Allahabad Court August 2002 Judgments
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Brij Kishore Bind Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Aug-08-2002
Reported in: 2002(4)AWC2997
Anjani Kumar, J.1. Learned counsel for the petitioner has submitted that the prayer made in this writ petition is for quashing of the order dated 30th April, 1998 (Annexure-3 to the writ petition) passed by the registering authority, Allahabad under the provisions of the Motor Vehicles Act with a further prayer that a writ of mandamus be issued directing the respondent Nos. 1 and 2 not to take the possession of the vehicle which is a tractor from the petitioner forcibly. 2. I have gone through the order impugned in the present writ petition and the interim order granted by this Court. Under the order of this Court, the respondent No. 3 has filed counter-affidavit wherein serious allegations have been raised. Learned counsel for the petitioner has admitted that there Js a statutory remedy of appeal under Section 57 of the Motor Vehicles Act against the order passed by the registering authority under Section 50 of the Motor Vehicles Act. The order impugned is an order against which an ap...
Dhruva Chandra Dwivedi Vs. Additional Registrar (Admn.) Co-operative S ...
Court: Allahabad
Decided on: Aug-08-2002
Reported in: 2002(4)AWC3151A
Rakesh Tiwari, J.1. Heard the learned counsel for the parties and perused the record.2. The present writ petition has been filed by the petitioner challenging the order dated 31.5.1993 and the consequential order dated 1.6.1993 passed by respondent No. 1, Annexures-9 and 10 to the writ petition respectively.3. The petitioner was appointed initially as a Supervisor in the Cooperative Department on 13.11.1957 and thereafter he was promoted on 23.5.1992 as Assistant Development Officer (Co-operative) in the pay-scale of Rs. 1.350-2,200.4. Petitioner's date of birth, according to the entry made in the service book is 15.1.1937, but in the promotion order his date was incorrectly recorded as 15.1.1936. It is further stated that the Block Development Officer by his letter dated 4.4.1989 informed the petitioner that his date of birth is 15.1.1937.5. Respondent No. 3 circulated a notice indicating the date of retirement of various, employees including thepetitioner vide letter dated 25.5.1992,...
Nebu Lal Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Aug-08-2002
Reported in: 2003CriLJ2057
S.K. Agarwal, J. 1. Heard Sri R. K. Tripathi, learned counsel for the petitioner and Sri Mahendra Pratap Singh, learned A.G.A. for the State of Uttar Pradesh.2. Brief facts of the case are that on 13-8-2001, the detenu was in jail in connection with an offence under Section 3/5/8 of Cow Slaughter Act and 3/11 of Animal Cruelty Act. While he was in jail in Crime No. 435 of 2001 in connection with the abovesaid offence, present detention order dated 27-8-2001 was served on him on the ground that the act of slaughtering a cow and throwing the carcass and its flesh into a well caused tension between two communities residing in its vicinity. The news was also published in some newspapers. Additional force was deployed to check the mounting tension between rival communities. It is further contended in the grounds of detention that the petitioner was frantically trying for bail which ultimately was granted to him after the passage of the abovesaid detention order.3. Learned counsel for the pe...
Kusum Lata Ujalayan Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Aug-08-2002
Reported in: (2002)3UPLBEC2665
A.K. Yog, J. 1. Sri Devi Mandir Kanya Inter College, Khatauli, Muzaffarnagar (for short called, the College) admittedly is a Government aided Girls Inter College which is a recognised Institution as contemplated under the provisions of the U.P. Intermediate Education Act, 1921 (as amended up to date) and the provisions of Payment of Salaries Act, U.P. Secondary Education Services Commission Act (as amended from time to time), Rules and Regulations framed thereunder. 2. The petitioner was initially appointed as Assistant Teacher (C.T. Grade) in the College on August 8, 1988 on ad hoc basis on substantive vacancy vide appointment letter dated 8.8.1988/Annexure-1 to the writ petition. The petitioner could not join the post for some reasons and being constrained, filed Writ Petition No. 5247 of 1989 in which the learned Single Judge passed interim order on the application of the petitioner directing that subject to any further orders passed by this Court, the respondent Nos. 1, 2 and 3 sha...
Mayank Srivastava Vs. Indian Institute of Information Technology (Deem ...
Court: Allahabad
Decided on: Aug-08-2002
Reported in: (2002)3UPLBEC2729
S. K. Singh, J. 1. Prayer in this petition is for a direction to the respondents to hold counselling for the petitioner and to consider his candidature for admission in the course of B. Tech. Information Technology (IT.), 2001.2. As pleadings between the parties are complete, on the request of Counsel for the parties the matter is being heard on merits and is being finally decided and Counsel appearing on both sides have been heard at length.3. Pleadings in this petition appears to be in bulk, as it consists of writ petition, counter-affidavit, four supplementary counter-affidavits, rejoinder-affidavit, which all have been perused.4. The facts of the present case travels in a narrow compass which can be summarised. Petitioner appeared in the entrance examination conducted by the respondents for the course of four years B. Tech., in Information Technology (I.T.). Petitioner was allotted Roll No. 328050987. Procedure for admission and terms and conditions for the purpose of admission is ...
