Allahabad Court July 2002 Judgments
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U.P. Zila Parishad Karamchari Sangh and anr. Vs. State of U.P. and ors ...
Court: Allahabad
Decided on: Jul-23-2002
Reported in: (2002)3UPLBEC2569
S.P. Mehrotra, J. 1. The petitioners have filed this writ petition, inter-alia praying for issuance of a writ, order or direction in the nature of certiorari quashing the Government Orders dated 28.3.1998 and 22.2.1999 issued by respondent No. 1 (Annexure Nos. 1 and 2 to the writ petition) and further for issuance of a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1, 2 and 3 not to withdraw or transfer any amount from the Zila Nidhi Fund of the Zila Panchayat, Banda towards payment of salaries of teaching and non-teaching staff and to meet other expenses of the Zila Parishad Krishi Mahavidyalaya, Banda, and further for issuance of a writ, order or direction in the nature of mandamus commanding respondent Nos. 1, 2 and 3 to pay back amount of Rs. 36,03,000/- withdrawn from the Zila Nidhi Fund of Zila Panchayat, Banda under the Government Order dated 28.3.1998 and 22.2.1999 to the Zila Nidhi Fund of Zila Panchayat, Banda with interest at the rate of 18...
Nabab and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-2002
Reported in: 2002CriLJ4580
ORDER1. Heard learned counsel for the parties.2. We have perused the impugned F.I.R. dated 3-6-2002 which has been challenged in this petition.3. A perusal of the F.I.R. shows that prima facie an offence is made out. Hence we are not inclined to interfere under Article 226 of the Constitution.4. The allegation in the F.I.R. shows how casteism in our society is still prevailing today. The caste system is a feudal arid backward institution and has to be destroyed as quickly as possible if we want our nation to progress. The caste system in our society today has become a curse and an obstacle to the progress of our country. The allegation in the F.I.R. shows that the petitioners are Goojar (OBC) by caste and they allegedly abused and assaulted a lady who is 'Chamar' by caste. They tore her blouse and tried to strip her and called her 'Chamari.' They also beat her with fists and blows. This Court will not tolerate this kind of behaviour as our nation is unable to progress because of castei...
U.P. State Road Transport Corporation Vs. State of U.P. and anr. Overruled
Court: Allahabad
Decided on: Jul-23-2002
Reported in: 2002(4)AWC2756
S.R. Singh, J.1. Impugned in Writ No. 9332 of 2002 is the validity and legality of the order dated 3.11.2001 passed by the Hearing Authority and in the other writ petition, the validity of the scheme dated 13.2.1986 published under Section 68C of the Motor Vehicles Act, 1939 (in short 'Repealed Act') as it stands modified by the aforestated impugned order is also questioned.2. The facts insofar as they are relevant to the controversy involved herein are briefly stated as these. A draft scheme under Section 68C of the Repealed Act was published on February 26, 1959 with a view to nationalise the Saharanpur-Sahadara-Delhi route. The draft scheme aforestated as approved was published on September 29, 1959 but in two groups of writ petitions filed in this Court, the same came to be quashed by judgments dated October 31, 1961 and February 7, 1962 as against 50 operators on the ground that they were not afforded opportunity of hearing and was upheld against other 50 operators. The judgments ...
Divya Singh Vs. Chief Executive and Secretary, Council for Indian Scho ...
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002(4)AWC2628; (2002)3UPLBEC2704
S. K. Singh, J. 1. Heard learned counsel for the petitioner, Sri J. Nagar learned advocate who appears for respondent Nos. 1 and 2 and Shri S. D. Singh, learned advocate who appears for the respondent No. 3.2. As pleadings are complete, on the request of the learned counsel for the parties, matter is being heard and finally decided. 3. Prayer in this petition is for issuance of a writ in the nature of certiorari quashing the order dated 31.1.2002 (Annexure-1 to the writ petition) passed by the respondent Nos. 1 and 2 by which petitioner has been deprived from appearing in I.C.S.E. Examination, 2002, on the ground of shortage of attendance.4. There appears to be no dispute about the fact that the required attendance is to be not less than 60 per cent but so far the petitioner is concerned, the order impugned states that petitioner's attendance is just 50 per cent and for this reason, petitioner has been denied permission to appear in the concerned examination. When the writ petition was...
Kailash Chand JaIn Vs. Uttar Pradesh Financial Corporation and ors.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2003(1)ARBLR110(All); [2004]55SCL54(All)
S.P. Mehrotra, J. 1. This writ petition under Articles 226/227 of the Constitution of India has been filed by the petitioner, inter alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the citation dated 25-3-2000 (Annexure No. 9 to the writ petition) insofaras it relates to the petitioner regarding the schedule 'SA' property mentioned in the recovery certificate (Annexure No. 8 to the writ petition), and further for issuance of writ, order or direction in the nature of mandamus directing the respondents not to recover the loan concerning to M/s. Deepak Rice Mills (P.) Limited by selling the mortgaged property mentioned in schedule 'SA' of the recovery certificate, and further for issuance of writ, order or direction in the nature of mandamus directing the respondents not to proceed to recover the loan from the personal property of the petitioner until or unless a certificate is issued by the Collector concerned stating that the loan had not been ...
