Allahabad Court January 2001 Judgments
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Vishnu Dutt Sharma Vs. Regional Joint Director of Education, Agra and ...
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC721; (2001)1UPLBEC693
ORDERV. M. Sahai, J.1. The questionsthat arise for consideration is whether an application for extension of time-bound stay order is necessary and whether it must be heard by the same Judge or it could be heard by another Judge who is ceased of the Jurisdiction as a result of rotation of Bench? 2. Sri Anil Bhushan, learned counsel for the petitioner has urged that once a time bound interim order is passed by the Court after application of mind, then unless the stay order is vacated by this Court, till then the interim order will continue to be operative and it cannot exhaust or automatically stand vacated on the expiry of the period or date mentioned in the interim order. 3. On the other hand, Sri Vinod Sinha the learned counsel for the respondent No. 3 has vehemently urged that while passing a time bound interim order, the Court has not concluded the hearing of the stay application and the learned Judge was in the process of hearing the matter and the stay application has to be decide...
Murlidhar Sigh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC781; (2001)1UPLBEC875
A. K. Yog, J.1. Heard Ms. Anu Jaiswal, learned counsel for the petitioner and the learned standing counsel for the respondents.2. Jagannath, Suresh, Smt. Naseem, Kundan Singh (who has died during pendency of writ petition) and Jag Narain (petitioner 1 to 5), claim to be appointed as class-IV employees. Arvind Kumar Singh, Chandra Shekhar Singh and Jawahar Pandey (petitioners 6, 7 and 8) claim to be appointed as Assistant Teachers (L.T. and C.T. Grade). Murlidhar is said to be appointed as head-master of 'Janta Inter College, Garhmukhteshwar, Ghaziabad', (called the college). These persons (petitioners) have filed these petitions under Article 226, Constitution of India and prayed for issuing a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.1.1997 (Annexure-7 to the writ petition) passed by the District Inspector of Schools, Ghaziabad/respondent No. 1 directing the Treasury Officer (Hapur-Ghaziabad) to return salary bills of all the persons of ...
Amrit Lal Vs. U.P. Public Services Tribunal, Lucknow and Another
Court: Allahabad
Decided on: Jan-08-2001
Reported in: 2001(1)AWC787; [2001(88)FLR908]; (2001)1UPLBEC585
ORDERD. S. Sinha, J.1. Heard Sri Mahendra Pal Singh, learned counsel appearing for the petitioner, and Sri V. N. Agarwal, learned standing counsel of the State of U. P., representing the respondents.2. Order and judgment of the U. P. Public Services Tribunal, Lucknow, dated 5th January, 1990, is under challenge in this petition under Article 226 of the Constitution of India. By the impugned order and judgment, the claim petition of the petitioner, an erstwhile class-IV employee of Tehsil Sirathu, district Allahabad, for setting aside the termination of his services, has been turned down. The Tribunal has found that the appointment of the petitioner was purely on stop-gap arrangement and his services were liable to be terminated in accordance with the terms and conditions of the appointment.3. Learned counsel appearing for the petitioner contends that the Tribunal failed to notice the provisions of Rule 9 of U. P. Regularisation of ad hoc Appointments (On posts outside the purview of th...
Om Prakash Vs. Assistant Labour Commissioner and ors.
Court: Allahabad
Decided on: Jan-08-2001
Reported in: [2002(95)FLR217]; (2003)ILLJ100All
R.H. Zaidi, J.1. By means of this petition filed under Article 226 of the Constitution of India, the petitioner challenges the validity of the impugned order dated May 31, 2000 whereby the petition filed by the petitioner against the notice March 3, 2000, issued by the respondent No. 1 under the Child Labour (Prohibition and Regulation) Act, 1986, for short, 'the Act,' was dismissed and to quash the notice dated March 3, 2000.2. In brief, the facts of the case are that it was on June 15, 1999 that the Inspector/Labour Enforcement Officer, Jaunpur inspected the Auto Repairs shop of the petitioner and thereafter reported that in violation of the provision of the Act, a child was engaged as a labourer on the said shop by the petitioner. On the basis of the said report, the respondent No. 1 issued a notice to the petitioner to show cause as to why in view of the law laid down by the Apex Court in M. C. Mehta 's case, an amount of Rs. 20,000/- be not recovered from him. On receipt of the no...
Dr. M.P. Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-05-2001
Reported in: 2001(1)AWC595
S. R. Singh and D. R. Choudhary, JJ.1. The petitioner, a teacher in K.K. Post Graduate College, Etawah (hereinafter referred to as the college) has filed this writ petition for issuance of a direction to the respondents to give effect to the seniority list dated 15.11.1996 and permit the petitioner to function as officiating Principal of the college and/or handover the charge of the office of the Principal of the college to the petitioner. The college is affiliated to Chatrapati Sahuji Maharaj University of Kanpur, in short the University. 2. It is not disputed that the permanent Principal Dr. Om Shankar Srivastava was suspended by the Management on 6.8.1997 and in the resulted vacancy, Dr. Vidya Kant Tiwari, respondent No. 4, was appointed as officiating Principal on 8.8.1997. The grievance of the petitioner is that although according to Statute 13.20 of the First Statutes of the Kanpur University, the management have had the discretion to appoint 'any teacher to officiate as Principa...
