Allahabad Court May 2002 Judgments
Gurcharan Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2003(1)ALD(Cri)121; 2002(3)AWC1783; [2003]114CompCas434(All); 2002CriLJ3682
R.K. Dash, J.1. M/s. Sterling Novelty Products, Moradabad (U.P.) is a partnership firm of which Mrs. Jagdish Kaur W/o Gurbaksh Singh, Mrs, Jasleen Kaur W/o Arvind Pal Singh and Master Uvraj Singh are the partners. The aforesaid firm is engaged in export business in handicrafts, brass wares, textiles and aluminum items at Moradabad since 1992. International Gifts Ltd. Is a company at Ontario, Canada and Gurcharan Singh, petitioner herein is the President of the said company. M/s. Sterling Novelty Products through its partner Uvraj Singh represented by his natural guardian Arvinder Pal Singh filed a complaint before the Court of Chief Judicial Magistrate, Moradabad bearing Case No. 852/9 of 1999 under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act') and Sections 406 and 420, I.P.C. arraying International Gifts Ltd. andits President Gurcharan Slngh as accused.2. The case of the complainant, in short, is that the firm (M/s. Sterling Novelty Products) supplie...
Tag this Judgment!Virendra Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2043; 2003CriLJ2709
R.K. Dash, J. 1. The present case depicts a very sad story. It shows how the local police joined hands with respondent No. 3, a man with money-power and Sub-Divisional Magistrate, Nagina, district Bijnor, respondent No; 2 fell in their trap. The learned Magistrate accepted the case of respondent No. 3 and the police report as true and in exercise of power conferred by law, initiated proceeding under Section 145, Cr. P.C., attached and appointed receiver in respect of a shop in question and consequently, dispossessed the petitioner from his rightful possession.2. The facts of the case emerging from the materials on record may be stated thus :'Raja Ram, the predecessor of the petitioner was a tenant in respect of a shop situated at Mahala Muglan, Kasba and P. S. Nagina, district Bijnor. Respondent No, 3 is the owner of the said shop and in order to evict the tenant therefrom, he moved the Small Cause Court by filing S.C.C. Suit No. 90 of 1985. During the pendency of the suit, Raja Ram di...
Tag this Judgment!Girjesh Kumar Saxena and ors. Vs. Director of Higher Education, U.P., ...
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2233; (2002)2UPLBEC1785a
S.K. Singh, J.1. By means of this writ petition, the petitioners have prayed for quashing the orders dated 25.7.2000 as contained in Annexures-11 to 13 of the writ petition and the order dated 28.7.1999 passed by the Director of Higher Education, U.P., Allahabad in so far it relates to withholding of petitioner's salary. A further prayer has been made for payment of arrears of petitioner's salary and also current salary.2. There is a post graduate college in district Auraiya known as Janta Mahavidyalaya, Ajitmal, Auraiya affiliated to Chatrapati Sahujl Maharaj Vishwavidyalaya, Kanpur. An advertisement was published in daily newspaper 'Aaj' and 'City Pioneer' dated 28.2.1994 inviting applications for the appointment of the post of Cataloguer, Assistant Accountant and Junior Lab Assistant. The post of Cataloguer and Assistant Accountant was one each and the post of Junior Lab Assistant was two in number. It has been stated in para 5 of the writ petition that the post of Cataloguer was pu...
Tag this Judgment!Om Prakash Singh Vs. District Inspector of Schools, Azamgarh and anr.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2203a; (2002)2UPLBEC1918
S.K. Singh, J.1. By means of this writ petition, the petitioner has prayed for quashing the enquiry report dated 29.10.2002 and the order dated 31.10.2001 (Annexures-9 and 11 to the writ petition). By the order dated 31.10.2001, the District Inspector of Schools has approved the resolution and the suspension of the petitioner who has been working as officiating Principal.2. The petitioner happens to be the senior most Lecturer in the college known as S. B. Inter College, Lahua Kalan, Azamgarh (hereinafter referred to as the College). By the order of respondent No. 1. seniority dispute was decided and the Committee of Management was directed to give charge of ad hoc Principal to the petitioner, upon which the petitioner was appointed as such. It has been stated that the committee being prejudiced by the decision of respondent No. 1 started harassing the petitioner in various manner. The respondent No. 2 wrote a letter to the petitioner directing him to entrust all the financial liabilit...
Tag this Judgment!Balraj Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2333
R.H. Zaidi, J. 1. The petitioner, by means of this petition filed under Article 226 of the Constitution of India, prays for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 2.6.1987 and 29.2.1988 passed by the Prescribed Authority and the Appellate Authority in theproceedings under U. P. Imposition of Ceiling on Land Holdings Act, 1960 against the petitioner.2. The relevant facts of the case, in brief, are that Pala Singh had two sons, i.e., Bal Raj Singh, the petitioner, and Jog Raj Singh. It was on 19.2.1986 that a notice under Section 10 (2) was issued to the petitioner calling upon him to show cause as to why an area measuring 5.77 acres out of his holding be not declared as surplus land. On receipt of the said notice, petitioner filed his objection against the said notice contending that no land out of his holding was liable to be declared as surplus as he was in possession of the land within his ceiling limit. It was also urged that the...
