Allahabad Court May 2002 Judgments
Mohd. Rahman Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-29-2002
Reported in: 2003CriLJ2285
Vishnu Sahai, J.1. Through this writ petition preferred under Article 226 of the Constitution of India the petitioner-detenu has impugned the order dated 30-12-2001 passed by respondent No. 2 Mr. C. N. Dubey, District Magistrate, Gonda detaining him under Sub-section (2) of Section 3 of the National Security Act.The detention order along with grounds of detention which are also dated 30-12-2001 was served on the petitioner-detenu on 31-12-2001 itself and their true copies have been annexed collectively as Annexure 1 to this petition.2. The prejudicial activities of the petitioner-detenu prompting the 2nd respondent to issue the impugned detention order against the petitioner-detenu are contained in the grounds of detention. Since in our view it is common ground between counsel for the parties that the detaining authority only communicated to the petitioner-detenu that if he so wanted he could make a representation to him (the detaining authority) within 12 days of the date of issuance ...
Tag this Judgment!Sharda Nand 'Anchal' Vs. Iiird Additional District Judge, Ballia and O ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2173
Anjani Kumar, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the order dated 18.4.2002, passed by Revisional Court in R.C.R. No. 2 of 1990. Annexure-11 to the writ petition, whereby the revision filed by the landlord has been allowed.2. The facts leading to the filing of present writ petition are that respondent No. 2 is the son of daughter of Pooranmal, who was allotted Nazul land to raise a house over it with the condition that it will be let out only to the Government servants. Respondent Nos. 3 and 4 are the sons of respondent No. 2. It is stated that one Sri Girdhari Lal, Deputy Superintendent of Police was the last tenant in the accommodation in question. He was transferred to another district and after his transfer the petitioner, who is local M.L.A., applied for allotment of the building in question. It is alleged by the respondents-landlord that petitioner, who was a local M.L.A., exercised his political infl...
Tag this Judgment!Union of India (Uoi) and anr. Vs. Smt. Gayatri Srivastava and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2003ACJ486; 2002(3)AWC2168
G.P. Mathur, J.1. This appeal under Section 23 of the Railway Claims Tribunal Act. 1987, has been preferred against the judgment and order dated 17.1.2002 of the Claims Tribunal by which the claim petition filed by respondent Nos. 1 to 6 was allowed and respondent No. 1 was awarded Rs. 1,50,000 and respondent Nos. 2 to 6 were awarded Rs. 50.000 each as compensation on account of death of Ramesh Chandra Srivastava in a train accident.2. The claimant respondent No. 1 is the widow and respondent Nos. 2 to 6 are the minor children of Ramesh Chandra Srivastava who was working as fitter grade I in North-Eastern Railway and was posted at Ballia. Railway Station. On 7.2.1994. he was going from Gorakhpur to Ballia and at 21.10 hours while alighting from 511-Up train at Indara Railway Station, he slipped and fell down from the train. His leg was amputated as the train ran over him. The station staff rescued him and sent him to Mau railway station for treatment but when he reached the hospital, h...
Tag this Judgment!Bashishtha NaraIn Pandey Vs. Commissioner, Basti and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2188
R. K. Agrawal, J. 1. Bashishtha Narain Pandey, has filed the present writ petition under Article 226 of the Constitution of India, seeking a writ, order or direction in the nature of certiorari quashing the impugned auction proceedings dated 30.1.2002 and all consequential proceedings for the bridge known as 'Prabhu Dayal Vidyarthi Van Ganga Bridge'. Siddharth Nagar. He further seeks a writ, order or direction in the nature of mandamus commanding the respondents to grant the right in favour of the petitioner to collect toll on the aforementioned bridge and/or in the alternative commanding the respondent No. 2, i.e., the Executive Engineer, Provincial Khand, P.W.D., Siddharth Nagar, to re-auction the said bridge after following the procedure established by law and Rules 1980. 2. Briefly stated, the facts giving rise to the present petition are as follows : An auction notice has been published by the Executive Engineer. Provincial Khand. P.W.D., Siddharth Nagar, respondent No. 2, in the ...
Tag this Judgment!Raghuvendra Babu Mishra Vs. District Inspector of Schools, Etah and or ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2207; (2002)3UPLBEC2155
R.K. Agrawal, J. 1. The present special appeal has been filed by Raghuvendra Babu Mishra against the judgment and order dated 3.9.1997 passed by the learned single Judge in Writ Petition No. 10210 of 1994, wherein the learned single Judge had held that the petitioner is not entitled to regularisation/ substantive appointment on the post of lecturer and had dismissed the writ petition. 2. Briefly stated the facts giving rise to the present appeal are as follows : The appellant-writ petitioner was appointed as a lecturer in Physics in Gandhi Vidya Mandir Inter College, Fatehpur-Etah (hereinafter referred to as the College), on 15.7.1989 in a short-term, vacancy caused by the existing lecturer Rama Nand Mishra proceeding on leave. The appellant-writ petitioner was appointed under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as the Second Removal of Difficulties Order). His appointment was approved by...
