Allahabad Court March 2001 Judgments
Sushil Kumar Dubey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-31-2001
Reported in: 2001(2)AWC1372; (2001)2UPLBEC1418
O.P. Garg, J. 1. The case of the petitioner-Sushll Kumar Dubey, who is Sub-Inspector of Police and was. at the relevant time, posted in district Agra was recommended for out of turn promotion pursuant to the Government Order No. 665 (1) PU-1-24/94, dated 3.2.1994 for having displayed exemplary courage and bravery risking his own life in the course of an encounter with a dreaded and notorious criminal, namely, Alya alias Ali Mohd. alias Pappu Pahalwan. The Incident had taken place in the following circumstances : On 19.1.1997, a prominent businessman-brick kiln owner and leader of Kisan Kamgar Party--Chaudhary Nepal Singh was kidnapped with his Maruti car by certain unknown miscreants. The incident gave rise to Crime No. 33 of 1997 under Section 364, I.P.C. registered at P. S. Kotwali. Bulandshahr city. On getting a tip from an informer, the Senior Superintendent of Police. Bulandshahr organised a raid on 25.2.1997 and positioned four separate police parties comprising in all 31 police ...
Tag this Judgment!Santosh Kumar Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-31-2001
Reported in: (2001)3UPLBEC2052
S.R. Singh, J.1. Challenge in this bunch of writ petitions centres on the validity of the result of physical test held at various centres for recruitment to the post of Sub-Inspectors in U.P. Civil Police. Concededly, the process of selection for the post of Sub-Inspector of Civil Police comprises several stages such as preliminary written examination, physical efficiency test of candidates successful in the preliminary examination, main written examination, interview and medical fitness. The preliminary written examination was notified to be held on 16.2.2000. On the basis of the result of the preliminary written examination the petitioners herein were short-listed to appear in the physical efficiency test. The physical efficiency test, it brooks no dispute, was conducted at various centres. The candidates in the physical test were subjected to the grind of cricket ball throw, long jump, chinnig up, three miles run and push ups. The aforesaid tests were qualified with a proviso that i...
Tag this Judgment!Chandi Prasad and Others Vs. Addl. District and Sessions Judge, Hapur ...
Court: Allahabad
Decided on: Mar-30-2001
Reported in: 2001(2)AWC1313
Sudhir Narain, J.1. This writ petition is directed against the order dated 22.11.2000 whereby the appellate court held that the execution application filed by the contesting respondents was within time.2. Briefly stated the facts are that the petitioners filed Suit No, 260 of 1959 for partition against defendant-respondents No. 2 to 8. The Court passed a preliminary decree on 25.4.1962. The final decree was prepared on 7.5.1968.3. The defendant-respondents applied for execution of the final decree on 6.8.1968, which was registered as Execution Case No. 279 of 1968. The plaintiff-petitioners filed Civil Appeal No. 502 of 1968 against the judgment of the trial court. The appeal was dismissed on 21.3.1969. The petitioners preferred Second Appeal against this order. The High Court allowed the appeal and remanded the case to the appellate court to decide the appeal afresh. The lower appellate court, after remand of the matter, again dismissed the appeal on 4.1.1974. During the pendency of t...
Tag this Judgment!Arvind Kumar Rai and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-30-2001
Reported in: 2001(2)AWC1324; [2001(90)FLR111]; (2001)2UPLBEC1448
Sudhir Narain, J.1. Petitioner Nos. 1 to 9 are seeking regularization of their services on the posts of Junior Engineers (Civil) while petitioner No. 10 is seeking regularization of his services on the post of Junior Engineer (Mechanical). Besides this the petitioners are seeking the quashing of the selection proceedings undertaken by the U. P. Public Service Commission, Allahabad for these posts.2. The petitioners allege that they are working as Junior Engineers in the Irrigation Department of the State of U. P. on daily wages under the respondent at least for the last about ten years. The details as regards the dates since when they started working are given below :NameDates of starting workDepartments1.Arvind Kumar Rai18.3.1989Flood Works Division.Allahabad2.Avdhesh Narain1.3.1990-do-3.Mahanarain Kushwaha1.1.1991Bagla Canal Division, Allahabad4.Vijai Kumar Arora1.1.1984Irrigation Division. Rudrapur5.Jagat Singh Vishi16.8.1986Kosi Nlrman Khand-2,Ramnagar6.Anil Kumar Singh1.11.1987Mus...
Tag this Judgment!Ravi Saran Prasad Alias Kishore Vs. Smt. Rashmi Singh
Court: Allahabad
Decided on: Mar-30-2001
Reported in: AIR2001All227
Binod Kumar Roy and U. S. Tripathi, JJ.1. In this appeal under Section 19(1) of the Family Courts Act, 1984. the husband assails validity of an order dated 5th March. 2001 passed by Sri R. B. Pandey. Judge, Family Court, Agra in Suit No. 446 of 1998 allowing the application dated 3rd May. 1999 filed by the Respondent-wife under Sections 24/26 of the Hindu Marriage Act. 1955 commanding the appellant to pay a sum of Rs. 1,200 (Rs. 800 per month for her and Rs. 400 per month for their son) for maintenance with effect from the date of her application, besides a lump sum of Rs. 1.500 towards litigation expenses.2. The office has raised an objection that in view of Section 19(5) of the Family Courts Act. this appeal is not maintainable.3. Sri Anupam Kulshrestha,learned counsel for the appellant,contests the objectionaforementioned by submitting thattrue it is that the impugned order waspassed under Section 24 of the HinduMarriage Act but in view of theDivision Bench decision of theMadhya Pra...
