Allahabad Court January 2002 Judgments
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Seva Samiti, Allahabad and anr. Vs. Assistant Registrar, Firms, Societ ...
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(1)AWC771
Anjani Kumar, J.1. Heard Sri M.D. Singh 'Shekhar', learned counsel appearing on behalf of the petitioners and the learned standing counsel for respondent No. 1 as well as Sri H.N. Tripathi, learned counsel representing respondent No. 2.2. By means of present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the orders dated 26.9.1999 and 29.7.1999. passed by Assistant Registrar, Firms, Societies and Chits, Allahabad, Annexures-13 and 15, respectively to the writ petition, whereby pursuance to the election held on 31.8.1997 sitting office bearers who were elected, have been removed during their term. This is why the matter has been referred to the Registrar. Being aggrieved by the order of the Registrar, the petitioners filed this writ petition in the year 1999. The period of the election held on 31.8.1997 has admittedly come to an end on 30.8.2000. Thereafter both the parties claimed that they have held fresh elections. The legality or otherw...
Secretary, Kamla Nehru Memorial Hospital, Allahabad and anr. Vs. Dr. A ...
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(1)AWC825; (2002)1UPLBEC777
G.P. Mathur, J.1.This special appeal has been preferred by theSecretary, Kamla Nehru Memorial Hospital, Allahabad and Dr. J.K. Gupta. Medical Superintendent of the Hospital, against the orders dated 21.3.2001 and 11.1.2002 of a learned single Judge in C.M. Writ Petition No. 10370 of 2001. Dr. Alok Singh (respondent No. 1 in the appeal) was initially appointed as a House Surgeon in Kamla Nehru Memorial Hospital (hereinafter referred to as the Hospital) for a fixed period from 1.1.1999 to 30.6.1999. His appointment was extended twice and the last extension was given from 1.1.2001 to 28.2.2001. Thereafter, he was given a notice that his tenure as house surgeon will come to an end on 28.2.2001 and, accordingly, he may complete No Dues formalities and he may vacate the Doctors' Hostel. He then filed the writ petition, giving rise to the present appeal, praying that the notice dated 28.2.2001 may be quashed and the respondents in the writ petition may be restrained not to create any hurdle i...
Suyash Kumar Srivastava and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(1)AWC865; (2002)2UPLBEC1322
S.K. Singh, J.1. By means of this writ petition, petitioners have prayed for issuance of a writ in the nature of certiorari quashing the order dated 8.7.1999 (Annexure-7 to the writ petition) passed by respondent No. 1, by which the select list for the post of Gram Vikas Adhikarl of Group 'C' service was cancelled.2. An advertisement for direct recruitment for 36 post of Gram Vikash Adhlkari of Group 'C' service under the District Development Officer Sonebhadra. respondent No. 3 was published in August. 1998. The aforesaid posts were to be filled up in accordance with provisions of U. P. Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of U. P. Public Service Commission) Rules. 1998. hereinafter referred to as the Rules. It was also notified that a competitive written examination for the said post will be held in each district where the vacancies have been published on one and the same date by an Independent agency appointed by the State Government for this pur...
Aseem Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(2)AWC968
Binod Kumar Roy and U. S. Tripathi, JJ.1. Following questions crop up for adjudication in this writ proceedings under Article 226 of the Constitution of India :(1) Whether Rule 416 (3) of Telegraph Rules, 1951 (hereinafter referred to as the Rules) bars the maintainability of a writ petition as premature unless the petitioner files a representation before the Telecom Authorities against a notice? (2) Whether for the non-payment of the bill of that telephone which was got installed by the father, the Telecom Authorities can justifiably refuse to deny new telephone connection to his son for another premises, which he claims to be commercial, by taking aid of Rule 416 (2) (d) of the Rules? (3) Whether in the facts and circumstances, the petitioner is entitled to the reliefs prayed for? The Prayers :2. The petitioner has made three fold prayers in this writ petition : (i) to quash that portion of the Notice-cum-Demand Note dated 25.5.1998 (as contained In Annexure-2) imposing a condition a...
Dinesh Singh Vs. Director, Institute of Medical Sciences, B.H.U. and a ...
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(2)AWC1196; (2002)3UPLBEC2203
Anjani Kumar, J.1. By means of this writ petition, petitioner has challenged an order passed by the respondent-university dated 26.11.1992 (Annexure-11 to the petition) whereby the petitioner's admission to M.B.B.S. course in the Institute of Medical Sciences, Banaras Hindu University, Varanasi has been cancelled. 2. Facts leading to filing of the present writ petition are that the petitioner, who was admitted to M.B.B.S. course in the year 1990under scheduled caste quota and on the basis of his performance in the pre-medical test, the petitioner could not have been admitted under General quota. University further says that it came to the knowledge of the university that the petitioner claims to be a scheduled caste candidate not on the basis of birth in a scheduled caste family but by adoption in a scheduled caste family. The university, therefore, directed the petitioner to produce necessary documents on the basis of which petitioner claims to be a scheduled caste candidate. On the a...
