Allahabad Court August 2001 Judgments
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Jagat NaraIn Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-16-2001
Reported in: 2002CriLJ120
ORDERU.S. Tripathi, J. 1. The revision has been filed against the order dated 20-7-2001 passed by Chief Judicial Magistrate, Auraiya in Criminal Case No. 1473 of 2000 : Crime No. 205 of 2000 under Sections 304/34, 506 and 394, I.P.C. and Section 7, Criminal Law Amendment Act, P.S. Kotwali Auraiya, district Auraiya.2. An F.I.R. was lodged by applicant-Jagat Narain Pandey on 3-5-2000 at 6.30 p.m. at P.S. Kotwali Auraiya alleging that he along with his two sons Pramod Kumar Pandey and Kapil Kumar Pandey had gone to purchase vegetables in Sabjimandi at Phoolganj. He was standing at some distance and his two sons were purchasing vegetables. In the meantime, at about 5v30 p.m. Ambrish Kumar Mishra armed with rifle, Rajesh Kumar Mishra alias Raju Mishra, Alok Kumar Mishra and Kallu armed with double barrel gun arrived there. All the above four accused (opposite parties Nos. 2 to 5) started firing from their weapons, due to which Pramod Kumar Pandey and Kapil Kumar Pandey received gun shot inj...
Uniplas India Ltd. and anr. Vs. New Okhla Industrial Development Autho ...
Court: Allahabad
Decided on: Aug-14-2001
Reported in: 2001(4)AWC2498
Lakshmi Bihari, J. 1. Heard Shri Anil Sharma, the learned counsel appearing for the petitioners and Shri U. S. Awasthi, the learned counsel representing the respondent Nos. 1 to 4. 2. The petitioners have approached this Court through this petition under Article 226 of the Constitution of India, with the following prayers : '(a) Issue a writ or writs in the nature of certiorari or such other writ, order or direction as may be considered appropriate to quash and set aside the purported cancellation of the allotment of plots B-208 and 209, Phase 11, NOIDA, district Ghaziabad, (U. P.) uide letter dated 30th March. 1994 (Annexure-XlX hereto) and purported forfeiture of the amount paid by the petitioner company by the said letter and declare that the allotment made in favour of the petitioner company shall stand. (b) Issue a writ or writs in the nature of mandamus or such other writ, order or direction directing the respondents to attend to the matters complained of by the petitioners in t...
Rasheed Ahmad and ors. Vs. Smt. Kariman Khatton and ors.
Court: Allahabad
Decided on: Aug-14-2001
Reported in: 2002(1)AWC346
Katnal Kishore, J.1. This is the second appeal against the Judgment and decree dated May 31, 1982 passed by the then learned Vth Additional District Judge, Hardoi, dismissing the appeal and confirming the judgment and decree passed by Munslf East. Hardoi. In Regular Suit No. 113 of 1978.2. The facts giving rise to this appeal are that the original plaintiff appellant had filed the suit for partition on the allegations that one Sheikh Angne had two wives and that Maula Bux plaintiff-appellant and lllahi Bux defendant-respondent are the sons of Sheikh Angne from the second wife. It is alleged that by means of oral gift, Sheikh Angne had in his life-time partitioned his whole property amongst his sons on 18.9.1932 and in accordance with each had come in the possession of the property so given and mutations in papers were also made. The plaintiff-appellant has in para 3 of the plaint mentioned the properties which were given to him (Maula Bux) and to the defendant Hahi Bux. It shows that G...
National Insurance Co. Ltd. Vs. Mahfooza Begum and ors.
Court: Allahabad
Decided on: Aug-13-2001
Reported in: I(2002)ACC508; 2002ACJ214; 2001(4)AWC2727
M. Katju, J. 1. Heard learned counsel for the petitioner. 2. The appellant is challenging the impugned award of the Motor Accident Claims Tribunal dated 28.5.2001. The claimants are the widow and three children of the deceased Mahmood Khan who died in a motor accident. 3. Learned counsel for the appellant first submitted that only the photo copy of the driving licence was filed before the Tribunal and not the original. Learned counsel for the appellant relied on the decision of the Supreme Court in United India Insurance Co. Ltd. v. Anbari and Ors. 2000 (2) TAC 789. We have perused the aforesaid Judgment of the Supreme Court and we are of the opinion that the same is distinguishable. We may mention that a Tribunal is not a regular civil court and hence the strict Rules of C.P.C. or the Evidence Act do not apply to a Tribunal. Learned counsel for the appellant submitted that the Supreme Court in the aforesaid decision has mentioned that when the fact of the validity of the photocopy of ...
Uttar Pradesh Lekhpal Sangh, Allahabad Vs. State of Uttar Pradesh and ...
Court: Allahabad
Decided on: Aug-13-2001
Reported in: 2001(4)AWC2709; (2002)1UPLBEC325
A.K. Yog, J.1. Re : Civil Misc. Application No. Nil of 2001, dated Nil of August, 2001. This is an application with the prayer that Court may be pleased to set aside and quash the report of the Stamp Reporter dated 18th July, 2001 along with its affirming order dated 10th August, 2001 passed by the Taxing Officer scribed on the back of pages 2 and 3 of the writ paper book.2. Aforementioned report dated 18th July, 2001 and order of the Taxing Officer dated 10th August, 2001, have obviously proceeded on information being given by the learned counsel (by giving names of the members of the petitioner's Sangh) on the objection of the Stamp Reporter as follows--'Report regarding sufficiency of court fee will be made after names of the Lekhpal's are given.' Learned counsel for the petitioner, in a queer manner, supplied list of members by showing as if they are petitioners - by putting title of writ petition and part of writ petition (marking the pages as 1A, 1B, 1C, 1D and 1E), apparently, '...
