Allahabad Court September 2002 Judgments
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Anuj Gupta (Minor) Vs. Central Board of Secondary Education, Through I ...
Court: Allahabad
Decided on: Sep-18-2002
Reported in: (2003)1UPLBEC44
S.P. Mehrotra, J.1. The petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia, praying for following reliefs :-'(a) issue a writ, order or direction in the nature of mandamus commanding the respondents to produce the copy of subject Code No. 087 Social Science of the petitioner of Supplementary Examination, 2002 of Central Board of Secondary Education, Delhi in this Hon'ble Court.(b) issue a writ, order or direction in the nature of mandamus directing the respondents to revaluation the subject Code No. 087 Social Science of the petitioner of Supplementary Examination, 2002 of Central Board of Secondary Education, Delhi.(c) Pass an appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.(d) Award cost of writ petition in favour of the petitioner'.2. From the averments made in the writ petition, it appears that the petitioner appeared in Secondary School Examination of...
Patharoo and ors. Vs. U.P. Awas Evam Vikas Parishad and ors.
Court: Allahabad
Decided on: Sep-18-2002
Reported in: (2002)3UPLBEC2591
G.P. Mathur, J. 1. These writ petitions under Article 226 of the Constitution have been filed for quashing the notifications dated 14.9.1983 and 3.6.1987 issued under Sections 28 and 32 respectively of U.P. Awas Avam Vikas Parishad Adhiniyam, 1965. A further prayer has been made that a writ of mandamus be issued declaring the entire acquisition proceedings under the impugned notifications as having lapsed and the respondents be restrained from interfering in the possession of the petitioners over the plots in dispute.2. The U.P. Awas Evam Vikas Parishad (hereinafter referred to as the Parishad) floated a scheme known as Bhumi Vikas & Grih Asthan Yojna in Azamgarh and a notification under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam) was issued on 14.9.1983 inviting objections to the scheme within 30 days. The notification mentioned the boundaries of the area comprising in the scheme. After the scheme had been sanctioned by the St...
State of U.P. Vs. Raja and ors.
Court: Allahabad
Decided on: Sep-17-2002
Reported in: 2003CriLJ1816
V.N. Singh, J.1. The appeal has been filed against the judgment dated 27-1-2001 passed by VII Additional Sessions Judge, Budaun, by which, he acquitted the accused Raja, Kallu and Jahim under Section 302 read with Section 34, I.P.C.2. Prosecution case, in brief, is that, about two years back at the time of construction of house of Nasrin, daughter of the complainant, some altercation took place with Mohd. Qasim of the Mohalla. In connection with the said house, a civil suit was pending between Sadiq, the son-in-law of the complainant, and the said Qasim. As the complainant and his family members used to do pairvi in the civil case of his son-in-law, Qasim and his sons were having grudge with the family members of the complainant, and they used to threat to kill them. On 1-6-1999, while complainant Yakub and his son Jakir alias Chhotey were coming from the market and were going to their house, in the way near the JHANDEWALI MASZID at about 10 a.m., the accused persons began to abuse Jak...
Virendra Prakash Madnawat Vs. Uttar Pradesh Power Corporation and ors.
Court: Allahabad
Decided on: Sep-16-2002
Reported in: AIR2003All122
1. This writ petition has been filed against the U,P, Power Corporation. Earlier the counsel for the U.P. Power Corporation was Sri Sudhir Agarwal but now the U.P, Power Corporation has appointed Sri Vinod Misra as its counsel in the cases of the Corporation in the High Court.2. It has been stated by Sri Rajesh Misra. junior of Sri Vlnod Misra that the files of the cases of U.P. Power Corporation are not being handed over by Sri Sudhir Agarwal to Sri Vlnod Misra on the ground that the fees of Sri Sudhir Agarwal have not been paid by the Corporation.3. It has been held by the Supreme Court in (2000) 7 SCC 264 : (AIR 2000 SC 2912) R.D. Saxena v. Balram Prasad Sharma that if a litigant changes his lawyer the previous lawyer cannot hold up the files with him on the ground that his fees have not been paid. These are two separate issues and cannot be mixed up.4. In the cases of U.P. Power Corporation which are coming before us adjournments are being sought by Sri Vinod Misra on the ground th...
Shakuntala Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-16-2002
Reported in: 2003CriLJ687
ORDERU.S. Tripathi, J.1. This application under Section 482 Cr. P.C. has been filed for setting aside orders dated 29-7-2002 passed by VII Additional Sessions Judge, Allahabad and dated 8-11-2000 passed by Chief Judicial Magistrate, Allahabad and for directing the Court below to take cognizance on the application of applicant under Section 156(3) Cr. P.C. to direct the authority concerned to lodge report.2. It appears that applicant moved an application before Special Chief Judicial Magistrate, Allahabad under Section 156(3) Cr. P.C. for direction to the police station George Town to register a case against opposite parties No. 2 to 4 under Sections 419, 420, 467 and 468 IPC with the allegation that. Jangilal Was maternal uncle executed a will dated 20-4-1986 in her favour in respect of plot No. 18/1 on which house No. 689/2/67 was situated since 1980. The name of the applicant was recorded in records of Nagar Nigam on basis of above will in the year 1989.3. The applicant later on sold...
