Allahabad Court March 2001 Judgments
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Jagdish Ram Vs. Central Administrative Tribunal, Allahabad Bench and o ...
Court: Allahabad
Decided on: Mar-16-2001
Reported in: (2001)2UPLBEC1075
D.R. Chaudhary, J.1. Petitioner's father T. No. 333 Mazdoor Sri Sahodar Harizan was employed in 222 ABCD based Ordinance Depot. C/o 99 APO (under Government of India), Ministry of Defence Installation since 15.4.1968. He expired on 1.5.1989 while in service leaving behind him his widow Smt. Dasi Devi, three daughters and the petitioner. The petitioner submitted an affidavit dated 30.9.1989 to the respondents claiming himself to be the son of the deceased and sought employment on compassionate ground. It appears that the petitioner's mother also made an application dated 8.1.1989 for appointment on some suitable post. The application of the petitioner's mother was rejected on the ground that she being a lady cannot be employed. The claim made by the petitioner for compassionate employment remained pending with the respondents. The petitioner came to be informed for the first time by means of letter dated 15.11.1996 (Annexure-5 to the writ petition) that : 'As per guidelines received fro...
Surendra Kumar Singh and Another Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-15-2001
Reported in: 2001(2)AWC1158; (2001)2UPLBEC1065
S.R. Singh, J.1. These petitions are based on common cause of action and since the reliefs claimed are common, these petitions were together for convenient disposal by a common judgment. Learned counsel appearing for the petitioners in each of these writ petitions as also Sri S.K. Singh, learned counsel representing the U. P. Public Service Commission and the standing counsel representing the State were heard for and against the reliefs claimed in these petitions.2. It appears that the U. P. Subordinate Services Commission had advertised certain posts including the post of Regional inspector (Technical)/Assistant Regional Inspector (Technical) vide advertisement No. 2/96-97. The cutoff date for the purpose of determining the prescribed age limit was 1.7.1996. The last date for submission of applications was 26.11.1996. But before it could hold any examination pursuant to the said advertisement the U. P. Subordinate Service Commission was abolished by U. P. Ordinance No. 16 of 1997 and ...
N.C. JaIn Vs. Chief Secretary,government of U.P. and Others
Court: Allahabad
Decided on: Mar-15-2001
Reported in: 2001(2)AWC1666
Sudhir Narain, J.1. The petitioner has sought compensation for his confinement in Jail alleging that he was arrested and confined in Jail illegally and maliciously by the respondents causing mental and physical pain and affecting his reputation in the society.2. The factual matrix of the case is that the petitioner was a partner in the Firm M/s. Monlka Bakeries. Industrial Area, Partapur, Meerut. One Sri Abdul Hameed was also partner. In the year 1979, they agreed to dissolve the partnership and a dissolution deed dated 26.3.1979 was executed whereby the assets and liability of the Firm were given to Sri Abdul Hameed. All the tax liabilities prior to dissolution were also cleared.3. The recovery proceedings were taken against the petitioner for recovery of Rs. 2,400 as arrears of Sales Tax for the year 1983-84 and a notice was issued in his name. The said recovery proceedings were, however, withdrawn after the Sales Tax Officer Sector-V, Meerut found that the Firm has been dissolved as...
Swadeshi Products Protection Forum and anr. Vs. Union of India (Uoi) a ...
Court: Allahabad
Decided on: Mar-15-2001
Reported in: [2002]125STC517(All)
Jagdish Bhalla, J. 1. The petitioner No. 1 is a forum primarily involved in safeguarding the national interest with respect to protecting Swadeshi products which is evident from the title of the organization itself. The petitioner has approached thisCourt for national interest to protect misuse of the public fund in the name of various incentives, concession and amenities provided for purchasing foreign machinery particularly with respect to non-conventional energy resources as a measure of development through wind mills. The Wind Energy Sector enjoys the package of incentives as under :--(i) Concessions under Income-tax, (ii) Exemptions from Customs and Central Excise duties, (iii) IRDEA (Indian Renewable Energy Development Agency Ltd.), the corporate financing arm of MNES (Ministry of Non-Conventional Energy Sources) provides finance at concessional rate of interest to Wind Mill Projects. (iv) The State Government offering exemptions under the provisions of Sales Tax. (v) Entreprene...
Ballam and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-15-2001
Reported in: 2001CriLJ3354
J.C. Gupta, J.1474523231493021492. Before adverting to the prosecution story it may be relevant to mention here the following pedigree for showing that the deceased, first informant and accused persons are related to each other.(See table on next page)Accused Madan Singh and Dharam Singh are nephews of accused ManphoolSingh.---------------------------------------------------------------- Jamintay /---------------------------------------------------------------- / /Deewan Singh Har Dayal / / -----------------------------------------Jiwan / / / Ram Sarup Bhagirath KanpurIkhraj Singh / / / --------------- ------------------- ----------------- / / / / / /Ajab Chandrashan Pahal Singh Udai Raj Birbal Atar SinghSingh (deceased)P.W. 1 / / / Ballam Manphool (accused) (accused) ---------------- -------------- / / / / Tikey Charan Hakey Mohan Singh (accused)----------------------------------------------------------------3. The prosecution case in brief is that there was a long standing enmity and...
