Allahabad Court February 2001 Judgments
All India New Bank of India Employees Federation and Others Vs. Union ...
Court: Allahabad
Decided on: Feb-28-2001
Reported in: 2001LabIC4105; (2002)IILLJ253All; (2001)2UPLBEC1820
D. S. Sinha, J.1. Heard Sri RajKumar Jain, learned senior advocate, appearing for the petitioners. Sri K. L. Grover. learned senior advocate, representing the respondent No. 3. and Sri Shambhu Nath Srivastava, learned senior standing counsel of the Central Government, appearing for the respondent Nos. 1 and 2.2. At the out set. Sri Jain states that the relief Nos. 10 and (iii) are notpressed, and that the writ petition should be treated to be confined to relief Nos. (ii) and (iv) only.Thus, the surviving twin reliefs claimed by the petitioners are :A. for issuance of a writ of certiorari. order or direction in the nature of certiorari, quashing the notification dated 4th September-, 1993, a photo copy whereof is Annexure-1 to the petition, and ; B. for issuance of a writ of mandamus, order or direction in the nature of mandamus commanding the respondents to implement the agreements/ settlements filed as Annexures-3 to 23-A to the writ petition. 3. The impugned notification dated 4th Se...
Tag this Judgment!Smt. Ram Dulari Vs. Moradabad Development Authority and ors.
Court: Allahabad
Decided on: Feb-28-2001
Reported in: AIR2001All173
ORDER1. The petitioner, who is a destitute widow having lost her young son residing on rent in a dilapidated house, and who had applied for a house under a scheme floated by Moradabad Development Authority in 1993 and having paid in that regard a sum of Rs. 48,000 in all as evident from Annexure-2, has come up with a prayer to quash the Office Note/D.O. dated 2-4-1998 as contained in Annexure-3, and allotment order dated 2/4-4-1998 as contained in Annexure-4, allotting House No. 5,'Navin Nagar Aswaasiya Yojna pursuant to order dated 12-12-1996 passed by Respondent No, 1 and to command Respondent Nos. 1 & 2 to allot that house to her.2. She asserts as follows :-- As per the scheme as contained in Ahnexure-1 to the writ petition houses were to -be allotted to persons belonging to general category on first come first served basis for which one was required to deposit 25% towards cost of the house along with his application and further 25% at the time of handing over possession of the hous...
Tag this Judgment!Mahesh Rathi Vs. State of U.P.
Court: Allahabad
Decided on: Feb-28-2001
Reported in: 2001CriLJ2506
G.P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents not to arrest and detain the petitioner under the provisions of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) and to restrain the respondents from giving effect to the detention order passed against the petitioner.2. The authorities of Customs Department conducted search of premises bearing No. C.K. 13/48, Pashu Pateshwar, Varanasi on 4-9-1999 and found twelve bags of silk yarn of Chinese origin stored therein. On opening of the bag, a label was found which contained the writing - 'Blosoms, White Steam Filature China National Silk Import & Export Corp. Made in China.' The wife of the owner-landlord of the premises informed the authorities that the same had been let out to a tenant. Thereafter, the owner of the premises G. N. Mishra was summoned ...
Tag this Judgment!J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority, ...
Court: Allahabad
Decided on: Feb-27-2001
Reported in: 2001(2)AWC1170; (2001)2UPLBEC1140
O.P. Garg, J.1. The crucial question which arises for determination in the present writ petition is whether a revision application at the instance of State of U. P. against an order passed by the Collector of the district under the provisions of Chapter IV of the Indian Stamps Act (Act No. 2 of 1899) (hereinafter referred to as 'the Act') is maintainable before the Chief Controlling Revenue Authority exercising the powers under Section 56(1) of the Act. This moot point has cropped up in the following circumstances.2. The petitioner M/s. J.H.V. Sugar Corporation Ltd. having its registered office at Calcutta purchased a sugar mill from M/s. Oswal Foods Ltd. Sugar Division, Jamui Kalan through its director-Mukesh Jain. The sale deed was executed in favour of the petitioner on 24.3.1999. This sale deed covered the open land admeasuring 12617.12 Sq. metres of village Jamui Kalan and16303.0204 sq. metres of residential and constructed portion of village Gadaura. The valuation for the purpose...
Tag this Judgment!Micro Abrasives (India) Ltd. Vs. Dhanvir Singh and Another
Court: Allahabad
Decided on: Feb-27-2001
Reported in: [2001(89)FLR895]; (2001)1UPLBEC669
V.M. Sahai, J.1. The questions that arise for consideration in this petition are whether an appointment of a probationer contrary to model standing orders is invalid appointment, if so. its effect ; whether clause (bb) of Section 2(oo) of the Industrial Disputes Act, 1947. (Central Act) is applicable in State of Uttar Pradesh; whether a probationer can be terminated or discharged from the service without complying the provisions of the Section 6N of the U.P. Industrial Disputes Act, 1947 (U. P. Act): whether termination or discharge of a probationer after expiry of maximum probationary period amounts to retrenchement; whether the workman is entitled for reinstatement and back wages ?2. The petitioner appointed Dhanvir Singh the respondent No. 1 on 1.1.1987 as an Office Assistant on probatation for a period of six months. The appointment letter mentioned that if the work of the respondent is found satisfactory, he would be absorbed in the factory and if it is not found satisfactory, the...
