Allahabad Court September 2000 Judgments
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Mahesh Chandra Agrawal Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-29-2000
Reported in: 2001(1)AWC258
ORDERBhanwar Singh, J.1. Sri Mahesh Chandra Agrawal, who was posted as Junior Engineer in Irrigation Department, Gonda, has filed this petition under Article 226 of the Constitution of India praying for a writ in the nature of certiorari quashing the orders of his removal from service dated 27.2.1996 and for another writ of mandamus commanding the opposite parties to allow the petitioner to continue to work and discharge his duty. However, he prayed for modification of the second prayer and claimed retiral benefits following his having attained the age of superannuation.2. The petitioner alleged that in the year 1990, he was assigned the raising and levelling works of Rajghat Bandh for which he submitted his estimates for allotment of funds. He prepared an estimate amounting to Rs. 3.50 lacs and submitted to the higher authorities. The Department of Zila Gramya Vikas Adhikaran. Gonda allotted a sum of Rs. 3.74 lacs and a cheque dated 15.10.1990 for the said amount was remitted to oppos...
Smt. Satya Gupta and Others Vs. Om Prakash (Decd.) Through L.Rs. and O ...
Court: Allahabad
Decided on: Sep-29-2000
Reported in: 2001(1)AWC442
P. K. Jain, J.1. This is defendants' second appeal against the judgment and decree dated 27.2.1998 passed by the Additional District Judge, Ghaziabad whereby the judgment and decree dated 5.3.1990 passed by the Additional Civil Judge. Ghaziabad, dismissing the suit of the plaintiffs-respondents was reversed by the lower appellate court and the suit of the plaintiffs-respondent No. 1 (now represented by heirs and legal representatives, respondent Nos. 1/1 and 1/2) and respondent No. 2 was decreed by the lower appellate court. 2. Om Prakash and Salekh Chand filed Suit No. 699 of 1984 against appellant Smt. Satya Gupta and one Brijesh Kumar, respondent No. 3 in this appeal. Shiv Om Banshal and Mahendra Kumar Banshal appellant Nos. 2 and 3 were added as defendant Nos. 3 and 4. The plaint allegations were that house No. 104 (old number) with its new Nos. 175 and 176 described in the plaint belonged to one Paras Ram who had four sons, namely, Jagannath, Dina Nath, Anand Swaroop and Battu Mal...
Chandra Prakash Gupta Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-29-2000
Reported in: 2000(4)AWC3132; [2000(87)FLR818]
G.P. Mathur and Bhagwan Din,JJ.1. The appellant belongs to U. P. Palika Centralised Service and was working as Sanitary and Food Inspector in City Board, Hapur. district Ghaziabad, in the year 1992. He was placed under suspension by the State Government on May 11, 2000. The order recites that the appellant had been prima facie found to be guilty of having committed forgery in the records and illegal and un-authorised withdrawal of Rs. 17,49,000 in the name of 583 fictitious beneficiaries from Jawahar Rojgar Yojana funds. A disciplinary enquiry was ordered to be held against him and Additional Commissioner (Administration) Meerut was appointed as inquiry officer. This order was challenged by the appellant by filing a writ petition which was summarily dismissed by a learned single Judge on 4.8.2000. However, the learned single Judge directed that the disciplinary enquiry may be completed within six months. Feeling aggrieved by the said order, the appellant has preferred the present speci...
Smt. Tejendra Kaur Vs. Jogendra Singh
Court: Allahabad
Decided on: Sep-29-2000
Reported in: 2000(4)AWC3137
Sudhir Narain and Onkareshwar Bhatt, JJ.1. This appeal is directed against the judgment of the Family Court, Moradabad, whereby the suit under Section 13 of the Hindu Marriage Act filed by the plaintiff-respondent for divorce has been decreed.2. The allegation of the husband plaintiff was that he married the appellant on 8.12.1994. She lived with him for about two months, and thereafter she left the matrimonial house and went to live with her parents. He doubted that his wife had relationship with some other persons. She dtd not permit him to have the sexual relationship. She gave birth to a son in July, 1996, who was not bom out of their wedlock. The relations became strained but the relative of both the parties got compromise written on 2.12.1995 wherein it was agreed that the appellant will come and reside with him. The wife after the compromise came to reside with him but after some lime, she left and started living with her parents.3. The appellant contested the suit and she denie...
Commissioner, Sales Tax Vs. S.R. Paper Cores
Court: Allahabad
Decided on: Sep-29-2000
Reported in: [2001]123STC489(All)
R.K. Agrawal, J. 1. The Commissioner of Trade Tax, U.P., Luck-now, feeling aggrieved by the order dated April 8, 1991, passed by the Sales Tax Tribunal, Meerut Bench I, Meerut, in Appeal No. 728 of 1988 (1986-87) 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 registered dealer under the provisions of the U.P. Sales Tax Act. It had imported certain goods against form XXXI from Calcutta. The consignment was duly accompanied by the sale invoice but in the gate pass instead of the name of the assessee-opposite party, the name mentioned was S.K. Tubes. The Sales Tax Officer (A), Mohan Nagar, Sales Tax Check-post, Ghaziabad, informed the assessing authority that the goods were released against deposit of security for alleged violation of Section 28-A of the Act. Penalty proceedings under Section 15-A(1)(o) of the U.P. Sales Tax Act, 1948 were initiated and vide order dated November 27, ...
