Allahabad Court September 2000 Judgments
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Sri Swami Nath Yadav and ors. Vs. Contemners
Court: Allahabad
Decided on: Sep-28-2000
Reported in: 2001CriLJ639
1. This common Judgment disposes of Criminal Contempt Case Nos. 16 of 1999 & 19 of 1999 which were initiated by us vide our order dated 24-3-1999, which reads thus :-Sri S.S. Nimesh. I/C District Judge, Azamgarh sent letter dated March 15, 1999 to the Registrar of this Court which reads thus :-It is to be brought to the knowledge of the Hon'ble Court that today at 11.30 A.M. when I was on the dais and delivered judgment in Sessions Trial No. 377 of 1986 State v. Basudeo and others under Sections 302/34 and 323/34 I.P.C. of Police Station Ataraulia District Azamgarh Sri Swami Nath Yadav advocate along with his Juniors Sri Shivdutta Yadav, Prabodh Yadava, Rajkumar Yadava & Sorakh entered the Court-room and became hot-tempered. After delivery of Judgment, I went in my Chamber. Swami Nath Advocate and his juniors followed me in my Chamber and when my Reader Sri Bechu Ram requested them not to enter the Chamber in violent manner and to get pacified, Sri swami Nath and his juniors forcibly d...
Sudhir Kumar Vs. State of U. P. and Others
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2001(1)AWC30; (2001)1UPLBEC237
Sudhir Narain, J.1. This appeal is directed against the order of the trial court dated 4.5.2000 rejecting the application of the appellant seeking injunction restraining the defendant-respondents from interfering in realising toll tax in respect of sand and moram at the Markundi and Tilgurva barriers, district Sonbhadra.2. The controversy between the parties arises on these facts. The Zila Panchayat, Sonbhadra, decided to auction the right to realise toll tax for the barriers Markundi and Tilgurva, district Sonbhadra to the bidders by asking them to participate in the auction. It published the auction notice in its office on 19.2.1999 and also advertised in the newspaper on 17.2.1999. On 4.3.1999 auction took place. Sudhir Kumar Misra, the appellant, made the highest bid for sand and moram for Rs. 5,70,000 for the year 1999-2000. An agreement was executed in respect of the right to realise toll tax on 2.4.1999. In para 2 of the agreement, it was incorporated that for the first year, i....
Anwari Begum Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3113; (2000)3UPLBEC2673
G.P. Mathur, J.1. The challenge in this writ petition is to an order of the State Government dated 3.4.2000 passed under Section 48 (2A) of U. P. Municipalities Act, removing the petitioner from the office of President of Municipal Board, Bharatganj, district Allahabad. 2. The petitioner was elected as President of Municipal Board, Bharatganj. A motion of no-confidence was brought against her on which the District Magistrate by his order dated 29.10.1999 fixed 15.11.1999 as the date for consideration of the motion but the same was defeated. The State Government also initiated steps to remove the petitioner from the office of President and accordingly, served a notice upon her on 13.7.1999 requiring her to show cause why she should not be removed from the said office under Section 48 (2A) of the U. P. Municipalities Act. The petitioner gave a reply to the notice on 16.8.1999. Thereafter, the State Government passed the impugned order on 3.4.2000 removing the petitioner from the office o...
Dr. M.P. Joshi and Others Vs. University of Kumaon, Nainital and Other ...
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3140; (2000)3UPLBEC2459
S. R. Singh, J.1. Petitioners who are Professors in different departments of University of Kumaon. Nainital, have approached this Court under Article 226 of the Constitution for the relief of a writ of certiorari quashing the Government Order dated 4.4.2000 and the consequential order dated 2.9.2000 (Annexures-8 and 9 respectively), impugned Government Order dated 4.4.2000, though addressed to Finance Officer, Lucknow University, Lucknow, in response to his letter dated 28.2.2000 encapsulates there is the two fold decision of the Government therein : firstly, that personal promotion as visualised in the earlier Government Order dated 27.9.1994 will be effective from the date of taking over the charge and not earlier ; secondly, as to cancellation of paragraph 5 of the earlier Government Order dated 27.9.1994. So far as the order contained in the letter dated 2.9.2000 (Annexure-9 to the petition) is concerned, the same is in fact a notice to the petitioner T. C. Pant, calling upon him t...
Dr. Prabhu NaraIn Saxena Vs. Vice-chancellor, Dr. Bheem Rao Ambedkar U ...
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3187; (2001)1UPLBEC86
Sudhir Narain, J. 1. The petitioner seeks writ of certiorari quashing the order dated 9.8.2000 passed by the Vice-Chancellor appointing Dr. Sunil Jain, respondent No. 4, as Professor in Zoology Department of Dr. Bheem Rao Ambedkar University. Agra (hereinafter referred to as the University) and further a writ of mandamus restraining the respondents from interfering with his functioning as Head of the Zoology Department.2. The claim of the petitioner is based on the fact that he was appointed as Reader in the University on 21.9.1987. He was confirmed on the said post on 29.10.1988. One Dr. S. P. Jain challenged the selection of the petitioner by making representation to the Chancellor. His representation was allowed by the Chancellor on 28.11.1988 holding that the selection of the petitioner was not in accordance with law. Thepetitioner filed Writ Petition No. 23263 of 1988 challenging the said order. This Court granted interim stay order against the order of the Chancellor and he conti...