Tag this Judgment!Dr. M.C. Yadav Vs. Director of Education (Higher Education) Allahabad ...
Court: Allahabad
Decided on: Mar-30-2001
Reported in: 2001(2)AWC1383; (2001)2UPLBEC1435
S.R. Singh, J. 1. Present petition has been instituted canvassing the validity of the order dated 25.8.1999 by means of which the Director of Higher Education has recalled his earlier order dated 17.8.1999 whereby the petitioner had been assigned to Narain P. G. College. Shikohabad as Principal of the said college. 2. Petitioner and one Dr. S. S. Yadav were amongst the candidates empanelled for appointment to various posts of Principal covered by advertisement No. 21 of 1995 publicised by the U. P. Higher Education Service Commission. Allahabad. Dr. S. S. Yadav glowed higher in the merit-list and excelled to the petitioner who figured at serial No. 5 of the merit-list of the O. B. C. candidates and because of his higher position in the merit-list. Dr. S. S. Yadav was assigned to Narain (P. G.) College, Shikohabad by the Director of Higher Education which college had been marked out as his first choice by the petitioner as welt. Thepetitioner was assigned to P. B. (P. G.) College at Pra...
Tag this Judgment!Dheerendra Kumar Alias Bhangoo and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-30-2001
Reported in: 2001CriLJ2888
ORDERBinod Kumar Roy, J.1. Through this application, the applicants, who were petitioners of Criminal Misc. Writ Petition No. 1530 of 2000, pray to recall the order dated 29th September, 2000 passed by one of us (Lakshmi Bihari, J.) and P. K. Jain, J. dismissing the writ petition as having become infructuous. They allege, inter alia, that no information was given to their counsel about the listing of the case in the computer list dated 29-9-2000 nor had even the complainant or his counsel even informed him that the case would be taken up on that date; that the matter being still investigated by the C.B.C.I.D. Sectionor, Varanasi, which till date has not submitted any charge-sheet and therefore, the Court had wrongly dismissed the writ petition as having become infructuous.2. Criminal Misc. Writ Petition No. 1530 of 2000 was filed by the applicants for quashing that decision of the State Government by which it had decided to get the investigation done by the local police in place of C.B...
Tag this Judgment!Asma Parveen Vs. Aligarh Muslim University and Others
Court: Allahabad
Decided on: Mar-29-2001
Reported in: 2001LabIC3121; (2001)2UPLBEC1210
Sudhir Narain, J.1. The petitioner has challenged the order of the Vfce-Chancellor dated 26.5.2000 dismissing the petitioner from service.2. The petitioner was appointed to the post of Lecturer in Psychology in the Women's College on 13.4.1998. A serious allegation was made against her that while she was working as Lecturer in Psychology, Women's College, Aligarh Muslim University, Aligarh (hereinafter referred to as A.M.U.) and residing in a quarter in the premises of Abdullah Hall, she on 15th May, 2000 hadillegally confined in her residence a girl student of B.A. (Honours) IIIrd year course with the active connivance of a Ph.D. student in the Department of Psychology. A.M.U., Sheikh Abdul Barkat Masood Ahmad. The said girl was preparing for her 'examination which was in progress. She had offered Psychology as one of her subjects. Her allegation was that she used to take help of the petitioner. The petitioner on 15th May. 2000 at 12 noon asked her to come to her room, as she wanted t...
Tag this Judgment!Kamlakar Tripathi Vs. Vice-chancellor, Banaras Hindu University and Ot ...
Court: Allahabad
Decided on: Mar-28-2001
Reported in: 2001(2)AWC1227; (2001)2UPLBEC1259
V. M. Sahai, J1. This is an application under Article 215 of the Constitution filed by the petitioner for initiating contempt proceedings against Sri Y. C. Simhadri. Vice Chancellor, Banaras Hindu University, Sri V. V. Menon, Controller of Examinations, Banaras Hindu University and Sri P. C. Upadhyaya, Registrar, Banaras Hindu University for wilful disobedience of the order dated 21.3.2001 passed by this Court in Civil Misc. Writ Petition No. 47177 of 1999. It is prayed that the aforesaid respondents be punished for contempt of court.2. Notice on contempt application was served on Sri V. K. Upadhyaya learned counsel appearing for respondents on 26.3.2001. This application came up before this Court on 27.3.2001 and it was directed to be put up along with the records.3. Petitioner appeared in LL.B. IInd year examination in 1997. After examination of LL.B. IInd year, the petitioner was expelled by order dated 5.2.1997 passed by Vice Chancellor of the university. The expulsion was for a pe...
Tag this Judgment!West U.P. Sugar Mills Association and Others Vs. Union of India and Ot ...
Court: Allahabad
Decided on: Mar-28-2001
Reported in: 2001(2)AWC1268
G. P. Mathur, J.1. The association of Sugar Mills of West U. P. and nine sugar mills of the same zone have filed this writ petition assailing the order of Central Government dated April 6, 2000, by which the price of levy sugar for the year 1999-2000 has been fixed at Rs. 1.015.67 per quintal.2. Sub-section (1) of Section 3 of the Essential Commodities Act (for short E.C. Act) provides that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity, or for securing their equitable distribution and availability at fair prices, it may by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Under clause (f) of subsection (2) of Section 3, an order may be issued for requiring any person holding any stock or engaged in production, or in the business of buying or selling any essential commodity (a) to sell the whole or specified par...
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