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Allahabad Court February 2002 Judgments

Feb 07 2002

Saurabh Gupta Vs. Chairman, Counselling Board, C.P.M.T., 2000-01 and a ...

Court: Allahabad

Decided on: Feb-07-2002

Reported in: 2002(2)AWC890

V.M. Sahai, J. 1. The petitioner appeared in C.P.M.T. Examination, 2001 under physically handicapped category. In the result the petitioner's over-all rank was 2126 and his rank in physically handicapped category was 18. He was required to produce a certificate at the time of counselling from the special medical board (in brief Board) constituted by the respondents in accordance with Clause 3 (chha) of the brochure that he was medically suitable to pursue medical studies. The first counselling was scheduled to be held on 25.9.2001. In paragraph 5.3 of the brochure, the dates of counselling were mentioned. It is not disputed by the respondents that the petitioner appeared before the board on 15.9.2001 whereas counselling was scheduled to commence from 25.9.2001. The board did not Issue medical certificate to the petitioner. It further did not Issue any rejection certificate to him that he was medically unfit to pursue medical education. The petitioner was running before the board for Is...

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Feb 07 2002

Rajpal Singh Alias Rajveer Singh Vs. Abdul Haq Khan and anr.

Court: Allahabad

Decided on: Feb-07-2002

Reported in: 2002(2)AWC1150

A.K. Yog, J. 1. Heard Sri Pradeep Kumar, learned counsel for the petitioner as well as Sri Atiq Ahmad Khan, learned counsel for the contesting respondent No. 1.2. The petitioner who happened to be the tenant in the residential accommodation popularly known as Haq Lodge, situate at Civil Lines, Near City Board Office/Civil Hospital, Bulandshahr City, district Bulandshahr, seeks to challenge the impugned judgment and order dated 10.12.2001 (Annexure-7 to the writ petition) passed by the appellate authority in exercise of its jurisdiction under Section 22 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P, Act No. XIII of 1972 (for short called 'the Act'), allowing Rent Control Appeal No. 4 of 1995. Abdul Haq Khan v. Rajpal Singh alias Rajveer Singh and Ors., allowed the release application under Section 21 (1) (a) of the Act. initially rejected by the prescribed authority under Section 21 (1) (a) of the Act, vide, judgment and order dated 10.3.1995 (Annexu...

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Feb 07 2002

Gajendra Singh and ors. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Feb-07-2002

Reported in: 2002(3)AWC2130

R.B. Misra, J. 1. There are two Writ Petition Nos. 24518 of 1996 and 24261 of 1996 filed by the petitioners, by consent of the parties both the writ petitions are decided by a common judgment. Writ Petition No. 24518 of 1996 being leading case.2. In the writ petition, prayer has been made to issue an order, direction or writ of certiorari quashing the selection list dated 30.11.1999 (Annexure-1), from serial Nos. 453 to 593 published by the respondent No. 5 and has further sought writ of mandamus directing the respondents to make fresh appointment to the post of Warder in Jail of Agra Range.3. Heard Sri Satish Dwivedi, learned counsel for the petitioners and learned standing counsel for the State.4. The relevant facts necessary for adjudication of the cases are that for appointment to the post of Warders in Agra Central Jail, an advertisement was issued on 12.9.1995, the petitioners participated in the selection and the final selection list was prepared wherein, the petitioners were no...

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Feb 06 2002

Chiraunji Lal Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Feb-06-2002

Reported in: 2002(2)AWC946; [2002(93)FLR206]; (2002)IIILLJ15All

S.K. Sen, C.J.1. We have heard Sri B.K. Narayan, learned counsel for the appellant and Sri Manish Goyal, learned counsel appearing for the respondents.2. This special appeal is directed against the order dated 22nd July, 1999, passed by the learned single Judge in Civil Misc. Writ Petition No. 21562 of 1991, whereby the learned single Judge dismissed the writ petition only on the ground of availability of alternative remedy under the U.P. Industrial Disputes Act. 3. Short facts involved in the writ petition as also in the special appeal, inter-alia, are that the writ petitioner-appellant was originally appointed as apprentice clerk on 8th January, 1986 and was working as daily wager since 10th January. 1987 in Nagar Nigam. Aligarh. In view of the Government order dated 25th October, 1989, which provides that on cut off date, i.e., 11th October, 1989, if the dally wager has worked for 240 days continuously for three years, such daily wager is entitled for the benefit of regularisation. ...

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Feb 06 2002

Mustafa HussaIn Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Feb-06-2002

Reported in: 2002(2)AWC951; [2002(94)FLR951]

D.S. Sinha, J.1. Heard Sri S.A. Gilani, learned counsel appearing for the petitioner and Sri V.N. Agarwal, learned standing counsel of the State of U.P., representing the respondents.2. Instant writ petition under Article 226 of the Constitution of India is directed against the order and judgment of the U.P. Public Service Tribunal-1, Lucknow, the respondent No. 2, dismissing the claim petition of the petitioner filed under Section 4 of U.P. Public Services (Tribunal) Act, 1976 and upholding the validity of the order dated 3rd June, 1984, passed by the Collector, District Banda, the respondent No. 3, whereby the services of the petitioner had been terminated. The relevant facts, as they emerge from the record, are these.3. The petitioner was appointed as peon on the recommendation of the selection committee and with the approval of the Collector, Banda, and deputed under the control of the Public Prosecutor, Karvi, vide order dated 9th September, 1982, a copy of which is Annexure-1 to ...

