Allahabad Court September 2002 Judgments
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Navyug Radiance Senior Secondary School Society and anr. Vs. Registrar ...
Court: Allahabad
Decided on: Sep-07-2002
Reported in: 2002(4)AWC3050
Jagdish Bhalla and P. K. Chatterji, JJ.1. By an interim order dated 9.7.2002, learned single Judge while recording certain findings directed the Registrar to hold the fresh election of Committee of Management within two months from that date in accordance with the relevant provisions of the Societies Registration Act and Rules framed thereunder.2. Aggrieved by the above order, the appellants have preferred this special appeal inter alia on the ground that the Registrar has no power under Section 25 (2) of the Societies Registration Act, 1860 [hereinafter, referred to as the Act] but the learned single Judge has passed the impugned order upholding the order of the Registrar for the reason that the case appeared to be of strange type, who without recording any finding declared the order of the Registrar to be perfectly legal and justified. Learned single Judge, according to the learned counsel for the appellant, has committed an error in not adverting to the submission that the order of ...
U.P. State Sugar Corporation Vs. Labour Court and anr.
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2002(4)AWC3150; [2002(95)FLR350]
Anjani Kumar, J.1. Following reference was made to the labour court, Varanasi, which has been answered by the labour court by its award dated 16th May, 1997 in Adjudication Case No. 50 of 1992.^^D;k lsok;kstdksa }kjk vius JfedvejukFk vxzoky] iq= Lo- xksj[kukFk vxzoky in lgk;d ys[kkdkj dks fnukd14-9-1989 ls ukSdjh esa u fy;k tkuk vuwfpr ,oa voS/kkfud gS ;fn gk rks JfedD;k mi'ke ikus dk vf/kdkjh gS**2. The employer M/s. Ratna Sugar Mills, Shahganj, Jaunpur, was taken over by the State Government under the statutory provisions and is being run by the petitioner. The Corporation has taken over sugar mill on 24th April, 1989 and under the terms of acquisition, all workmen who were employed on the relevant date, i.e., the date of acquisition shall be deemed to be and would become employee of the Corporation on the same terms and conditions on which they were working with the Corporation. The employer has set up the case that the workman concerned Sri Amar Nath Agarwal was not given any lette...
Swadeshi Cotton Mills Vs. Sultan Ahmad
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2003(1)AWC60; (2003)1UPLBEC307
S.P. Srivastava, J. 1. Heard the learned counsel for the appellant as well as the learned counsel for the respondents.2. Perused the record.3. In this second appeal, notice had been issued to the respondent calling upon him to show cause as to why the appeal be not admitted and also for putting in appearance on 20.4.1993 on which date the case was directed to be listed for admission or final disposal as the case may be.4. The following substantial question of law is involved in this appeal for consideration :'Whether in view of the finality of the provisions contained in Dr. Sampurnanand award of the year 1962 to which the plaintiff was to be deemed to be a party, the first appellate court erred in law in reversing the decree passed by the trial court.'5. It may be noticed that this second appeal was connected with Writ Petition No. 9786 of 1993, vide the order dated 11.5.1999.6. Taking into consideration the nature of the controversy involved, both the second appeal as well as writ pe...
Mewa Lal Vs. State of U.P.
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2003CriLJ675
ORDERU.S. Tripathi, J. 1. This revision has been directed against the order dated 3-8-2002 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Jaunpur in Criminal Appeal No. 38 of 1998 dismissing the appeal in default and sending back the record for executing the sentence awarded to the applicant.2. It appears that the applicant was tried in Criminal Case No. 1421 of 1992 for the offence punishable under Sections 7/16 of Prevention of Food Adulteration Act. The facts of the case were that on 24-11-1985 at about 2 p.m., the applicant was found exposing 22 kg. mustard oil for sale in village Pawara. P. S. Pawara, district Jaunpur. The Food Inspector inspected the shop of the applicant and suspecting adulteration in the mustard oil took sample of 375 grams mustard oil on payment of a sum of Rs. 4.50 P.as its price, vide receipt. The above sample was divided into three parts kept in separate dry and clean bottles and sealed separately. A spot memo was also prepared. One part of t...
Munna Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2004CriLJ1527
ORDERU.S. Tripathi, J. 1. Heard learned counsel for the petitioner and the learned A. G. A.2. This petition under Article 226 of the Constitution of India has been filed for quashing the order dated 9-7-2002 passed by the Chief Judicial Magistrate, Jhansi directing the Station Officer, P. S. Gurusarai, District Jhansi to initiate a proceeding under Section 182, I.P.C. against the petitioner and the order of the Revisional Court dated 20-7-2002 dismissing the revision of the petitioner.3. The petitioner lodged a report against Smt. Savitri Devi, Halkey Ram, Akhilesh Ram and Kusuma Devi in-laws of his daughter Laxmi Devi with the allegation that marriage of Laxmi Devi was performed on 4-12-1998 with Shiv Kumar S/o Ram Sahai. After the marriage her in-laws started demand of dowry of Rs. 50,000/- and on refusal to pay the above dowry they started treating his daughter with cruelty. Thereafter, they also committed her dowry death on 20-6-2002 by burning her. On the above report a case at Cr...
