Allahabad Court August 2000 Judgments
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Haji Shafi and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-25-2000
Reported in: 2001CriLJ330
ORDERB.K. Rathi, J.1. Charge-sheet in Crime No. 178 of 1998 for offences under Sections 147, 148 and 302, I.P.C. has been submitted against the applicants regarding which Case No. 4448 has been registered in the Court of C.J.M., Rampur. The applicants were summoned. They moved an application to commit them to the Court of sessions through counsel in their absence. The said application has been rejected by the impugned order dated 17-8-2000 by the C.J.M., Rampur. Aggrieved by it, the present revision has been preferred.2. I have heard Sri Dharmendra Singhal, learned counsel for the applicants and the A.G.A.3. It is contended that the presence of the accused at the time of committal is not necessary. The learned counsel for the applicants in support of the argument, has referred to the case of 'Kamlesh Kumar Dixit v. State 1981 ACC 238 : 1981 Cri LJ (NOC) 92'. I have gone through the judgment and is of the view that it is of no help to the applicants. In this case the accused was committ...
Harish Chand Vs. Joint Director of Education, Meerut and Others
Court: Allahabad
Decided on: Aug-24-2000
Reported in: 2000(4)AWC2726; (2000)3UPLBEC2341
S.R. Singh, J. 1. Public Inter College, Siyana, District Bulandshahr is a recognised 'institution' within the meaning of clause (e) of Section 2 of the U. P. Secondary Service Selection Boards Act, 1982 (in short the 'Act'). Petitioner is a confirmed L.T. grade teacher in the institution wherein a vacancy in the post of Lecturer in English occurred on 30.6.1991 on retirement of the incumbent Shri Ratan Chand Rastogi. Petitioner is admittedly the senior most teacher of the 'institution' in the L.T. grade. Though the petitioner is triple M. A. he did M. A. in English in the year 1993. Vacancy in the post of Lecturer in English is admittedly to be filled in by promotion.2. The question that arises for consideration in the instant case is as to whether the petitioner is eligible and qualified for being considered for appointment as Lecturer in English in the vacancy which occurred on 30.6.1991 due to retirement of the-incumbent Shri Ratan Chand Rastogi. The institution is under the managem...
Mathai Lal Dube Vs. District Magistrate, Sant Ravidas Nagar and Others
Court: Allahabad
Decided on: Aug-24-2000
Reported in: 2000(4)AWC2752; (2000)3UPLBEC2604
V.M. Sahai, J.1. The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, district SantRavidas Nagar (in brief gaon sabha). He has filed this petition for quashing transfer of gaon sabha land, by the respondents, in favour of a private samiti for opening a girls college under the Government scheme for encouraging education amongst girls in 'asevit vikas khand'. The order is challenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure. 2. In 1994, the Government issued an order for encouraging higher education for girls in rural areas. It permitted private bodies to open and establish colleges in such areas and if someone was willing to make land available, the Government was willing to grant rupees ten lakhs. This order is not on record. It was modified on 31.5.1995. The conditions for grant for establishing a private institution under Government order 1995 provided that the private inst...
Fateh Bahadur Singh Vs. Jang Bahadur Gupta and Others
Court: Allahabad
Decided on: Aug-24-2000
Reported in: 2000(4)AWC2891
Yatindra Singh, J. 1.This appeal, among the other questions, involves with the interpretation of Sections 166, 167, 168. 168A and 189 clause (aa) (Sect n 189 (aa) of U.P. Zamindari Abolition and Land Reforms Act. 1950 (the Act) as they stood in 1966. The question is that in case of a transfer contrary to the Section 168A of the Act, when do therights of transferor come to an end? Are they extinguished on the date of making the transfer contrary to Section 168A of the Act or upon ejectment in a suit filed by the Gaon SabhaTHE FACTS 2. Sri Fateh Bahadur Singh [the plaintiff) filed a suit for the specific performance of a contract against Sri Jang Bahadur Gupta. Smt. Kalawati Devi and Mithilesh Kumari (the defendant Nos. 1, 2 and 3 respectively) with the allegations that :* The defendant No. 1 was the owner of the plot (Chak) No. 249 (area 10 bigha 12 biswa 10 biswansi). He contracted to sell it to the plaintiff within five years by an unregistered contract to sell dated 5.4.1966 for Rs. ...
Laxmi NaraIn Tiwari Vs. Deputy Labour Commissioner, Lucknow and Anothe ...
Court: Allahabad
Decided on: Aug-24-2000
Reported in: 2000(4)AWC3078
Bhanwar Singh, J.1. This writ petition has been filed under Article 226 of the Constitution of India, praying for a writ in the nature of certiorari quashing the order dated 5.10.1995, passed by the Deputy Labour Commissioner, Lucknow. Further, a writ in the nature of mandamus has also been prayed for by the petitioner seeking a command to the opposite party No. 2 to promote him in the Artisan Grade A with effect from 1.4.1991 or 1.4.1995.2. The petitioner's case is that he was appointed by the Management of the opposite party No. 2, namely, Scooters India Limited as Telephone Mechanic (Skilled grade) in the year 1976 and since then he has been working on the same post in the same grade. In the year 1979. an agreement was arrived at between the Management of the Scooters India Limited and the Labour Union and it was settled that there would be five artisan grades of the labourers to be designated as grades A. B, C, D and E and all the workmen would be considered for promotion in the up...
