Allahabad Court March 2001 Judgments
Atique Ahmad Vs. Election Commission of India and Others
Court: Allahabad
Decided on: Mar-28-2001
Reported in: AIR2001All379
S.K. Sen, C. J. 1. In the instant writ petition, the writ petitioner who is a sitting M.L.A. and is detained in Centra] Jail, Naini. district Allahabad, has prayed for following reliefs :(i) Issue a suitable writ order or direction calling for records and quashing the notification for election schedule to be held on 7th April. 2001 for Legislative Assembly, U. P. from Hydergarh Constituency in district Barbanki. ORAlternatively suitable arrangement by means of order or direction in the nature of writ be issued so that the petitioner may contest the election as a candidate from the aforesaid Hydergarh Constituency in district Bara-banki. (ii) To issue any other writ order or direction to which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iii) To award cost of the petition to the petitioner. 2. The short facts involved in this writ petition, infer alia, are that on 17th March. 2001 the petitioner submitted his application through Superintendent. Central J...
Tag this Judgment!Balloo Vs. State of U.P.
Court: Allahabad
Decided on: Mar-28-2001
Reported in: 2001CriLJ3348
1. This appeal arises out of a judgment and order dated 25-9-1980 passed by Sri M.P.S. Tomar, II Additional Sessions Judge, Mathura, in S.T. No. 338 of 1979 convicting and sentencing appellant Balloo son of Jamunadas to imprisonment for life under Section 302, I.P.C.2. Brief facts of the case are that on 23-7-1979 at about 6.00 A.M. this appellant and his companions were trying to demolish walls of the compound of Smt. Ramdei, a widow, whose sons were residing in Amritsar, to draw electric line from the pole up to the house of Chetram. When the appellant and his three companions were busy in demolishing the wall, Dulichand came and raised an objection. They persisted with the felling of the walls. Dulichand then tried to call his associates, but he was fired upon by the appellant from a country made pistol from some distance. The shot hit Dulichand on his left as a result of which he fell down and died instantly. On his fall other associates of the appellant also beat him with Lathis. ...
Tag this Judgment!Dr. Gopal Krishna Vs. District Magistrate/President of Gandhi Eye Hosp ...
Court: Allahabad
Decided on: Mar-27-2001
Reported in: [2001(89)FLR684]; (2001)2UPLBEC1440
Sudhir Narain, J.1. The petitioner has sought writ of cerliorari quashing the order dated 29.3.2000 passed by the President of the Gandhi Eye Hospital Trust, Aligarh terminating the services of the petitioner.2. The question is whether this Court should entertain such petition against the action of the President of the Gandhi Eye Hospital Trust. Aligarh removing the petitioner from service.3. The petitioner was appointed as Chief Medical Officer on 15.5.1998 on probation for one year. This term could be extended for another year. His term was extended on 9.4.1999. The District Magistrate, Ex-Officio President of the Trust terminated his services fide order dated 29.3.2000 within the extended period of probation. The petitioner has challenged this order in this writ petition.4. The core question is whether the writ petition is maintainable against a society, which is running an Eye Hospital. Gandhi Eye Hospital Trust. Aligarh is registered under the provisions of the Societies Registrat...
Tag this Judgment!Dvijendra Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-27-2001
Reported in: 2001LabIC2848; (2001)2UPLBEC1432
M. Katju and S. K. Jain, JJ.1. Heard learned counsel for thepetitioners and learned standing counsel.2. Petitioners have prayed that a mandamus should be issued for appointing them as Assistant Prosecuting Officers, it appears that an advertisement was issued on 23.12.1996 for the said post vide Annexure-1. The petitioners appeared in the said examination and they passed in the written test and then they appeared in the interview. The final result was prepared vide Annexure-3 containing the names of 99 persons, who were selected against 99 vacancies.3. It has been submitted that five of these 99 persons joined their posts but they resigned within one year of the life of the list and hence five persons lower down in the select list should have been offered appointments on those posts. Learned counsel for the petitioners relied on a Division Bench decision of this Court in Ved Prakash Tripathi v. State of U. P. and others, C.M.W.P. No. 32077 of 2000. decided on 20.12.2000. In our opinion...
Tag this Judgment!Mahabir Singh Pundir Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Mar-27-2001
Reported in: (2001)2UPLBEC1657
S.K. Sen, C.J. and Ashish N. Trivedi, J.1. Heard Dr. R.G. Padia, learned Senior Advocate for the appellant, learned Standing Counsel for respondent No. 1 and Sri V.K. Shukla, learned Advocate for respondent Nos. 2 and 3.2. This special appeal is directed against the order passed by the learned Single Judge wherein the petitioner has challenged the order of suspension dated 6.7.1999 which was subsequently disapproved by the District Inspector of Schools on 9.9.1999. Thereafter a resolution was passed on 5.12.1999 by the Committee of Management of the College to suspend the petitioner which was approved by the District Inspector of Schools on 11.1.2000. The contention of the writ petitioner-appellant was that no opportunity of hearing was given to him before the approval of suspension was granted and no reason had been given for approving the same. The District Inspector of Schools had earlier disapproved the, suspension of the petitioner on 9.9.1999 and as such his suspension cannot be ...
Tag this Judgment!Jintendra Alias Jeetu Vs. District Magistrate and anr.
