Allahabad Court January 2003 Judgments
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Management of State Bank of Bikaner and Jaipur Vs. Santosh Kumar Mishr ...
Court: Allahabad
Decided on: Jan-17-2003
Reported in: [2003(96)FLR885]; (2003)IIILLJ607All
D.P. Singh, J.1. The award of the Tribunal given on June 5, 1987, by which reinstatement with full back wages have been granted to the workman, has been challenged by the petitioner Bank.2. Heard Sri Yeshwant Varma learned counsel for the petitioner and Sri K.P. Agarwal, learned senior advocate assisted by Sri A.K. Gaur and Sri Hasan for the respondents.3. The respondent workman Sri Santosh Kumar Mishra was given a temporary appointment by the petitioner-bank as Watchman at the Transport Nagar Branch at Kanpur for a period between September 20, 1982 to December 8, 1982 (a total period of 80 days) vide appointment letter specifying the definite period of appointment. In view of the specific period mentioned in the appointment letter, the services of the workman came to an end after the period mentioned therein had expired. No order of termination was passed by the petitioner Bank. The Government referred the dispute under Section 10 of the Industrial Disputes Act, 1947 (hereinafter refe...
Suggi and ors. Vs. Civil Judge (Junior Division) and ors.
Court: Allahabad
Decided on: Jan-17-2003
Reported in: 2003CriLJ3164
ORDERU.S. Tripathi, J.1. This petition under Article 226 of the Constitution of India has been filed for issuance of a writ of certiorari quashing the orders dated 9-11-2000 and 7-9-2001 passed by respondent No. 1 and the order dated 9-7-2002 passed by respondent No. 2.2. Respondent No. 3, Kunj Bihari lodged a report on 7-1-1999 at 10.45 a.m. at P.S. Khakhreroo, district Fatehpur alleging that his cane crusher was installed in his field in Koria Har, His brother Avadh Bihari Singh had gone on the said crusher for crushing sugarcane in the evening of 6-1-1999. On 6-1-1999 at about 10.00 pm. the complainant was going to the above crusher along with Ramesh Singh, Gulab Singh and Niranjan Singh. When he reached near the crusher he heard cries of his brother Avadh Bihar Singh 'Khagendra Sahoo was killing,' Hearing the above cries the complainant and the persons with him rushed towards the spot flashing their torches. The complainant also heard sound of fire and on reaching the spot he saw. ...
Vijai Singh and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-17-2003
Reported in: 2003CriLJ3461
ORDERK.N. Sinha, J.1. This revision has been directed against the order dated 9-12-2002 passed by Additional Sessions Judge, Fast Track Court Agra in Sessions Trial No. 674 of 1994, State v. Vijai Singh and Ors. rejecting the application of revisionist for holding them juvenile and sending the case to the Juvenile Judge.2. Heard learned counsel for revisionist and learned AGA and Sri V.K. Birla learned counsel for respondent No. 2.3. I have also perused the impugned order. The revisionists were facing trial in Sessions Trial No. 674 of 1996, and on enforcement of the Juvenile Justice (Care and Protection of Children) Act 2000, revisionists moved an application before the Court that the occurrence has taken place in the night between 19th and 20th of January 1996 and the revisionists were juvenile on that date. It was further pleaded that date of birth of revisionist Vijai Singh was 10-3-1979, he surrendered in the Court on 6-2-1996 on the date of incident i.e. on 19-1-1996 the revision...
In Re: Shitla Prasad Mishra, Advocate and 22 ors.
Court: Allahabad
Decided on: Jan-17-2003
Reported in: (2003)1UPLBEC726
M. Katju, Sudhir Narain and S. Rafat Alam, JJ.1. This Full Bench of three Judges has been constituted by the s of Hon'ble theing Chief Justice dated 13.1.2003. The matter relates to contempt of Court proceedings drawn on 7.5.1999 against 23 yers of District Court, Allahabad, namely, S/Sri Shitla Prasad Mishra, Advocate, Rakesh Kumar Srivastava, Advocate, Kamlesh Chaturvedi, Advocate, Lakshmi Kant Tripathi, Advocate, Ram Chandra Sharma, Advocate, OP. Dwivedi, Advocate, Krishna Kumar Mishra alias Balram Guru, Advocate, Pramod Kumar Srivastava, Advocate, Shashi Tewari, Advocate, Dilip Mishra, Advocate, Hari Sagar Mishra, Advocate, Rajesh Kumar Tewari, Advocate, Arun Kumar Tripathi, Advocate, Arvind Kumar Tripathi, Advocate, Maliq Siddiqui, Advocate, Laxmi Kant Tripathi, Advocate, Shiv Sewak Ram Dwivedi, Advocate, Rajendra Kumar Mishra, Advocate, Rajendra Prasad Mishra, Advocate, Sachin Srivastava, Advocate, Nathu Ram, Advocate and Anil Tewari, Advocate.2. The contempt of Court proceedings...
Smt. Gangotri Devi Vs. State Election Commission, Panchayat and Local ...
Court: Allahabad
Decided on: Jan-16-2003
Reported in: 2003(1)AWC526
M. Katju and Prakash Krishna,JJ. 1. Heard the petitioner in person. Sri P.N. Rai has appeared for the respondent Nos. 1 and 2. 2. The petitioner has prayed for a writ of certiorari to quash the election for the post of Adhyaksha, Zila Panchayat, Kushi Nagar. It is settled law that once election process has started, this Court cannot interfere, and the remedy of the petitioner is to file an election petition after the election result has been declared vide Anugrah Narain Singh v. State of U. P., 1996 AWC (Suppl) 148 : 1996 (6) SCC 303 : Election Commission v. Ashok Kumar, 2000 (8) SCC 216 and Shri Sant Sadguru Janardam Swami Sahkari Dugdha Utpadak Sanstha v. State of Maharashtra, 2001 (8) SCC 509, etc. Under Rule 33 of the U. P. Zila Panchayat (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994, the petitioner can file an election petition which, if filed, will be disposed off expeditiously in accordance with law. The petition is, therefore, dismissed...
