Allahabad Court April 2000 Judgments
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Shesh Nath Ram Vs. the Joint Director of Education and ors.
Court: Allahabad
Decided on: Apr-04-2000
Reported in: (2000)3UPLBEC2453
R.K. Agarwal, J.1. The petitioner Shesh Nath Ram had earlier approached this Court by filing Civil Misc. Writ Petition No. 11556 of 1999 in which he had challenged the order dated 4-3-99 passed by the Joint Director of Education, Varanasi Region, Varanasi.2. In the aforesaid Writ Petition Abdul Basher Abbasi was array as respondent No. 5. After hearing the Counsel for the petitioner and the respondent No. 5, this Court by the judgment and order dated 23-3-1999 disposed of the Writ Petition with the direction to the Joint Director of Education, Varanasi Region, Varanasi to dispose of the proceeding in accordance with law within a period of four weeks from the date of production of a certified copy of this order, taking into consideration all objections to be raised by the parties granting them opportunity in accordance with law. This Court while disposing of the aforesaid Writ Petition had observed that petition is entitled to take all objections taken in the present Writ Petition inclu...
Brahma Baksh Singh 'Gopal' Vs. University of Lucknow and others
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2001(1)AWC645; (2001)3UPLBEC2031
ORDERAmarbir Singh Gill, J.1. The petitioner assails order dated June 19, 1999 of the Vice-Chancellor. Lucknow University by which election of the petitioner as President of the Lucknow University Students Union has been set aside.2. The election process of Lucknow University Students Union (In brief Students Union) for Session 1998-99 was Initiated by notification. The petitioner submitted his nomination papers for the office of President on May 7, 1999. The scrutiny of the nomination papers was conducted on May 8/9, 1999 and the petitioner's name figured in the list of eligible candidates for contesting the election. The election was held on May 15, 1999 and the counting of the votes was completed by mid-night of the same date. The petitioner scored highest number of votes and defeated his nearest rival, opposite party No. 4, Sri Daya Shanker Singh by margin of 216 votes. The Vice-Chancellor issued notification declaring the results of the election on May 16, 1999. However, the elect...
Gobardhan Lal Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(2)AWC1515; [2000(87)FLR658]; (2000)2UPLBEC1356
M. Katju, J.1. This writ petition has been filed against the impugned transfer order dated 8.12.1999 copy of which is Annexurc-1 to the petition. By that order the petitioner who was District Supply Officer, Meerut was transferred to the headquarter at Lucknow.2. In this case on 19.1.2000 we passed the following interim order :'Heard learned counsel for the petitioner and the learned Chief Standing Counsel. The petitioner has challenged the transfer order dated 8.12.1999, Annexure-1 to the writ petition. The petitioner is DistrictSupply Officer, Meerut. By the impugned transfer order, he has been transferred from Meerut to the head quarter at Lucknow. Annexure-2 is copy of the letter dated 1.12.1999 sent by a local MLA Sri Atul Kumar to the Minister of Food and Civil Supply, Government of U. P. in which it has been written that the petitioner does not give importance to MLAs and he is lodging false cases against businessmen, and therefore, he should be immediately removed from Meerut a...
India Glycols Limited Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(2)AWC1635
M. Katju and D. R. Chaudhary,JJ. 1. Heard Shri Milan Banerjee, Senior Advocate. Shri Bharat Ji Agarwal and Shri Piyush Agrawal for the petitioner, and the learned Chief Standing Counsel and Shri C. S. Singh for the respondents.2. This writ petition has been filed praying for a writ of mandamus directing the respondents not to realise licence fee for the Excise Year-2000-2001 and subsequent financial year for all the products manufactured by the petitioners in its factory. The petitioner also prayed for quashing Rule 3 (a) of U. P. Licence for Possession of Denatured Spirit and Specially Denatured Spirit Rules. 1976.3. The petitioner is a private limited company incorporated under the Indian Companies Act, 1956. It manufactures chemicals and for that purpose requires molasses/Industrial Alcohol as the main raw material for the manufacture of the aforesaid chemicals. The petitioner obtained licence in Form PD 2 from the Excise Commissioner. Allahabad, U. P, for establishing a distillery ...
