Allahabad Court May 2002 Judgments
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Shabbir and ors. Vs. Special Judge (E.C. Act), Bulandshahr and ors.
Court: Allahabad
Decided on: May-20-2002
Reported in: 2002(3)AWC2292
Anjani Kumar, J. 1. By the impugned order, the revisional court has set aside the order of the trial court whereby the application for setting aside the ex parte decree was allowed and the matter was directed to be decided on merit. The revisional court set aside the order of the trial court allowing the application for setting aside the ex parte decree on the ground that the Hon'ble Supreme Court in the case of P.K. Chandran v. State of Kerala and Anr., JT 1998 (7) 21. has held that the principles regarding the condonation of delay is that the Courts have no power to extend the limitation on equitable ground. Here in the present case, the Court certainly had power to set aside the ex parte order. The delay in filing the application has been sufficiently explained as observed by the trial court.2. In these circumstances, considering the provisions of Section 29(2) of Limitation Act since the applicability of the provisions has not been expressly excluded by virtue of the aforesaid prov...
Ram Sevak Tripathi Vs. U.P. Public Service Commission and ors.
Court: Allahabad
Decided on: May-20-2002
Reported in: 2002(3)AWC2238a; [2002(95)FLR68]; (2002)2UPLBEC1948
Rakesh Tiwari, J. 1. Heard Sri. Bashist Tiwari, learned counsel forthe petitioner and Sri B. N. Singh learned counsel for the respondents.2. The petitioner is a visually handicapped person. He is working as Senior Assistant in the scale of Rs. 4,000-6.000 in the Regional Transport Office. Allahabad. By means of this petition, the petitioner has approached this Court for the following main reliefs :(i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to give 1 % reservation in favour of visually handicapped persons separately as provided in the Central Act as well as in the State Act as amended from time to time ;(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to evaluate candidature of the petitioner on the basis of 35% marks and consequently to permit the petitioner to appear in the main examination conducted by the Commission approximately next month of the year for State/Subordinate Services in the...
Smt. Kamlesh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-17-2002
Reported in: 2002(3)AWC1792; 2002CriLJ3680
R.K. Dash, J.1. This writ petition has been filed seeking quashing of first information report in Case Crime No. 155 of 2001, under Sections 363/366, I.P.C.. police station Zarif Nagar, district Badaun. A report was lodged by Vinay Kumar, respondent No. 4 complaining that on his sister Km. Kamlesh, aged 15 years had been to the school, to prosecute her study, but did not return home. He made a search during which two persons, namely, Natthu and Ram Mohan informed him that they had seen her going with Dinesh, petitioner No. 2 towards Dharampur. When her whereabouts could not be traced, he lodged report for taking appropriate legal action against petitioner No. 2. On the basis of the aforesaid report, the police registered a case sprang into action. Petitioner No. 2 in order to avoid arrest, has filed the present writ petition arraying Km. Kamlesh as a co-petitioner.2. The case of petitioner No. 2 is that Km. Kamlesh was major being aged 19 years and both were intensely lovelorn which dr...
Ram Saran Singh Vs. Committee of Management, Adarsh GramIn Inter Colle ...
Court: Allahabad
Decided on: May-17-2002
Reported in: 2002(3)AWC2005; (2002)3UPLBEC2121
Janardan Sahal, J. 1. The dispute in the present case relates to promotion to the post of Lecturer in Hindi in. Adarsh Gramin Inter College Chandok, Bijnore, which is an institution recognised by the U. P. High Schools and Intermediate Education Board. It appears that the committee of management has passed a resolution dated 24.8.1999 for promotion of the respondent No. 4 as Hindi Lecturer and the papers recommending him have been sent by the Manager and the Principal of the institution in Form A. Copy of the resolution has been annexed as Annexure-9 and copy of the Form A as Annexure-10. The petitioner has prayed for quashing the resolution dated 24.8.1999 and the recommendation dated 2.12.1999 Annexures-9 and 10 to the writ petition and has also prayed for mandamus to consider the name of the petitioner for the post of Lecturer in Hindi. 2. According to the petitioner, one Somi Ram Arya, Lecturer in Hindi was posted as officiating Principal of the institution from 1.7.1994 and he sup...
Rakesh Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-17-2002
Reported in: 2002(3)AWC2040A
R.K. Dass, J. 1. Petitioner, accused in Case Crime No. 387 of 2001, under Sections 420/467/468, I.P.C.. Police Station Kotwali Sadar, district Fatehpur, has filed this writ petition seeking quashing of the first Information report of the said case.2. Before adverting to the factual matrix of the case, it is necessary to allude to judicial pronouncements as to the scope and ambit of power of Interference of the Court in the matterof Investigation which is within the domain of the police.3. In State of W. B. v. Swapan Kumar Guha, AIR 1982 SC 949, the Court held :'Once an offence is disclosed an investigation into the offence must necessarily follow in the interest of justice. If, however, no offence is disclosed, an investigation cannot be permitted, as any investigation, in the absence of any offence being disclosed will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing. The liberty and property of any individual are sacred and sa...
Lal Mohammad and ors. Vs. Indian Railway Construction Co. Ltd. and anr ...