Saurabh Kumar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2000
Reported in: (2001)1UPLBEC31
A.K. Yog, J.1. Heard learned Counsels for the parties.Learned Counsel appearing for the Petitioner and the learned Standing Counsel Shir A. K. Mehrotra jointly perused the copy of the Petitioner relating to Mathematics II Paper of High School and stated that student Petitioner deserved to be awarded 18 marks in Mathematics II Paper and it such marks are awarded student/Petitioner deserved to be declared passed.2. Consistently this Court is noticing that the marks awarded in the Answer Books of the students clearly show negligence functioning of the Examiners. It is regrettable that the Board takes no action against such Examiners and this tendency is increasing year by year creating menace.3. In view of the above, 1 direct the U.P. High School and Intermediate Board, Allahabad to award 18 marks to the Petitioner in Mathematics II Paper of High School Examination and issue a fresh mark sheet indicating correct marks and also, accordingly, declare result of the Petitioner.4. Writ Petitio...
Heera Lal Agarwal and Another Vs. Iind Additional District Judge, Farr ...
Court: Allahabad
Decided on: Sep-28-2000
Reported in: 2000(4)AWC3121
R.H. Zaidi, J. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 25.11.1997 passed by the appellate authority allowing the appeal and setting aside the judgment and order dated 30.8.1996 passed by the prescribed authority in the proceeding under Section 21(1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), for short the Act.2. The dispute relates to shop Nos. 5/23, 5/24. Nehru Nagar, Farrukhabad (hereinafter referred to as shop in dispute). The petitioner is a tenant of the shop in dispute and used to carry on 'sarrafa' business in the said shop for last more than 40 years in the name and style of Firm Sundar Lal Ram Bharose and Company. The respondent Nos. 2 and 3 (hereinafter referred to ascontesting respondents) applied for release of the shop in dispute as ac...
Ganesh Chandra Vs. Union of India and Others
Court: Allahabad
Decided on: Sep-28-2000
Reported in: 2000(4)AWC3417
Shyamal Kumar Sen, C.J. andG.P. Mathur, J.1. The petitioner was granted a licence to set up a tea stall at the platform of Chauraha railway station. Central Railways on 26.10.1998 on a licence fee of Rs. 2,500 per annum. By the letter dated 25.1.2000, sent from the office of the Divisional Railway Manager (for short the DRM), Jhansi, the licence fee wasenhanced to Rs. 7,175, w.e.f. 1.4.1999, and the petitioner was directed to deposit balance of the enhanced licence fee and also the licence fee upto 30.9.2000. The present writ petition has been filed for quashing of the communication sent by the DRM regarding enhancement of the licence fee and also the demand made upto 30.9.2000.2. Sri O.P. Singh, learned counsel for the petitioner, hascontended that a small area of 8 ft. x 8 ft. in dimension was allotted to the petitioner on the platform of Chauraha railway station by the letter dated 15.9.1998 sent by the office of the DRM, Jhansi, and in the said letter, the licence fee was fixed at ...
Kanpur Jal Sansthan Vs. Dilawar Ali and Others
Court: Allahabad
Decided on: Sep-28-2000
Reported in: 2000(4)AWC3134; [2000(87)FLR815]
G. P. Mathur, J.1. This special appeal has been preferred against the order dated 2.12.1999 of a learned single Judge passed in Writ Petition No. 5497 of 1997, Dilawar Ali and 23 others v. State of U. P. and others.2. Sri Arun Tandon learned counsel for the appellant has contended that though the impugned order is an interim order but it has not only granted a relief which could be given only at the stage of final hearing but has also granted such relief which was not even claimed in the writ petition. Sri Fauzdar Rai learned counsel for the contending respondents has supported the orderand has submitted that on the facts and circumstances of the case the order is fully Justified.3. In order to appreciate the contentions raised at the bar, it is necessary to reproduce the impugned order which reads as under :'Heard learned counsel for the petitioner. None appears for the respondents. Since the petitioners are working since 1983 to 1985. therefore, the respondents are directed to consid...
Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others
Court: Allahabad
Decided on: Sep-28-2000
Reported in: 2000(4)AWC3270
G.P. Mathur, J.1. This special appeal has been preferred against the judgment and order dated 8.7.1985 of a learned single Judge in Testamentary Suit No. 1 of 1983 whereby the petition filed by Mrs. Ethel Walters for grant of Letters of Administration of by estate of Mrs. Maud Flora Datt (for short Maud Datt) was allowed.2. The property in dispute consists of house No. 7 N. K. Mukherjee Road and house No. 9 (old No. 14) N.K. Mukherjee Road. Allahabad, besides a fixed deposit of Rs. 10,000 and 1,200 in Saving Bank Account in Central Bank of India, Civil Lines Branch, Allahabad and some household goods. The houses originally belonged to Eugin Eustas Datt, son of Rai Sahab Jeewan Masih Datt (for short J.M. Datt). He had three brothers and one of them was Archibald Datt whose son is the appellant Ajit Datt, Eugin Eustas Datt (for short E.E. Datt) died issueless on 28.11.1959 leaving a Will in favour of his wife. Mrs. Maud Datt whereby hebequeathed his entire estate to her, a probate of the...
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