Allahabad Court October 2002 Judgments
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Lakhan Singh Vs. Sub-divisional Magistrate and ors.
Court: Allahabad
Decided on: Oct-28-2002
Reported in: 2003(1)AWC67
Sunil Ambwani, J.1. Heard Sri T. P. Singh, learned counsel for petitioner and Sri Shashi Nandan, as well as learned standing counsel for respondents.2. By the impugned order dated 4th July, 2002, the Prescribed Authority/Sub-Divisional Magistrate, Moth, Jhansi, had allowed an application for recounting ballot papers in Election Petition No. 1 of 1999-2000 under Section 12C of U. P. Panchayat Raj Act, 1947.3. The facts, in brief, are as follows :'Election of Pradhan, Gram Panchayat, Poonchh Block and Tehsil Moth, District Jhansi was held for which nominations were received between 30.5.2000 and 3.6.2000. Ballots were cast on 14.6.2000. In the counting, petitioner was found to have secured 1,319 votes and was declared elected as against 1,297 votes cast in favour of Bhuwan Singh respondent No. 4. An election petition was filed by respondent No. 4 alleging corrupt practice against petitioner. It was stated that there were 4687 voter for which seven polling booths were established. In all ...
JamiruddIn Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Oct-28-2002
Reported in: 2003(1)AWC59
M. Katju, J.1. Heard learned counsel for the parties.2. This Writ Petition No. 49156 of 2000 and Writ Petition No. 38719 of 2001 are being disposed of by a common judgment.3. The petitioner in Writ Petition No. 49156 of 2000 has challenged the order of the District Magistrate, Siddharthnagar, dated 19.10.2000 Annexure-11 to the writ petition by which it has been declared that the petitioner Jamiruddin belongs to the general category and not to the Gaddi caste which belongs to the backward category.4. The petitioner fought election for the post of Member of Zila Panchayat, Siddharthnagar and he was elected as a Member. Annexure-1 to the writ petition is the certificate dated 27.6.2000, electing him as a member of the Zila Panchayat. The petitioner claimed to be Gaddi by caste which belongs to the category ofbackward caste. The post of Member of Zila Panchayat against which the petitioner was declared elected was reserved for the backward caste category. Annexure-2 to the writ petition i...
Rajveer Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-28-2002
Reported in: 2003(1)AWC292; (2003)1UPLBEC296
S.N. Srivastava, J. 1. By means of the present petition, the petitioner has assailed the orders dated 2.6.2001 passed by the Commissioner, Agra Division, Agra and the consequent order made by the respondent No. 2 dated 21.12.2001.2. The matrix of necessary facts is that the petitioner who had entered the service as Clerk in the Zila Parishad, Aligarh in the year 1967, came to be promoted as Senior Clerk and thereafter as Accountant in the year 1984. In the year 1993, his career suffered a set-back when his services came to be terminated vide order dated 5.6.1993. The petitioner challenged the order of termination by filing a writ petition in which the Court in its discretion granted interim order on 26.9.1993 staying operation of the termination order. Without going into minute details. It would suffice to state that ultimately, the termination order came to be recalled by the appointing authority vide order dated 16.5.2000 and the petitioner was re-situated in service. As a necessary ...
Reserve Bank of India Vs. Iqbal Ahmad and anr.
Court: Allahabad
Decided on: Oct-28-2002
Reported in: 2003(2)AWC904; (2003)1UPLBEC628
A.K. Yog, J.1. Heard learned counsel for the parties and perused the record.2. Facts of the case, required for the decision of the present second appeal, are as under :The defendant-petitioner, Reserve Bank of India, Kanpur Nagar, (called the Bank) issued an advertisement, dated 12.10.1980, inviting applications from eligible desirous candidates in order to select and appoint best available candidates on the post of English typist.Relevant extract of the advertisement, regarding educational qualification, is reproduced ;'Educational qualifications.--Candidates must : (i) have passed (securing at least 45% marks in English) either Matriculation or an equivalent examination or Intermediate Pre University Pre-degree course or an equivalent examination of arecognised Board or University or any higher examination belowGraduation, AND (ii) Possess a minimum speed of 40 words per minute in English typing.' 3. Apart from other candidates, plaintiff also applied in pursuance to the above adver...
Kashful Huda Vs. Additional District Judge (Court No. 2) and ors.
Court: Allahabad
Decided on: Oct-28-2002
Reported in: 2003(2)AWC1235
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, seeking quashing of the Judgment and order dated 8.8.2002 (Annexure-7 to the writ petition) passed by the learned Additional District Judge (Court No. 2) Kanpur Nagar (respondent No. 1) and the judgment and order dated 6.9.2000 (Annexure-6 to the writ petition) passed by the learned IInd Additional Judge, Small Causes Court, Kanpur Nagar (respondent No, 2).2. The dispute relates to an accommodation on the ground floor in House No. 94/118 (old) and 94/118A (new), Pech Bagh, Kanpur Nagar. The said accommodation has, hereinafter, been referred to as 'the disputed accommodation'.3. From the allegations made in the writ petition, it appears that the respondent No. 3 filed a suit against the petitioner, inter alia, alleging that the petitioner was the tenant of the plaintiff/respondent No. 3 in respect of the disputed accommodation ; and that the petitioner defa...