Titawi Sugar Complex Vs. Commr. of Cus. and C. Ex.
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002(82)ECC542; 2003(159)ELT101(All)
1. The petitioner has sought writ of mandamus commanding the Commissioner, Customs and Central Excise (Appeals), Mangal Pandey Nagar, Meerut, respondent No. 1, to decide the application for stay of the recovery of the dues and a further writ, order or direction in the nature of certiorari quashing the detention memo dated 29th November, 2001 and a direction restraining the respondents from realising the amount of Rs. 14,25,092 from it.2. Briefly, stated the facts, as stated in the petition, are that the petitioner is engaged in the manufacture and sale of sugar and molasses at its factory situated in village and post Titawi, District Muzaffarnagar. It, during the period October, 1995 to June, 1997, received number of consignments as inputs and the entry was accordingly made in R.G. 23A, Part I Register but did not make its corresponding entry for availing Modvat Credit in R.G. 23A, Part II on the advice of the Excise Officer. The petitioner was given a show cause notice, dated 21st Apr...
Satvir Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002CriLJ2214
M. Katju, J.1. This writ petition has been filed against the impugned detention order dated 2-5-2001 Annexure 1 to the petition passed under National Security Act.2. We have heard counsel for parties.3. In the grounds of detention, copy of which is Annexure 2 to the petition, it has been stated that on 15-1-2001 at about 3.45 P.M. one Madan Pal and his son Subhash were returning home with witnesses, When they reached near the house of the petitioner Satvir, the petitioner and some other persons armed with deadly weapons came out of the house and accosted them. The petitioner said that Subhas had given evidence in a case and hence he should be killed. On hearing this Subhas started running and the petitioner and his associates surrounded him and attacked him with deadly weapons and killed him. They did not allow others to come for helping Subhash. Due to this incident and firing, there was panic and terror in the Village and people ran inside their houses and public order was disturbed ...
Asha Shukla Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-25-2002
Reported in: 2002CriLJ2233
ORDERJ.C. Gupta, J.1. Smt. Asha Shukla wife of Dr. S.D. Shukla has filed this revision against the order dated 18-5-2001 passed by VI Addl. Chief Judicial Magistrate, Ghaziabad in case No. 522 of 2001 State v. Smt. Asha Shukla under Section 306 I.P.C. whereby the learned Magistrate on the basis of charge sheet submitted by police after investigation has taken cognizance and summoned the applicant as accused to face trial.2. Deceased of this case were smt. Nimisha and her husband Praveen Sharma. On 21-3-1998 they both were found dead as a result of hanging in the rented house of Praveen Sharma. Deceased Nimisha was the daughter of the applicant in revision while Praveen Sharma was son of Shri V.D. Sharma who in this revision has filed his own counter affidavit in reply to the affidavit filed on behalf of the applicant.3. In the affidavit filed in support of this revision it is alleged that the applicant is an educated lady of about 53 years of age. Her father was a Senior Professor and ...
Dr. V.P. Goyal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-24-2002
Reported in: 2002(1)AWC551; [2002(93)FLR897]; (2002)1UPLBEC904
Katju, J.1. Heard learned counsel for the parties.2. This writ petition has been filed praying for a writ of certiorari to quash the Impugned order dated 28.2.2001 (Annexure-5 to the petition) and for a mandamus directing the respondents to issue order for notional promotion and grant of personal pay scale to the petitioner with interest.3. The petitioner who possessed a M.B.B.S. degree joined as Medical Officer in Zila Parlshad Dispensary, Etmadpur, district Agra on 6.10.1963 on a substantive post, which was under the control of Panchayat Raj Department, State of U. P.4. Under the provincialization scheme, the State Government in the year 1977 provincialised the dispensary and the petitioner gave option on 23.12.1977 and opted to join the service of Medical Department of the U. P. Government. However, the petitioner was denied benefit of his service in the Panchayat Raj Department from 6.10.1963 to 23.12.1977. Hence, he approached the U. P. Public Service Tribunal which allowed his cl...
Ranjit Singh Vs. Taxation Officer, Motor Vehicles Department, Rampur
Court: Allahabad
Decided on: Jan-24-2002
Reported in: 2002(1)AWC738
Palok Basu and R. P. Misra, JJ.1. Recovery proceedings have been initiated through recovery certificate Issued by the Regional Transport Officer concerned against the two petitioners for recovering additional tax leviable under Section 6 of the Uttar Pradesh Motor Vehicles Taxation Act, 1997 (hereinafter referred to as the 'New Taxation Act') and the Rules framed thereunder known as U. P. Motor Vehicles Taxation Rules, 1998, published in the U. P. Gazette dated 10.11.1998 thereinafter referred to as the 'Rules'). Apart from questions of facts raised by the petitioners, the recovery proceedings have been challenged on the ground that there is no provision in the New Taxation Act so as to confer right on opposite parties to demand or levy or require payment of Addl. Tax on motor vehicles even if those are plying in the State without a valid permit under the Motor Vehicles Act [hereinafter referred to as the 'Central Motor Vehicles Act). Reliance has been placed on the Division Bench deci...
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