Tag this Judgment!Sunit Kumar Tyagi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2293
G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed praying that a writ, order or direction in the nature of mandamus be issued commanding the respondents to pay 80 per cent of the estimated amount of the compensation as provided by Section 17(3A) of Land Acquisition Act to the petitioner in respect of plot Nos. 947 and 1019/2 of village Makanpur, Tehsil Dadri, district NOIDA, along with 24 per cent interest from 13.11.1997 when the respondents took possession over the aforesaid plots. The writ petition was filed on 29.1.1998 and subsequentlyon 27.1.1999, an amendment application was moved wherein a prayer has been made to amend the body of the writ petition and also to add another relief that a writ, order or direction in the nature of mandamus be issued commanding the respondent Nos. 2 and 3 to make an award in respect of the petitioner's land under Section 11 of the Land Acquisition Act within the shortest possible time fixed by the Court.2. Th...
Tag this Judgment!Sanjay Sharma Vs. Taxation Officer, Mathura and ors.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2324
G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed for quashing of the recovery certificates dated 5.5.2001 and 6.5.2001 sent from the office of Assistant Regional Transport Officer, Mathura.2. The case set up in the writ petition is that the petitioner along with his brother Vipin Sharma purchased a dumper bearing registration No. U. P. 85C-9677, which was financed by and was hypothecated to Tata Finance Limited. After partition amongst the brothers, the vehicle came in the share of the petitioner. The vehicle was stolen and an F.I.R. was lodged at P. S. Pinahat on 28.12.1998. Subsequently, the vehicle was recovered in Morena (M.P.) and was brought to the concerned police station. The petitioner applied for release of the vehicle and ultimately by the order of Civil Judge, Ambi district Morena, the vehicle was released in his favour after he submitted guarantee bond. The vehicle was actually delivered to the petitioner on 30.6.1997. The petition...
Tag this Judgment!Jharkhandey Singh Vs. Additional Director of Education (Secondary) and ...
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2494; [2002(95)FLR494]; (2002)3UPLBEC2390
S.K. Singh, J.1. By means of this writ petition, the petitioner has prayed for quashing the order dated27.4.2001 (Annexure-1 to the writ petition) passed by respondent No. 1 by which the respondent No. 5 has been transferred to the petitioner's College as Principal.2. There is an Intermediate College in the name of Nand Kishore Singh Inter College, Rampur Majha. Ghazipur (hereinafter referred to as the College). The post of Principal in the aforesaid College fell vacant on 30.6.2000, on account of retirement of its permanent Principal Sankatha Prasad. The vacancy was intimated to the Board on 16.3.2000. It has been stated in the writ petition that the management of the College proposed transfer of respondent No. 5 who was working as Principal in the Inter College, Tarighat, Ghazipur but the same was turned down by the District Inspector of Schools but thereafter, by the impugned order dated 27.4.2001, the respondent No. 5 was placed as Principal in the present College, which is impugne...
Tag this Judgment!Committee of Management, Dropadi Devi Saraswati Vidya Mandir Inter Col ...
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002(3)AWC2359; (2002)3UPLBEC2457
Sunil Ambwani, J.1. Th e Committee of Management, Dropadi Devi Saraswati Vidya Mandir Inter College, Badaun and others through Shri Satish Chandra Vaish, Shri Om Prakash Vaish and Shri Badri Prasad have filed this writ petition for qua'shing the order dated 30.3.2001 (Annexure-13 to the writ petition) passed by District Inspector of Schools, Badaun, by which he has recognized the Committee of Management of which Shri Narendra Pal Singh is the President and Shri Subhash Dhingra is the Manager.2. I have heard learned counsel for the petitioner and Shri P. P. S. Rathore, appearing for respondent No. 4.3. The institution is recognized and governed by provisions of U. P. Intermediate Education Act, 1921. It was granted recognition as High School in 1996. The scheme of administration was approved by Joint Director of Education, Bareilly on 20.2.1996. Clause (9) of the scheme of administration provides that the term of the office bearers shall be of three years provided that the term shall co...
Tag this Judgment!Kishori Lal Agarwal Vs. Ram Chandra Sindhi and anr.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2003CriLJ2299
ORDERBhanwar Singh, J.1. This appeal is directed against the verdict of acquittal dated 9-3-1981, passed by the then Vth Addl. Sessions Judge, Jhansi whereby the accused respondent Ram Chandra Singh's Criminal Appeal No. 112/79 was allowed after setting aside the judgment of conviction dated 30-6-1979, passed by Shri R.S. Maurya, Munsif Magistrate, Jhansi and thereby he was acquitted.2. Permission to prefer the appeal was allowed by this Court vide its order of May 18, 1980.3. In brief, the facts giving rise to this appeal may be recapitulated as below :--4. The appellant/complainant Kishori Lal Agarwal filed a complaint in the Court of the then Munsif Magistrate 1st Class (Court No. 4), Jhansi in the year 1979 with the allegations that he was the owner of house No. 217 situated in Mohalla Gardhuria Ganj in the town of Mauranipur. The respondent No. 1/accused Shri Ram Chandra Sindhi was the tenant of the first floor of the two rooms apartment of the said house. On 14-12-1978, he had il...
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