Allahabad Court October 2002 Judgments
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Sanjeev Chaturvedi Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(3)AWC1886
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. This case pertains to appointment on compassionate ground.3. The father of the petitioner, Shri Sheo Narain Chaturvedi, was a permanent Principal in Sarvodaya Inter College. Etawah (hereinafter called as the Institution). It is a private institution and is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.4. It is alleged by the petitioner that he has passed Intermediate examination and was dependent upon his father when he died in harness on 2.6.1992. The petitioner claimed appointment under Dying-in-Harness Rules in ministerial class III and class IV posts according to his qualifications. This Government order has been appended as Annexure-1 to the writ petition which is as under :^^1eq>s ;g dgus dk funsZ'k gqvk gS fd v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa ds'kSf{kd ...
Committee of Management, J.V. JaIn College and anr. Vs. Chaudhary Char ...
Court: Allahabad
Decided on: Oct-11-2002
Reported in: AIR2003All175
ORDERS.K. Singh, J.1. Pleadings between the parties is complete and thus, as prayed by learned counsel from both sides, the matter is being heard on merit and is being decided finally.2. Heard Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Pushkar Mehrotra on behalf of the petitioners, Sri Anurag Khanna who appears for respondents No. 1 and 2 and Sri W. H. Khan and Sri A. K. Gaur who appears for respondent No. 3. After hearing arguments from both sides, on the date when the Judgment was reserved, as prayed by learned counsel for the petitioner, time was allowed to file a written note with case law in the light bf the arguments so advanced. Both sides have filed written note which has been perused.3. At the time when the writ petition was filed, there happened a prayer for quashing the order of respondent No. 2 dated 11-12-2,001 (annexure 10 to the writ petition). By the aforesaid order, election dated 10-11-2000 in which committee of management headed by Anil Kumar Jain a...
State of U.P. Vs. Putti Lal and anr.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(3)AWC2213; [2003(96)FLR252]; (2003)1UPLBEC494
Anjani Kumar, J.1. After hearing learned counsel appearing on behalf of learned counsel for the parties this writ petition was dismissed by me on 11th October, 2002, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition. 2. By means of present writ petition under Article 226 of the Constitution of India petitioner-employer challenges the award of the Labour Court (2), U. P. Kanpur, dated 18th November, 1997, passed in Adjudication Case No. 151 of 1993, Annexure-1 to the writ petition. The State Government vide its order dated 21st July, 1993, referred the following dispute for adjudication before the labour court.^^D;k lsok;kstdksa }kjk Jfed Jhiqkh yky iq= Jh ca'kh/kj pkSdhnkj dks fnukad 16-9-1992 ls dk;Z ls i`Fkd@oafpr fd;k tkuk mfpr ,oa oS/kkfud gS ;fn ugh] rks lacaf/kr Jfed D;k fgrykHk@{kfriwfrZikus dk vf/kdkjh gS fdl frfFk ,oa vU; fooj.k ds lkFk **3. After receipt of the reference, the labour court issued notices to the parties...
Sheo Prakash Singh Vs. Chief Engineer, Minor Irrigation and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003(3)AWC1925
Rakesh Tiwari, J. 1. Heard learned counsel for the parties and perused the record.2. The petitioner was appointed as Assistant Boring Technician in the vacancy caused due to death of permanent incumbent Shri Brij Lal Singh who was working on the said post.3. The appointment of the petitioner as appears from Annexure-1 to the writ petition was for a period of three months only on the recommendation made by Shri Ram Yadav, Minister, Gram Vikas Evam Kshetriya Vikas, U. P., dated 31.10.1994. In pursuance of the recommendations, the Chief Engineer, Minor Irrigation, U. P., Lucknow, directed the Executive Engineer, Minor Irrigation, Mirzapur, on 29.3. 1995 and 5.4. 1995 telephonically and in writing to appoint the petitioner. The petitioner was given temporary, time-bound appointment for 3 months and his services were to come to an end on expiry of the aforesaid period of 3 months. However, the services of the petitioner were thereafter extended for one more month by order of the Executive E...
Shiv Murat Upadhaya and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: 2003CriLJ1109
Y.R. Tripathi, J.1. This appeal has been directed against the judgment and order dated 10th February, 1981 passed by Sri N. S. Shamshery, the then Vth Additional Sessions Judge, Varanasi convicting thereby Shiv Murat Upadhaya, Ram Dhani Upadhaya and Dashmi under Section 304, Part I of I.P.C. read with Section 34, I.P.C. sentencing each of them to undergo imprisonment for life.2. The facts leading to this appeal are that the deceased Hardeo was resident of village Vishunpura Khurd which lies within police circle Dhanapur of District Varanasi. He and some ladies of his family including his wife Barethi, daughter Dharmawati, Smt. Lakhaniya and Smt. Ramraji respectively, wives of his two real brothers Charan Deo and Indra Deo, and Smt. Parvati daughter-in-law of Indra Deo, used to do plantation of paddy seedling known as Ropani during the period, the incident took place. It is said that on the evening of 22-8-1978, a day prior to the incident when Hardeo along with aforesaid women of his f...
