Allahabad Court September 2002 Judgments
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Awlesh Kumar Singh and anr. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-02-2002
Reported in: I(2003)BC501
Sudhir Narain, J.1. The petitioners have sought a writ of certiorari quashing the letter dated 5.11.2001 (Annexure VI to the writ petition) issued by the Chief Engineer/construction/NC, Northern Railway, Headquarters Office, Kashmere Gate, Delhi (respondent No. 3) rescinding the contract and consequential order dated 26.6.2002 (Annexure XII to the writ petition) issued by the Deputy Chief Engineer/Construction II, Northern Railway, Chandigarh asking the petitioners to deposit Rs. 120.48 lacs towards the railway risk and cost and the letter dated 10.7.2002 (Annexure XIV to the writ petition) issued by the same authority to the General Managers of different Railway Zones throughout the country to withhold payment of dues to the petitioner as he is liable to pay the amount of Rs. 120.48 lacs to the respondents.2. A preliminary objection has been raised by Mr. M.S. Tripathi, learned Counsel for the respondents that the writ petition is not maintainable in this Court as the cause of action ...
Abhai Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-02-2002
Reported in: 2003CriLJ195
ORDEROnkeshwar Bhatt, J. 1. This revision is directed against the judgment and order dated 7-8-1986, passed by the IVth Additional Sessions Judge, Agra in criminal appeal No. 148 of 1984. By the impugned judgment and order conviction and sentence of the revisionist passed in Criminal Case No. 1060 of 1981 on 30-6-1984 has been upheld. The revisionist was sentenced to one year rigorous imprisonment and to fine of Rs. 1000/- and in default of payment of fine to undergo further simple imprisonment for six months.2. Sri R.N. Sharma, learned counsel for the revisionist and the learned A. G. A. for the State have been heard.3. On 6-9-1978 the revisionist was found selling mustard oil at his shop. The sample was purchased by the Food Inspector, Sri B.P. Kulshrestha. The mustered oil Was found adulterated. On the request of the revisionist-accused one phial of sample was sent to the Central Food Laboratory which also found it adulterated.4. It has been contended that the courts below have igno...
Ram Kala Vs. Adhishashi Abhiyanta, Gang Nahar Division and ors.
Court: Allahabad
Decided on: Sep-02-2002
Reported in: [2003(96)FLR429]; (2003)1UPLBEC74
Anjani Kumar, J.1. By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 11.2.98 passed by the Labour Court, UP., Meerut, respondent No. 3.2. The petitioner filed an application before the Labour Court, Meerut under Section 33(c)(2) of the Industrial Disputes Act, 1947 for getting the benefit of the Government Order No. Ve-Aa. 1-1763/10-39 (M)/89, dated 3.6.89 as he has completed 16 years of service and he is entitled for getting the selection grade.3. The employer, respondent, filed his reply stating therein that the workman does not fulfil the requisite conditions of the Government Order dated 3.6.89 and there is a bonafide dispute with regard to the selection grade to be given to the petitioner as he has been awarded an adverse remark, as such he has not been given the benefit of the selection grade.4. The Labour Court after considering the case as set up by the workman came to the conclusion that since the peti...
Smt. Aliya Begum Vs. Smt. Gausiya Khan and ors.
Court: Allahabad
Decided on: Sep-02-2002
Reported in: I(2003)DMC808
Bhanwar Singh, J.1. The parties being common, both these cases are taken up together for disposal.2. By virtue of filing C.M.C. No. 41 of 2001, Smt. Aliya Begum, the mother-in-law of opposite party No. 1, Smt. Gausiya Khan has prayed for transfer of Execution Case No. 1 of 2000, pending in the Court of Additional District Judge (Ayodhya Prakaran), Lucknow to any other Court in any district.3. By means of the other C.M.C. No. 53 of 2000, the aforesaid petitioner Smt. Aliya Begum prays for transfer of Regular Suit Nos. 47 of 1989,233 of 1988,270 of 1989,192 of 1996,180 of 1996 along with Execution Case No. 1 of 2000, pending in the Court of Additional District Judge (Ayodhya Prakaran), Lucknow to any other neighbouring district for trial and disposal.4. The factual matrix of both the transfer petitions is common and the same can be narrated as below :The opposite parties Smt. Gausiya Khan and others filed Regular Suit No. 47 of 1989 in the Court of Civil Judge, Unnao against the petition...
Riaz Ahmad Vs. Additional Registrar (Administration), Co-operative Soc ...
Court: Allahabad
Decided on: Sep-02-2002
Reported in: (2003)1UPLBEC262
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the transfer order dated 21.8.2002 (Annexure 14 to the writ petition) and further for issuance of writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the functioning of the petitioner as Accountant in the office of the District Assistant Registrar, U.P. Co-operative Societies, Siddharth Nagar and pay him salary regularly.2. From the allegations made in the writ petition, it transpires that the petitioner was initially working on the post of Assistant Accountant, and since 29.10.1997, the petitioner is working on the post of Accountant. It further transpires that by the order dated 18th August, 1997 (Annexure 1 to the writ petition), the petitioner was transferred from Gorakhpur to Siddharth Nagar on his request on account of h...
Ramesh Vs. State of U.P.
Court: Allahabad
Decided on: Sep-02-2002
Reported in: 2002CriLJ4575
ORDEROnkareshwar Bhatt, J.1. This revision is directed against the judgment and order dated 17-3-1986 passed by the Special/Additional Sessions Judge, Ghaziabad in Criminal Appeal No. 196 of 1985. By the impugned order conviction and sentence of the revisionist under Sections 7/16, Prevention of Food Adulteration Act (hereinafter called the Act) has been maintained. The revisionist has been sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 1000/-and in default of payment of fine to undergo further simple imprisonment for three months. The order of conviction and sentence has been passed by the then Judicial Magistrate, Ghaziabad on 4-10-1985 in case No. 1921 of 1983.2. Heard Sri Ravindra Singh, learned counsel for the revisionist and the learned A.G.A. for the State.3. According to the prosecution case on 23-4-1982 Food Inspector, Sri J. P. Sharma, checked the milk carried by the revisionist in two drums for sale. According to the revisionist it was milk of...
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