Allahabad Court April 2001 Judgments
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Popular Cycle Manufacturing Company (Pvt.) Ltd. Vs. Commissioner, Trad ...
Court: Allahabad
Decided on: Apr-17-2001
Reported in: [2002]128STC652(All)
Sudihr Narain, J.1. Hoard learned counsel for the applicant and learned Standing Counsel.2. The Tribunal by the impugned order dated March 31, 2000 rejected the claim of the applicant because he failed to submit form D alleged in support of his case.3. The applicant has filed form D alleged to have been issued by the department. As the applicant claims to have received form D it would be appropriate that the Tribunal should consider the matter after taking into consideration form D which the applicant may produce before the Tribunal.4. In view of the above the revision is allowed. The order dated March 31, 2000 is set aside. The Trade Tax Tribunal, Bench Agra, shall decide the appeal afresh after permitting the applicant to submit form D....
Ram Kumar Verma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-13-2001
Reported in: 2001(2)AWC1309; [2001(89)FLR921]; (2001)2UPLBEC1130
S. R. Singh, J.1. Impugned herein is the order dated 24.2.2001 whereby the petitioner has been placed under suspension in contemplation of disciplinary enquiry against him on charge of having committed grave irregularities and connived with the millers/intermediaries in paddy procurement. Identically worded orders of even date are sought to be quashed on common grounds and hence, it would be convenient to dispose of these three writ petitions by a common order.2. It has been submitted by Sri U. N. Sharma, learned counsel appearing for the petitioner that the order placing petitioner under suspension has been passed without any rhyme or reason and without application of mind to materials and reports available with the Regional Food Controller who passed the impugned order of suspension. It has also been submitted by Sri Sharma that Regional Food Controller was not competent to place the petitioner under suspension for the Regional Food Controller is not the appointing authority and the ...
Shamim Ahmad Vs. Rashida Begum and Others
Court: Allahabad
Decided on: Apr-13-2001
Reported in: 2001(2)AWC1316
B.K. Rathi, J.1. This second appeal has been filed against the judgment and decree dated 29.8.2000 passed by XIIIth Additional District Judge. Allahabad in Civil Appeal No. 88 of 1998. The facts giving rise to this appeal are as follows : 2. The suit was filed by the respondent No. 1 against the appellant and other respondents for the relief of declaration and cancellation of sale deed dated 20.2.1981 registered on 5.6.1981 executed by the respondent No. 4 in favour of the appellant regarding house No. 262 (New), 247 (Old) situated in Dondipur and house No. 150 Johnstonganj. Allahabad. In brief the facts of the case are as follows : 'One Abdul Khaliq had two sons, namely, Abdul Sadiq and Abdul Mazeed. The respondent No. 1 is the wife of Abdul Mazeed. Maqbool Alam was son of Abdul Sadiq. It is alleged by the plaintiff that Abdul Sadiq remained in India during his life time and died on 3.1.1961. Maqbool Alam along with his family migrated to Pakistan in the year 1951 and died in Pakistan...
Onkar Dutta Sharma and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-13-2001
Reported in: 2001(2)AWC1494; (2001)2UPLBEC1149
S. R. Singh, J. 1. Bottom-line common questions of seminal importance that surface of determination in this bunch of writ petitions are two fold : firstly, whether the posts of Principal in Government Aided Private Degree Colleges/Post Graduate Colleges affiliated or associated under the provisions of the U.P. State Universities Act. 1973, can be subsumed within the sweep of the U.P. Public Services (Reservation for Scheduled Castes. Scheduled Tribes and Other Backward Classes) Act, 1994 (abbreviated to 'U.P. Reservation Act. 1994) and secondly, whether methodology adopted by the U.P.Higher Education Services Commission for screening out candidates, suffers from the taint of arbitrariness.2. The reliefs recapitulated in substance, arc that the advertisement No. 25 of 1998, the selections made pursuant to the said advertisement, and the guidelines formulated by the U.P. Higher Education Services Commission, be quashed and the Commission be enjoined to re-advertise the posts sans applyin...
Santosh Kumar Vs. Sena Nayak, 28 Wahani, P.A.C., Etawah and Another
Court: Allahabad
Decided on: Apr-12-2001
Reported in: [2001(89)FLR1004]; 2001LabIC3940; (2001)2UPLBEC1276
Acts/Rules/Orders:Uttar Pradesh Temporary Government Servant (Termination of Services) Rules, 1975 - Rules 4 and 5Disposition:Petition dismissedJUDGMNETA.K. Yog, J.1. Petitioner claims to have been appointed as Barber (Nai) in the department of Sena Nayak. 28 Wahini, P.A.C., Etawah on 28th March, 1990. Copy of appointment has not been filed and moreover learned counsel for the petitioner stated that no appointment letter is being Issued and said persons are being allowed to work orally. In para 2 of the petition, it is alleged that services of the petitioner were regularised. Again no order of regularisation has been annexed.2. Petitioner seeks to challenge impugned order dated March 25, 1992, whereby concerned Sena Nayek issued an order discharging the petitioner from services in exercise of its power contemplated under U. P. Temporary Government Servant (Termination of Services) Rules, 1975 stating that temporary services of the petitioner, who was a temporary employee, were no more ...