Tag this Judgment!Tribhuwan NaraIn Singh Vs. Varanasi Development Authority and ors.
Court: Allahabad
Decided on: Feb-27-2001
Reported in: (2001)1UPLBEC859
Binod Kumar Roy and A.K. Yog, JJ.1. The petitioner has come up for grant of following reliefs :'(i) Issue writ order or direction in the nature of writ of mandamus directing the respondents Varanasi Development Authority to hand over the possession to the petitioner of Flat No. L-5/37, Shastri Nagar, Varanasi in pursuance of lease deed executed on 15.7.78 'And or in alternative Refund the money deposited by the petitioner with a arrears compound interest at the rate of 18% in every quarter of a year, the rate on which Varanasi Development Authority charges in respect of its higher purchase transaction.(ii) Issue a writ of certiorari to quash the document dated 23rd August, 1991 executed by the respondent Nos. 1 and 2 in favour of the Smt. Tara Singh w/o Shri Shitla Prasad.'2. The case of the petitioner in brief is as follows :-He entered on 18.8.1978 (copy appended as Annexure-1) an agreement with Respondent No. 1 for purchasing one Lower Income Group Flat constructed by the latter in ...
Tag this Judgment!Siddheshwar Shukla Vs. Vice-chancellor, Banaras Hindu University and o ...
Court: Allahabad
Decided on: Feb-27-2001
Reported in: (2001)1UPLBEC771
V.M. Sahai, J.1. In this petition filed by a candidate who appeared in Pre-Medical Test (in brief PMT) conducted by the Banaras Hindu University, from Nagpur centre, the short question that arises for consideration is whether there was any material on record from which the respondents could have concluded or even raise reasonable inference that the petitioner was guilty of breach of discipline or any other irregularity for which he could have been debarred from the PMT examination and deprived of the privileges of the university including withholding of his result of B. Pharma2. The petitioner, admittedly, had appeared in Pre-Medical Test/Pharmacy Admission Test (in brief PMT/PAT) conducted by Banaras Hindu University (in brief University) in 1999. He could not get admission in PMT but he was declared successful in PAT. He was admitted in B. Pharma course and declared successful in B. Pharma first semester held in December, 1999 and secured Grade point 7.78. The examination for second ...
Tag this Judgment!Committee of Management, Baheri Education Society and ors. Vs. Directo ...
Court: Allahabad
Decided on: Feb-27-2001
Reported in: (2001)2UPLBEC1107
V.M. Sahai, J.1. The question that arises for consideration in this petition is whether amendment in the Scheme of Administration under, Section 16-A (5) of the U.P. Intermediate Education Act, 1921 can be made only by the Director of Education or by the Regional Joint Director of Education as well And what should be the term of Committee of Management of an institution in absence of any period prescribed under the Act or Regulations framed under it ?2. Baheri Education Society. Baheri, District Bareilly is a society registered under the Society Registration Act, 1860 and it runs and manages an education institution known as Mahatma Gandhi Memorial Inter College, Baheri, District Bareilly (in brief institution). The institution has a Scheme of Administration approved on 7.8.1986 by the Deputy Director of Education, District Bareilly. In the Scheme of Administration is clause 9 it is provided that the term of committee of management would be three years. It further provided that the ter...
Tag this Judgment!Mohan Lal and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-27-2001
Reported in: 2001CriLJ2867; I(2001)DMC722
S.K. Agarwal, J.1. Heard learned Counsel for the applicants and learned AGA.2. 1 have perused the annexures filed along with the affidavit filed in support of the application as well as counter-affidavit and the judgment delivered by Civil Judge, Senior Division, Chitrakoot against the applicant Krishna Mohan in a suit filed by him seeking divorce under Section 13 of the Hindu Marriage Act from the daughter of respondent No 2.3. The allegations in the First Information Report are that the bride after the marriage is solemnised is not sent to the bridegroom's house according to custom prevalent in their society She is sent there after gauna ceremony is performed After some days of the marriage the informant has learnt through Mohan Lai and Diwanpal residents of Bhawanipur that her husband and father-in-law are demanding a sum of Rs. 50,000/- as price for performing the gauna ceremony On the failure of the informant to do so the applicants had declined to perform this second marriage cer...
Tag this Judgment!Yogesh Kumar Bhargava Vs. State of U.P.
Court: Allahabad
Decided on: Feb-27-2001
Reported in: 2001CriLJ2835
ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicant and learned AGA.2. This application has been filed with a prayer to quash the criminal proceeding under Section 3/7 of the Essential Commodities Act pending in the Court of 1st Additional Chief Judicial Magistrate, Budaun vide Case No. 2971 of 1999 -State of U.P. v. Yogesh Kumar and another on the ground that no case is made out against this applicant. It is also prayed that further proceeding may be stayed. It has also orally been prayed that if this Court is not convinced with the arguments of the learned counsel for the applicant then non-bailable warrant issued against the applicant may be quashed and he may be allowed to appear before the Court concerned.3. Taking up the first two prayers initially I am of the view that proceeding cannot be quashed at this stage. The questions raised before the Court rest on the decision of various facts. Disputed questions of fact cannot be gone into by this Court at this stage becau...
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