A.P. Singh (Dr.) Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-05-2001
Reported in: (2001)1UPLBEC638
S.R. Singh and D.R. Chaudhary, JJ.1. The petitioner, a teacher in K. K. Post Graduate College, Etawah (hereinafter referred to as the College) has filed this writ petition for issuance of a direction to the respondents to give effect to the seniority list dated 15.11.1996 and permit the petitioner to function as officiating Principal of the College and/or handover the charge of the office of the Principal of the College to the petitioner. The College is affiliated to Chatrapati Sahuji Maharaj University of Kanpur, in short the University.It is not disputed that the permanent Principal Dr. Om Shankar Srivastava was suspended by the Management on 6.8.1997 and in the resulted vacancy, Dr. Vidya Kant Tiwari, respondent No. 4, was appointed as officiating Principal on 8.8.1997. The grievance of the petitioner is that although according to Statute 13.20 of the First Statutes of the Kanpur University, the Management have had the discretion to appoint 'any teacher to officiate as Principal for...
New India Assurance Co. Ltd. Vs. Km. Vibha Devi and Others
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001ACJ1009; 2001(1)AWC598
Sudhir Narain and Bhagwan Din, JJ.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Kanpur Dehat dated 21.3.1993 in Claim Petition No. 114 of 1991, whereby a sum of Rs. 1,75,000has been awarded to the claimant-respondents. 2. The claim petition was filed by the claimant-respondents on 12.4.1990, with the allegations that their father Brij Bhushan who was going on a cycle with his eldest son Arun Kumar towards his village Pailawar, while reached near culvert near Rajpur Roadways Bus Stop, the truck No. UTW 9228 dashed, against him with the result he received severe injuries and later on succumbed to his injuries within half an hour of the accident leaving behind him one unmarried daughter and two minor sons, i.e., the claimant-respondents. Rajendra Singh was the driver and he was driving the truck rashly and negligently. The wife of the deceased (mother of the claimant-respondents) had already expired. The claimant-respondents were minors at the time of...
Naumi Ram Vs. Dy. Collector and Others
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001(1)AWC607
S. K. Sen, C.J.1. We have heard Sri S. S. P. Gupta, learned advocate for the writ petitioner and Sri C. S. Singh, learned standing counsel appearing for respondent Nos. 1 and 2.2. On the basis of some complaint received by Up-Ziladhikari (Sub-Divisional Officer) tehsil Sagari, district Azamgarh, supply of the writ petitioner, who claims to be a fair price shop dealer has been stopped by the Sub-Divisional Officer, respondent No. 1. The order has been issued by the said respondent to that effect on 13.11.2000. It does not appear that any inquiry is pending or any opportunity of hearing was given on the allegation made in the said complaint.3. We are of the view that it is obligatory on the respondent authorities to follow the procedure prescribed by the law and there is no power conferred on the authority to stop the supply on the basis of mere allegation or complaint and to take such action without affording an opportunity to the writ petitioner. In the circumstances, the impugned orde...
Committee of Management, Adarsh Vidyalaya Samiti Bulandshahr Vs. Presc ...
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001(1)AWC687a; (2001)1UPLBEC854
V. M. Sahai, J.1. The petitioner's committee of management was elected on 3.2.2000. The District Basic Education Officer on 28.2.2000 recognised the election and attested the signature of the Manager. On 8.3.2000 renewal of the society was granted in favour of the petitioner. The election of the respondent No. 4 was held on 5.3.2000 and the respondent No. 4 made a complaint before the Deputy Registrar, Firms, Societies and Chits, the respondent No. 2. The respondent No. 2 made a reference to the Prescribed Authority under Section 25(1) of the Societies Registration Act 1860 (in brief the Act). The Prescribed Authority on 18.12.2000 has held that elections of the petitioner and respondent No. 4 were illegal and were contrary to the bye-laws of the society, therefore, he directed for holding fresh election. It is this order which has been challenged in this petition.2. Sri Vinod Sinha, the learned counsel for the petitioner has vehemently urged that the Prescribed Authority while exercis...
SamaydIn Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001CriLJ2064
ORDERS.K. Agarwal, J.1. Heard learned Counsel for the applicant and learned A.G.A., Sri Anoop Ghosh and have perused both the orders also.2. The order of the learned Judicial Magistrate granting maintenance of Rs. 500/-to the respondent from the date of the application has been modified by the learned IX Additional Sessions Judge, Bulandshahr, only to the extent of reducing the amount from Rs. 500/- to Rs. 400/-.3. On examination of both the judgments, I do not find any serious infirmity in them nor any such infirmity was pointed out on behalf of the applicant. It is only urged that maintenance amount should be fixed from the date of the order as the law normally requires. If the Court intends to grant maintenance from the date of application Court must record its reasons for doing so. The contention has some force. Sub-section (2) of Section 125, Cr. P.C. spells as under :(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the applicatio...
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