Ali Johad Naqvi Vs. Allahabad Development Authority and anr.
Court: Allahabad
Decided on: Mar-14-2001
Reported in: AIR2001All172
Lakshmi Bihari, J.1. On the refusal by the respondent-Allahabad Development Authority to refund Rs. 1,49,250/- deposited by the petitioner for the allotment of the shop in question, the petitioner has filed this petition under Article 226 of the Constitution of India, praying for quashing the notice dated 22-12-1987 (Annexure '8' to the writ petition), and for commanding the respondent-Allahabad Development Authority to refund the said amount.2. The case of the petitioner, as disclosed in the writ petition, is that in pursuance of the scheme floated by the Allahabad Development Authority, he applied for allotment of the shop in question and deposited in all Rs. 1,49,250/- for the same, but the possession was not given to him for about two and a quarter years. His case, further, is that the parties are governed by a written contract and in terms of condition No. 1-8 thereof, he could obtain refund of the money deposited by him with interest in case no floor space is given to him within ...
M.J.P. Rohilkhand University Bareilly Vs. Harjendar Singh and Another
Court: Allahabad
Decided on: Mar-13-2001
Reported in: 2001(2)AWC1111; (2001)1UPLBEC912
S. K. Sen, C.J.1. This appeal has been preferred by M. J. P. Rohilkhand University, Bareilly (hereinafter referred to as 'the University') against the order dated 29th February 2000, passed by learned single Judge, whereby the learned single Judge allowed the writ petition. Although we do not agree with the way the learned single Judge has allowed the writ petition by directing the University to award more marks to the writ petitioner.2. We have heard Mr. Govind Saran, learned Advocate for the appellant-University and Mr. D. S. Singh, learned Advocate for the respondent-writ petitioner.3. Having heard learned counsel for the parties, we agree with the view taken by earlier Division Bench of this Court in Tarkeshwar Lal and others v. University of Gorakhpur and others. 1984 UPLBEC 1437, as also by the learned single Judge in Pravesh Kumar Dubey v. University of Kanpur and another. (1900) 2 UPLBEC 1053, that once result has been declared and mark-sheet sent to the candidate whereby the s...
K.P. Giri Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-12-2001
Reported in: (2001)1UPLBEC908
R.K. Agrawal, J.1. The petitioner, K,P. Giri, has filed the present writ petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, quashing the order dated 20.3.98 passed by the Secretary/General Manager, U.P. Sahkari Katai Mills Ltd., Fatehpur, respondent No. 4, filed as Annexure No. 8 to the writ petition and the order dated 29.6.98 passed by the Chairman, Committee of Management, U.P. Sahakari Katai Mills Ltd., Fatehpur, respondent No. 2, filed as Annexure No. 13 to the writ petition. He further seeks a writ of druwdamw, commanding the respondents No. 3 and 4 not to interfere in the working of the petitioner on the post of Cost Accountant and pay his salary as and when the same is due with all arrears.2. Briefly stated the facts of the case are that the petitioner was an employee of U.P. Co-operative Spinning Mills Federation Ltd., Kanpur, which is an Apex Society within the meaning of Section 2(A-4) of the U.P. Co-operative Society Act, 1980. The U...
Harihar Prasad Kushwaha Vs. Director of Education (Secondary) and ors.
Court: Allahabad
Decided on: Mar-12-2001
Reported in: (2001)2UPLBEC1708
R.K. Agrawal, J.1. Civil Misc. Writ Petition No. 35135 of 2000 has been filed by the petitioner Harihar Prasad Kushwaha seeking a writ of mandamus directing the respondents to regularize the services of the petitioner on the post of Principal in Mahatma Gandhi Inter College, Sakhwawa, district Kushinagar and directing the respondents not to disturb in peaceful functioning of the petitioner as Principal of the Institution. A further writ of mandamus has been prayed for directing the respondents to include the petitioner in the interview of candidates alongwith other the candidates before the Service Selection Board, whereas Writ Petition No. 6314 of 2001 has been filed by him seeking a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.1.2001, passed by the Director of Education (Secondary), U.P., Lucknow, contained in Annexure 3 to the said petition.2. Since both these petitions have been filed by one and same person and involve common question of...
Mohammad Jamil Vs. the District Collector and ors.
Court: Allahabad
Decided on: Mar-12-2001
Reported in: (2001)3UPLBEC2075
S.R. Singh, J.1. Heard Sri L.R. Khan, appearing for the petitioner and the Standing Counsel representing the respondents.2. By order impugned herein, the petitioner's appointment has been cancelled on the premises that the appointment was irregular. The petitioner has been accordingly given notice of termination by the self-same order in exercise of power under the U.P. Temporary Government Servants (Termination of Service) Rules, 1975.3. The petitioner, it appears, was appointed as a Class 3 employee in the Collectorate Mahoba. At the time of his appointment on regular basis, he was above the prescribed maximum age of 32 years. The petitioner was given regular appointment on 25/26.6.96. It would transpire from the record that a show-cause notice dated May i, 2000 was served to the petitioner calling upon him to explain the circumstances under which he was inducted in the service albeit he had already crossed the rubican of upper age limit of 32 years. The petitioner demanded certain p...
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