Allahabad Court March 2002 Judgments
Aruvendra Kumar Garg and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-22-2002
Reported in: 2002(2)AWC1489; (2002)2UPLBEC1483
S.R. Singh, J. 1. This judgment will dispose of all the four writ petitions above mentioned which have been heard together and in which same question as to constitutional validity of the relevant service rules is involved.2. Writ Petition No. 17949 of 1998, Atibal Singh v. Chief Secretary, U. P. and Ors. and Writ Petition No. 19844 of 2000. Sansvir Singh and three Ors. v. State of U. P. and Ors., have been instituted for quashing and declaring notifications dated 4.8.1997 and 25.9.1997 as ultra vires of Articles 14 and 16 of the Constitution. Issuance of a writ in the nature of certiorari quashing the order dated 18.11.1999 issued by the respondent No. 2 thereby declaring vacancies in the posts of Assistant Engineer (Civil) to be filled by promotion of diploma holder Junior Engineers and degree holder Junior Engineers in given numbers has been prayed for in Writ Petition No. 19844 of 2000 filed by Sansvir Singh and three others who are all degree holder Junior Engineers and so is Atlba...
Tag this Judgment!Govind Prasad Vs. Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Mar-22-2002
Reported in: 2002(3)AWC1878
S.K. Singh, J. 1. By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorart quashing the order dated 14.1.1993 (Annexure-6 to the writ petition) passed by the respondent No. 1 by which the vacancy has been declared.2. The dispute in the present writ petition relates to the accommodation known as House No. 6/245 Belanganj, Agra. The respondents happened to be the owner of the aforesaid premises and the petitioner is the tenant at monthly rent of Rs. 7. On 15.10.1991, an application was filed by the respondents under Section 16 (1) (b) of the Act for release of the premises on the ground that the petitioner/ tenant has acquired a residential building, i.e., No. 11-T/B-667, situated in Trans Yamuna Colony, Agra in a vacant state and as such, premises will be deemed to be vacant and thus available for release. The respondents further claimed that their family consists of six persons and due to growing need of the family members, the premis...
Tag this Judgment!Ram Chander Bhartiya, Advocate Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-22-2002
Reported in: 2002(3)AWC2072; [2002(92)FLR213]
Jagdish Bhalla and Bhanwar Singh, JJ. 1. Certain issues create a platform on which someone can just rise and emerges into instant limelight. This practice of indulging into sensitive and important matters should be checked and curbed with a firm will so that the habit of sensationalisation is put to an end. 2. The dispute regarding Ram Janam Bhumi and Babri Masjid is one of such matters, accordingly petitions are being filed before this Court. Writ Petition No. 1197 (M/B) of 2002, Sushil Vidyarthi v. Union of India and Ors., was filed before this Court by a journalist only few days ago. Now instead of journalist, a member of the Bar from Ajmer, Rajasthan has come before this Court with a prayer that a direction be issued for the construction of Babri Masjid at Ayodhya on the disputed site. It has been further prayed that 'Ram Chabutra' and 'Kaushalya Rasoi' be also constructed where the same were situated and after the construction of such Masjid, an arrangement for security be made an...
Tag this Judgment!Abdul Aziz Vs. State of U.P.
Court: Allahabad
Decided on: Mar-22-2002
Reported in: 2002CriLJ2913
ORDERB.K. Rathi, J. 1. This is a petition under Section 482 Cr.P.C. with the request to release the petitioner on bail in case crime No.257 of 2001, under Section 8/21 of N.D.P.S.Act, police station Maduadeeh, district Varanasi with alternative prayer to pass appropriate order.2. The facts of this case are that a case under Section 8/21 N.D.P.S. Act has been registered against the petitioner at case crime No. 257 of 2001, police station Maduadeeh, district Varanasi. According to prosecution the petitioner was found in possession of 2.5 gm. of hereoine. The petitioner moved an application for bail before the Magistrate which was rejected. Thereafter, the petitioner moved Bail Application No.381 of 2002 before the Sessions Judge, Varanasi which have been rejected on 20-02-2002. It appears from that order of the learned Session Judge, Varanasi that it was argued by the petitioner that the offence is bailable and therefore, he is entitled to bail under Section 436 Cr.P.C. The entire argume...
Tag this Judgment!Super House Leather Ltd. Vs. Saggittarians International Ltd. and anr.
Court: Allahabad
Decided on: Mar-21-2002
Reported in: 2002(2)AWC1539
G. P. Mathur, J. 1. This appeal has been preferred by the plaintiff under Order XLIII. Rule 1 (r). C.P.C. against the order dated 29.1.2002 of Civil Judge (Sr. Division) by which the application No. 5C moved by the plaintiff for grant of interim Injunction was rejected. 2. The plaintiff M/s. Super House Leather Ltd. filed O.S. No. 423 of 2001, impleading Saggittarlans International Ltd., Calcutta and Punjab National Bank as defendant Nos. 1 and 2. The only relief claimed in the suit is that a decree for permanent injunction be passed in favour of the plaintiff and against the defendants whereby defendant No. 1 be restrained to encash the Letter of Credit from defendant No. 2 (bank) and the defendant No. 2 be restrained from making payment of Letter of Credit No. 35 of 2000, dated 12.10.2000 to defendant No. 1. 3. The case of the plaintiff, in brief, is that in pursuance to a concluded contract between the parties, the defendant No. 1 had supplied one TOE LASTING MACHINE on 27.10.2000 a...