Jai Hind Bottling Company (P) Ltd. Vs. Commr. (Appeals) C. Ex.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(83)ECC587; 2002(146)ELT273(All)
ORDERR.B. Misra, J.The present writ petition has been filed against the order dated 26-6-2002 (Annexure-2) passed by Commissioner (Appeals), Central Excise, Allahabad.1. Heard Sri Bharat Ji Agrawal along with Sri Pankaj Bhatia, learned Counsel for the petitioners and Sri Subodh Kumar, learned Counsel for the respondents.2. Brief facts necessary for adjudication of the present writ petition are that the petitioner is a company duly registered under the Companies Act and engaged in the manufacturing of soft drinks falling under Chapter XXII of the Central Excise Tariff Act, 1985. The respondent No. 2 i.e. Additional Commissioner (Central Excise) issued a notice on 2-6-1999 demanding excise duty along with interest and mandatory penalty and intended to levy a penalty under Rule 209A of the Central Excise Rules, 1944 on the petitioners nos. 2, 3 and 4. After hearing the petitioners, the respondent No. 2 passed an order on 26-12-2001 thereby imposing duty of Rs. 14,02,900/- along with inter...
Dhiwar Samaj Samiti Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(4)AWC2989
Binod Kumar Roy and M.P. Singh, JJ. 1. Whether the Government has committed any constitutional wrong in not providing reservation for the people belonging to Dhiwar (Mallah) Caste on the strength of their population is the sole question which falls for our adjudication in this writ petition in which 'Dhiwar Samaj Samiti, Maryad Patti', has come up with a prayer to command respondent Nos. 1 and 2 to extend the benefit of reservation under Articles 15 and 16 of the Constitution of India to the people belonging to Dhiwar Caste according to their proportion in the Society excluding those who fall in the creamy layer. 2. It is alleged inter alia, that the main object of the Society is to guard the interest and welfare of the DhiwarSamaj ; that even though the caste Dhiwar figures in the list of backward classes published by the Government, it has not been given an opportunity in the Employment or Education or even in Elections in proportion to their population and hence, this writ petition....
Ansar Mehdi and anr. Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(4)AWC3099
S.N. Srivastava, J.1. By way of this writ petition, the petitioner prayed for quashing the judgment and decree dated 19.9.1986 passed by Judge, Small Causes Court, Amroha, decreeing the suit for ejectment and for arrears of rent, and revisional court's judgment and decree dated 25.4.1987, dismissing the revision.2. The facts borne out from the record are that one Sayed Nishar, the landlord filed an application for seeking permission to file a suit for ejectment against tenant in respect of the house in question, i.e., 64/74 Mohd. Jafri, Amroha, district Moradabad. This application under Section 3 of the U. P. (Temp. Control) of Rent and Eviction Act, 1947, was allowed by the Rent Control and Eviction Officer, Moradabad by the order dated 3.6.1970.3. The Rent Control and Eviction Officer granted permission to file a suit after recording clear cut finding in the said order that landlord, who is 74 years of age and after his retirement is residing in a Imambarah, i.e., a charitable Instit...
Smt. Sneh Sharma Vs. Regional Assistant Director of Education (Basic) ...
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(4)AWC2998; [2002(95)FLR74]; (2002)3UPLBEC2815
Anjanl Kumar, J.1. The petitioner is working as Assistant Teacher in a recognised senior basic school, namely, Shri Narain Das Vidya Mandir, Rajpurajat, Mathura, which is a recognised institution within the meaning of U. P. Basic Education Act and is also governed by the provisions of U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978. 2. The facts giving rise to the filing of the present writ petition are that a vacancy of assistant teacher was advertised in Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra, which is also a recognised institution within the meaning of U. P. Basic Education Act and U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978, also applies to this institution. 3. Rule 18 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools). (Recruitment and Conditions of Service of Teachers) Rules, 1978, provides for transfer of teachers from one recognised institution to anothe...
Ram Bharosey Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(4)AWC3097
M. Katju and K.N. Sinha, JJ.1. Heard learned counsel for the petitioner and learned standing counsel.2. It appears that petitioner was given a fishery lease from 28.12.1991 to 27.12.2001. The period of that lease expired on 27.12.2001. It is alleged in paragraph 7 to the writ petition that the fishery lease was renewed for a further 10 years from 13.5.2002 to 12.5.2012 (Annexure-5 to the writ petition). He alleged that in pursuance of the renewal, he has deposited renewal fee charge. However, the renewal has been cancelled (Annexure-1 to the writ petition) by the S.D.M.. Badaun vide his order dated 9.7.2002. Aggrieved by this order, the petitioner has approached this Court.3. It has been repeatedly held by several decisions of this Court that after the term of the fishery lease has expired, there cannot be any renewal but there should be a fresh public auction or public tender after advertisement in newspapers having wide circulation vide Ashok Kumar v. State 1995 ACJ 1066, Panchoo v. ...
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