Allahabad Court March 2001 Judgments
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Deen Dayal Piparaiya Vs. Shri Thakur Mathili Raman Ji Maharaj Mandir a ...
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1164
B. K. Rathi, J.1. This second appeal has been preferred against the judgment and decree, dated 31.3.1998 passed by the Additional District Judge. Jhansi in Civil Appeal No. 45/96 arising out of Suit No. 33 of 1989. The facts giving rise to this appeal are as follows :2. The suit was filed by the respondents against the appellant alleging that respondent No. 1 is a trust of which respondent No. 2 is Gurdian. Manager and Sewayat. That this trust was created by Smt. Jan Id Bat and her father-in-law Mathura Prasad by a gift deed dated 13.9.1938 and the zamindari land was gifted to the temple. According to that deed, Smt. Janki Bat and Mathura Prasad continued to be the Managers of the property of the temple. After the death of Mathura Prasad. Smt. Janki Bai was free to manage the property of the temple during her life-time and was also authorised to appoint some other person as guardian to manage the temple and its property. Smt. Janki Bai by registered deed, dated 9.12.1971 appointed resp...
Corporal G.S. Tripathi Vs. Union of India and Others
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1189; [2001(89)FLR804]; (2001)2UPLBEC1254
Sudhir Narain, J.1. The question is as to whether this Court has jurisdiction to quash the order passed by the Commanding Officer, Air Force Station, Digaru district Kamarup (Assam) and the Air Force Officer Commanding-in-Chief, Headquarters, Eastern Air Command I.A.F.. Shillong.2. Briefly stated the facts are that the petitioner was enrolled into Indian Air Force as Airman in the trade of Clerk Pay Accounts. Disciplinary proceedings were takenagainst him. The charge-sheet was submitted and he submitted the reply. The Commanding Officer. Air Force Station. Digaru. district Kamarup (Assam) sentenced the petitioner to rigorous imprisonment for a period of two years and dismissed him from service and reduced his rank. The petitioner presented petition under Section 161(1) of the Air Force Act. 1950, to the Air Officer Commanding in charge. Headquarters Eastern Air Command. A.I.F. Shillong. He dismissed the petition but remitted to two months rigorous Imprisonment vide order dated 14.10.20...
Shyam Sunder and Others Vs. Firm NaraIn Das Bal Krishna Das and Others
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1180
B. K. Rathi, J.1. Both these appeals are connected arising out of the common judgment and therefore they are being disposed of by this judgment.2. The facts giving rise to these appeals are as follows :'The Suit No. 327 of 1956 was filed by the M/s. Narain Das Bal Krishna Das against the firm Raja Ram Chhanno Lal and its partners Uma Shankar Prasad and Jagar Nath Prasad for recovery of Rs. 1.530. The suit was decreed ex-parte on 8.5.1957. The decree was transferred for execution of Munsif Havall. Varanasi where on 14.10.1957 Execution Case No. 192 of 1957 was registered. The disputed land was attached on 13.11.1957. The plots were put to auction sale on 20.3.1958 and were purchased by decree holder-plaintiff himself.'3. Thereafter on 17.4.1958, Uma Shankar partner of the firm filed objections under Order XXI, Rule 90. C.P.C. which were rejected in default on 26.7.1958. The judgment debtor again filed objections under Order XXI, Rule 90, C.P.C. on 30.8.1958 which were rejected on 30.8.1...
Dr. H.S. Rai and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1167; (2001)2UPLBEC1603
M. Katju, J.1. Heard Sri Umesh Narain Sharma learned counsel for the petitioners, learned standing counsel for the State Government and Shri Pushpendra Singh for the U. P. Public Service Commission.2. The petitioners are all working as veterinary officers in various veterinary hospitals in U. P. and they are in the service of the State Government. It may be mentioned that the post of veterinary officer was initially known as Pashu Chikitsak and thereafter it was designated as Pashudhan Vikas Adhikari (Life Stock Development Officer) aide Government order dated 27.1 1.1978 and thereafter redesignated as Pashu Chikitsa Adhikari (veterinary officer) vide G.O. dated 29.4.1981.3. The petitioners applied for appointment as Zila Pashudhan Adhikari (District Live Stock Officer)/ Cattle Development Officer/Poultry Development Officer/ Gaushala Development Officer and other equivalent posts, in U. P. Veterinary Service Class II. It may be mentioned that 37 such posts were advertised vide adverti...
Bal Krishna Vs. Ramanand Dixit and Another
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1186
D. S. Sinha, J.1. Heard Sri B. N. Agarwal. the learned counsel appearing for the defendant-applicant and Sri Prakash Gupta, the learned counsel appearing for the respondent-opposite parties.2. Instant revision under Section 25 of the Provincial Small Cause Courts Act, 1887, as amended by the State of U. P. is directed against the order dated 16th September. 1989, passed by the Judge. Small Causes Court/IV Additional District and Sessions Judge, Jhansi in Original Suit Wo. 15 of 1988, Ramanand Dixit and another v. Bal Krishna.3. The impugned order was passed on the application No. 30-C moved by the plaintiff-opposite parties under Rule 5 of Order XV of the Code of Civil Procedure. 1908 (hereinafter called the 'Code'), and by the order the defence of the defendant-applicant has been struck off. The applicant seeks to assail the Impugned order on the following two grounds :1. that the trial court has misconstrued the provisions of Order XV Rule 5 of the Code of Civil Procedure and wrongly...
