Allahabad Court July 2000 Judgments
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Ganga Pollution Control Unit and Another Vs. Civil Judge, Allahabad an ...
Court: Allahabad
Decided on: Jul-12-2000
Reported in: 2000(3)AWC2515
Sudhir Narain, J.1. This is an appeal against the order of the Court below dated 18.9.1996 appointing Arbitrator under Section 20 of the Arbitration Act, 1940.2. The respondent. M/s. M. K. Traders, filed application under Section 20 of the Arbitration Act for appointment of an Arbitrator with the allegations that it entered into contract with the defendant-appellant on 5.1.1993 'to construct R.C.C. retaining wall'. It started construction work after the execution of the contract which was to be completed by 4.7.1993. The construction work continued for about four months but according to him due to wrong designing of Piles and departmental carelessness, the construction work could not be completed. The Manager of the appellant wrote a letter dated 21.5.1993 to the plaintiff directing him to stop further construction. After six months, It received letter dated 5.10.1993 from the Project Manager, asking the plaintiff to start construction again. The plaintiff-respondent asked the appellan...
Lal Jeet Ram Vs. Sachiv/Ayukt Rajya Nirvachna Ayog and Another
Court: Allahabad
Decided on: Jul-12-2000
Reported in: 2000(3)AWC2537; (2000)3UPLBEC2319
S.R. Singh, J.1. Heard Sri Virendra Kumar appearing for the petitioner and Sri B. D. Mandhyan, appearing for the respondents.2. By means of the impugned order, the petitioner has been placed under suspension in contemplation of disciplinary enquiry in relation to the charges referred to herein. Sri Virendra Kumar, appearing for the petitioner, submits that the Impugned order of suspension is impaired on reasons, inter alia, that the charges referred to therein are vague and indefinite : and that the District Magistrate/District Election Officer (Panchayat), Jaunpur, had no disciplinary control over the Class 3 and Class 4 employees appointed on posts created by G.O, dated 27.8.1999 (Annexure-II) and assigned to election duty during Panchayat Election. The learned counsel placed credence on the Government order dated August 17. 1999, the text of which is that it is the Chief State Election Commission who will have the administrative control over 65 clerks and 65 peons which posts were c...
Shiv Shanker Dubey Vs. State Election Commission and Others
Court: Allahabad
Decided on: Jul-12-2000
Reported in: 2000(3)AWC2533
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ. 1. The prayer of the petitioner is to quash the order dated 1.7.2000 passed by the State Election Commission, Uttar Pradesh (Respondent No. 1) deciding recounting of ballots of entire Ward No. 1. Sant Ravi Das Nagar, under the supervision of the District Magistrate/District Election Officer (Panchayat). Sant Ravi Das Nagar, Observer of the Election Commission and Additional Collector/Returning Officer. Sant Ravi Das Nagar.2. A number of contentions were made by Sri A. Kumar, learned counsel appearing in support of the prayers made in this writ petition whereas on behalf of respondent No. 5 Sri V. K. S. Chaudhary, learned senior counsel, apart from refuting those contentions contended that in view of the provisions as contained in Article 243-O(b) of the Constitution of India, this writ petition is not maintainable and be dismissed as such. In order to buttress this submission, he placed strong reliance on a Division Bench, decision of the Su...
Kamlawati Vs. Kotwal and ors.
Court: Allahabad
Decided on: Jul-12-2000
Reported in: (2000)3UPLBEC1969
A.K. Yog, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel on behalf of the respondents.2. Petitioner claiming to be the Pradhan of the village filed a suit and certain interim order was obtained. Thereafter an application was filed before the - Civil Court complaining breach of the interim order. These orders are ex parte.3. Copy of the order sheet has not been annexed to satisfy this Court that all efforts were taken to serve Defendants in the said suit.4. Considering the controversy raised by the Petitioner, I treat this petition to be public interest litigation. The grievance of the Petitioner concerns the entire society at large particularly the rural population inasmuch as running of brick kiln, without ensuring protection to the enviornment, ecology and grove, is a social menace.5. I regret that this petition has been filed casually. Petitioner has not even cared to produceGovernment Order/s dealing with the subject. The reliefs sought, if allowed, are ...
Ravindra Pal Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-11-2000
Reported in: 2001(1)AWC160
ORDERS. H. A. Raza and R. P. Nigam,JJ.1. The main grievance of the petitioner appears to be is that although his nomination was accepted for the general seat and he contested the election and thereafter, votes were counted, but before declaration of the result, the election was countermanded by the State Election Commissioner.2. Sri R. C. Gupta, learned counsel appearing on behalf of State Election Commission submitted that the seat was for which the nomination of the petitioner was accepted was a reserved seat and the petitioner could have not filed his nomination for that seat, as he belonged to forward caste and for that reason, the election was countermanded.3. The superintendence, direction and control of the preparation of the electoral rolls for, and conduct of, all elections of the panchayat is vested only in the State Election Commission, consisting of State Election Commissioner as provided under Article 243K of the Constitution of India.4. Similarly superintendence, directio...
Committee of Management Vs. Additional Registrar, Firms, Societies and ...
