Allahabad Court August 2000 Judgments
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Sudershan Mittal Vs. Judge, Small Cause Court and Others
Court: Allahabad
Decided on: Aug-07-2000
Reported in: 2000(4)AWC2821
A.K. Yog, J.1. This petition has been filed annexing copy of the order-sheet of the Judge Small Cause Courts Suit No. 55 of 1992 (Annexure-1 to the writ petition) praying for a writ of mandamus directing the respondent No. 1 to decide expedltiously the J.S.C.C. Suit No. 55 of 1992, Sudershan Mittal v. Satish Kumar and others, pending since 1992. Order-sheet dated 27.5.2000 that additional written statement has not been filed though this case has entered in the Millennium year. 2000. J.S.C.C. Suit is pending since last about 8 years. 2. In my opinion, it is a fit case where this Court is constrained to observe that by granting adjournment merely on asking by a party to whom such adjournment gives undue advantage reflects upon judicial approach and functioning of the Court. The purpose of filing suit under Provincial Small Cause Courts Act is to get the matter decided summarily. In this case, it is to be noted here that the J.S.C.C. Suit No. 55 of 1992 is hanging for last 8 years and it ...
Durrani Oriental Carpets and Another Vs. Obeetee Ltd. Co.
Court: Allahabad
Decided on: Aug-04-2000
Reported in: 2000(3)AWC2575
Sudhir Narain, J.1. This appeal is directed against the order of the Civil Judge (Senior Division), Mlrzapur dated 17.3.1999 rejecting the application of the appellants for stay of the suit under Section 34 of the Arbitration Act. 1940.2. Briefly staled the facts are that respondent is a registered company. It carries on its business of manufacture and export of hand knotted woollen carpets under the name and style of Obeetee Ltd. The defendant-appellant No. 1 is a partnership firm and appellant No. 2 is one of the partners. They entered into an agreement on 10.8.1988. Under the said agreement, it was provided that the respondent shall sell to the appellants all the raw materials for the manufacture of its floor coverings on the price mutually agreed between the parties from time to time. The floor coverings, after manufacture, shall be utilised by the appellants for the execution of the orders given by the respondent. There were other clauses in the agreement. Clause No. 13 was an arb...
Lakhan Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-04-2000
Reported in: 2000(4)AWC2625; (2000)3UPLBEC2641
S.H.A. Raza, J. 1. Theaforementioned writ petitions to the election of Zila Panchayats of different districts. The Writ Petition bearing No. 3777 (M/B) of 2000 has been taken up as a leading one. The writ petitions, which deal with different questions, shall be dealt separately. 2. The factual matrix of the case as set out in the Writ Petition bearing No. 3777 (M/B) of 2000, in short compass, appears to be is that the election of the members of Zila Panchayat in District Hamirpur, U. P. was held on 22.4.1995. After the said election, new district Mahoba was carved out from district Hamirpur. It was submitted that till 5.8.1996, the election of Adhyaksha of Hamirpur was not held. On 18.4.1996, the StateGovernment issued notification under Section 272 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam. 1961 (hereinafter referred to as the 'Adhiniyam, 1961') removing certain difficulties due to creation of the new district Mahoba, which was earlier part of district Hamirpur, whi...
Uttam Chand and Another Vs. Vith Addl. District Judge, Jhansi and Othe ...
Court: Allahabad
Decided on: Aug-04-2000
Reported in: 2000(4)AWC2822
R. H. Zaidi, J.1. By means or this petition filed under Article 226 of the Constitution of India, the petitioners who happen to be tenants of house and shop, i.e., 29, Mohalla Subhash Ganj, Jhansi, (for short 'the building in question'), pray for issuance of a writ, order or direction in the nature of certiorart quashing the judgment and decree dated 11.3.1999 whereby the suit filed by the respondent No. 2, Judge Small Cause Courts, was decreed, the judgment and order dated 10.2.2000 whereby the revision filed by the petitioners against the judgment and decree passed by the trial court was dismissed by the revisional court (respondent No. 1) and the order dated 14.2.2000 whereby the review application filed by the petitioners was dismissed by the revisional court.2. The relevant facts of the case giving rise to the present petition, as set out in the pleadings of parties (writ petition and counter-affidavit) and other material on the record, in brief, are that the respondent No. 3 file...
Ajai Kumar and Company Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Aug-04-2000
Reported in: [2001]123STC575(All)
R.K. Agrawal, J. 1. The present revision has been filed against the order dated December 14, 1990 passed by the Sales Tax Tribunal, Bareilly Bench-II, Bareilly, in the appeal filed by the applicant relating to the assessment year 1980-81. The applicant is a registered dealer under the provisions of the Sales Tax Act and is engaged in the business of foodgrains. For the assessment year 1980-81 it disclosed its gross turnover at Rs. 20,28,040.68 paise and net turnover at Rs. 1,32,166.42 paise. The assessing authority disbelieved the applicant's books of account and the disclosed turnover and made a best judgment assessment determining the taxable turnover at Rs. 25,37,040.2. The first appeal filed by the applicant has been dismissed by the Assistant Commissioner (Judicial) by the order dated January 17, 1990. The second appeal filed by the applicant has been allowed by the Tribunal by the impugned order and turnover has been reduced by Rs. 3 lacs only. It may be mentioned here that the a...
Parsvnath Developers Ltd. and anr. Vs. New Okhla Industrial Developmen ...