Mohd. Musheer Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1196; [2001(89)FLR691]; (2001)2UPLBEC1113
Sudhir Narain, J.1. The petitioner seeks to quash the order of the State Government by which it declined to grant relaxation to the petitioner in respect of appointment under the Dying-in-Harness Rules.2. Briefly stated the facts, are that the father of the petitioner was a police constable. He died on 31.5.1984 while he was in service. He died leaving behind him the petitioner and his widow. The widow was granted family pension. She did not apply for any Job on compassionate ground.3. The petitioner has completed the age of 21 years in 2001. which is clear from the affidavit filed by him. He filed an application in 1997 before he attained the age of majority that he should be given appointment on compassionate ground. The matter was referred to the State Government, respondent No. 1. On 31.7.1999 respondent No. 1 rejected the prayer of the pelilioner for relaxation of the period during which an application is to be filed and communicated us decision to the petitioner on 25.9.1999.4. S...
Ghanshyam Upadhyay Vs. U.P. Public Service Commission, Allahabad and A ...
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1217; (2001)2UPLBEC1061
S. R. Singh and D. R. Chaudhary,JJ.1. Common questions of law and facts inter-knit these petitions and the respective counsel having expressed themselves in concurrence to common disposal, it would be apt to dispose them of by a composite judgment.2. The facts draped in brevity are that the U. P. Public ServiceCommission issued an advertisement-bearing No. A-1/E-1/1997-98 inviting applications upto 12.2.1997 in respect of 548 posts of Principals and Senior Lecturers for Government Intermediate Colleges and normal/training colleges besides 200 posts of Dy. Collector/Dy. S.P./other allied services for which Combined State/Upper Subordinate Services (Preliminary) Examinations, 1997, was held on 18.5.1997. It was. however, expressly provided in the advertisement that the number of the vacancies might increase or decrease. The petitioners applied for the posts of Principal (Hill Cadre) and appeared in the preliminary examination the result of which was pronounced on 3.7.1997. In all, 722 ca...
Lal Chand Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(2)AWC1557; (2001)2UPLBEC1424
Pradeep Kant, J.1. The petitioner, who is a Police Constable, has challenged the order of dismissal from service dated 23.1.2001 passed by the Superintendent of Police, Balrampur contained in Annexure-3 to the writ petition.2. An F.I.R. was lodged against the petitioner under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act while he was posted as Police Constable in Thana Kotwali. Balrampur. Subsequently a charge sheet was filed and the petitioner was tried in Special Criminal Case No. 11 of 2000 in the Court of Sessions Judge, Balrampur. The petitioner was convicted vide judgment and order dated 12.12.2000 and was sentenced to 10 years R.I. and a fine of Rs. one lac was imposed upon him. Against the said judgment, the petitioner has preferred a criminal appeal in the High Court which has been admitted. The High Court, while admitting the appeal, has allowed bail to thepetitioner vide order dated 8.1.2001 and realization of fine was also stayed.3. The impugned order ...
Roop Lal and Shripal Vs. Brijnath Singh
Court: Allahabad
Decided on: Mar-16-2001
Reported in: 2001(3)AWC1949
B.K. Rathi, J.1. The suit for specific performance of contract of sale was filed by the respondent against the appellants which was dismissed by the trial court. The respondent filed first appeal No. 5 of 1975 which have been allowed by the Judgment and order dated 12.3.1976 by Civil Judge. Etawah and the suit for specific performance of contract of sale has been decreed. Aggrieved by it, the present appeal has been preferred.2. The facts of the case are very simple and the dispute lies in a very small compass- The plaintiff-respondent was bhumidhar of plot Nos. 106-A and 106-B of Village Zhaipur district Etawah. He sold those plots by deed dated 29.4.1971 for a consideration of Rs. 1,500 and also delivered possession. There was a condition in the deed regarding reconveyance of the property in favour of the plaintiff within two years on payment of same consideration. It was alleged by the plaintiff-respondent that he was ready and willing to perform his part of the contract, but the ap...
Sahngoo Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2001
Reported in: (2001)2UPLBEC1031
S.R. Singh and D.R. Chaudhary, JJ.1. The connected together are these four writ petitions filed by one and the same writ petitioners. The grounds on which the reliefs have been claimed are more or less common in all the petitions and, therefore, the writ petitions can be disposed of conveniently by a composite judgment and order to which the learned Counsel appearing for the respective parties have nodded in approval and hence we proceed to decide all the writ petitions by a common judgment.2. The facts of each case may be itemised briefly for better appreciation of the controversy involved in these cases.3. In writ petition No. 1910 of 1999 under challenge is the order dated 8.1.99 (Annexure 14) by means of which the petitioner was transferred from Jhansi to Lucknow at the Headquarter. The case of the petitioner is that by order dated 6.3.98, the petitioner was transferred from Head-quarter Lucknow to Jhansi and was given officiating charge of Superintending Engineer with effect from ...
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