Ram Bahadur Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Aug-10-2001
Reported in: 2001(4)AWC2628; [2001(91)FLR1254]; (2002)1UPLBEC48
ORDERS.K. Sen, C.J. 1. We have heard Sri Ashok Khare, learned senior advocate for the appellant, Sri Ran Vijal Slngh, learned standing counsel for the State respondent Nos. 1 and 2 and Sri Arun Tandon, learned advocate appearing for respondent No. 3. 2. This special appeal is directed against the judgment and order dated 9.9.1999, passed by the learned single judge in Civil Misc. Writ Petition No. 38478 of 1999, dismissing the writ petition on the ground that the writ petitioner, appellant herein, has already exercised the option on 20th December, 1990, to retire on attaining the age of 58 years and the said option was accepted by the competent authority. 3. The contention of the writ petitioner, appellant herein, is that he has exercised his first option on 20th December, 1990, to retire on attaining the age of 58 years. Thereafter the petitioner exercised another option on 20th December, 1991, in view of the Government order dated 17.2.1991, claiming that he wasentitled to continue i...
Sonali Trading Co. Vs. Sales Tax Tribunal and ors.
Court: Allahabad
Decided on: Aug-10-2001
Reported in: [2003]129STC97(All)
I.M. Quddusi, J.1. Heard learned counsel for the applicant Sri A.R. Masoodi and the learned Standing Counsel.2. This revision has been filed against the judgment and orderspassed in second appeal Nos. 53 of 2000 and 60 of 2000 for theassessment year 1998-99 by two different members of the Trade TaxAppellate Tribunal while sitting at Faizabad.3. Learned counsel for the revisionist has submitted that in fact this order cannot be said to be an order passed by the Trade Tax Appellate Tribunal, Faizabad Bench, Faizabad, as one member has signed the judgment and put the date as 13th September, 2000, mentioning the designation below the name as Member, Trade Tax Tribunal, Peeth Pratham (Bench-1), Kanpur, while the other member has signed the same judgment putting the date as 28th August, 2000, and mentioning the designation below the name as Member, Trade Tax Tribunal, Faizabad Peeth (Faizabad Bench), Faizabad.4. The court has perused the impugned order passed in Second Appeal Nos. 53 of 2000...
Ram Vikas Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-09-2001
Reported in: 2001(3)AWC2347; (2002)1UPLBEC352
Ashok Bhushan, J. 1. This writ petition has been filed by the petitioner praying for a writ of certiorari quashing the impugned order dated 31.3.1997 Annexure-1 to the writ petition passed by the respondent No. 3. It has further been prayed that a direction be issued in the nature of mandamus directing the respondents not to interfere in the peaceful working of the petitioner. A further mandamus has been prayed for paying salary and other benefits to the petitioner. 2. Facts of the case as emerge from the pleadings of the parties are that there were certain vacancies of Class IV and Class III in the District Hospital. Siddharth Nagar. The Director General. Family Welfare, U. P., Lucknow wrote a letter dated 16.10.1995 to all Chief Medical Officers. U. P. for making available the details pertaining to vacant posts under reserved category of Scheduled Castes, Scheduled Tribes and other backward category. The letter stated that the State Government has decided to fill up the unfilled quot...
K.K. Tiwari and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Aug-09-2001
Reported in: 2001(3)AWC2377; [2001(91)FLR693]; (2001)3UPLBEC2105
G.P. Mathur, J.1. Both the writ petitions have been filed challenging the same order dated 8.2.2000 of Central Administrative Tribunal, Allahabad Bench, Allahabad (C.A.T.) and, therefore, they are being disposed of by a common order. Civil Misc. Writ Petition No. 10242 of 2000 shall be treated as the leading case.2. The post of Executive Engineer in the Indian Defence Service of Engineers, Ministry of Defence, has to be filled by promotion from amongst Assistant Executive Engineers and Assistant Engineers. The Assistant Executive Engineers are appointed by direct recruitment on the basis of selection made by the Union Public Service Commission. For making appointment on the post of Executive Engineer for the recruitment year 1997-98, an order was issued whereby it was directed that all the 58 vacancies shall be filled in by promotion of Assistant Engineers only. This order was challenged by Assistant Executive Engineers (respondent Nos. 4 to 8) by filing Original Application No. 465 of...
Sunil Kumar Vs. District Inspector of Schools, Ghazipur and anr.
Court: Allahabad
Decided on: Aug-09-2001
Reported in: 2001(4)AWC2540; (2001)3UPLBEC2619
Ashok Bhushan, J. 1. Heard Sri S.K. Varma, senior advocate assisted by Sri Siddarath Varma appearing for the petitioner and Sri S.P. Srivastava learned standing counsel. Counter and rejoinder-affidavits have been exchanged. With the consent of the parties, the writ petition is being disposed of.2. This writ petition has been filed praying for quashing the impugned order dated 25.1.1996 passed by the District Inspector of Schools, Ghazipur and further prayer is made for a writ of mandamus directing the respondents to make payment to the petitioner from month to month along with arrears of salary.3. Petitioner's case as set out in the writ petition is that there is a recognised Institution, namely. Hindu Inter College. Zamanla, Ghazipur. One assistant clerk Ramji Ram went on leave from 16.6.1994 to 15.2.1995. This leave was extended from time to time. Petitioner states that since the work was suffering, hence he was appointed by the committee of management as clerk on leave vacancy vide ...
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