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Allahabad Court September 2001 Judgments

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Sep 06 2001

Ram Chandra Shukla Vs. State of Uttar Pradesh and ors.

Court: Allahabad

Decided on: Sep-06-2001

Reported in: 2001(4)AWC2728; (2001)3UPLBEC2351

G.P. Mathur, J. 1. This petition under Article 226 of the Constitution has been filed for quashing of order dated 17.4.1997 by which the petitioner was dismissed from service. 2. The petitioner was member of Higher Judicial Service and at the relevant time, was posted as Additional District and Sessions Judge at Etah. A disciplinary enquiry was held against him by a Sitting Judge of the High Court with regard to certain acts of misconduct. The charges were found to have been established. A copy of the report of the Inquiry Judge was furnished to the petitioner and he was given an opportunity to show cause. The matter was then considered by the full court which recommended that he should be dismissed from service. Thereafter, the Governor of U.P. passed the impugned order of dismissal on 17.4.1997. 3. The charges against the petitioner related to grant of ball in two murder cases being Case Crime No. 15 of 1994 and Case Crime No. 23 of 1994. In Case Crime No. 15 of 1994 of P.S. Kashganj...


Sep 06 2001

Dr. Mehboob Alam Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Sep-06-2001

Reported in: 2002CriLJ1218

G.P. Mathur, J. 1. The question which requires consideration here is whether aperson having the degree of Bachelor of Unani Medicine and Surgery is entitled to practise modern medicine and to prescribe allopathic drugs.2. The petitioner obtained the degree of Kamil-e-Tib-o-Jarahat from Aligarh Muslim University in the year 1990 which is also described as Bachelor of Unani Medicine and Surgery in the degree awarded by the University, a photocopy of which has been filed as Annexure-2 to the writ petition. The Janta Nursing Home being run by the petitioner in Kolhui district Maharajganj was inspected by a team consisting of a senior Medical Officer, a S.D.M. and a Drug Inspector on 26-8-2000 and in was found that allopathic drugs were being prescribed and administered to patients. A. F.I.R. was then lodged under Section 420 I.P.C. and Section 15 of Indian Medical Council Act, against the petitiner and one Aurangzeb, who claimed to be the compounder at the Nursing Home. The present writ pe...


Sep 06 2001

Radhey Shyam and Etc. Vs. State of U.P.

Court: Allahabad

Decided on: Sep-06-2001

Reported in: 2002CriLJ1227

G.P. Mathur, J.1. I agree with the opinion of my brother Hon'ble M.A. Khan, J. that both the appeals be allowed and the conviction as well as the sentences imposed upon the appellants be set aside. However I would like to add few words.2. P.W. 14 Suresh Kumar (husband of the deceased Smt. Nirmala Chaudhary) lived in house No. KD-41 Kavi Nagar along with his four brothers including P.W. 2 Virendra Nath Agarwal. It has come in the testimony of P.W. 2 Virendra Nath Agarwal that there were seven servants who were working in the house and they all resided in two rooms which were towards the back side of the main residential building. P.W. 6 Lekhraj Singh who was working as chowkidar has also admitted that at the relevant time 7-8 servants were employed and were working. P.W. 2 Virendra Nath Agarwal has deposed that he conducted a search in the servant quarter on 1-12-1980 and at that time Sudhir Kumar had accompanied him. During the course of search, he recovered a diary from the possession...


Sep 05 2001

Bunni Lal Chaurasia Vs. Deputy Registrar, Co-op. Societies, Gorakhpur ...

Court: Allahabad

Decided on: Sep-05-2001

Reported in: 2001(4)AWC2716

R.K. Agrawal, J. 1. Bunni Lal Chaurasia appellant writ petitioner has filed the present special appeal against the Judgment and order dated 4.9.1997 passed by the learned single Judge whereby the writ petition filed by the appellant writ petitioner has been dismissed. 2. Briefly stated that facts giving rise to the present special appeal are as follows : 'The appellant writ petitioner was appointed as Co-operative Supervisor in the U.P. Cooperative Federal Authority on 28.6.1978. He was working at Kisan Sewa Sahkari Samiti Ltd. Vigrameer, Vikas Khand Sameriyawan, tehsil Khalilabad district Basti and was confirmed on the said post on 5.11.1988, He was placed under suspension vide order dated 13.9.1990. Two separate charge-sheets were served on him on 6.11.1990 and 19.9.1991 which was duly replied by him on 4.12.1990 and 4.10.1991 respectively. The Inquiry Officer has conducted the inquiry and submitted his reporton 11.11.1991. The Inquiry Officer found the appellant writ petitioner guil...


Sep 05 2001

Mansha Ram Vs. Distt. Deputy Director of Consolidation, Bahraich and o ...

Court: Allahabad

Decided on: Sep-05-2001

Reported in: 2002(1)AWC309

U.K. Dhaon, J.1. Heard learned counsel for the petitioner and the learned standing counsel appearing on behalf of the opposite party Nos. 1 and 2 and Sri Shyam Mohan appearing on behalf of opposite party No. 3.2. The petitioner has approached this Court against the order dated 7.10.1991 and the order dated 21.12.1992. The brief facts of the case are that the appeal preferred by the petitioner against the order of the Consolidation Officer was dismissed in default on 3.4.1991 and on 4.4.1991 an application for restoration was moved which was allowed by the appellate court and the appeal was restored by the order dated 8.5.1991. On the objection preferred by opposite party No. 3, the Settlement Officer. Consolidation by the order dated 27.7.1991, recalled the order dated 8.5.1991 and rejected the application for restoration on the ground that there was no signature either of the counsel or of the appellant. Thereafter, another application was moved for restoration on 27.7.1991 which was ...


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