Allahabad Court September 2000 Judgments
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Sitapur Eye Hospital, Faizabad and Another Vs. Industrial Tribunal (ii ...
Court: Allahabad
Decided on: Sep-25-2000
Reported in: 2001(1)AWC156; [2001(89)FLR118]; (2001)IILLJ125All
Bhanwar Singh, J.1. This petition has been filed for a writ of certiorari to quash the award dated 11.6.1987 (hereinafter referred to as the award) passed by the Industrial Tribunal (II) U. P., Lucknow.2. The petitioner's case is that Sitapur Eye Hospital, Faizabad, is a charitable eye hospital, which is a branch of the Base Hospital at Sitapur. It is run by a society known as Faizabad District Eye Relief Society, Faizabad. The opposite party No. 2 Mohammad Salim Ansari was a ward-boy working in a temporary capacity in the petitioners' hospital. He was appointed with effect from 1.4.1983. However, his services were terminated vide order dated 21.1.1984by the Medical Officer Incharge Eye Hospital, Faizabad and in lieu of one month's notice, he was paid one month's salary. Mr. Ansari raised an industrial dispute, which was referred to the Tribunal. The petitioners and Mr. Mohammad Salim Ansari filed their written statements. As Mr. Ansari did not complete his service for one year, provis...
Surendra Kumar Khanna Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-25-2000
Reported in: 2001(1)AWC143; (2001)3UPLBEC2046
Bhanwar Singh, J.1. Sri Surendra Kumar Khanna has filed this writ petition under Article 226 of the Constitution of India, praying for a writ of mandamus commanding the opposite parties to count the services rendered by him in the Agra University and fix his pension accordingly and further to pay the amount of leave encashment along with interest at the rate of Rs. 18% per annum. He has also prayed for a writ in the nature of certiorari, thereby quashing paragraph 3 of the Government Order dated 26.12.1995 (Annexure-7) with a direction to the opposite parties to grant the benefit of commutation of pension as admissible to other employees of the Sports College. 2. As pleaded in the petition, the petitioner was appointed as Sports Teacher (Athletic) vide order dated 20.6.1975 in the U. P Sports College (hereinafter referred to as 'the College'), Lucknow. Prior to his joining in the College, he was working as Athletic Coach in the Agra University since 6.4.1971. He relinquished his servic...
Rajesh Talkies Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-22-2000
Reported in: 2001(1)AWC375a
R. K. Agrawal, J.1. The petitioner Rajesh Talkies, Kasba Sonbarsa, district Gorakhpur through its proprietor Shri Ram Shanker Prasad has filed the present petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the order dated 1st September, 1989 passed by the Special Secretary, Government of U.P., Lucknow, respondent No. 1 filed as Annexure-8 to the writ petition. The petitioner further seeks a writ of mandamus directing the respondents to accept its application for the grant of licence and further to grant permanent licence to the petitioner as are the requirement of the Rules without seeking compliance of the order dated September 1. 1989. The petitioner also seeks a writ of certiorari quashing the 20th Amendment made in the U. P. Cinematograph Rules, 1951 [hereinafter referred to as the Rules), as also a writ of mandamus directing the respondent to allow the petitioner the benefits under the Government Notification dated 21st July, 1986,2. The ...
Mahesh Dutta Misra Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-22-2000
Reported in: 2000(4)AWC3169; (2001)1UPLBEC91
G.P. Mathur, J.1. This special appeal is directed against the Judgment and order dated 11.8.1998 of a learned single Judge by which the writ petition filed by the appellant challenging the order dated 4.3.1989 compulsorily retiring him from service was dismissed.2. The appellant Joined as clerk in Collectorate, Jalaun, in 1954. By the order dated 26.6.1984, he was placed in higher pay scale of Rs. 430-685 and by the order dated 11.7.1987, he was placed substantively in the aforesaid grade. On 4.3.1989, the District Magistrate exercising powersunder Fundamental Rule 56 (c) passed an order compulsorily retiring the appellant from service in public interest. This order was challenged by the appellant by filing the writ petition giving rise to the present appeal. In the counter-affidavit filed in the writ petition, it was stated that the screening committee considered the case of the appellant and as there were 7 adverse entries in his character-roll, a decision was taken to retire him in ...
Chhote Lal Misra Vs. General Manager, U.P. Financial Corporation. Kanp ...
Court: Allahabad
Decided on: Sep-22-2000
Reported in: 2000(4)AWC3102
Bhagwan Din, J.1. The petitioner set up an industry in the name and style of 'M/s. Pushp EngineeringWorks' in the Industrial Estate, Etah which was registered under the Industries Act. At the request of the petitioner, the U. P. Financial Corporation (hereinafter referred to as the 'Corporation') sanctioned a loan of Rs. 4,97,000 on 12.1.1989. The terms and conditions of the loan and the manner of repayment of the loan are contained in the agreement and hypothecation deed executed by the petitioner. Later on the proposal of the loan was cancelled to the extent of Rs. 81,000 for want of adequate security and requisite papers, namely, registration certificate and Chartered Accountant's certificate, etc. Thus, an amount of Rs. 4,16,000 only was disbursed to the petitioner. The petitioner did not make any payment as stipulated in the agreement and hypothecation deed whereupon the Corporation took steps on 1.2.1993 to take over the unit under Section 29 of the State Financial Corporations A...