Court: Allahabad
Decided on: Mar-27-2001
Reported in: 2001CriLJ2865
M. Katju, J.1. Heard learned counsel for the petitioner and learned Government Advocate. The petitioner has challenged the impugned notice dated 25-1-2001, under Section 3(1) of the U.P. Control of Goondas Act, 1971, a copy of which has been annexed as Annexure 1 to the writ petition.The said notice is reproduced below :-ftrsUnz mQZ thrw iq= Jh yD[kh fuoklh dLok oFkkuk j?kqiqjk Fkkuk jcqiqjk tuin xkSre cq) uxj A d esjs le{k ;g lwpuk izLrqrdh xbZ gS fd ftrsUnz mQZ thrw iq= Jh yD[kh fuoklh dLck jcwiqjk Fkkuk jcqiwjktuin xkSre cq) uxj ,d 'kkfrj fdLe dk cnek'k gS] vkl ikl ds {s= esa laxhu vijk/kdjds vkrad QSyk dj turk dks Hk;Hkhr djrk gS A blds dk;Z lekt ds Hkys ,oa {ks= dsizeq[k izfr'Bkuksa dks /kedh nsdj /ku olwy djds viuk thou ;kiu djrk gS bldsMj ls turk Hk;Hkhr gS iqfyl }kjk idMus dk iz;kl djus ij og Hkkx tkrk gS blds Hk;ds dkj.k turk dk dksbZ Hkh O;fDr mlds fo:) fjiksVZ fy[kkus o lk{; nsus dks rS;kjugha gS A [k mijksDr ftrsUnz mQZ thrwdh thyk xkSre cq) uxj vFkok ftys dh lhekvksa ,oa...
Tag this Judgment!Anoop Kumar Dubey Vs. Director of Education (Madhyamik) and ors.
Court: Allahabad
Decided on: Mar-26-2001
Reported in: (2001)3UPLBEC2061
A.K. Yog, J.1. Admittedly, Petitioner was sought to be appointed on ad-hoc basis on short-term vacancy under the provisions of U.P. Secondary Education Commission and Selection Board Act, 1982 read with relevant Second Removal of Difficulties Order, 1981.2. The Manager of the institution informed by sending requisite papers including resolution of the Committee of Management of his College, Sarvajanik Inter College, Iradat Nagar, Agra (Annexures-3 and 6 to the Writ Petition) its decision to appoint the petitioner on ad-hoc basis. The concerned District Inspector of Schools refused to accord approval/financial sanction in favour of the Petitioner vide impugned order dated April 17, 1996 (Annexure-7 to the Writ Petition). The District Inspector of Schools refused to accord sanction on two grounds namely :-1. The Director of Education vide his letter dated June 9, 1995 had directed for not according approval, and2 In view of the letter of Director of Education (Secondary), U.P., Alla- hab...
Tag this Judgment!K.C. Srivastava and ors. Vs. Chancellor, Lucknow University and ors.
Court: Allahabad
Decided on: Mar-23-2001
Reported in: (2001)2UPLBEC1191
Khem Karan, J.1. Issues raised in all these five writ petitions, under Article 226 of the Constitution of India, are closely connected with each other and so, are being disposed of by this common order.2. The genesis of this spate of litigation can primarily be traced, to order dated September 7, 1987 by which, direct appointment dated Feb. 4, 1987 of Dr. V.G. Goswami on the post of Reader in commercial Law, in the Faculty of Law, in the University of Lucknow, was given retrospective effect from May 18, 1985, the date on which reference regarding his selection and appointment was made under Section 31(8)(c) of the Uttar Pradesh State University of Act, 1973 (for short Act of 1973) and also to seniority list dated June 9, 1994 issued by the University determining the inter-se seniority of the Reader/Lecturers of Law Faculty, wherein V. G. Goswami (then a Reader) was shown at Sl. No. 16, with date of appointment as August 27, 1986 on the post of Reader and Sri R. C. Jaiswal (also a Reade...
Tag this Judgment!Kamlesh Kumar Gupta Vs. Special Judge and Others
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001(2)AWC1213
O. P. Garg, J.1. The petitioner who admittedly is the tenant tn a portion (shop) of premises No. 1856 situated in mohalla Cantonment. Station Road, Banda, has challenged the order dated 3.8.2000 passed by the trial court in S.C.C. Suit No, 4 of 1998 and the order dated 19.1.2001 passed tn Revision Application No. 48 of 2000 under Section 25 of the Provincial Small Causes Courts Act. It is prayed that both the orders being illegal and without jurisdiction be quashed and the respondent No. 3 be commanded not to disturb with the possession of the petitioner over the tenanted accommodation.2. At the initial stage of filing of the present petition, appearance was put in on behalf of the landlord respondent No. 3 through Sri Rajesh Tandon, senior advocate assisted by Sri Pankaj, Srivastava. He made a statement that the petition be finally disposed of on merits on the basis of the material available on record. Sri M. A. Qadeer, learned counsel for the petitioner did not have any objection to ...
Tag this Judgment!Jai Shanker Mishra Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001(2)AWC1223; (2001)2UPLBEC1252
A. K. Yog, J.1. Heard Sri Siddarth Srivastava, learned counsel for the petitioner, Sri R. K. Tewari, learned counsel for the respondent and perused the record.2. Jal Shanker Misra (petitioner) filed this petition under Article 226, Constitution of India in March, 1998, after serving a copy of this petition, as required under Rules of Court, in the office of chief standing counsel.3. No counter-affidavit has been filed in spite of opportunity to the respondent.4. Perusal of the order passed by the concern Government authority dated 18th March, 1998, shows that petitioner was restrained from discharging his duties on the allegation that some first information report (no details given) was lodged against him on the ground of obtaining initial appointment with the help of alleged forged document (no details given). In pursuance, thereof, impugned order dated 24th March. 1998 (Annexure-1 to the writ petition) has been consequently issued by Prabhari Chikitsa Adhikari/Medical Officer, Rajkiy...
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