Court: Allahabad
Decided on: May-17-2002
Reported in: 2002(3)AWC2251; (2002)3UPLBEC2231
S.K. Singh, J.1. Indian Railway Construction Company Limited (in short the respondent company) is a Government of India owned company registered under the provisions of the Companies Act, 1956. All the shares of the company are held by the President and/or officers of the Central Government in the name of the President of India. The respondent company concededly an instrumentality of State within the meaning of Article 12 of the Constitution is engaged in the construction and implementation of various projects in the country and abroad pertaining to construction of roads, buildings, bridges, electrification, telecommunication, railway tracking, and construction work pertaining to airports.2. Petitioners in these five writ petitions were appointed at Anpara Project of the respondent company on casual/ad hoc basis on a consolidated monthly emoluments of Rs. 400 subject to the condition that they will have to undergo training for the prescribed period during which they would be entitled t...
Krishna Swaroop Srivastava and ors. Vs. Senior Superintendent of Polic ...
Court: Allahabad
Decided on: May-17-2002
Reported in: II(2002)DMC422
R.K. Dash, J.1. Ours is a male dominated society where crimes against women arc on the rise. There has been onslaught on their liberties through 'bride burning' and 'dowry death'. These crimes are affront to the human dignity. So in order to curb such crimes, the law makers in their anxiety have brought about several legislations providing harsher punishment. Yet, the laws could not act as a deterrent to check the crime graph. In many cases, guilty goes unpunished. Since many years woman is not treated at par with the man in all walks of life. For this blame should go to the social reformers and law makers. The unequal treatment meted out to her emanates from the laws enacted by the Legislature. Son and daughter are not treated equal. A son has a right in the ancestral property by birth, whereas a daughter does not have of such right. Under Hindu Succession Act, 1956 she gets a share from her father's share only after the demise of her father, whereas a son by birth acquires right in t...
Indian Trading Company Vs. Commissioner of Trade Tax and anr.
Court: Allahabad
Decided on: May-16-2002
Reported in: [2004]138STC633(All)
R.B. Misra, J.1. In these trade tax revisions the applicant/revisionist preferred Under Section 11 of U.P. Trade Tax Act, 1948, (in short called the 'Act') against the order dated April 27, 2002 passed in Second Appeal No. 55 of 2002 (2001-2002) and order dated April 27, 2002 passed in Second Appeal No. 56 of 2002 (2001-2002) Under Section 13-A(6) of the Act.1. Heard Sri Kunwar Saxena, learned counsel for the applicant/ revisionist and Sri B.K. Pandey, learned Standing Counsel for the respondent.2. The brief facts necessary for adjudication of the present revisions are that the applicant/revisionist is a registered dealer of U.P. Trade Tax Act as well as Central Sales Tax Act and has imported nylon fishnet fabrics from outside the State but the consignment was detained and seized on October 31, 2001 by the Trade Tax Officer, Sahayata Kendra, Chaukhata, district Allahabad under purported exercise of powers Under Section 28-A of the Act on the ground that the aforesaid consignment was no...
Anoop Kumar Pandey Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-16-2002
Reported in: (2003)1UPLBEC186
Sunil Ambwani, J.1. Heard Shri Akhileshwar Singh, learned Counsel for the petitioner and Shri Subodh Kumar, Additional Standing Counsel for respondents.2. Petitioner was appointed as Trained Graduate Teacher (T.G.T., S.U.P.W.) on 18.6.1998 in Air Force School, Bamrauli, Allahabad, managed by Indian Air Force Education and Cultural Society a non-profit making welfare institution registered under Societies Act, 1860. After completing probationary period of one year petitioner was confirmed in September, 1994. It is alleged by petitioner that by various Government Orders and policy laid down by Central Board of Secondary Education, the School fees of children of teaching staff was not to be charged. By letter dated 3.9.1997, respondents started realizing fee on which petitioner made protest vide representation dated 10.9.1997 and 6.11.1997, and requested for interview with SOA, CAS (Central Air Command). Respondents agreed for fee concession from April, 1998, but became prejudiced against...
Ms. Krishna Mohini Saxena Vs. U.P. Madhyamic Siksha Seva Chayan Board, ...
Court: Allahabad
Decided on: May-15-2002
Reported in: 2002(3)AWC1777; (2002)2UPLBEC1769
Janardan Sahai, J.1. T h e petitioner Krishna Saxena wasappointed as Principal on ad hoc basis in Balika Inter College, Jalaun. A vacancy having arisen on the post of Principal on the retirement of regular Principal Nirmala Agarwal on 30.6.1998, resolution dated 8.7.1998 was passed by the committee of management for giving charge to the petitioner as Officiating Principal. The charge was given to the petitioner. By order dated 14.12.1998, the District Inspector of Schools approved her appointment on ad hoc basis as Principal till a regularly selected candidate on the post joined. The petitioner, however, submitted a letter dated 14.10.1998 to the Management that teachers were not satisfied with her and it appeared to her that she was not competent for the post of Principal and a direction for appointing another teacher to the post be given. Another letter dated 17.8.1999 (Annexure-Xii-F to the writ petition) was sent by her to the Manager stating that ever since she took over charge on...
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