Allahabad Court January 2002 Judgments
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Jai Prakash Vs. Gulab Singh Rathor
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002(1)AWC557
B.K. Rathi, J. 1. Heard Sri Ramesh Sinha, learned counsel for the revisionist and Sri Pankaj Burman, learned counsel for the opposite party.2. The opposite party filed J.S.C.C. Suit No. 4 of 2000 for ejectment and for recovery of arrears of rent against the revisionist. The suit was decreed ex parte on 15.2.2000. The applicant moved an application under Order IX, Rule 13 read with Section 151. C.P.C. supported by an affidavit to set aside the judgment and decree. The said application has been rejected by the trial court. Aggrieved by it, the present revision has been filed.3. It is contended by the learned counsel for the appellant that the entire decretal amount was Rs. 35,695 out of which the appellant deposited Rs. 18,000 in cash ; that he also requested for furnishing security for the entire decretal amount and the same was furnished by thepermission of the Court ; that, therefore, there was compliance of the proviso to Section 17 of Provincial Small Causes Court Act. As against th...
Mohammad Usmanul Haq Vs. Deputy Collector/Election Registration Office ...
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002(1)AWC594
Palok Basu and Lakshmi Bihari,JJ.1. Shri Shashi Nandan, learned counsel for the petitioner argued 3 points :(1) In the Instant case the impugned order dated 8.1.2002 is without jurisdiction because the Electoral Officer has in a way permitted use of Form 8 even when the objection in an existing entry in the electoral roll has been made by a third person 'and not by the petitioner.(2) Rule 13 (3) of the Registration of Electorals Rules, 1960, framed under the Representation of People Act, 1950 (hereinafter referred as the 'Rules' and the 'Act' respectively) do not permit the type of decision which has been passed in as much as the petitioner never objected to the entry which was existing in the Electoral Roll.(3) Since inherent lack of Jurisdiction emanates from the impugned order, no appeal lay and even if it is held by this Court that appeal lies, on the facts and circumstances of the case, said alternative remedy be not imposed as a bar to the petitioner. Petitioner is approaching th...
Ram Chandra Tandon Vs. Regional Manager, Bank of Baroda and anr.
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002(1)AWC812; [2002(92)FLR1171]; (2002)1UPLBEC768
S.K. Sen, C.J.1. Sri Ajai Srivastava, learned counsel for the appellant and Sri C. P. Misra, learned counsel for the respondents appeared.2. The short facts involved in this special appeal inter alia are that the writ petitioner appellant (hereinafter referred to as the petitioner) has retired from the post of Head Cashier from Bank of Baroda, Branch Aonla, district Bareilly. He claimed that he had an unblemished and excellent service record and there was no complaint of any kind against him throughout his service career. He applied for the retirement under the Bank of Baroda Employees Voluntary Retirement Scheme and accordingly his application was considered on 31,3.2001 by the respondents. A true copy of the acceptance letter dated 31.3.2001 has been filed as Annexure-1 to the writ petition. Thereafter all the retrial benefits including Provident Fund, Gratuity and Additional Retirement Benefits were credited in his Saving Bank Account No. 2559. The amounts of Provident Fund Rs. 3,10...
Hazi Nasirullah and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002(2)AWC1075; (2002)2UPLBEC1143
S.K. Sen, C.J. 1. By means of the present writ petition, Hazi Nasirullah and Zaida Bibi have approached this Court under Article 226 of the Constitution of India seeking a writ, order or direction in the nature of certiorari quashing the bill notice dated 8.11.1996 filed as Annexure-7 to the writ petition. They further seek a writ, order or direction in the nature of certiorari quashing the notification dated 24th November, 1994/1st December, 1994 and declaring it as ultra vires and arbitrary particularly Clauses 4, 5 (1) and 7 of the said notification.2. We have heard Sri C. K. Parekh, learned counsel for the petitioners, Sri K.B. Mathur, learned counsel for the Jal Nigam, respondent No. 3 and Sri Ranvijat Singh, learned standing counsel representing respondent No. 1.3. Briefly stated, the facts giving rise to the present writ petition are as follows :'The petitioners claim themselves to be the owner and residents of premises No. K-55/54 Rajapura, Varanasi. The premises in question is...
Rikheshwar Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002(2)AWC1548; (2002)3UPLBEC2259
R. B. Misra, J. 1. Heard learned counsel for the petitioner as well as learned standing counsel for the State.2. The petitioner has challenged the order dated 12.7.1996 (Annexure-5) whereby the service of the petitioner has been terminated under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (in short called Rules 1975).3. The facts necessary for the adjudication of the writ petition are that the father of the petitioner Sri Sita Ram Lal was working as Lekhpal in district Gorakhpur (presently district Maharajganj). He was permanent Lekhpal who died during the service period on 14.2.1974 leaving behind the petitioner as a legal heir. The petitioner was appointed as Lekhpal under U. P. Recruitment of Dependent of Government Servants Dying-in-Harness Rules, 1974 (called 'Rules 1974') on compassionate ground in the year 1985. The impugned order dated 12.7.1996 of termination was passed by Deputy Collector/ Prescribed Authority, Nautanva, Nichlol. Mahar...