Moar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-24-2000
Reported in: AIR2001All58; (2000)3UPLBEC2621
ORDERA.K. Yog, J.1. This is a petition by Moar Singh, who had appeared in the Intermediate Examination-2000 conducted by U.P. Board and had applied for scrutiny after paying requisite fee within the time prescribed by the Board itself.2. This petition was taken up on 16th August, 2000 and thereafter at the request of the learned counsel representing State and U. P. Board adjourned from time to time in order to enable the respondent-authorities to assist the Court in informing minimum possible time required for completing the entire work of scrutiny with regard to the High School and Intermediate Examination-2000 conducted by the Board.3. Sri A.N. Verma, Additional Secretary, U.P. Board was present on the last date as well as he is present in Court today. On his instructions the learned Standing Counsel has made submissions and apprised the Court about magnitude of work to be undertaken by the Board while deciding the scrutiny applications with respect to aforesaid examinations.4. A sug...
Pravesh Kumar Vs. Vice-chancellor, Banaras Hindu University and ors.
Court: Allahabad
Decided on: Aug-24-2000
Reported in: AIR2000All369; (2000)3UPLBEC2362
ORDERA.K. Yog, J.1. Pravesh Kumars on of Sabhajit Singh resident of 506/108, Housing Scheme Mumfordganj, Allahabad has filed this petition against the officers and authorities of Banaras Hindu University, Varanasi responsible for conducting Pre-medical Test 2000 and to prepare merits list for admission to First Year MBBS Course 2000-2001 (hereinafter called 'Examination'). Petitioner has prayed for a writ of mandamus commanding the respondents to grant admission to the petitioner in First Year MBBS Course 2000-2001, any other writ, order of direction as this Court may deem fit in the circumstances of the case to meet ends of justice, and to award costs of the petition.2. On Civil Miscellaneous Application No. 63464 of 2000 filed by the petitioners, this Court passed order dated August, 11, 2000 -- 'As agreed by the learned counsel for the parties, the case may be taken up after lunch, today, Summon the record.'Accordingly, case taken up on 11th August, 2000.Learned counsels for the par...
Chandra Prakash Trivedi Vs. District Judge, Agra
Court: Allahabad
Decided on: Aug-22-2000
Reported in: 2000(4)AWC2841
Binod Kumar Roy and S.K. Jain, JJ. 1. The prayer of the petitioner is to quash only the underlined portion of the order dated 19.8.1993 passed by the District Judge, Agra, which reads thus :'Sri Chandra Prakash Trivedi, Pleader, had moved anapplication for issuing a certificate to the effect that he is an enrolled pleader. Order on this application was passed on 26.6.1993 in which it has been observed that if a person had discontinued practice, he can apply for re-enrolment under the provisions of Rule 571 of the General Rules (Civil), This observation was made because the licence of Sri Trivedi was not renewed after the year 1986 and he moved for re-enrolment in the year 1993. My learned predecessor-in-office, before whom the said application was moved by Sri Trivedi, had endorsed 'permitted' on the application and on the basis of this order, a renewed certificate was prepared by the office. I, therefore, held in my previous order that the then District Judge had committed no illegali...
Anita Bhandari Smt. Vs. Director of Bal Vikas Evam Pustahar and ors.
Court: Allahabad
Decided on: Aug-22-2000
Reported in: [2000(86)FLR963]; (2002)IVLLJ755All
A.K. Yog, J.1. Petitioner Smt. Anita Bhandari wife of Yudhbir Singh Bhandari filed this writ petition under Article 226 of the Constitution of India praying for quashing the impugned order dated September 9, 1997 (Annexure-2 to the writ petition) whereby the concerned Pariyojna Adhikari, Bal Vikash Chinyalisaur, Uttar Kashi terminated the services of the petitioner as Angan Bari. Worker appointed at village Jibya, Uttar Kashi, on the recommendation of Kshetriya Mukhya Sevika and on the direction of the District Magistrate communicated by the Programme Officer, Uttar Kashi by letter dated September 8, 1997. In paragraphs 6 and 7 of the writ petition, it has been categorically mentioned that the petitioner was not given any opportunity before passing the impugned order. Petitioner had filed a representation dated October 6, 1997 before the District Magistrate (Annexure-5 to the writ petition). Several persons of the village and members of the concerned Gram Sabha Jibya also filed represe...
Chand Oil Mill Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Aug-22-2000
Reported in: [2001]124STC320(All)
R.K. Agrawal, J. 1. The applicant has filed the present revision against the order dated January 5, 1991 passed by the Sales Tax Tribunal, Moradabad Bench I, Moradabad in Cross Appeal Nos. 331 of 1987 and 110 of 1988 relating to the assessment year 1982-83.2. The facts of the case in brief are that the applicant is a registered dealer under the provisions of the U.P. Sales Tax Act and is engaged in the business of manufacture and sale of oil and khal.3. For the assessment year 1982-83 the applicant admitted the tax liability of Rs. 17,173.90 which was disbelieved by the assessing authority who imposed a total tax of Rs. 49,197.60. In the first appeal filed by the applicant the tax liability was reduced to Rs. 26,223.60 which has been confirmed by the Tribunal by the impugned order.4. After hearing the learned counsel for the parties I find that the consumption of electricity as disclosed by the applicant at 7,692 units has been accepted. Thus, the production has to be worked out on the...
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