Sarang theatre and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-22-2000
Reported in: 2000(4)AWC3192a
R.K. Agrawal, J. 1. Thepetitioners. Sarang Theatre. Vishal Cinema and Bharat Talkies situate at Baraut in the district of Meerut, have filed this petition under Article 226 of the Constitution of India, seeking the following reliefs :'to issue a writ of certiorari quashing the notice dated1.3.1980/26.3,1980 (Annexure-3A to the writ petition) and Notification dated 1.12.1981/ 6,2.1982 (Annexure-3B to the writ petition) as well as notice dated 27.5.1982 (Annexure-7 to the writ petition) ; to issue a writ, order or direction in the nature of mandamus directing the opposite parties not to realise the impugned show tax during the pendency of the present writ petition ; to issue a writ, order or direction in the nature of ceritorari quashing the citation for recovery dated 28.7.1995 (Annexure-III to the affidavit) passed by Tehsildar. Baraut, district Meerut ; to issue a writ, order or direction in the nature of mandamus directing the respondents and Tehsildar, Baraut, district Meerut not to...
In the Matter of Goods of Late Raj Kumar Seth, Naveen Chand Seth
Court: Allahabad
Decided on: Sep-20-2000
Reported in: 2000(4)AWC3196
M.C. Jain, J.1. A-3/1-2, A-5. A-8 and A-9. The background concerning the dispute may be related for proper appreciation. The present testamentary case has been filed by one Naveen Chand Seth for the grant of letters of administration in respect of the estate of Smt. Raj Kumari Seth, comprising of her half share in Nazu1 land plot No. 34. George Town. Allahabad. She was the mother of the petitioner and died on February 11. 1999. Smt. Poonam Kakkar and Praveen Chand Seth have been shown as other next of kin of the deceased. Smt. Poonam Kakkar is her daughter whereas Praveen Chand is her another son-brother of the petitioner Naveen Chand Seth. It is an admitted fact that lease deed in respect of the plot in question had been executed on October 23. 1914, to be retrospectively effective from the year 1910 for a period of 90 years subject to renewal after every thirty years. The original lessee was Rai Keshari Naratn Chaddha-predecessor of the parties. He left behind him his son Triyugi Nar...
Nawab Dulha Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-20-2000
Reported in: 2001CriLJ390
P.K. Jain, J.1. By means of the present writ petition, the petitioner has challenged the detention order dated 25-4-2000 as contained in Annexures-1 and 2 to the writ petition, said to have been served upon the petitioner on 30-4-2000. The impugned order against him was passed by respondent No. 3, the District Magistrate, Udham Singh Nagar under Section 3(2) of the National Security Act, 1980. He has also challenged his continued detention under the said order and has prayed to set at liberty forthwith by issuing a writ, order or direction in the nature of Habeas Corpus.2. Originally, the petitioner had impleaded five respondents including Superintendent of Police, Udham Singh Nagar. However, on oral prayer of petitioner, respondent no 4 was permitted to be deleted and respondent No. 5 Jail Superintendent, District Jail Rampur was renumbered as respondent No. 4, Counter-affidavits have been filed by four respondents. The petitioner's counsel expressed his desire not to file any Rejoind...
Bhola Yadav and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-20-2000
Reported in: 2001CriLJ377
1. Bhola Yadav and Shyam Lal Yadav, both sons of Ram Deen Yadav have preferred this appeal against the judgment and order dated 15-11-80 passed by the then Sessions Judge, Azamgarh, Appellant Bhola Yadav has been convicted and sentenced to life imprisonment under Section 302, I.P.C. and to undergo six months R.I. for the offence punishable under Section 323 read with Section 34, I.P.C. Shyam Lal Yadav, appellant has been convicted and sentenced to imprisonment for life under Section 302 read with Section 34, I.P.C. and six months R.I. Under Section 323, I.P.C. Sentences of both the appellants have been ordered to run concurrently. Accused Ram Prasad, Ram Naresh (Naresh), Harish Chandra and Sanwaroo who were also tried along with above appellants were given benefit of doubt and acquitted by the trial Judge.2. The appeal arises out of an incident wherein two persons namely Parasnath Singh and Chandrabhan Singh, both sons of Sri Jagdish Singh, were murdered.3. Ram Deen Yadav had three son...
Jagdish Prasad Kasana Alias Jaggi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-20-2000
Reported in: 2001CriLJ372
U.S. Tripathi, J.1. By means of above writ petitions, the petitioners have questioned the legality of the order dated 17-12-1999 passed by District Magistrate, Meerut under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), under which the petitioners have been detained.2. Common question of facts and law are involved in the above writ petitions and therefore, all the three writ petitions are taken up together for disposal and for which the learned counsel for the parties have no objection.3. Along with the impugned order of detention, the petitioners were also served the grounds on the basis of which the detaining authority formed his satisfaction for detaining the petitioners under the Act. There are eight grounds, which show that the petitioners were involved in criminal activities. It appears that on 11-7-1999 Arun Kumar Jain called Swatantra Rastogi from his house 10, Shivaji Road, P.S. Civil Lines, Meerut and was taking him to his factory. 'Elec...
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