Anuradha Dubey (Km.) Vs. Secretary, Madhyamik Shiksha Parishad and ors ...
Court: Allahabad
Decided on: Sep-16-2002
Reported in: (2002)3UPLBEC2771
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 a writ, order or direction in the nature of mandamus directing the respondents 'to scrutiny English IInd Paper.'2. It is, inter-alia, alleged by the petitioner that the petitioner has appeared in the Intermediate Education for the year 2002 from Government Girls Inter College, Etawah, with roll number 0350243; and that the petitioner was declared failed in the examination; and that while the petitioner secured good marks in other papers, the petitioner got only 05 marks in English IInd Paper; and that the petitioner has applied for scrutiny before the respondent on proper form on 13.7.2002; and that the petitioner has also fulfilled all the formalities as required by the respondent, including deposit of Rs. 40/- in the Treasury Office of State Bank of India, Etawah, the photocopy of the challan has been filed as Annexure No. 2 to t...
Smt. Raj Rani and anr. Vs. the U.P. Financial Corporation
Court: Allahabad
Decided on: Sep-13-2002
Reported in: III(2003)BC174
M. Katju, J. 1. This writ petition has been filed for a writ of mandamus restraining the respondents from initiating any recovery proceeding against the petitioner for the alleged dues of the Company/Metro Rims India Private Limited, Industrial Area, G.T. Road, Ghaziabad. 2. Heard learned Counsels for the parties. The facts of the case are that there was a partnership firm named Metro Wheels India (hereinafter referred to as 'partnership firm') having three partners, Pawan Agarwal, Ashwani Kumar and Subhash Chandra Gupta. This partnership firm carried on the business of manufacture and sale of rims of cycle and rickshaw. The partnership firm took a sanction term loan of Rs. 17.75 lacs and Rs. 2.22 lacs for the purchase of generator. The petitioners stood sureties for the loan and also furnished an affidavit on 23.4.1988 in respect of the properties in this connection to the U.P. Financial Corporation, respondent No. 1. 3. The aforesaid partnership firm was dissolved, and with the permi...
Smt. Garibi and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-13-2002
Reported in: 2003CriLJ671
Y. R. Tripathi, J. 1. Both these criminal appeals arise out of the common judgment dated 17-1-1992 and order dated 20-1-1992 passed by Sri Brijendra Singh, IInd Addl. Sessions Judge, Allahabad in Sessions Trial No. 505 of 1986, whereby he having held both the appellants guilty of the offence under Section 302, I.P.C. read with Section 34, I.P.C. has sentenced them to undergo Life Imprisonment. Appellant-Durga Prasad has further been held guilty of the offence under Section 201, I.P.C. and sentenced to three years Rigorous Imprisonment. Both the sentences of Durga Prasad have been directed to run concurrently.2. Appellant-Smt. Garibi is the wife of the other appellant-Durga Prasad and admittedly they are in-laws of the deceased-Bindurani, who was married to their son Ghanshyam on 12-5-1981.3. The prosecution case as unfolded in evidence before the trial Court is that on the morning of 12-2-1984 Durga Prasad along with his son had gone to a nearby Jungle to satisfy natural call, and when...
Jeevan Ji Mehrotra Vs. Appropriate Authority and ors.
Court: Allahabad
Decided on: Sep-12-2002
Reported in: (2003)180CTR(All)142; [2003]260ITR308(All)
1. The petitioner has approached this court against the order dated December 27, 2001 passed by respondent No. 1 under Section 269UD(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for pre-emptive purchase of the property by respondent No. 2 belonging to respondent No. 3. The petitioner has alleged in the petition that he entered into an agreement to sell dated September 3, 2001, with respondent No. 3 for the purchase of the residential house No. 9/42, Suryodaya Colony, Rana Pratap Marg, Lucknow, for the total sale consideration of Rs. 30,00,000 (rupees thirty lakhs) and an advance of Rs. 11,00,000 (rupees eleven lakhs) was paid by the petitioner to respondent No. 3. Since the value of the property in question is more than rupees twenty lakhs, the transferor was under an obligation to obtain a no objection certificate under the provisions contained in Chapter XX-C of the Act. The petitioner and respondent No. 3 jointly applied on the prescribed Form No. 37-1 on S...
Sukhdeo Vs. Industrial Tribunal and anr.
Court: Allahabad
Decided on: Sep-12-2002
Reported in: 2003(2)AWC1220; [2003(96)FLR547]
Anjani Kumar, J.1. This writ petition was heard by me on 12th September, 2002 and after hearing learned counsel for the parties, I have dismissed the petition for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.2. By means of the present writ petition under Article 226 of the Constitution of India the petitioner, who was a workman and worked with the employer-Adhikshak Farm, Aalu Evam Masala Utpadan Kendra, district Deoria, sought the reference, which has been referred to by the State Government vide its order dated 13.2.1980, before the labour court for adjudication in the following form :^^D;k lsok;kstdksa }kjk vius Jfedlq[knso iq= nqD[kh dks fnukad 1-10-1977 ls lsok lekIr fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS ;fn ugha] rks lEcfU/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS rFkk fdl vU;fooj.k ds lkFk ** 3. The labour court on receipt of the aforesaid reference, issued notices to the parties to complete the pleadings and ...
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