Allahabad Court March 2003 Judgments
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Shailendra Kumar Vs. Chief General Manager, Bharat Sanchar Nigam Ltd. ...
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(2)AWC1485
ORDERM.Katju and Prakash Krishna, JJ. 1. Heard learned counsel for the petitioner.2. The petitioner has prayed for a writ of mandamus directing the respondents to accept his candidature as an eligible candidate and give him appointment on the post of Junior Telecom Officer.3. The petitioner has passed his B.E. Examination. He applied against the advertisement for selection to the post of Junior Telecom Officer. A copy of the said advertisement is enclosed as Annexure-1 to the writ petition. It was mentioned therein that only those candidates who have been declared passed and who have been Issued provisional degree/mark-sheet on or prior to 31.7.2002 could apply. The petitioner submitted his mark-sheet of B.E. Examination on 29.7.2002 with the relevant mark-sheet but the degree was submitted after 31.7.2002 because the degree was not available on or before 31.7.2002. However, although the petitioner was selected he was not given letter of appointment because he did not submit his degree...
Anil Kumar Singh Vs. Smt. Kanak Prabha Dutta and ors.
Court: Allahabad
Decided on: Mar-25-2003
Reported in: II(2003)BC557; 2003CriLJ4078
K.N. Sinha, J. 1. The present revisions arise out of the order dated 17.11.2001 passed in different revisions. The matter in controversy and the law points involved are common, hence both the revisions are being decided by the common order. 2. The brief facts relating to Criminal Revision No. 658 of 2001 are that Smt.Kanak Prabha Dutta opposite party No. 1 filed a complaint under Sections 138/141 of the N.I. Act Police Station George Town, Allahabad, on the ground that the revisionist Anil Kumar Singh and opposite party Nos. 3 to 6 were the partners of the firm opposite party No. 2. Mr. P.N. Singh opposite party No. 3 took Rs. 1,00,000/- (One lac) from Kanak Prabha Dutta with a promise to return the same on 30.6.1997. On the said date cheque number 097603 was issued by opposite party No. 3, which was presented to the Bank on the same day but the Bank informed on 3.7.1997 that it cannot be paid on account of shortage of money in the said account. The opposite party No. 2 Smt. Kanak Prab...
Ram Pal Vs. Civil Judge and ors.
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(2)AWC1687
ORDERN.K. Mehrotra, J. 1. This is a revision under Section 115 of the Code of Civil Procedure, 1908 against the order dated 28.2.2003 passed by the opposite party No. 1 Civil Judge Hawali (Junior Division), Lucknow in Regular Suit No. 167 of 2003, Ram Pal v. Shanker Lal and Ors. by which the learned trial court in the suit filed by the plaintiff has issued notice on an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure instead of granting or refusing any injunction.2. At the time of hearing at the admission stage, the learned counsel for the revisionist has stated that in the trial court, the application for ad-interim injunction is fixed for hearing on 15.4.2003 and he has conceded that in view of the decision of this Court in Rajendra Singh and Ors. v. Brij Mohan Agarwal and Anr., 2003 (1) JCLR 314 (All), this revision is not maintainable. So he does not press this revision and requests for direction to the trial court to expedite the disposal of the applicat...
Rama Paper Mills Limited and Vam Organic Chemicals Limited Vs. State o ...
Court: Allahabad
Decided on: Mar-25-2003
Reported in: [2003]132STC8(All)
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the circular dated June 20, 2000, annexure 3 to the writ petition, in so far as it relates to the deletion of diesel oil from the recognition certificate and registration certificate of the petitioner. The petitioner has also prayed for a mandamus restraining the respondents from taking any proceedings in pursuance of the notices dated June 29, 2000 and July 5, 2000, annexures 4 and 5 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents to issue forms III-B and forms C regularly for the purchase of diesel to be used in diesel generating sets for running the factory of the petitioner.2. We have heard learned counsel for the parties.3. The petitioner is a public limited company incorporated under the Indian Companies Act having its registered office at Bhartiagram, district Jyotiba Phula Nagar (Amroha). The petitioner has established a continuous process chemical in...
Rajendra Kumar Kapoor Vs. Principal Secretary, (Higher Education) and ...
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2141; (2003)2UPLBEC1160
M. Katju, J.1. This writ petition has been filed for a writ of certiorari quashing the impugned order dated 3.8.2001 Annexure-13(a) to the writ petition and for a mandamus directing the respondents to recalculate the pension due to the petitioner by adding his service from 1.3.1963 to 8.9.1967 in the Directorate of Industries and to pay him arrears with interest accordingly.2. We have heard learned counsel for the parties.3. The petitioner was selected and joined as Record Keeper-cum-Accountant in the Directorate of Industries, Kanpur on 1.3.1963. Thereafter the petitioner was selected as Superintendent (Examination) in Kanpur University in 1967. He resigned on 8.9.1967 from the Directorate of Industries and joined on the same day as Section Officer, Kanpur University. True copy of the order of the Directorate of Industries accepting the resignation of the petitioner from the post of Record Keeper-cum-Accountant w.e.f. 8.9.1967 is Annexure-3to the writ petition. The petitioner was prom...
