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Allahabad Court August 2000 Judgments

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Aug 28 2000

Naveen Kumar and anr. Vs. Regional Secretary, Madyamik Shiksha Parisha ...

Court: Allahabad

Decided on: Aug-28-2000

Reported in: (2000)3UPLBEC2716

S. Harkauli, J. 1. The petitioner result of High School Examination 1997 was cancelled on the charges of mass copying. It has been stated in the rejoinder affidavit that both the petitioners have subsequently passedIntermediate Examination 1999 and have now passed B.Sc. Part I Examination from Ruhelkhand University, although the result of B.Sc. Part I has not been declared.2. The original record has been produced by the learned Standing Counsel after examining the record, I am of the opinion that it cannot be said with certainly, that the petitioners were innocent. However, considering the subsequent events which has taken place during the penedency of the matter, I am of the opinion that the petitioners should be given benefit of doubt and the order cancelling the result of the petitioners should be set aside.3. In the result, this writ petition is allowed. The cancellation of petitioner's High School result of 1997 is set aside. The respondent Board is directed to declare the result ...


Aug 28 2000

Navneet Kumar and anr. Vs. the Regional Secretary, Madhyamik Shiksha P ...

Court: Allahabad

Decided on: Aug-28-2000

Reported in: (2000)3UPLBEC2512

S. Harkauli, J.1. The petitioner's result of High School Examination, 1997 was cancelled on the charges of mass copying. It has been stated in the rejoinder affidavit that both the petitioners have subsequently passed Intermediate Examination, 1999 and have now passed B.Sc. Part I Examination from Ruhelkhand University, although the result of B.Sc. Part I has not been declared.2. The original record has been produced by the learned Standing Counsel. After examining the record, I am of the opinion that it cannot be said with certainty that he petitioners were innocent. However, considering the subsequent events which has taken place during the pendency of the matter. I am of the opinion that the petitioners should be given benefit of doubt and the order cancelling the result of the petitioners should be set aside.3. In the result, this writ petition is allowed. The cancellation of petitioner's High School result of 1997 is set aside. The respondent Board is directed to declare the resul...


Aug 28 2000

M.B. Yadav Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Aug-28-2000

Reported in: (2000)3UPLBEC2312

S.R. Singh, J.1. Heard Sri Jagannath Singh appearing for the petitioner and Sri K. S. Kushwaha Standing Counsel representing the respondents.2. The petitioner herein is aggrieved by the suspension order dated 12-6-2000 (Annexure 6 to the petition). The suspension of the petitioner has been ordered in exercise of power under Rule 17 of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the 'Rules'). The indictment against the petitioner is that he absented from duty from 16-5-2000 sans prior sanction of leave permission. Copy of the impugned order of suspension was endorsed to Sri Vijai Prakash, Asstt. Police Superintendent, Agra attended with the direction to submit preliminary enquiry report within a week. It was canvassed on behalf of the petitioner on the last date that the Sr. Supdt. of Police was not justified in placing the petitioner under suspension without awaiting the preliminary enquiry report. In fact, it has been submitted by the le...


Aug 25 2000

Baldev Singh Vs. Tahsildar and Others

Court: Allahabad

Decided on: Aug-25-2000

Reported in: 2000(4)AWC2781; (2000)3UPLBEC2262

G.P. Mathur, J. 1. The petitioner a 'Jat Sikh' was elected as a member of Zila Panchayat, Rampur. In the election held for various panchayats in the State in June, 2000, in accordance with Section 18(1) (b) of U. P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the ZilaPanchayat Adhiniyam). The office of Adhyaksha of Zila Panchayat. Rampur, has been reserved for a person belonging to backward class in accordance with Section 19A of the Adhiniyam. The petitioner wanted to contest the election for the office of Adhyaksha and for that purpose, he moved an application on July 10. 2000 before the Tehsildar of his area for being issued a certificate that he belongs to a backward class. The Tehsildar directed an enquiry and after receiving a report passed an order on July 11. 2000. holding that the petitioner did not belong to backward class. The present writ petition has been filed praying that the order of the Tehsildar be quashed and a writ of mandamus...


Aug 25 2000

Maheshwari Bros., Mumbai Vs. Chairman and Managing Director, U.P. Stat ...

Court: Allahabad

Decided on: Aug-25-2000

Reported in: 2000(4)AWC2749

Shyamal Kumar Sen, C.J. 1. In the instant writ petition, the petitioner has prayed for quashing of the impugned certificate dated 15.10.1998 (Annexure-6) issued by respondent No. 1 against the petitioner and forwarding letter dated 24.10.1998 (Annexure-6A) issued by respondent No. 2 and recovery notice dated 5.6.1999 (Annexures-5 and 5A) issued by respondent No. 3 to the petitioner in relation to recovery of the amount of Rs. 3,14,642 plus Rs. 2with its all consequential effects throughout whatsoever with immediate effect.2. The petitioner has also prayed for issuing mandamus commanding the respondents (i) not to recover the alleged amount of Rs. 3,14,642.39 contained in the recovery certificate as well as recovery notice from the petitioner either in cash or by way of making attachment of his movable and immovable property and selling the same in the auction proceedings. (ii) to decide his representation dated 9.8.1999 contained in Annexures-7 and 7A to the writ petition, and (iii) to...