Prashant Glass Works (P.) Ltd. Vs. Banaras Beads Ltd.
Court: Allahabad
Decided on: Jan-15-2002
Reported in: [2002]111CompCas71(All)
Sunil Ambwani, J.1. This company petition to wind up Banaras Beads Ltd. under the just and equitable clause under Sections 433 and 433(f) of the Companies Act, 1956 ('the Act') has been filed by Shri Ajit Kumar Gupta, holding shares in the company, on various grounds, namely, that the company has not complied with statutory requirements of the Act, by not submitting the annual return, failure to prepare and audit the accounts of the company, and are, thus, acting in oppression to the minority shareholders' interest in the company.2. From the record, I find that two groups holding majority of shares in the company, namely, Shri Ashok Kumar Gupta and Shri Raj Kumar Gupta, submitted their disputes to an arbitrator, who has given detailed award on 1-11-1998. Objection against the award was dismissed by the District Judge, Varanasi, against which first appeal from order (809 of 1999) is pending before this Court and by interim order dated 15-12-1999, it has been provided that the scheme for...
Shambhoo Sharan Pandey and anr. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-15-2002
Reported in: 2002CriLJ2209
J.C. Gupta, J.1. Criminal Appeal No. 2079 of 1986 is by Shambhoo Sharan Pandey and his son Kaushal Kumar Pandey against their conviction and sentence for imprisonment of life under Section 120B/302 I.P.C. The connected Criminal Appeal No. 2128 of 1986 has been preferred by accused convict Dinesh Chandra Misra who has been sentenced to imprisonment for life under Section 120B/302 I.P.C. It may be mentioned here that one more accused Ranjeet Singh was also tried but since he died during the pendency of trial his case stood abated.2. The prosecution case in short was that deceased Shiv Harsh Upadhyay was manager of Kisan Degree College, Basti. He was shot at about 9.30 p.m. on 31-7-1980 near Kisan Degree College Civil Lines. Basti. A telephonic message from Sri Chandra Deo Dwivedi (P.W.3) was received at police station Kotwali at 9.36 p.m. that Sri Shiv Harsh Upadhyay has been shot in front of his house and he has been sent to hospital. Injuries of Sri Shiv Harsh Upadhyay were medically e...
Cit Vs. Agra Carpet Museum
Court: Allahabad
Decided on: Jan-15-2002
Reported in: [2002]123TAXMAN576(All)
ORDERAt the instance of the revenue the Tribunal, Allahabad Bench, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that two separate assessments should be made in the case of the firm one in respect of income derived by it before re-constitution and the other in respect of income derived by it after reconstitution ?'2. None appears for the applicant. We have heard Sri Ashok Kumar, the learned counsel appearing for the department.3. In view of the Division Bench's decision of this court in the case of CIT v. Dhanvir Singh 1998 UPTC 86 (All), we answer the question referred to in the negative and decide the reference in favour of the revenue and against the assessee.4. The reference is, accordingly, answered....
Ram Pal Dubey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-14-2002
Reported in: 2002(2)AWC1056
Ashish N. Trivedi and M.A. Khan, JJ.1. Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Sri Rakesh Bajpai, learned standing counsel for the State.2. By the impugned order dated 24.7.2001 the Deputy Collector, Akbarpur, district Ambedkar Nagar, has directed the attachment of card holders of fair price shop, of the petitioner to another fair price shop on the ground that an enquiry is being made with regard to certain allegations, by the Supply Inspector and Naib Tahsildar and pending enquiry the impugned arrangement has been made.3. Learned counsel for the petitioner has placed reliance on a Division Bench decision of this Court in Naumi Ram v. Deputy Collector, (Up Zlladhikari, Tahsil Sagri), 2001 (1) AWC 607 : 2001 ALJ 444 , in which It has been held that it is obligatory on the authorities to follow the procedure prescribed by law and there is no power conferred on the authority to stop the supply on the basis of mere allegation or complaint and to take such actio...
Managing Committee of Gochar Krishi Inter College and anr. Vs. U.P. Se ...
Court: Allahabad
Decided on: Jan-11-2002
Reported in: 2002(1)AWC574; (2002)2UPLBEC1225
Sunil Ambwani, J. 1. This writ petition has been filed by the Committee of Management of Gochar krishi Inter College, Rampur Maniharan, district Saharanpur through its President Sri Gajendra Singh, challenging the order dated 28.8.2001 passed by the U. P. Secondary Education Services Selection Board, Allahabad communicating the decision of the Selection Board dated 16.8.2001 ; and the order dated 5.9.2000 passed by the District Inspector of Schools, Saharanpur. The Selection Board has disapproved the proposal to dismiss respondent No. 3 Sheesh Pal Singh, Principal of the college from service, and has directed the management to give charge of the post of Principal to Sheesh Pal Singh within a period of three days.2. I have heard Sri V.K. Shukla, learned counsel appearing for the petitioners and Sri A.K. Sharma, advocate, who has entered appearance as counsel on behalf of respondent No. 3, and with the consent of the parties, the writpetition is finally decided under the Rules of the Cou...
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