Allahabad Court August 2003 Judgments
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K.S.A. Samiti Ltd. Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Aug-14-2003
Reported in: 2003(4)AWC3353
M. Katju and R. S. Tripathi, JJ.1. Heard the learned counsel for the parties.2. This writ petition has been filed against the impugned orders of the respondent Nos. 1, 2 and 3 mentioned in the letter dated 21.3.2003 (Annexure-1 to the writ petition).3. We have heard the learned counsel for the parties.4. The petitioner is a Housing Cooperative Society registered under the U. P. Co-operative Societies Act (hereinafter referred to as the Act). As stated in paragraph 8 of the writ petition, the term of the elected committee of management of the society is till the year 2005.5. It is alleged in paragraph 10 of the writ petition that suddenly on 22.3.2003, a letter from the Additional City Magistrate II, Barellly, addressed to the Secretary of the society was received in the office of the society informing that under the direction of the Minister of Cooperative Department, Government of U. P., the District Magistrate. Bareilly, has appointed the Additional City Magistrate II, Bareilly, resp...
Nagar Palika Parishad and anr. Vs. Commissioner, Moradabad Commissiona ...
Court: Allahabad
Decided on: Aug-14-2003
Reported in: (2003)3UPLBEC2630
S.N. Srivastava, J.1. By means of the present petition, Nagar Palika Parishad, Kiratpur, arrayed as petitioner, has canvassed the validity of the impugned order dated 20.7.2001 which is an order passed in appeal by the Commissioner, Moradabad Division, Moradabad.2, The necessary facts bearing relevance to the controversy involved in this petition are that the post of Accountant in the Nagar Palika Parishad fell vacant as a consequence of promotion of one Margoob Ahmad to the post of Had Clerk, Nazakat Hussain and Hari Ram Gupta were the two candidates to be considered for promotion to the post of Accountant. Nazakat Hussain was indisputably senior to Hari Ram Gupta. The Nagar Palika Parishad scrutinized the records of both the persons and finally, choice fell on Hari Ram Gupta for promotion vide order dated 20.7.2001. It would transpire from record that the Nagar Palika Parishad was influenced by the factors in rejecting the claim of the Respondent No. 2 that the aforesaid Nazakat Huss...
Agra City Real Estate Development Organisation Vs. State of U.P. and o ...
Court: Allahabad
Decided on: Aug-13-2003
Reported in: 2003(4)AWC3342; (2003)3UPLBEC2101
M. Katju, J. This writ petition has been filed for quashing Rule 5 (c) (ii) of the U. P. Stamp (Valuation of Property) Rules, 1997, framed by the State of U. P. and for a mandamus directing the State Government not to determine the minimum value of commercial buildings on the basis of the aforesaid rule. 2. Heard learned counsel for the parties. 3. The petitioner is a society registered under the Societies Registration Act and has twenty members engaged in development, construction and sale of real estate at Agra including commercial property. 4. Copy of U. P. Stamp (Valuation of Property) Rules, 1997, has been annexed as Annexure-2 to the writ petition. The impugned Rule 5 (c) (ii) states : '5. Calculation of minimum value of land, grove, garden and building.--For the purposes of payment of stamp duty, the minimum value of immovable property forming the subject of an instrument shall be deemed to be such as may be arrived at as follows : .................................................
Ram Pyare Tripathi Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Aug-13-2003
Reported in: [2004(101)FLR331]
ORDERS. N. Srivastava, J.1. Dispute in the writ petition relates to appointment of petitioner as an ad hoc L.T. Teacher. Petitioner was appointed as C.T, grade Teacher in S.B. Inter College Tehri Captainganj, Azamgarh (hereinafter referred to as 'Institution') on 18.10.1981. A post of L.T. grade fell vacant in the year 1987. By resolution dated 6.10.1987 petitioner was promoted as L.T. grade teacher, District Inspector of Schools by order dated 5.4.1988 directed College to submit complete papers. Papers were submitted to District Inspector of Schools. The District Inspector of Schools by letter dated 5.4.1988 further directed to submit further detail which was again submitted by Manager on 13.4.1988. The District Inspector of Schools by letter dated 12.7.1988 rejected promotion as L.T. grade teacher for not having five years substantive service as C.T. grade.2. Heard learned counsel for petitioner and learned standing counsel.3. At the relevant time appointment as ad hoc teacher in L.T...
Mohd. Akhtar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-13-2003
Reported in: 2004CriLJ1560
A. Mateen, J.1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor.2. The present writ petition has been preferred by the petitioner, praying therein that History-sheet Nos. SHA/45-A dated 27th April, 1997, which has been opened by the respondents of the petitioner be quashed and surveillance thereto arising out of the same be stopped.3. It has been argued by the learned counsel for the petitioner that since the police of police-station Safipur, District Unnao was annoyed with the petitioner and thus had opened the history-sheet of Class-A referred to above, in the year 1997 and since then the petitioner has been put on surveillance. It has further been argued that after 1993 no criminal case was registered against the petitioner. The petitioner was elected as Chairman of Town Area Safipur in the year 1995 and remained as such up to the year 2000.4. It comes out from the pleadings that a criminal case Under Sections 302/307, I.P.C. was registered against ...