State of U.P. and Another Vs. Krishna Madho Sharma and Others
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(2)AWC1726; (2000)IILLJ1065All
ORDERS. L. Saraf, J.1. Heard learned counsel for the petitioner and the learned standing counsel for the respondents.2. This matter relates to the retrenchment of 21 employees who were working in the Press run by theBar Association, High Court, Allahabad. Sometimes on 4th July, 1988 the printing work of the cause list by the Bar Association stopped and the High Court cause list was printed subsequently by the Government Press, Allahabad. However, that resulted the services of 21 employees of the Bar Association redundant as no work of the cause list was available any more.3. The question involved is relating to the employment of these 21 persons. In the facts of this case, though the said employees were not the Government employees, still they were doing the work of the High Court in the capacity as employee of the Bar Association. It appears from the documents annexed to the petition that the then Hon'ble Chief Justice has also taken on their cause with the Judicial Secretary/Legal Re...
NasimuddIn Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(3)AWC1803
Bhanwar Singh, J. 1. This writ petition has been filed by Nasimuddin. who was elected Chairman of Nagar Palika, Chandpur, Bijnore, under Article 226 of the Constitution of India praying for a writ in the nature of certiorari quashing the Impugned orders dated 22.7.1999 and 9.9.1999. passed by the Government of U. P. and the District Magistrate. Bijnore, respectively. Another writ in the nature of mandamus directing the respondents not to interfere in the working of the petitioner as Adhyaksh, Nagar Pallka Parlshad. Chandpur, district Bijnore has been sought.2. The matrix of the petitioner's case is that he was elected as Chairman of Chandpur Nagar Pallka Parishad and took oath of his office on 1.12.1995. He discharged his duty satisfactorily for more than two years. However. In March, 1998. the District Magistrate, Bijnore. directed the Additional District Magistrate (Finance) to hold an enquiry against the petitioner on an unsigned and undated complaint. Under the pressure of the poli...
Sandeep JaIn Vs. Suresh Chandra JaIn and Others
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(3)AWC1947
D. K. Seth, J.1. The plaintiff had filed a Suit No. 619 of 1997 against the defendant-respondents for declaration of ownership and title as well as injunction in respect of the suit property one of which is situated at Muzaffarnagar and the other at Delhi on the basis of a Will executed on 21st June. 1994 by late Srnt. Vimla Jain. The defendants had admitted the claim of the plaintiff in the written statement and as well as the Will as genuine. In this appeal, an affidavit has been filed on behalf of the defendants to the extent that they are not disputing the ownership of the plaintiff and are agreeable that the property in his possession may be retained by him. The learned counsel for the respondents Mr. Ravi Agarwal submits that Delhi property is in the possession of the plaintiff while the plaintiff has l/5th share in the Muzaffarnagar property in respect whereof the defendants-respondents have no objection.2. The learned counsel for the appellant Mr. M. C. Gupta submits that the t...
Prem Lal Patel Vs. State of U. P. Through Secretary, Panchayati Raj an ...
Court: Allahabad
Decided on: Apr-03-2000
Reported in: 2000(3)AWC2159
S. H. A. Raza, J.1. Mr. Prem Lal Patel, the petitioner of this writ petition, has assailed the Ordinance No. 10 of 2000, by means of which certain amendments were made in the Uttar Pradesh Panchayat Raj Act. 1947, on the ground that the Ordinance is ultra vires to the provisions of Article 243-E(3)(a) of the Constitution of India which came into force on 24th April. 1993. by the Constitution (Seventy-third) Amendment Act, 1992. Before dealing with the vires of the Ordinance, it would be relevant to reproduce Article 243E of the Constitution of India.243-E. Duration of Panchayats. etc.--[1] Every panachayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat, at any level, which is functioning immediately before such amendment, till the expiration of its duration speci...
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