Prakash Chandra Purwar Vs. Secretary (Agriculture) and anr.
Court: Allahabad
Decided on: Jan-16-2003
Reported in: 2003(1)AWC544; [2003(96)FLR646]
M. Katju, J.1. This writ petition has been filed against the impugned order dated 26.9.2001, Annexure-1 to the writ petition and for a mandamus directing the respondents to promote the petitioner to the post of Deputy Director of Agriculture. 2. Heard learned counsel for the parties. 3. The petitioner was selected and appointed as Assistant Agriculture Engineer on 26.6.1972 vide appointment order dated 1.8.1972, Annexure-2 to the writ petition. It is alleged in Para 4 of the writ petition that the work and conduct of the petitioner since the date of his appointment has always been appreciated by his superiors and no adverse entry was ever awarded to him. The petitioner completed over 29 years as class II employee in the department. In para 6 of the writ petition it is stated that the petitioner was the senior-most person in his cadre as would be evident from the tentative seniority list prepared by the department on 22.5.2001 wherein the name of petitioner finds place at serial No. 1. ...
Paresh Kumar Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-16-2003
Reported in: 2003(1)AWC787
M. Katju and Prakash Krishna, JJ.1. The present writ petition has been filed for a writ, order or direction commanding the respondents to forthwith consider the petitioner for promotion as Assistant Regional Transport Officer against vacancies of the year 1999-2000 and to permit the petitioner to function as Assistant Regional Transport Officer and to pay him salary accordingly. 2. On 13.5.1981, the petitioner was appointed as Assistant Regional Transport Inspector (Technical) and was given ad hoc promotion on 1.1.1988 as Regional Inspector (Technical). By the order dated 27.4.1995, the Transport Commissioner granted promotion to the petitioner as Regional Inspector (Technical) without making any reference to the U. P. Public Service Commission. The aforesaid promotion was granted to the petitioner when the U. P. Public Service Commission(Limitation and Function) (13th Amendment) Regulation, 1994, was in force. The promotions in pursuance of the said amended Regulation of 1994 were exc...
Rampur Distillery and Chemical Co. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-16-2003
Reported in: 2003(1)AWC790
M. Katju, J. 1. This writ petition has been filed for a writ of certiorari to quash the impugned demand notice dated 30.11.1988 copy of which is Annexure-5 to the writ petition and for a mandamus directing the respondents not to recover any amount towards excess transport wastage on rectified spirit in pursuance of the order of the U. P. Excise Commissioner dated 30.11.1988. 2. We have heard learned counsel for the parties. 3. The petitioner is a Company, which was granted a licence in Form P.D. 2 for manufacture of industrial and potable alcohol as also rectifiedspirit. The Excise Commissioner, U. P., issued a permit for supply of rectified spirit to the State Trading Corporation of India, Chanderlok, New Delhi, to the extent of 50 Lakhs bulk litres. The said amount of rectified spirit was to be supplied in conformity with I.S.I. specifications and the same was not to be below the strength of 66.0 degree O.P. The consignment was to be routed through the Bonded Warehouses, Budge Budge,...
Dr. Sushil Rastogi Vs. Director of Investigations, Income-tax Departme ...
Court: Allahabad
Decided on: Jan-16-2003
Reported in: (2003)182CTR(All)194; [2003]260ITR249(All)
M. Katju, J.1. This writ petition has been filed for a writ of certiorari for an appropriate direction declaring as illegal the search and seizure operation conducted on November 23, 2001, by the Income-tax Department and for a mandamus restraining the respondents from proceeding in any manner in pursuance of the said search and seizure and to release the cash of Rs. 6,33,300 and other documents, money and jewellery seized by the Department.2. Heard learned counsel for the parties.3. The petitioner is a dental surgeon and a regular income-tax assessee and has been filing income-tax returns for the last twenty years regularly. The details of the previous six years of his gross receipts from profession, taxable income and tax paid are given in paragraph 2 to the Writ petition. A perusal of the same shows that for the financial year 2000-2001 the gross receipts were of Rs. 45,37,139. The income before depreciation was Rs. 10,46,372, the tax paid was Rs. 2,12,647. True copies of the audite...
Dr. Sabhajeet Yadav and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-16-2003
Reported in: 2003(1)AWC795
ORDERM. Katju, J.1. This writ petition has been filed for a mandamus directing the State Government to release funds for payment of monthly salaries to the petitioners and further directing the respondent No. 2 to release the monthly salaries of the petitioners since the date of their appointment in Kishan Mahavidyalaya Baghano, Ghazipur.2. It is admitted in para 3 of the writ petition that till date, the institution has not come on grant-in-aid category. The institution is a recognized institution imparting postgraduate education, which has been granted permission by the State Government for opening graduate classes in Arts subjects, vide Annexure-1 to the writ petition. The appointment of the petitioners were duly approved by the Vice-Chancellor vide Annexure-2 to the writ petition. True copies of the appointment letters issued by the Committee of Management on 30.9.1991 are Annexures-3A to D to the writ petition. The Committee of Management is not releasing the salaries of the petit...
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