Tag this Judgment!State of U.P. and anr. Vs. Presiding Officer, Labour Court, Varanasi a ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2320; [2002(94)FLR314]; (2002)3UPLBEC2188
R.B. Misra, J. 1. The present writ petition is directed against the judgment and award dated 26.4.1996 passed by Presiding Officer, Labour Court, Varanasi in adjudication Case No. 122 of 1990. Heard learned counsel for the petitioner as well as learned counsel for the respondents. 2. The relevant facts necessary for the adjudication of case are that the respondent No. 2 Sri Kailash Pandey was engaged on the post of Beldar w.e.f. 1.6.1984 to 31.10.1987 in the department of Irrigation Flood Division I, State Government of U. P. He had continuously worked for more than 240 days in a calendar year. On the claim of the respondent for regularisation, the respondent was removed from service without giving any notice ignoring the Provision of Section 6N of the U. P. Industrial Disputes Act. Contrary to it, it as contended on behalf of the respondents that the respondent workman did not present himself from 1.11.1987 for work, as such, neither his service was terminated nor he was retrenched. I...
Tag this Judgment!Smt. Indu Tripathi Vs. Director of Education (Madhyamic), Allahabad an ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2310; (2002)3UPLBEC2515
S.K. Singh, J.1. By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated 10.9.2000 (Annexure-6 to the writ petition) passed by respondent No. 4. A further prayer has been made for a direction to the respondents to permit the petitioner to work as Assistant Teacher and to pay her salary.2. There is an intermediate college known as Rama Devi Balika Inter College, Allahabad (hereinafter referred to as the college). There happened three vacancies of teachers in B.T.C, grade in respect to which the management held selection in accordance with the provisions of Education Act. For all these posts, different sets of panel of two candidates each were prepared. The dispute survives only in respect to the post which is being claimed by the petitioner which is general category post for which, admittedly, Smt. Neelam Kapoor was placed at Sl. No. 1 and the petitioner was placed at Sl. No. 2. The petitioner claims that Smt....
Tag this Judgment!Ramesh Chandra Singh and ors. Vs. Amar Nath Singh and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2215; (2002)3UPLBEC2091
R.K. Agrawal, J.1. The Special Appeal No. 47 of 1998 has been filed by Ramesh Chandra Singh and 20 others against the common judgment and order dated 19.12.1997 passed by the learned single Judge in Civil Misc. Writ Petition No. 38406 of 1996. Amar Nath Singh v. Union of India and 4 others, connected with Civil Misc. Writ Petition No. 36605 of 1997. Jagmohan and 6 Ors. v. Union of India and 4 Ors., after obtaining leave to appeal.2. The Union of India and 3 others who were the respondents in the aforesaid two writ petitions which have been decided by the learned single Judge vide common judgment and order dated 19.12.1987, have filed two separate Special Appeals being Special Appeal Nos. 80 and 81 of 1998. Since all these three Special Appeals arise out of a common judgment dated 19.12.1997, hence they are being heard and decided together.3. The facts giving rise to the present case, in brief, are that North Eastern Railway published an employment notice No. 2 of 1994 on 2.6,1995 for f...
Tag this Judgment!Committee of Management, Ban Awadh Inter College and anr. Vs. State of ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2316; (2002)2UPLBEC1908
S.K. Singh, J. 1. As usual, the dispute to share the power to manage the affairs of the Committee of Management, has again come up to this Court, by means of this petition. The order challenged in this petition is dated 30.11.2000 (Annexure-1 to the writ petition) passed by respondent No. 2 by which the respondent No. 4 has been held to be the valid manager of the Committee of Management. 2. There appears to be no dispute in respect to the validity of the election, which took place on 27.11.1995. It is thereafter, in respect to the fresh election/term, the dispute arose. The petitioners claim to have an election in their favour on 21.8.1998 and the respondent No. 4 to have been elected on 2.1.1999. The papers have been sent to the District Inspector of Schools for attesting the signature in respect to fresh term, was decided by the District Inspector of Schools by his order dated 28.8.1998, by which the signature of Vibhuti Rai, the present petitioner was attested, pursuant to the elec...
Tag this Judgment!Mirja Barkat Ali Vs. Inspector General of Police, Allahabad and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2339; (2002)2UPLBEC1871
R.B. Misra, J. 1. In this writ petition, the petitioner has prayed to quash the orders dated 4.7.1996, 19.2.1998 and 26.3.1998 (Annexures-7A, 9 and 10 to the writ petition), i.e., dismissal order dated 4.7.1996 (Annexure-7A) by S.S.P., order dated 19.2.1998 (Annexure-9) rejecting the appeal by D.I.G. and order dated 26.3.1998 (Annexure-10) rejecting the revision by Inspector General of Police.Heard Sri K. M. Misra, learnedcounsel for the petitioner as well aslearned standing counsel for therespondents.2. The brief facts necessary for adjudication of the writ petition are that the petitioner is a permanent constable of Civil Police and after putting more than 22 years in service on transfer from Allahabad to Jalaun was supposed to join on 12.7.1995. It appears that petitioner got ill and information about his illness was given to the Senior Superintendent of Police, Allahabad on 10.7.1995 through U.P.C., on request of the petitioner's wife, the D.I.G. stayed the transfer order on 31.7.1...
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