Court: Allahabad
Decided on: Aug-04-2000
Reported in: (2000)3UPLBEC2336
D.S. Sinha, J.1. Order-sheet indicates that instant petition was filed on 15-1-1998 and was directed to come up on 19-1-1998. However, the petition came up on 20-1-1998 on which date a supplementary-affidavit was filed. The case was directed to be listed after three weeks. Next date fixed in. the case was 25-11-1998. The order-sheet of that date indicates that the learned Counsel for the petitioners was directed to file an amended petition within two days. Thereafter, the matter was before the Court on 8-1-1999, and the Court passed the following order :'Hon'ble M. Kathju, J.Hon'ble R.K. Singh, J.As prayed list on 27-1-1999 alongwith the record of Second Appeal No. 2110 of 1987 showing the name of Counsel for the parties in that appeal also. It is made clear that both these cases will be heard and disposed of on that date. This order has been passed in presence of Sri U. S. Awas-this, Counsel for the respondents. Sd./- Sd./-M. Katju R.K. Singh'2. The order-sheet dated 27-1-1999 indicat...
Anand Kumar Dubey Vs. State of U. P. and Others
Court: Allahabad
Decided on: Aug-03-2000
Reported in: 2001(1)AWC274
Naseemuddin, J.1. Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. The only controversy in the present writ petition is whether the petitioner is entitled to the reservation of 2% quota in the admission to the course of M.B.A., the admission test of which was held by the Moti Lal Nehru Regional Engineering College, Allahabad (M.N.R.E.C. for brief) under the U. P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (hereinafter refer.-ed to as the Act for the sake of brevity). 3. Learned counsel for the petitioner has drawn the attention of the Court to Annexure-3 to the writ petition which is a letter addressed to all the departments of the State enclosing therewith the G.O. dated 10.5.1991 of Karmik Anubhag 2 bearing No. 18/1/95-Ka-2/95. By this G.O., the attention of the departments of the State was drawn to the provisions of sub-section (2) of Section 3 of the Act regarding ensu...
Smt. Urmila Srivastava Vs. Regional Joint Director of Education, Varan ...
Court: Allahabad
Decided on: Aug-03-2000
Reported in: 2000(4)AWC2610; (2000)3UPLBEC2273
S. R. Singh, J.1. Challenge in this petition centers round the order of the District Inspectors of Schools embodied in his communication dated 28.6.2000 (Annexure-4) addressed tothe Manager. Adarsh Kanya Inter College. Jaunpur, containing direction to the latter to submit proposal for the ad-hoc appointment of the respondent Smt. Sushma Chaturvedi as officiating Principal of the Institution together with relevant papers having bearing on the appointment and seniority of all teachers in the Institution by 30th June. 2000. The communication dated 30.6.2000 of the Joint Director of Education, Varanasi Region, Varanasi, addressed to the Manager of the Institution directing the latter to enforce compliance to the directions contained in the letter aforestated of the District Inspector of Schools, of assigning charge of Principal to Smt. Sushma Chaturvedi under intimation to himself and the District Inspector of Schools, Jaunpur.2. It would transpire from the order contained in the communica...
Dr. Shyam Ji Shukla Vs. Sri K.R. Narayanan, Visitor, B.H.U., President ...
Court: Allahabad
Decided on: Aug-03-2000
Reported in: 2000(4)AWC2820; (2000)3UPLBEC2094
S. Rafat Alam, J.1. This is an application under Section 12 of the Contempt of Courts Act for initiating contempt proceeding and punishing the opposite party for the alleged wilful and deliberate defiance of this Court's order dated 17.2.1998 passed in Writ Petition No. 20883 of 1997 and the order dated 24.7.1998 passed in the Review Application No. 20094 of 1998. 2. 1 have perused the aforesaid orders of this Court contained in Annexures-1 and 2 to the contempt petition. It appears that the petitioner had filed Writ Petition No. 20883 of 1997 for quashing the advertisement and selection as well as appointment of Sri Ashok Sonkar who was arrayed as respondent No. 4 to the writ petition, to the post of Lecturer in Tridesh Vigyari. Department of Basic PrinciplesInstitute of Medical Sciences, Banaras Hindu University, Varanasi. The Division Bench of this Court, after hearing the learned counsel for the parties, declined to entertain the writ petition in view of the alternative remedy avai...
Dharmendra Pal Dwivedi Vs. District Inspector of Schools, Bulandshar a ...
Court: Allahabad
Decided on: Aug-03-2000
Reported in: 2000(4)AWC2767
M.C. Jain, J. 1. The petitioner has sought a mandamus declaring the resolutions dated 21.12.1992 and 11.5.1993 as null and void and that he continues to be the Principal of the college and is entitled to his salary.2. The case of the petitioner is that he was the Principal of Suraj Bhan Saraswati Vidhya Mandir, Inter College, Shikarpur, Bulandshahr, a recognised institution under the U. P. Intermediate Education Act. The college is being run by a registered society known as Shikarpur Shiksha Kalyan Samiti. The college was earlier a Junior High School which was upgraded as High School in the year 1989 and thereafter as Intermediate College. The petitioner was the Head Master of Junior High School and became the Head Master of High School when it was upgraded. On upgradation of the school as Intermediate College. he was promoted as Principal by resolution of Managing Committee and was confirmed on a monthly salary of Rs. 1,700. The Committee of Management by resolution letter dated 21.12...
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