Allahabad Court November 2002 Judgments
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Ram Ashish Chaudhary and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(1)AWC613
R.K. Agrawal, J.1. All these three special appeals have been filed against the judgment and order dated 1st May, 1998, passed by learned single Judge in Civil Misc. Writ Petition No. 33694 of 1997, whereby the learned single Judge had dismissed the writ petition.2. Special Appeal No. 386 of 1998, has been filed by Ram Ashish Chaudhary and Siya Ram Yadav, whereas Special Appeal No. 389 of 1998, has been filed by Ram Sewak Warun and Ram Charan Verma and Special Appeal No. 456 of 1998, has been filed by Krishna Chandra Chaudhary against the aforementioned judgment.3. Briefly stated the facts giving rise to these present special appeals are as follows :'All the appellants-writ petitioners claimed to have been appointed as teachers in the months of July and August, 1977 in Sri Ram Janki Inter College, Girdharpur, Kungai, district Siddharthnagar (hereinafter referred to as the 'Institution') which was at the relevant time, a Junior High School. The Institution was upgraded as High School and...
Gurcharan Industrial Works Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003(85)ECC592
R.K. Agrawal, J. 1. By means of the present writ petition, filed under Article 226 of the Constitution of India, the petitioner M/s. Gurcharan Industrial Works, seeks a writ, order or direction in the nature of certiorari quashing the orders dated 27.1.1999 and order dated 19.11.1999, said to have been despatched vide registered letter No. 5803 22.11.1999, contained in Annexures No. 7 and 9 to the writ petition.2. The petitioner has also sought a writ order or direction in the nature of mandamus commanding the respondents to refund the amount of Rs. 4,74,330 alongwith interest at the rate of 18% per annum from December 1987 till the date of payment.3. Briefly stated the facts giving rise to the present writ petition are that the petitioner claims to be a manufacturer of Rice Mill Plant and its part which fall under the tariff item No. 68 as it was existing during the relevant time under the provisions of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act). It ha...
Sita Ram Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: AIR2003All208
R.K. Agrawal, J.1. Writ Petition No. 6226 of 1988 has been filed by Sarv Sri Sita Ram Singh and Daya Shanker Mishra, practising lawyers of this Court seeking a writ, order or direction in the nature of mandamus commanding the opposite parties to produce the recommendation of the Advocate General for revising the emoluments of State Law Officers and appropriate direction be issued to implement the said recommendation forthwith. They also pray that the opposite parties be directed to pay the back emoluments of all State Law Officers including brief holders at Criminal side under Section 24 of the Code of Criminal Procedure. 2. Writ Petition No. 1159 of 1989 has been filed by Sri Shiva Ji Mishra and 6 other practising advocates of this Court seeking writ of certiorari quashing the standard of payment of there types of Rs. 2500/-, 3300/-, 3700/- and instead should be Rs. 4000/-basic pay scale and allowance as payable to Public Prosecutor of Magistrate Court appointed under Section 25 of th...
Mukund Lal Banarasi Lal Vs. Commissioner of Sales Tax and ors.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: [2004]135STC524(All)
R.K. Agrawal, J.1. By means of the present petition under Article 226 of the Constitution of India the petitioner M/s. Mukund Lal Banarasi Lal seeks a writ, order or direction in the nature of cer-tiorari quashing the order dated May 27, 1991 passed by the Sales Tax Tribunal, Bench III, Agra, respondent No. 5, filed as annexure 6 to the writ petition. It further seeks a writ in the nature of mandamus declaring Section 12-A(2) of the U.P. Sales Tax Act, 1948 as introduced by the U.P. Sales Tax (Amendment and Validation) Act, 1991 to be ultra vires.2. The brief facts giving rise to the present writ petition are as follows :The petitioner is a partnership firm, which is registered under the provisions of the U.P. Sales Tax Act, 1948 (hereinafter referred to 'the Act'), as also the Central Sales Tax Act, 1956 and is engaged in the business of wholesale trade and also acts as a commission agent. It deals in foodgrains, rice, etc. For the assessment year 1977-78, under the U.P. Sales Tax Act...
Sheo Nath and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-15-2002
Reported in: 2003CriLJ1318
M.C. Jain, J.1. The appellants are Sheo Nath, his son Sarvadeo and one Suresh who have been convicted under Section 324, I.P.C. read with Section 34, I.P.C. and each sentenced to undergo R.I. for two years by judgment dated 11th June, 1981 passed by Sri Hem Raj Ram, the then II Additional Sessions Judge, Ballia in S.T. No. 45 of 1981. The trial was held under Section 307, I.P.C. read with Section 34, I.P.C.2. The basis of the prosecution was the F.I.R. lodged by Rajendra Singh son of injured Gauri Shanker Singh P.W. 1 at the concerned police station on 25-11-1979 at 2.30 a.m. The incident took place in between the night of 24/25-11-1979 24/25-11-1979 close to midnight at the tube well of the complainant situated in Village-Katahura, Police Station, Rashra, District Ballia.3. The relevant facts are that in the evening of 24-11-1979 Sheo Nath and Suresh accused approached Gauri Shanker Singh for providing water for irrigation from his tube well. Gauri Shanker Singh expressed his inabilit...