Lachchhu Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2003CriLJ668
M. C. Jain, J. 1. This appeal has been preferred from jail by the accused/appellant, Lachchhu against judgment and order dated 19/20-4-1999 passed by Sri P. S. Chhabara, 1st Additional Sessions Judge/Special Judge (D.A.A.), Lalitpur in Sessions Trial No. 9 of 1998, convicting him under Section 302/34, I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs. 15,000/-. He has been ordered to undergo further R.I. for three years' in case of non-payment of fine.2. Broad essentials of prosecution case culminating into the conviction of the accused-appellant may be set forth. The incident took place on 15-9-1997 at about 6.45 a.m. in village Gauna, Police Station, Saujana District Lalitpur. The report was lodged the same day at the concerned police station at 1.00 p.m. by Mathua son of Daulat. The deceased was Anoopa resident of village Sukalquwa, Police Station, Madora. In the previous evening, he had come to the house of Kamauda son of Mathua in village Gauna and had...
Arun Kumar Awasthi Vs. Sadhan Sahkari Samiti Ltd., Through Its Secreta ...
Court: Allahabad
Decided on: Sep-06-2002
Reported in: (2003)1UPLBEC193
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the resolution dated 8th March, 2002 (Annexure-4 to the petition) passed by the Board of Directors of the Society and the order dated 8th March, 2002 (Annexure-5 to the petition) issued by the Secretary of the Society.2. It is inter alia, alleged in the writ petition that the petitioner was appointed on the post of Accountant in the respondent Society, namely, Sadhan Sahkari Samiti Ltd.; and that First Information Report dated 6th July, 2000 in Case Crime No. 123/2000 under Sections 400, 467, 468 and 471, I.P.C. was lodged against the petitioner; and that by the order dated 2nd August, 2000 (Annexure-2 to the petition), the petitioner was placed under suspension; and that the petitioner was granted bail by this Court by order dated 20th March, 2002 passed on Bail Application No. 11695 of 2001; and that the petitioner was not subjected to depart...
Brij Kishore Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-06-2002
Reported in: 2002CriLJ4577
ORDERU.S. Tripathi, J. 1. Heard learned counsel for the petitioner-Sri Kameshwar Singh appearing on behalf of respondent No. 3 and the learned A.G.A.2. This petition under Article 226 of the Constitution of India has been filed for quashing the order dated 4-5-2002 passed by Sub-Divisional Magistrate, Sikandarpur, district Ballia in Criminal Case No. 30 of 1997 making the conditional order under Section 133(1), Cr.P.C. absolute as well as the order dated 6-8-2002 passed by the Sessions Judge, Ballia in Criminal Revision No. 198 of 2002.3. It appears that on the report of S.O., P. S. Pakari, district Ballia dated 11-9-1997 a proceeding under Section 133, Cr.P.C. was initiated against the petitioner on the ground that he had made encroachment on public path by causing obstruction to the public path. Considering the report of S.O., P. S. Pakari the learned Magistrate passed a conditional order dated 17-9-1997 under Section 133(1), Cr.P.C. asking the petitioner to remove the encroachment, ...
Vir Singh Alias Mitthu Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2002(4)AWC3292
M. Katju, J. 1. This writ petition had been filed for a mandamus directing the respondents not to charge any amount from the petitioner for transporting moram greater than the cost of Form MM-11 for the issuance of the said Form. It was also prayed that a mandamus be issued to the respondents to refund the amount already taken from the petitioner for issuing Form MM-11. 2. In this case on 1.8.2002, we had passed the following interim order : 'Heard learned counsel for the parties. Until further orders, we direct that the respondents shall charge only the cost of Form MM-11 for issuing the same and not any greater amount.' 3. We are informed by the learned counsel for the petitioner that the lease period in respect of which Form MM-11 was issued has expired and hence, the first prayer has become infructuous. Hence, we are dealing with the second prayer. 4. The petitioner had participated in an auction/tender proceeding of a lease of sand/moram for a period from 1.10.2000 to 30.9.2001 an...
Pramod Kumar Misra Vs. Indian Oil Corporation Ltd. and ors.
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2002(4)AWC3221
M. Katju, J.1. This writ petition has been filed for a writ of certiorari calling for the entire record in respect of allotment of retail outlet situated at Waheed Nagar, district Sant Ravidas Nagar and for quashing the entire selection process.2. The petitioner has also prayed for a mandamus directing the respondent not to interfere in the running of the retail outlet situated at Waheed Nagar, district Sant Ravidas Nagar by the petitioner. The petitioner further prayed that the respondents be directed not to issue any letter of intent in favour of respondent No. 4 or any of the other empanelled candidates.3. It is alleged by the petitioner that the Government, of India had taken a policy decision by which it allowed parallel marketing In petroleum and its products and the market was opened up for private entrepreneurs, and thus the monopoly which was being exercised by the four oil companies, namely. Indian Oil Corporation, Bharat Petroleum, I.B.P. and Hindustan Petroleum, was ended. ...
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