Allahabad Court October 2002 Judgments
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Badan Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(1)AWC196
M. Katju, J. 1. By means of this writ petition, the petitioners have prayed for a writ of certiorari to quash the impugned orders dated 23.4.2002 and 26.4.2002, Annexures-3 and 4 to the writ petition and for a mandamus directing the respondents not to interfere with the functioning of the petitioner No. 2 as Committee of Management of the Co-operative Society in question till 6.3.2004.2. The petitioners are relying on the U. P. Co-operative Societies (Amendments) Ordinance, 200.1, being Ordinance No. 27 of 2001 copyof which is Annexure-2 to the writpetition. By means of this Ordinance the term of the society has been extended from 3 years to 5 years.3. In Committee of Management u. Registrar, Co-operative Societies, 2002 (2) AWC 1353, a Division Bench of this Court held that if the term of the Committee of Management has not expired before the date of the promulgation of the above Ordinance on 24.12.2001, its term will continue for five years in view of the above Ordinance. However, su...
Smt. Shalu Sharma Vs. Ajay Sharma
Court: Allahabad
Decided on: Oct-04-2002
Reported in: AIR2003All18
ORDER1. Heard Sri M.K. Gupta counsel for the petitioner. 2. By his writ petition the petitioner has prayed for quashing of the order dated 27-8-2002 passed by the XIII Additional District Judge, Ghaziabad in Civil Appeal No. 45 of 2002 by which the application of the petitioner 13-C challenging the jurisdiction of the appellate Court has been rejected. 3. Facts giving rise to this writ petition, briefly stated, are: The petitioner filed a petition for divorce in the Court of the Civil Judge (Senior Division), Ghaziabad which are registered marriage petition No. 679 of 2000. In paragraph 11 of the plaint it was mentioned that the suit is tentatively valued at Rs. 1,00,000/-and Court-fees of Rs. 37.50 for divorce and Rs. 37.50 for return of articles have been separately paid. The 3rd Additional Civil Judge (Senior Division) vide its judgment dated 31-1-2002 granted decree of divorce and also directed for return of articles as mentioned in the plaint. Against the judgment and decree dated...
Mohan Lal Arya Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Oct-04-2002
Reported in: AIR2003All11
G.P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents to decide the issue of citizenship of the petitioner at the earliest possible time and further not to deport him to Pakistan till the matter is decided.2. It is averred in the writ petition that the petitioner Mohd. Ayub was born on 7-5-1921 in Meerut city in a family of Sheikh Muslims. He joined the services of Indian railways and in the year 1946 he was transferred from Kalka to Lahore where he was posted at the lime of partition of India in the year 1947. His family was living at Meerut and he remained at Lahore on account of his job. It is averred in paragraph 4 that when his mother died in the year 1954, he obtained a passport from the Government of Pakistan and came to India to attend her funeral rites. In paragraph 5 it is averred that the petitioner changed his religion and became a Hindu at Arya Samaj, Delhi, and his nam...
Sharda Prasad Mishra and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(2)AWC1346
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. By means of this pelition, the petitioners have challenged the order, dated 23.5.1991 passed by respondent No. 2 by which they were directed to deposit Rs. 26,260 in the Government Treasury which pertains to the salary amount earned by them after they retired from service in mid-session but worked for the whole session under the order of this Court.3. The petitioners have come to this Court for the following reliefs :'(i) a writ, order or direction in the nature of 'certiorari' quashing the order of respondent No. 2, dated 23.5.1991 contained in Annexure-lV to the writ petition ; (ii) a writ, order or direction in the nature of mandamus calling upon the respondents to release the pension, gratuity and other service benefits forthwith ; (iii) a writ, order or direction in the nature of mandamus directing the respondents to make payment of interest on pension and gratuity which has not been paid and also ...
Ramraj Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(2)AWC1634
R.H. Zaidi, J. In both these petitions common questions of law and fact are involved and parties are also the same. They were, therefore, heard together and are being disposed of by this common judgment. Writ Petition No. 8683 of 1982 shall be the leading case.2. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 8.7.1982 passed by the respondent No. 1 allowing the revision filed by the respondent No. 3, under Section 48 of the U.P. Consolidation of Holdings Act (for short 'the Act').3. The relevant facts of the case giving rise to the present petitioner, in brief, are that in the basic year, khata No. 137 of village Shivasara, district Basti was recorded in the name of petitioner. Respondent No. 3 filed an objection claiming co-tenancy rights in the said khata. Objection filed by the respondent No. 3 was contested and opposed by the petitioner w...