Tag this Judgment!Mahesh Kumar Sharma Vs. District Inspector of Schools, Mathura and anr ...
Court: Allahabad
Decided on: Mar-21-2002
Reported in: 2002(2)AWC1624; [2002(94)FLR310]; (2002)3UPLBEC2452
R.B. Misra, J. 1. In this writ petition, the petitioner has sought direction in the nature of certiorari quashing the order of termination dated 17.7.1995 passed by the Manager of the college and for further direction to the respondents not to interfere in the working of the petitioner and to make payment of salary of Lecturer's grade to the petitioner as and when It falls due. 2. 1 have heard learned counsel for the petitioner and learned standing counsel for the respondents. 3. The brief facts necessary for adjudication of the writ petition are that the institution known as Gram Swalambi Vidayalaya inter College, Brijgaon Chhatikara, district Mathura governed by the provisions of U. P. Intermediate Education Act. 1921 and Secondary Education Act, 1982, in which short term vacancy arose in the lecturer grade in the year July, 1990, when the lecturer of Physics proceeded on leave from 2.7.1990. The Committee of Management on 22.7.1990 resolved to fill the short term vacancy till Sri Ay...
Tag this Judgment!Anant Kumar Tiwari and ors. Vs. State of U.P. and ors. Etc. Etc.
Court: Allahabad
Decided on: Mar-21-2002
Reported in: (2002)2UPLBEC1327
Anjani Kumar, J.1. These groups of Writ Petitions have been filed by the petitioners under Article 226 of the Constitution in which the common questions of law and facts are involved and since all these writ petitions raises common questions, they are being heard together and are decided by the common judgment. Learned Counsel argued treating Writ Petition No. 37124 of 2001 to be leading writ petition in which counter-affidavit, rejoinder affidavit, supplementary affidavit, supplementary counter and supplementary rejoinder affidavits have been exchanged. All the learned Counsel for petitioner a well as learned Standing Counsel have made the statement that no further affidavits are required in each writ petition. The petitioners have prayed for the following reliefs :-'(A) To, issue a writ, order or direction in the nature of certiorari call the record of the case and advertisement dated 14.8.2001 (Annexure-1 to the writ petition) and quash the advertisement dated 14.8.2001 to the exten...
Tag this Judgment!Mohammad Suleman Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-21-2002
Reported in: 2002CriLJ2725
J.C. Gupta, J.1. The petitioner-Mohd Suleman has been detained under Section 3(2) of the National Security Act, 1980, hereinafter referred to as 'NSA', on the basis of order dated 8-4-2001 passed by Shri B.S. Bhullar, the then District Magistrate Kanpur Nagar which was served upon the petitioner along with the grounds of detention. The grounds of detention were based upon a number of incidents in respect of which cases have been registered at different police stations. They were Crime Nos. 91 of 2000, 7 of 2001, 20 of 2001,39 of 2001 and 92 of 2001. in the grounds of detention after narrating the facts relating to the aforesaid crime numbers, the District Magistrate recorded his subjective satisfaction that on account of criminal activities of the petitioner and his associates public order of the entire Kanpur District has been disturbed. in the said order it has been also stated that the petitioner was already detained in jail in connection with case crime No. 91 of 2000 under Section...
Tag this Judgment!Rajesh Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-20-2002
Reported in: 2002(2)AWC1480; [2002(93)FLR703]; (2002)3UPLBEC2256
R.B. Mishra, J. 1. In the present writ petition, the petitioner has sought writ of mandamus commanding the respondents to consider the case of the petitioner to appoint him on regular basis as a permanent employee and to declare appointment letter dated 18.2.1997 passed by Superintending Engineer, Flrozabad circle, P.W.D., Agra, as cancelled by which the petitioner was appointed as a 'Beldar' on daily wage.2. Heard Sri Dharmesh Chaturvedi, learned counsel for the petitioner as well as Sri B.K. Pandey. learned standing counsel for the State. No counter and rejoinder-affidavits have been filed, however, as agreed by the parties this petition is being decided finally at this stage according to the Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.3. The brief facts necessary for adjudication of the case are that the petitioner's father late Nathu Ram had worked initially as work charge employee in construction Division, P.W. D., Flzorabad but later on was regularised by order...
Tag this Judgment!Committee of Management of Krishna Vidya Mandir High School and ors. V ...
Court: Allahabad
Decided on: Mar-20-2002
Reported in: 2002(2)AWC1543; (2002)2UPLBEC1085
R.R. Yadav, J.1. I have heard the learned counsel for the petitioners. Sri V. K. Shukla and Sri Shashi Nandan, learned counsel representing Pratap Singh. Mahraj Singh and Pushpendra, the caveator/applicants at length. Perused the order impugned. Learned standing counsel has adopted the arguments raised by Sri Shashi Nandan, learned counsel representing caveator/applicants.2. I am of the view that the present writ petition deserves to be decided on admitted facts between the petitioners and caveator/ applicants without delineating detailed averments made in the writ petition.3. Indisputably, election of the Committee of Management was held on 23.11.1998 for a term of 3 years which was subject to extension of six months by the Joint Director of Education. Three years' term of Committee of Management came to an end on 23.11.2001. Taking the aforesaid calculation in mind, the District Inspector of Schools, Muzaffarnagar, sent a letter to Joint Director of Education recommending that since ...
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