Rakesh Agarwal Vs. Chairman, L.i.C. of India and Others
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3145; [2000(87)FLR717]
Sudhir Narain and Krishna Kumar, JJ.1. The basic question involved in this writ petition is as to whether the discharge of thepetitioner from service as probationer based on enquiry report was foundation of termination of his service or it was a simple enquiry to assess the performance of the petitioner.2. The factual matrix of the case is that the petitioner was appointed as Probationary Development Officer in Life Insurance Corporation of India w.e.f. 9.3.93 vide appointment dated 17.3.93. As per clause 10 of the appointment order, the petitioner was required to secure through the agents recruited at his instance, minimum completed life business of Rs. 80 lacs yielding a first year's schedule premium income of not less than 2 lacs. It was further provided that the minimum business set out above shall be spread over not less than 250 lives. The third requirement as per the appointment order was that at least 15 of the agents appointed on his recommendations during the period of probat...
U. P. State Sugar Corporation Ltd. and Others Vs. Raza Buland Sugar Co ...
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3403
Sudhir Narain, J.1. These two cross-appeals have been filed against the judgment and decree passed by the trial court dated 18.8.1988 partly decreeing the suit in respect of certain properties involved in the suit and dismissed the suit in relation to other properties.2. The defendants, U. P. State Sugar Corporation Limited, has filed First Appeal No. 265 of 1989 against the part of the decree whereby the suit has been decreed and First Appeal No. 949 of 1988 has been filed by the plaintiff-appellant against part of the decree whereby the plaintiff's suit has been dismissed.3. The factual backdrop of the case is that prior to 1946, there weretwo independent companies, viz., Raza Sugar Company and Buland Sugar Company. M/s. Govan were its Managing Agents. In the year 1946, the Dalmias purchased it from M/s. Oovan Brothers. The Dalmias got both the companies amalgamated in the year 1957 and it formed one company in the name and style of 'Raza Buland Sugar Company Limited'. In the year 19...
Smt. Mudi Vs. State Election Commission and Others
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000(4)AWC3374; (2000)3UPLBEC2544
G.P. Mathur, J.1. The petitioner contested election for the office of Pradhan of village Bhura, Tehsil Kairana, district Muzaffamagar which was held on June 23, 2000. In the said election 4.902 votes were cast out of which 308 votes were rejected as invalid. The petitioner secured 1,597 votes while Rishlpal, respondent No. 4 secured 1,752 votes and was accordingly declared to have been elected as pradhan. The present writ petition under Article 226 of the Constitution has been filed praying for several reliefs' including a writ of quo warranto asking respondent No. 4 to show his authority to hold the office of pradhan, a writ of mandamus for restraining respondent No. 4 from functioning as pradhan of the village, a writ of mandamus commanding State Election Commission and District Returning Officer to hold fresh election to the office of pradhan of village Bhura in accordance with the revised electoral rolls after deleting names of those who were wrongly included in the electoral roll ...
KalidIn Singh and ors. Vs. the State
Court: Allahabad
Decided on: Sep-27-2000
Reported in: 2000CriLJ655
S.K. Agarwal, J.1. This appeal has been filed by Kalidin Singh, Ram Kishore Singh and Ram Autar Singh against their conviction under Sections 302/34, I.P.C. 307/34, I.P.C. and 379, I.P.C. They have been sentenced to life imprisonment under the first count, 7 years' R. I. under the second count and 2 years' R.I. under the third count. All the sentences are to run concurrently.Appellant Ram Autar Singh and Ram Kishore Singh are brothers. Ram Autar Singh was armed with a licensed gun, Ram Kishore Singh was armed with a country made pistol and Kalidin Singh was having a licensed gun belonging to his brother Ram Saran. In the incident Ram Swaroop Singh has lost his life as a result of shots fired by Kalidin and Ram Autar on 22-10-1979 at 1.00 P.M. in village Maduri. The occurrence had taken place in a Mela, which was held near Panchayatghar. The written report about the incident was lodged at P.S. Sajeti by Maharaj Singh, father of deceased Ram Swaroop.2. A case was registered on the basis ...
Advocates' Association, High Court, Allahabad and another Vs. State of ...
Court: Allahabad
Decided on: Sep-26-2000
Reported in: 2000(4)AWC3166; 2001CriLJ671
Shyamal Kumar Sen, C.J.1. This is a public interest petition which relates to the Incident which took place on September 15, 2000, when some lawyers went to the Court of District Magistrate, Etawah to request him not to dismiss the cases in default as the lawyers of the Etawah have passed resolution that they will not attend the Court by way of sympathy due to brutal killing of three lawyers of the same family practising in the District Court, Etawah. The contention of the petitioners is that respondent No. 7, P. K. Pandey, Additional District Magistrate, Etawah, came out from his chamber and used abusive language and threatened the lawyers to see them on the next day, i.e., September 15, 2000. On September 15, 2000, the lawyers were holding a peaceful meeting and when they came out from the meeting place, i.e., civil court compound, brickbats were thrown over them by the employees of the Collectorate and some other persons and respondent No. 7 passed an order directing the police to t...
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