Lal Bahadur Vs. Krishi Utpadan Mandi Samiti and anr.
Court: Allahabad
Decided on: Oct-26-2002
Reported in: 2003(1)AWC211
S.N. Srivastava, J. 1. Petitioner who stood superannuated from the post of Chowkidar in Krishi Utpadan Mandi Samiti, Roora, Kanpur Dehat on 30.9.2001 after attaining the age of 60 years, by means of the present petition, has sought the relief of mandamus directing the respondents to pay him the amount of C.P.F. due against the services rendered by him.2. The background leading to the filing of the present petition is that the petitioner was sought to be retired at the age of 58 years and intimation to that effect was embodied in the notice dated 18.6.1999. The petitioner, to begin with, represented to the authorities soliciting his continuance in service upto the age of 60 years and since repeated approaches and representations did not yield any action, the petitioner instituted writ petition being Writ Petition No. 41524 of 1999 in which the Hon'ble Court made interim order by which effect and operation of the impugned order dated 18.6.1999 was stayed. The causative factor for filing ...
Madan Pathak Vs. Chief Security Commissioner (E.R.) and ors.
Court: Allahabad
Decided on: Oct-26-2002
Reported in: 2003(3)AWC1759; (2003)1UPLBEC149
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The father of the petitioner was appointed as a constable in Railway Protection Force, Eastern Railway, Sonpur. He moved an application before the Divisional Security Commissioner, Eastern Railway, Sonpur, for voluntary retirement on ground that due to health reasons, he is unable to perform his duties. His application was accepted and the petitioner's father was given voluntary retirement.3. The mother of the petitioner made a representation to respondent No. 2, Divisional Security Commissioner, Eastern Railway, Sonpur, for consideration of her husband's premature retirement and for treating her husband in continuous service. From the record, it appears that no application for reconsideration of premature retirement was moved by the father of the petitioner. In the meantime, father of the petitioner died and a representation was moved for appointment on compassionate ground. The representations were decided in...
Pavan Kumar Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-26-2002
Reported in: AIR2003All237
ORDER1. Heard counsel for the petitioner as well as the learned standing counsel representing respondents Nos. 1 to 3.2. Perused the record.3. The petitioner is aggrieved by the demand raised by the Taxation Officer. Lucknow imposing a tax liability for an amount of Rs. 80136.00 on the petitioner under the provision of U.P. Motor Vehicles Act, 1997. It is not disputed that the Truck bearing Registration No. U.P.T.-3038 in respect whereof the aforesaid demand has been raised is registered in the name of the petitioner and he is registered owner thereof as contemplated under the U.P. Motor Vehicles Act. The contention of the petitioner is that the impugned demand which relates to a period elapsing between 1-4-1997 and 30-6-2002 covers a period during which the motor vehicle, in question, was not in use at all. Therefore, it is urged that no tax liability could be fastened upon the petitioner to the extent as indicated in the impugned demand notice. In this connection, it has been urged t...
Uma Shankar Vs. District Judge and anr.
Court: Allahabad
Decided on: Oct-26-2002
Reported in: 2003(3)AWC1807
G.P. Mathur, J.1. The appellant Uma Shankar filed the writ petition praying that a writ, order, or direction be issued to the District Judge, Firozabad, to fill up the existing 14 vacancies as per Government order dated 2.2.1996. A further prayer was made that a writ of mandamus b e issued to District Judge, Firozabad, to allow the petitioner to work on Class III post against the existing 12 vacancies.2. The writ petition was dismissed by the learned single Judge by the judgment and order dated 8.2.2002.3. An examination was held in accordance with the Subordinate Civil Courts Ministerial Establishments Rules, 1947, for making appointment on posts in ministerial cadre in civil court, Firozabad. The result of the examination was declared on 22.5.1992 and a list of candidates containing 120 names was prepared. At the time of holding of examination, there were only 12 vacancies and the name of the appellant. Uma Shanker, was shown at Serial No. 85 in the merit list. Thus, he could not get...
Gokul Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Oct-26-2002
Reported in: 2003CriLJ1100
M.C. Jain, J. 1. The appellant Gokul was convicted under Section 376, I.P.C. and sentenced to rigorous imprisonment of five years by judgment dated 17-7-1981 passed by Sri J.N. Bansal, the then Sessions Judge, Lalitpur in S.T. No. 46 of 1981.2. The relevant facts may be taken note of. Smt. Raina Bai was a married lady. On 22-8-1980 she had gone from her village Torhi to the market within Police Station Bar, District Lalitpur to make sundry purchases. She had been accompanied by Gomti and Shyam Lal. She happened to be separated from them in the market and when she was about to return to her village, the appellant Gokul who was her uncle through village kinship met her and persuaded her to return to the village with him. She agreed as it was evening time. When both of them were passing by the temple of Bankhandi Hanuman near culvert, the appellant dragged her towards the culvert and threw her behind the bushes. Then he committed rape upon her forcibly in spite of her resistance. He had g...
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