Badri and ors. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2041
S.N. Srivastava, J.1. Heard learned counsel for the parties.2. Petition in hand is directed against the judgment and order dated 31.3.1999 passed by the Deputy Director of Consolidation (Annexure-7 to the writ petition) by which Revision No. 1076 preferred by Kapil Deo was allowed and chafes allotted at the stage of Consolidation Officer between the parties were re-arranged. The learned counsel for the petitioner submitted that the revisional court has passed orders on the ground that chaks in question were the original holdings of the respondent Nos. 2 and 3 and in consequence, interfered with the arrangement made at the level of Consolidation Officer and re-allocated the same to the respondents and those of the respondents to the petitioners. It is further submitted that from a perusal of C.H. Form No. 23, the finding recorded by the Deputy Director of Consolidation is impaired and wears the taint of perversity. The learned counsel next submitted that by this order, plot Nos. 383, 62...
Jagdish Chandra Gupta Vs. Dr. Kumari Vimla Gupta
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2133
S.P. Srivastava, J.1. The appellant, who had not been impleaded as a party-respondent in a proceeding initiated by Dr. Kumari Vimla Gupta--the present respondent, for her being appointed as guardian of the person and property of Km. Sweta Gupta--the minor, has filed this appeal under Section 47 of the Guardians and Wards Act, 1890, feeling aggrieved by the impugned order passed by the District Judge, Kanpur Nagar, appointing the respondent in this appeal as guardian of the person and property of minor--Km. Sweta Gupta with certain directions.2. Since the appellant had neither been impleaded in the proceeding giving rise to this appeal nor, as asserted by him, he had any notice of the same, an application seeking grant of leave to file the appeal being Civil Misc. Application No. 91483 of 2002 had been moved by him. The said application had been allowed after hearing the learned counsel for the parties vide the order dated 23.5.2002.3. Heard the learned counsel for the appellant as well...
A.N. Verma Vs. S.K. Chaturvedi, Managing Director, Bharat Pumps and Co ...
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2138; (2003)IIILLJ701All
M. Katju, J.1. This writ petition has been filed for quashing the impugned notice dated 29.4.2002 Annexure-1 to the writ petition.2. Heard learned counsel for the parties.3. The petitioner retired on 30.4.2002 from the post of Senior Engineer in Bharat Pumps and Compressors Ltd., Naini, Allahabad. He was served a notice dated 2.5.2002 that is two days after the retirement, copy of which is Annexure-1 to the writ petition. In this notice it was mentioned that disciplinary proceedings against the petitioner are pending and have not been concluded and the management has decided to continue the said proceedings and the petitioner should personally appear before the disciplinary authority on 28.5.2002 at 10 a.m. in respect of the charge-sheet dated 24.11.1988.4. It appears that a charge-sheet was issued to the petitioner on 24.11.1988 but the enquiry was not concluded up to the date of retirement till 30.4.2002. It is alleged that the letter dated 2.5.2002 has been issued by an incompetent ...
Bal Krishna Ojha Vs. Commissioner and ors.
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2166
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the impugned seniority list dated 14.12.2000 Annexure-0013 to the writ petition and for a writ of mandamus directing the respondents not to interfere with the working of the petitioner as Assistant Engineer in the Department of district Rural Development Agency/ Rural Engineering Services on the basis of the order dated 26.3.1990. The petitioner also prayed for a mandamus directing the respondents to promote the petitioner as Assistant Engineer on regular basis and to include his name in the seniority list. 2. We have heard learned counsel for the parties. 3. The petitioner joined the Rural Engineering service in 1972 as Junior Engineer, A seniority list of Junior Engineers was published on 16.4.1986 in which the petitioner's name is at Serial No. 92 while several persons junior to the petitioner at that time were promoted and were working as Assistant Engineer. The petitioner also claimed promotion as A...
Shiv Sevak Pandey Vs. Vice-chancellor, Allahabad University and anr.
Court: Allahabad
Decided on: Mar-25-2003
Reported in: 2003(3)AWC2145
Ashok Bhushan, J.1. Heard counsel for the petitioner and Sri A. B. L. Gaur learned counsel appearing for the respondents. 2. Sri A. B. L. Gaur learned counsel appearing for the respondents has produced the original record pertaining to allegation of unfair means against the petitioner and cancellation of his examination and debarment.3. Both the counsel have agreed that the writ petition be finally disposed of. 4. By this writ petition, the petitioner has prayed for quashing the order, Annexure-3 to the writ petition, by which the petitioner's result of B.A. II of 2002 has been cancelled and he has been debarred from subsequent examination of 2003. 5. Petitioner while appearing in B.A. II examination on 22nd April, 2002 was intercepted by dying squad on the basis of certain writing in pencil in his answer sheet. The petitioner was asked to fill up unfair means form in the examination hall which was filled up and signed. The petitioner denied the allegation of unfair means. A show cause...
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