R.R. Shah Vs. Vice Chancellor, University of Allahabad and ors.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(2)AWC1638; (2003)1UPLBEC234
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner was appointed on the post of temporary Routine Grade Clerk w.e.f. 1st March, 1981, subject to approval of Director of Education, Allahabad. At the time of joining the said post, he had submitted his High School certificate with a written undertaking that he will pass the Intermediate examination to comply with the requirement of qualification necessary for the post within the limited prescribed time. Inspite of sufficient opportunity to qualify the Intermediate examination, he was not able to submit Intermediate examination certificate or mark sheet.3. Counsel for the petitioner contends that the services of the petitioner have been terminated without holding any enquiry. It is contended that he has continuously worked as Routine Grade Clerk in William Holland University College till he fell ill on 1.3.1990. It is averred that he sent application for leave w.e.f. 1.3.1990 to 30.5.1990, but due to...
Anil Kumar Agarwal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(2)AWC1615; (2003)1UPLBEC200
Sunil Ambwani, J. 1. By this writ petition, a physically handicapped person with locomotor disability, has prayed for a direction to the respondents to give him appointment as Junior Engineer (Civil) on the basis of selection vide advertisement No. 3/98-99 issued by the U.P. Public Service Commission, Allahabad and to permit him to function as Junior Engineer (Civil) in Public Works Department of the State.2. I have heard Sri Ashok Khare, senior advocate, assisted by Sri Ajai Kumar Srivastava, and Sri Ravi Ranjan, learned standing counsel for the respondents. Both the parties have agreed for final disposal of writ petition at this stage.3. U.P. Public Service Commission issued an advertisement No. 3/98-99 inviting application to fill up vacancies in Irrigation, Minor Irrigation and Public Works Department. The advertisement specified 496 posts of Junior Engineer (Civil) as special recruitment for filling up back-log vacancies of Scheduled Caste and Scheduled Tribes, as also 436 posts o...
Lalji Singh Yadav and ors. Vs. Presiding Officer, Labour Court and anr ...
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003(3)AWC1923; [2002(95)FLR830]
Anjani Kumar, J. 1. This writ petition under Article 226 of the Constitution of India is directed against the award of the labour court, Varanasi, dated 8.9.1995, Annexure-1 to the writ petition, passed in Adjudication Case Nos. 145, 146 and 148 of 1989 and 53 of 1998, whereby the labour court has rejected the claim of the petitioners-workmen on the ground that the workmen concerned are not covered by the definition of 'workman' and their alleged termination cannot be said to be covered by the definition of retrenchment, inasmuch as petitioners Amar Nath, Surendra Nath Singh Yadav and Lalji Singh Yadav have worked from 1.3.1987 to 31.5.1987 ; 24.2.1987 to 23.5.1987 and 21.2.1987 to 20.5.1987, respectively for a period of three months. With regard to another workman, namely, Hosiyar Prasad involved in other adjudication case, since the labour court has accepted his case, therefore, this petition has been filed by three petitioners, whereby the labour court refused to grant them any reli...
Paras Nath and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2003CriLJ1310
R.C. Deepak, J.1. This is a criminal appeal against the judgment and order of the then VIth Additional District and Sessions Judge, Allahabad dated 24-1-1981 in S.T. No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34, I.P.C. to life imprisonment.2. The prosecution case briefly stated is that on 8-11-1979 at about 7.30 p.m. the informant Ram Badan's brother Ram Chandar deceased was sitting on a Takhat in front of the door of his house. At that time the accused appellant Sukru happened to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the mean time, Munni Lal Premi Son of Kanhai Lal, Prabhu Nath Son of Vishram, Ram Narain alias Narain, brother-in-law of Munni Lal Premi, Paras Nath Son of Titir, Jamuna Son of Kakhnu, Ganga Ram Son of Khakhnu, Babu Lal Son of Ram Autar and Sant Lal Son of Ram Autar with the common object of killing Ram Chander pounced upon him while inciting, exciting and provoking o...
Mangali and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-04-2002
Reported in: 2004CriLJ1303
R.C. Deepak, J.1. This is a criminal appeal against the Judgment and order of the then Additional Sessions Judge, Shahjahanpur dated 24-3-1981 in Sessions trial No. 427 of 1989 convicting the abovenamed accused-appellants under Section 302/149, IPC and sentencing them thereunder to imprisonment for life and three years' RI under Section 148, IPC while directing both the sentences to run concur- rently,2. The prosecution case briefly narrated is that Itwari and Hira Lal (deceased) sons of Sumer were residents of village Mohar Tola P.S. Nigohi District Shahjahanpur. They were living jointly in one and the same house. All the accused-appellants except Malkhan, as mentioned earlier, are residents of the same village Mohar Tola. It is alleged that there elapsed nearly four months since mother of the appellant Mangali was murdered. In her murder case, Mangali implicated Itwari, Hira Lal and two others. Itwari and Hira Lal were consequently enlarged on bail. Consequently they were as usual lo...
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