Court: Allahabad
Decided on: Jul-10-2000
Reported in: 2000(4)AWC2657; (2000)3UPLBEC2070
I. M. Quddusi, J.1. These are two writ petitions filed by the Committee of Management, Janta Shiksha Prasar Samiti, Pipra Pratham, district Sant Kabir Nagar through its Manager Prahlad Singh. In both the writ petitions, the petitioner has desired to restrain the respondents to hold election of the Committee of Management of the Society on the basis of the order passed by the Assistant Registrar, Firms. Societies and Chits, Gorakhpur. Since in both the cases the facts are common and the later case has been filed due to further development and in the case filed earlier being Writ Petition No. 27548 of 1998, counter and rejoinder affidavits have been exchanged, both are being disposed of by the common judgment.2. Heard Sri R. N. Singh, learned Senior Advocate along with Sri S. S. Chauhan appearing for the petitioner and Sri V. K. Shukla, learned counsel appearing for the respondent No. 3 of Writ Petition No. 27548 of 1998 and respondent No. 2 of Writ Petition No. 37612 of 1998, namely. Ja...
Rajendra Krishna Yadav and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-10-2000
Reported in: (2000)3UPLBEC2117
I.M. Quddusi, J.1. This writ petition has been heard alongwith similar other writ petitions but since the course for which the petitioners of this writ petition had applied are different, they are being disposed of separately, although hearing in those writ petitions were made jointly.2. Heard learned Counsel for the petitioners Sri H.S.N. Tripathi for the petitioners Sri Ramesh Upadhyay and learned Standing Counsel for the respondents.3. The brief facts of the case are that applicants were invited through advertisement published in the daily newspaper Dainik Jagran dated 25-7-98 for direct admission in B.E./B. Tech and B. Arch for different branches of Government and Private Engineering Colleges of U.P. The requirement for the course was Diploma in any branch of Engineering having 10 + 2 Examination with Physics, Chemistry and Mathematics of first year B.E./B. Tech/B. Arch. For this purpose a combined Entrance examination was conducted by the Motilal Nehru Regional Engineering College...
Majhgawan Matsyajivi Sahkari Smiti Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-07-2000
Reported in: 2000(4)AWC2615
G.P. Mathur, J.1. The controversies raised in the two writ petitions are interconnected and, therefore, they are being disposed of by a common order.2. Writ Petition No. 25497 of 1994, has been filed praying that a writ of mandamus be issued commanding respondent No. 1 and other respondents to pass appropriate orders on the application moved by the petitioner on 14.10.1993. The other prayer made is that respondent No. 1 be commanded to grant lease to catch fish in Majhgawan jalashaya in favour of the petitioner co-operative society. The case of the petitioner is as follows : The petitioner is a co-operative society consisting of local fishermen which has been registered under the U. P. Co-operative Societies Act. The lease to carry on fishing operation in Majhgawan jalashaya was settled in favour of the petitioner from 1988 to 1994. The petitioner made an application on 14.10.1993 to the Director of Fisheries. U. P.. praying that the lease to carry on fishing operation in Majhgawan Jal...
Oriental Insurance Co. Ltd. Vs. Nanhoomal Sharma and Another
Court: Allahabad
Decided on: Jul-07-2000
Reported in: 2002ACJ1438; 2000(4)AWC2655
Sudhir Narain and Krishna Kumar, JJ.1. This appeal has been filed against the judgment and order (award) dated 21.8.1999 passed by the Motor Accident Claims Tribunal (IVth Additional District Judge. Allgarh) in motor accident claims Case No. 79 of 1997 whereby the Tribunal awarded a sum of Rs. 2,55,000 along with Interest to the claimant-respondent.2. The Tribunal has allowed the aforesaid compensation because of the injuries received by the claimant-respondent on various counts.3. We have heard the learned counsel for the parties. Learned counsel for the claimant-respondent raised a legal objection that the appellant being the Insurer can only raise pleas. In the petition as well as in the appeal, which were available to the appellant under Section 149 of the Motor Vehicles Act. It is contended by the learned counsel for the respondent that the appellant cannot argue for reduction in the compensation allowed because this plea was not covered under Section 149 of the Act.4. Taking a cu...
Sheopal Srivastava and Others Vs. District Magistrate, Varanasi and Ot ...
Court: Allahabad
Decided on: Jul-07-2000
Reported in: 2000(4)AWC2790; (2000)3UPLBEC2087
Palok Basu, J. 1. Nagariya Sahkari Bank Ltd., Varanasi (hereinafter referred to as the Bank) is a Primary Urban Co-operative Bank within the meaning of Section 2 of the U. P. Cooperative Societies Act, 1965 (for short, the Act), more specifically defined as Primary Urban Cooperative Bank under Rule (qq) of Rule 2 of the Rules framed under the Act (hereinafter referred to as the Rules). All the petitioners in this bunch of 26 writ petitions are aggrieved by the action of the Bank taken for realising amounts due against the petitioners through recovery certificates/Citations issued by the revenue authorities under the U. P. Public Money (Recovery of Dues) Act, 1972 and in one case the recovery certificate/citation issued by the Registrar Co-operative Societies in proceedings for realisation of loan amount which was initiated by the Bank. Since most of the questions raised in this bunch of cases arecommon, as prayed by the learned counsel for the parties, all the cases were bunched and he...
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