Rishi Pal Singh Vs. Labour Court and anr.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: [2003(97)FLR554]; (2003)1UPLBEC341
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. The brief facts of the case are that the petitioner was appointed as Compounder in M/s. Kiran Co-operative Sugar Factory Ltd., Sarsawa, District Saharanpur on permanent basis w.e.f, 1.8.1993. He was transferred to the Store though he was appointed as Compounder and due to annoyance of the General Manager of the Factory, he was placed under suspension. It is submitted that the aforesaid suspension of the petitioner was revoked on 14.2.1987 but salary for certain days of the suspension period, was illegally deducted. It is further averred in the writ petition that the General Manager of the Factor}' had forcibly obtained resignation from the petitioner on 25.3.1987 against his wishes and under duress.3. It has been argued by the Counsel for the petitioner that the petitioner was not having his normal physical health and state of mind and as such he could not understand that he was being forced to resign. It i...
Jai Shankar Tripathi Vs. Commandant, Railway Protection Force and ors.
Court: Allahabad
Decided on: Oct-11-2002
Reported in: (2003)1UPLBEC114
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. By means of this writ petition, the petitioner has prayed that a writ of mandamus be issued directing the respondents to issue him an appointment letter and has further prayed that the respondents be directed to send him for training on the said post of Constable in Railway Protection Force, New Delhi.3. The brief facts, as alleged in the writ petition, are that the petitioner was selected in pursuance of the vacancies published in February, 1992 for recruitment of Constables in Railway Protection Force. It is further averred in the writ petition that after having been found fit in the medical examination, he was issued luggage and uniform box but as no training centre was vacant at the relevant time, he was not called for training.4. In the counter-affidavit, it has been submitted that the applications for the post of Constable/RPF were invited vide, Employment Notice No. 1 of 1992, dated 24.8.1992 and not...
U.P. Steels Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-10-2002
Reported in: 2003(1)AWC145
R.H. Zaidi, J.1. 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 orders dated 10.2,1984 and 6.12.1983, passed by respondent No. 2 and order dated 23.10.1980, passed by respondent No. 3.2. The relevant facts of the case giving rise to the present petition, in brief, are that a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960, (for short 'the Act'), was served upon the petitioner calling upon it to show cause as to why the land mentioned in the said notice be not declared as surplus land. On receipt of the notice, the petitioner filed an objection pleading that no land out of its holding was liable to be declared as surplus, as the petitioner was in possession of the land within its ceiling limit, that the provisions of the Act were not applicable in the land in dispute, that 234 bighas 14 biswas and 15 biswansis of ...
Virendra Ojha and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-10-2002
Reported in: AIR2003All102
ORDER1. By filing this writ petition on 2nd September, 1999, the petitioners, who claim to have small agricultural holdings in which they grow sugar cane and supply sugar canes to Sugar Factories/Mills in Kushi Nagar reserved area, have come up with following prayers:--(i) to quash the Government Order No. 788 C. D./46-1996 dated 26-2-1996 issued by the Chief Secretary of the U. P. Government, as contained in Annexure 2, taking a decision to make payment of the price of the sugarcane supplied by the farmers through Banks directing them to open their Accounts in the Banks from the next crushing season and the consequential letters/orders dated 26-9-1996, 16-10-1996, 18-1-1997 and 17-10-1997 issued by the Cane Commissioner, U. P. (Respondent No. 3) as contained in Annexures 3, 4, 5 and 8 respectively directing payment of cane price to the cane growers and suppliers through Bank only. (ii) to direct the respondents to pay to the petitioners and other cane growers of the District Kushi Nag...
Shiv Prasad Pandey Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-10-2002
Reported in: 2003CriLJ1835; II(2003)DMC711
ORDERU.S. Tripathi, J.1. This petition under Article 226 of the Constitution of India has been filed for issue of a writ, order of direction in the nature of certiorari quashing the order passed by IV Additional Civil Judge, (Junior Division), Basti dated 13-5-2002 in Criminal Case No. 160 of 2001 State v. Shiv Prasad Pandey punishable under Sections 498A, 306, 504, 323, IPC, P.S. Chhawani District Basti and the order dated 28-6-2002 passed by Sessions Judge, Basti in Criminal Revision No. 269 of 2002 and for quashing the order issuing non bailable warrant against the petitioner in Criminal Case No. 160 of 2001.2. On 25-5-1998 at 4.30 p.m. Smt. Tara Devi opposite party No. 2- lodged a report against the petitioner and two other accused under Sections 498A, IPC and 3/4 Dowry Prohibition Act with the allegations that she was married with the petitioner according to Hindu rites and her gauna ceremony was performed 5 years ago. Her father had given Rs. 2,500/- cash, golden ring, golden cha...
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