Smt. Rajodevi and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: 2004(3)AWC2080
R.B. Misra, J.1. Heard Sri Ashwani Kumar Misra, learned counsel for the petitioner and Sri Sandeep Mukherjee learned standing counsel for the State.2. In this petition the prayer has been made for quashing the order dated 21/24.7.1999 (Annexure-8) passed by the respondents rejecting the claim of the petitioner for appointment on compassionate ground under U.P. Recruitment of Dependants of Government Servant, Dying in Harness Rules, 1974 (in short called the 'Rules 1974' hereinafter), with further prayer commanding the respondents to provide suitable employment to the petitioner No. 2 under the 'Rules 1974'.3. The brief facts necessary for adjudication of the present petition are that the husband of petitioner No. 1 and father of the petitioner No. 2 late Prem Pal Singh, died on 15.3.1992, leaving behind his wife, i.e., petitioner No. 1 his two sons (elder son being petitioner No. 2) and two minor daughters. One of the daughter died few years back as the petitioner could not arrange req...
Jyoti Alias Jannat and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: 2003(4)AWC2844
ORDERM. Katju and R. S. Tripathi, JJ.1. Heard counsel for the parties.2. The petitioners as well as the mother of petitioner No. 1 have appeared before us. Petitioner No. 1 is a major as is evident from her High School Certificate filed as Annexure-2 to the writ petition, which shows that her date of birth is 20.7.1984. Thus, she is over 19 year of age. According to the provisions of the Indian Majority Act, 1875, a person who is 18 years of age is major vide Section 3 of the said Act. The law deems that a major understands his/her welfare. Hence a major can go wherever he/she likes and live with any body. This is a free, democratic and secular country. Hence, if a person is a major even parents cannot interfere with that individual.3. The petitioners who appeared before us have stated that they are living with each other of their own free will. In the counter-affidavit which has been filed it has been stated that a First Information Report has been lodged under Sections 363 and 366, I...
Darbari Lal Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: 2003(4)AWC3354; (2003)3UPLBEC2106
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner was employed as Jamadar in 1976 in the office of Executive Officer, Nagar Palika Parishad, Bisauli, district Badaun. His date of birth recorded in the service book was 1.7.1939, Vide letter dated 22.9.1997 the petitioner was informed that there is no record of his age/date of birth available in his personal file. By this letter, the petitioner was directed to submit proof of his age.3. It is submitted by the petitioner that on receipt of the letter dated 22.9.1997, he filed an application along with School Leaving Certificate bearing the signature of District Basic Education Officer, dated 9.12.1992 and also of the Principal dated 16.7.1992.4. He was thereafter informed vide order dated 8.4.1999 that he would retire on 30.9.1999 on attaining the age of superannuation which is Impugned in this petition on the ground that it is mala fide and is based on no evidence.5. It is submitted that no r...
Smt. Basanti Devi and ors. Vs. Ixth A.D.J. and ors.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: 2003(4)AWC3365
Rakesh Tiwari, J.1. Heard counsel for the parties.2. When the case was taken up on 11.3.2003, Sri K. K. Arora appearing on behalf of respondent No. 3 stated that he has sent message to his client but he has received no instructions in the matter and his client is not responding. The case was thereafter taken up on 11.7.2003, for hearing. By means of present writ petition, a writ in the nature of certiorari quashing impugned order dated 18.8.1998 and 20.4.1999, passed by respondent Nos. 2 and 1 respectively has been sought for.3. Respondent No. 3 Sri Raja Amar Pratap Singh entered into an agreement for sale with the petitioners in respect of plot No. 695 area 5 bigha 6 biswas situated in Masudabad Qasba Kol, Pargana and Tehsil Kol, district Aligarh for a sum of Rs 80,000. He was paid a sum of Rs. 10,000 in cash as advance towards sale consideration of the aforesaid plot. It was agreed that the petitioners may get a registered agreement of sale executed in their favour after paying sum o...
Shree Nath Mishra Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: (2004)IILLJ851All
ORDERR.B. Misra, J.1. Heard Sri K.N. Mishra, learned counsel for the petitioner and Shri Yashwant Varma, learned counsel for the respondents.2. In this petition the prayer, has been made to quash the order of removal dated August 8, 1990 (Annexure 2 to the writ petition) and order dated October 15, 1993/November 30, 1993 (Annexure 1 to the writ petition), whereby the appeal of the petitioner has been rejected. Further prayer has been made for commanding the respondents to reinstate the petitioner in service with retrospective effect along with full back wages.3. The facts necessary for adjudication of the case are that the petitioner joined the services of the Bank as a Clerk in the year 1962. He has been promoted to Officer Grade II (Now J.M.G.S.I.) in the year 1970 and has been posted as Branch Manager, Mirza Murad Branch in the year 1980. He has been transferred from Mirza Murad Branch to D.L.W. Branch on May 24, 1984 and handed over the charge on May 30, 1984.4. According to the pe...
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