Chandra Shekhar Azad University of Agriculture and Technology Vs. Cour ...
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002(4)AWC2861; [2002(94)FLR1227]; (2002)3UPLBEC2559
Janardan Sahai, J. 1. Heard Dr. R. G. Padia, learned senior counsel assisted by Sri P. Padia, learned counsel for the petitioner and Sri Noorul Huda, learned standing counsel for the respondents.2. The Workmen's Compensation Commissioner, Kanpur ordered for the payment of a sum of Rs. 44,405.28 paisa as compensation for injuries sustained on 10.11.1989 by the respondent No. 2 who had filed the claim. This is the order impugned in this writ petition. Dr. R. G. Padia, learned senior counsel on the question of alternative remedy under Section 30 of the Workmens' Compensation Act available to the petitioner, which is the employer university Chandra Shekhar Azad University of Agriculture and Technology, Kanpur Nagar submitted that the second respondent was not a workman within the meaning of Section 2(n) of the Workmen Compensation Act. It is submitted that the definition excludes employment of casual nature or employment otherwise than for the purpose of the employers trade or business and...
Misri Lal and ors. Vs. District Basic Education Officer and ors.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002(4)AWC2625; (2003)1UPLBEC287
A.K. Yog, J.1. This petition under Article 226, Constitution of India, has been filed by three Class IV employees (Bechu Lal petitioner No. 6,Keshlal petitioner No. 7, Indrajeet petitioner No. 8), three Assistant teachers (Misri Lal petitioner No. 1, Kamla Kant petitioner No. 3 and Jabar Singh petitioner No. 4) and Devendra Kumar Singh petitioner No. 2 Head Master of recognised privately managed/Government aided 'Sohan Lal Junior High School, Roopnarainpur (hereinafter called 'the School') governed by the provisions of U. P. Basic Education Act and Rules framed thereunder.2. Petitioners contended, inter alia amongst other, that petitioners were appointed by the Management on their respective posts, working continuously therein and paid salary under law. The college was brought on grant-in-aid list w.e.f. March, 1996 ; the concerned District Basic Education Officer,, Kaushambi, fixed their salaries refusing to accord benefit of annual increments by giving credit of annual increments on ...
VipIn Kumar Singh Vs. U.P. Secondary Education Board and anr.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002(4)AWC2680; (2002)3UPLBEC2746
S.K. Singh, J.1. Heard learned counsel for the petitioner and learned standing counsel.2. Grievance of the petitioner in this petition is that he has been given less marks than his expectation. The expectation of the petitioner is on the basis of his self-analysis. The answer sheets are examined by the expert examiners and thereafter there is provision of scrutiny. On the basis of self-assessment, every candidate may come before the Court with submission that he should have been awarded a particular mark that cannot be accepted.3. The aforesaid view is supported by the decision in 1984 (Supp) SCC 372, wherein it was held that :'Students who fail in their examinations are generally prone to make allegations that the assessment of their answer scripts is defective, arbitrary or partial to explain their failure and to console themselves with the thought that not they but the examiners are to be blamed for that. There being no positive materials before this Court that the examiners were ac...
Shyam Singh Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2003CriLJ3441
U.S. Tripathi, J. 1. The above two appeals have been preferred against the judgment and order dated 4-8-1980 passed by Sri Mohammad Asgar Khan., the then learned IVth Additional Sessions Judge, Etawah in Sessions Trial No. 221 of 1978 convicting both the appellants under Section 396, I.P.C. and sentencing them to undergo imprisonment for life.2. The prosecution story, briefly stated, was as under :--Bhanu Prakash (P.W. 1) resident of village Ghasara, P.S. Achhalda, district Etawah had his house in the said village. On the night of 5-2-1978 Bhanu Prakash (P.W.1) was sleeping on his roof (Anta) with his licensed gun and cartridges. His other family members were sleeping inside the house. At about 11 p.m. Bhanu Prakash awoke hearing noise. When he woke up he peeped from his 'Jangala' and a shot was fired towards him. He saw 8 to 10 armed dacoits in front of his house and they were firing. He took position and started firing on dacoits. Manik Lal (P.W. 2), Gajadhar (P.W. 3), Mool Chandra a...
Vikrant Kumar Alias Sonu Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2003CriLJ1094
ORDERS.K. Agarwal, J.1. This revision has been filed against the appellate order passed by the Additional District Judge, Gorakhpur in Criminal Appeal No. 33 of 2000, arising from the order dated 17-10-2000 passed by the Juvenile Judge. Gorakhpur in Crime Case No. 277 of 2000 (State v. Vikrant alias Sonu) under Section 377/511, I.P.C. Police Station Badhalganj, District Gorakhpur.2. On 7-8-2000 a report was lodged against the applicant for an offence under Section 377/511, I.P.C. PS Badhalganj. The case was registered as Crime No. 277/2000/-. When the charge sheet was submitted in court the applicant claimed himself to be a juvenile and sought the benefit of Juvenile Justice Act thereby desired to be tried by a Juvenile Judge. In support of its case he had filed a High School Certificate issued from the Board of High School and Intermediate Education, U.P. Allahabad, In this certificate the date of birth of the applicant was mentioned as 1-1-85. The informant opposite party No. 2 stron...
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