Aug 25 2000

Mohammad Arif Vs. Registrar, High Court of Judicature at Allahabad

Court: Allahabad

Decided on: Aug-25-2000

Reported in: 2000(4)AWC2865a

V.M. Sahai, J.1. An advertisement was issued on 29.11.1992 by the Registrar, High Court, Allahabad for recruitment of Routine Grade Clerks on 90 existing vacancies and 150 vacancies which were likely to occur till 1995. The petitioners who were eligible for appointment as Routine Grade Clerk applied in pursuance of the advertisement dated 26.11.1992. Mohammad Arif was allotted roll No. 2864 and Nishith Kumar Srivastava was allotted roll No. 4770. In the written examination held on 9.1.1994, the petitioners were declared successful. A communication was sent to them that typing test would be held on 1.3.1994 and interview on 2.3.1994. They appeared in typing test and interview. The result of final selection was declared on 20.3.1994 and a select list of 232 candidates was published. The petitioners were not selected. A waiting list of 108 candidates was prepared. However, in the waiting list of general category candidates Mohammad Arif was at serial No. 1 and Nishith Kumar Srivastava was...


Aug 25 2000

Commissioner, Sales Tax Vs. Ved Traders

Court: Allahabad

Decided on: Aug-25-2000

Reported in: [2002]127STC325(All)

R.K. Agrawal, J.1. The Commissioner of Sales Tax, U.P., Luck-now, feeling aggrieved by the order dated December 4, 1990 passed by the Sales Tax Tribunal, Meerut Bench-I, Meerut, in Appeal No. 8 of 1988 relating to the assessment year 1981-82 has filed the present revision under Section 11 of the U.P. Sales Tax Act, 1948.2. The facts of the case in brief are that the assessee-opposite party is a registered dealer under the provisions of the Act and is engaged in the business of gur, foodgrains, oil cake and salt, etc. For the assessment year 1982-83 the assessee-opposite party had disclosed its taxable turnover at Rs. 8,33,662.52 which was disbelieved by the assessing authority, who determined the taxable turnover at Rs. 15,52,106.05. In the first appeal filed by the assessee, the Assistant Commissioner (Judicial) by order dated November 24, 1987 had upheld the assessment order.3. Feeling aggrieved by the said order the assessee-opposite party filed an appeal under Section 10 of the Act...


Aug 25 2000

Commissioner, Sales Tax Vs. Gorakhpur Spun Pipe

Court: Allahabad

Decided on: Aug-25-2000

Reported in: [2001]123STC152(All)

R.K. Agrawal, J. 1. The Commissioner of Sales Tax, U.P., Lucknow, feeling aggrieved by the order dated November 17, 1990, passed by the Sales Tax Tribunal, Gorakhpur Bench, Gorakhpur, in second appeal No. 1034 of 1998 (1981-82) has preferred this revision under Section 11 of the U.P. Sales Tax Act, 1948 (now Trade Tax Act) (hereinafter referred to as 'the Act').2. The facts of the case in brief are that the opposite party is a registered dealer under the provisions of the Act and is engaged in the business of purchase and sale of cement spun pipe. It appears that the assessee was earlier registered as dealer with the Sales Tax Officer, Sector 4, Gorakhpur. However on April 1, 1981, the principal place of business was declared by the assessee at Varanasi and it had also obtained registration from the Sales Tax Officer, Varanasi, and office at Gorakhpur was shown as its branch. From the perusal of the Tribunal's order it appears that the Sales Tax Officer, Gorakhpur, had initiated procee...


Aug 25 2000

Shiv Prasad Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Aug-25-2000

Reported in: (2000)3UPLBEC2258

A.K. Yog, J.1. This is a writ petition under Article 226 of Constitution of India seeking to challenge the order dated 17.8.1994 (Annexure CA-1 to the counter affidavit of respondent No. 5) and order dated 3.9.1994 (Annexure-5 to the writ petition) whereby District Inspector of Schools cancelled the petitioner's appointment on class IV post in a recognised Government aided intermediate college called Public Intermediate College, Motiahan, District, Allahabad (called as the college) on the ground that there was no class IV post available and, secondly, one Shashi Kumar Gupta (respondent No. 6) who was given appointment earlier in another Institution (without class IV post being available) was being adjusted in the college.2. There is no dispute that one Moti Lal working in the college as peon, retired and a substantive vacany on the said class IV post came into existence. On this contingency, a retired Daftari in the office of the District Inspector of Schools, Allahabad, submitted an a...


Aug 25 2000

Association of Assistant Teachers of Primary Schools of Block Deokali, ...

Court: Allahabad

Decided on: Aug-25-2000

Reported in: (2000)3UPLBEC2308

A.K. Yog, J.1. Learned Counsel for the petitioner shall, as prayed for by the petitioner, correct the description of petitioners by deleting the words: 'The Association of Asstt. Teachers of Primary Schools of Block Deokali, Ghazipur and Saidpur, through its Members'. The petitioner has not disclosed relevant particulars to fix its identity and existence as such to act as a legal entity.2. Secondly, learned Counsel for the petitioner has agreed to pay separate Court fee on having failed to satisfy correctness of Taxing Officer's report.3. Thirdly, it is admitted that all the petitioners are not similarly and identically situated. All the petitioners cannot be allowed to join in one petition. This petition is being dismissed with liberty to the petitioners to file fresh writ petitions on payment of separate Court fees in accordance with law.4. This order shall be placed before the Taxing Officer submitting report dated 24.8.2000. Issue should have been decided independently on merit tak...


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