Naimullah Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Apr-12-2001
Reported in: 2001(4)AWC2517; (2001)3UPLBEC2594
S.H.A. Raza, J.1. Factual matrix, as set out in the writ petition, in short compass, is that in the year 1966, the petitioner was appointed on the post of Typist in the office of the Commissioner, Lucknow Division. Lucknow. The mother of the petitioner expired in the year 1943 and his father remarried in the same year. The step mother of the petitioner, at the time of the admission of the petitioner, for the first time in Class V in Shia School, Lucknow, got recorded date of birth of the petitioner as 1.7.1937. In the year 1982, the petitioner came to know that his date of birth was wrongly recorded in the Scholar Register as well as in the service record. The petitioner obtained a certificate from the Municipal Board, Lucknow on 3.3.1983, according to which his date of birth was mentioned as 1.7.1942.2. It has been averred in the supplementary-affidavit that in the year 1983. the petitioner submitted a representation to the Commissioner. Lucknow Division, Lucknow, for the correction o...
Billa Alias Birla and Etc. Vs. Superintendent, Distt. Jail and ors.
Court: Allahabad
Decided on: Apr-12-2001
Reported in: 2002CriLJ1217
ORDER1. These habeas corpus petitions challenge the impugned detention order dated 15-11-2000 Annexure 1 to the writ petitions passed under the National Security Act.2. We have heard learned counsel for the petitioners and learned Government Advocate. Several arguments have been advanced before us. Firstly it is alleged that there was delay by the Central Government in deciding the petitioners' representation. In paragraph in deciding the petitioners representation. In paragraph 26 of the petition it is alleged that on 22-11-2000 the petitioner gave several copies of this representation to the jail authorities requesting them to forward them to the State and Central Government. In paragraph 17 of the counter affidavit of the District Magistrate it is stated that the petitioners submitted their representations to the jail authorities on 27-11-2000 but it was not addressed to the Central Government nor any request was made to send it to the Central Government. The District Magistrate rec...
Federation of Indian Polytechnic Teachers Organisation Vs. Director, T ...
Court: Allahabad
Decided on: Apr-11-2001
Reported in: 2001LabIC3964; (2001)2UPLBEC1891
V.M. Sahai, J.1. The short question that arises for consideration in this petition is whether the norms and standards laid down by the All India Council for Technical Education, under Section 10(1)(i) of the All India Council for Technical Education Act. 1987, laying down four-tier staff structure are binding on the State Government? If so, whether the Uttar Pradesh Technical Education Gazetted Officers' Service 'Rules, 1990 and the Uttar Pradesh Pravidhik Shiksha Institution Receiving Grant-in-Aid from theGovernment Regulations. 1996, framed by the State Government, being contrary to the norms and standards framed by All India Council for Technical Education under Section 10(1)(i) of the All India Council for Technical Education Act, 1987, are unenforceable in view of Article 254(1) of the Constitution?2. This petition has been filed by the petitioners for a direction to the respondents to implement four-tier staff structure in the State of Uttar Pradesh in accordance with the norms a...
Prabhu Nath Misra Vs. Union of India and Others
Court: Allahabad
Decided on: Apr-10-2001
Reported in: 2001(2)AWC1306; (2001)2UPLBEC1346
Lakshmi Bihari, J.1. Heard Sri Om Prakash Ojha, holding brief of Shri Salycndra, the learned counsel of the petitioner. Shri A. K. Sinha, the learned Additional Standing Counsel of the Central Government, representing the respondent Nos. 1, 2 and 3, and Shri Vinay Malviya, the learned standing counsel of the State of U. P., representing the respondent Nos. 4 and 5.2. The prayer of the petitioner, in this petition under Article 226 of the Constitution of India, is to issue a writ, order or direction in the nature of mandamus, directing the respondent Nos. 1, 2 and 3 to sanction the pension to the petitioner under Liberalised Pension Rules, 1980, forthwith. The petitioner has further prayed for issuing a writ, order or direction in the nature of mandamus commanding the respondents to dispose of the applications of the petitioner dated 13.8.1986, 11.9.1991, 20.3.1992 and 15.11.1992.3. According to the averments made in the writ petition, the application dated 21.7.1981, filed by the petit...
State of U.P and Another Vs. Badan Singh
Court: Allahabad
Decided on: Apr-10-2001
Reported in: 2001(2)AWC1322
U.S. Tripathi, J. 1. The State of U. P. and Superintendent of Police, Government Railway Police have filed this revision against the judgment and order dated 3.7.1985 passed by the 1st Additional District Judge/J.S.C.C., Mainpuri in S.C.C. Suit No. 2 of 1980 decreeing the suit of the opposite party for ejectment and arrears of rent and damages.2. The plaintiff/respondent filed S.C.C. Suit No. 2 of 1980 against the State of U. P. applicant No. 1 and Superintendent of Police, G.R.P.. Agra, applicant No. 2 for ejectment and arrears of rent and damages on the ground that the applicants approached him to let out his house to the State of U. P. for occupation of staff of G.R.P.. Mainpuri, as it was urgently required. The G.R.P., Mainpuri, occupied the disputed premises on 8.2.1979 on an understanding that reasonable rent would be paid to the respondent/ plaintiff having regard to prevailing rent in the vicinity. However, the rent could not be settled between the parties and the applicant No....
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