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Feb 06 2002

Smt. Savita Verma and anr. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Feb-06-2002

Reported in: 2002(2)AWC1081; (2002)2UPLBEC1437

G.P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed for quashing of the recovery certificate dated 27.12.2001 issued against the petitioners directing them to deposit Rs. 30,300.2. The petitioner No. 1 claims to be the head mistress and petitioner No. 2 claims to be a member of the Committee of Management of an unaided institution known as Rubi Primary School, situate in Juhi, Kanpur Nagar. The State Government gives scholarship to Scheduled Caste students who are studying even in the unaided institutions. A report was received that a substantial amount of money had been withdrawn by the alleged managers and principals of the institutions, which were actually not in existence, by submitting forged and fictitious documents showing disbursement of scholarship to Scheduled Caste students. An enquiry was conducted and then it was found that between 1997-98 and 1999-2000 a sum of Rs. 1.75.32.660 (Rs. one crore seventy-five lakhs thirty-two thousand six ...

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Feb 06 2002

Mahboob Ali Vs. Supdt., District Jail and ors.

Court: Allahabad

Decided on: Feb-06-2002

Reported in: 2002(2)AWC1284

S.R. Singh and R.K. Dash, JJ. 1. Heard Sri D.S. Mishra, learned counsel for the petitioner and Sri A.K. Tripathi, learned A.G.A. representing the State.2. We have also perused the impugned detention order dated 17.12.2001 passed by the District Magistrate, Jyotiba Phulenagar in exercise of power under Section 3(2) of Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act. 1980. Pursuant to the order Impugned herein, the petitioner has been detained in District Jail, Moradabad. The grounds of detention, copy of which has been annexed as Annexure-2, would indicate that the detention order has been passed on two grounds. The first ground relates to an incident dated 17.3.1999 on the basis of which a Case Crime No. 49 of 1999 under Section 3/7 of the Essential Commodities Act was registered at Police Station Rajabpur dtrict Jyotiba Phulenagar. The second incident on which the detention order is grounded is of 30th May. 2001. on the basis of which a Case Crim...

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Feb 06 2002

D.S.M. Group of Industries and anr. Vs. Chairman, Trade Tax Tribunal a ...

Court: Allahabad

Decided on: Feb-06-2002

Reported in: [2004]134STC255(All)

I.M. Quddusi, J.1. This revision has been filed under Section 11 of the U.P. Trade Tax Act (hereinafter referred to as 'the Act') by M/s. D.S.M. Group of Industries against the judgment and order dated October 23, 1999 passed by the division Bench of Trade Tax Tribunal, Moradabad in Appeal Nos. 2 of 1999 (for the year 1988-89) and 3 of 1999 (for the year 1989-90) under Section 22 by revising its earlier judgment/order dated October 28, 1998 and July 2, 1999. The Commissioner of Trade Tax, U.P., Lucknow had not filed any revision under Section 11 challenging the impugned order dated October 23, 1999.2. The facts of the case in brief are that M/s. Dhampur Sugar Mills Limited, a registered dealer under the Act was assessed under Rule 41(8) read with Section 7 of the Act for the assessment year 1988-89 and disputed the taxability on bagassee, molasses, iron and steel scrap, stock transfer of molasses by its Mansurpur Sugar Mills to Swarup Vegetable Products Ltd., taxing straw board was rej...

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Feb 06 2002

Ram Sukhi Alias Laloo Vs. State of U.P.

Court: Allahabad

Decided on: Feb-06-2002

Reported in: 2002CriLJ2081

1. This appeal has come up for hearing having been expedited by the order dated 2-11-2001 of the Hon'ble The Chief Justice.2. By the judgment and order dated 27-8-1997 passed by Shri Ashok Srivastava, the then VIIIth Addl. Sessions Judge, Allahabad, the appellant has been convicted and sentenced to imprisonment for life under Section 302 I.P.C. and also to a fine of Rs.5000/- and in default of payment of fine to undergo one year R.I. Aggrieved by the said judgment, the present appeal has been preferred by the appellant.3. The deceased of this case was Ramesh Kumar aged about 14 years. He was grand son of Ram Sundar Pasi complainant. The dead body of Ramesh Kumar was found on 29-10-1989 in the afternoon at about 1 p.m. in the paddy field of Shripat Maurya, which was situated in the south of Sharda Sahayak Rampur Branch Canal. Ram Sundar Pasi lodged written report at police station. Phoolpur at 2 p.m. on the same day stating therein that in the preceding evening at about 5 p.m. Ramesh Ku...

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Feb 06 2002

D.S.M. Group of Industries and anr. Vs. State of Uttar Pradesh and ors ...

Court: Allahabad

Decided on: Feb-06-2002

Reported in: [2006]146STC265(All)

I.M. Quddusi, J.1. This revision has been filed by M/s. Dhampur Sugar Mills Ltd., Under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') against the order dated October 23, 1999 passed by the Trade Tax Tribunal, Moradabad, by which its earlier order dated July 2, 1999 passed in Appeal Nos. 258 to 263 of 1998 and Appeal Nos. 50 to 53 of 1999 (for the year 1998-99) Filed against the provisional assessment orders for the months of May, 1998 to September, 1998, was revised Under Section 22 of the Act.2. The facts of the case, in brief, are that the revisionist was granted licence by the Ministry of Industries, Government of India, under the Industries (Development and Regulation) Act, 1951 for the manufacture of chemicals in their factory at Dhampur. The revisionist, M/s. Dhampur Sugar Mills Ltd., which had fixed investment of Rs. 52 crores on March 31, 1991, had invested Rs. 15.12 crores in establishing chemical plant at their factory at Dhampur up to Augu...

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