Shiv Upendra Kumar and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: 2003(1)AWC331
Sunil Ambwani, J. 1. Heard Sri V.B. Singh, senior advocate, assisted by Sri Vijay Sinha for petitioners and learned standing counsel for respondents.2. In pursuance of an advertisement dated 15.6.1999 for selections to the post of Sub-Inspectors/Platoon Commanders in U. P. Police and P.A.C. respectively, petitioners applied for the post of Sub-Inspector. They succeeded in preliminary examination held on 6,2.2000, and also in physical test. In the main written examination held on 29.4.2001, they were not found successful and their roll numbers were not reflected for being called for interview in the final result published on 2.6.2001. Aggrieved, they have filed these writ petitions.3. The substance of challenge in the writ petitions is that petitioners have excellent academic record and that they had done fairly well in the main written examination. They have alleged that the answer books have not been properly evaluated. The examiner concerned did not have knowledge in particular subje...
Lalta Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: 2003(1)AWC397
M. Katju, J.1. This writ petition had initially been filed directing respondents to appoint the petitioner as Backward Class candidate to the post of Sub-Registrar on the basis of the U. P. Combined State/Upper Subordinate Services Examination, 1990, conducted by the respondents. By an amendment application, the petitioner challenged the order dated 27/30.11.2000 passed by the respondent No. 1 rejecting the representation of the petitioner. The petitioner claimed to be a Backward Class candidate. The U. P. Public Service Commission issued an advertisement dated 6/12.1.1990, Annexure-1 to the writ petition advertising several posts in the pay scale of Rs. 1,640-2,900. The categories of the post are mentioned in para 3 of the writ petition.2. It has been alleged in para 5 of the petition that the petitioner duly appeared in the aforesaid combined State Services Upper Subordinate Service Examination as Backward Class candidate. The written examination was held in the month of April/May, 1...
Rakesh Kumar Mishra Vs. Chairman, U.P. State Yarn Co. Ltd. and anr.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: 2003(1)AWC451
ORDERM. Katju and Rakesh Tiwari, JJ.1. This writ petition has been filed against the impugned order dated 8/9.2.2000, Annexure-7 to the petition and for a mandamus directing respondent Nos. 1 and 2 to make payment of salary, allowances etc.2. The petitioner was appointed as Assistant Accounts Officer, Rasra, district Ballia in the service of the U. P. State Yarn Company Ltd. vide order dated 25.7.1987, Annexure-1 to the writ petition. The petitioner was subsequently given the work as Accounts Officer vide order dated 13.9.1991, Annexure-2 to the writ petition in addition to his duty till the joining of the new incumbent. Subsequently, he was transferred to the Head Office by the order dated 25.9.1993 vide Annexure-3 to the writ petition. He was then assigned duty as Stores Purchase Officer vide order dated 11.6.1993 and subsequently, transferred to the Banda Unit vide order dated 29.7.1997, Annexure-5 to the writ petition.3. The petitioner was suspended by order dated 19.9.1998 and an ...
Ram Chandra Misra Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: 2003(1)AWC333
N.K. Mehrotra, J. 1. Petitioners of Civil Misc. Writ Petition Nos. 27196 of 2002 and Civil Misc. Writ Petition No. 20539 of 2002, Sri Ram Chandra Misra and Sri Bhavesh Misra are Apar Mukhya Adhikari in Zila Panchayat. Petitioners of Civil Misc. Writ Petition No. 29449 and 34752 of 2002 Dr. Mohan Lal Sharma, Dr. Brahm Pal Slngh Chauhan and Dr. Ram Kishan Gupta are Medical Officers of Zila Panchayat. All the five petitioners in the aforesaid writ petitions have challenged the notice of their retirement at the age of 58 years. All the petitioners belong to Central Transferable Cadre of Zila Panchayat. The contention of the petitioners is that the Government has enhanced theage of superannuation of the Government servants from 58 years to 60 years and they are also entitled to the benefit of the enhanced age of superannuation of the Government servants because of the Rules relating to their Cadre are silent about the age of superannuation and Rule 18 of the Rules specifically provides that...
Raj Nath Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: 2003(1)AWC403; [2003(96)FLR3]
M. Katju, J. 1. This writ petition has been filed against the impugned order dated 13.12.2001, Annexure-12 to the writ petition rejecting the representation of the petitioner claiming promotion to the post of Principal Grade II. The petitioner has also prayed for a mandamus directing the respondents to consider him for the post of Principal from the date from which the junior persons to him had been promoted.2. In this case on 15.1.2002, learned standing counsel was granted three weeks time to file counter-affidavit. Thereafter on 8.4.2002 one month's time was allowed to file counter, and ultimately on 8.5.2002 three weeks and no more time was allowed to file counter-affidavit. However, no counter-affidavit has been filed so far, and hence we are presuming the allegations in the petition to be correct.3. It is alleged in paragraph 3 of the petition that on the basis of the selection made by the U. P. Public Service Commission, Allahabad, the petitioner was selected and appointed Forema...
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