Allahabad Court January 2004 Judgments
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Kanti Agnihotri (Smt.) Vs. Deputy Director of Education and ors.
Court: Allahabad
Decided on: Jan-07-2004
Reported in: (2004)1UPLBEC494
N.K. Mehrotra, J.1. This is a writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari for quashing the order passed by the opposite party No. 1, the Dy. Director of Education, VIth Region, Lucknow as contained in Annexure No. 4 to this writ petition and for a direction to the opposite parties to pay salary of the petitioner regularly every month. The petitioner has further claimed the arrears of salary and for a writ in the nature of mandamus commanding the opposite party No. 6 not to make any selection for the post of Principal, Ganga Sagar Mishra Smarak Kanya Uchchatar Madhyamik Vidyalaya, Bhagwant Nagar, District Hardoi and not to interfere in the working of the petitioner as Principal of that institution.2. The case of the petitioner is that Ganga Sagar Mishra Smarak Kanya Uchchatar Madhyamik Vidyalaya, Bhagwant Nagar, District Hardoi (hereinafter to be referred as 'College') was at first a Junior High School and the petitioner ha...
Sachchidanand Pandey and ors. Vs. Dr. Ram Phar Singh and ors.
Court: Allahabad
Decided on: Jan-07-2004
Reported in: AIR2004All232
ORDERN.K. Mehrotra, J.1. This is a second appeal by the defendant/appellant against the judgment and decree dated 15-11-1979 passed by the District Judge, Sultanpur upholding the judgment and decree dated 14-5-1977 passed by 2nd Addl. Munsif Sultanpur in Suit No. 277 of 1975, decreeing the respondent's suit for injunction and possession by demolition. This Second Appeal has been admitted on the following substantial question of law at the time of admission after hearing the appellant:--'Whether the defendant's plea on the question of fraud has been fairly considered by the Courts-below by reasons of the fact that no separate issue on the ground of fraud was framed and further non-consideration of the facts that the plaintiff No. 1 is an advocate and the plaintiff No. 2 was a doctor who according to the defendant/appellant stood in fiduciary relation with him.2. According to the facts of the case, the plaintiff/respondents filed the suit for injunction and possession by demolition befor...
Kaushal Kishore Bajpat Vs. D.P.R.O. and ors.
Court: Allahabad
Decided on: Jan-07-2004
Reported in: 2004(3)AWC1968
ORDERN.K. Mehrotra, J.1. This is a writ petition for issuing a writ of certiorari to quash the transfer order dated 31st October, 2003 as contained in Annexure-1.2. The petitioner is Gram Panchayat Vikas Adhikari. He is posted in Block Asoha Nyaya Panchayat Sahrawan, district Unnao, since the year 1999. He has been transferred to Gram Panchayat Vishunpur Bichhiya. It is alleged that he has been transferred on the complaint of Shri Udai Raj Yadav, a Member of State Legislative Assembly. The transfer order has been passed without following the procedure in the Government Order dated 6.3.2002 Annexure-No. 3. The transfer order has been passed due to political pressure. Government Order Annexure-No. 3 dated 6.3.2002 lays down the policy of the transfer of Gram Panchayat Vikas Adhikari. It is provided in the policy that in view of decentralisation of the power generally Gram Panchayat Vikas Adhikari will not be transferred but in a special circumstances he can be transferred on the administ...
Kirti Prakash and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-07-2004
Reported in: 2004CriLJ3522
ORDERN.K. Mehrotra, J.1. This is a petition under Section 482 Cr.P.C. for recalling the judgment, and order dated 25-4-2003 passed in criminal Revision No. 160 of 1999 Kirti Prakash and others v. State of U.P.2. Criminal Revision No. 160/1999 was listed for hearing on 25-4-2003. It was a revision against the order dated 9-6-1999 passed in Criminal Appeal No. 7 of 1999 upholding the order of conviction and sentence under Section 323/34 and 325/34 IPC. Both the Courts below had come to the conclusion that the accused persons are guilty under the aforesaid section. The revisionist did not appear to argue the revision. The revision was dismissed on merit after hearing the State Counsel. The present petition under Section 428 Cr.P.C. has been filed to recall the aforesaid order on the ground that the applicant had engaged Shri Rajat Krishna Advocate to argue the revision and Shri Rajat Krishna was on sanctioned leave since 2-1-2003 to 30-6-2003. The fact is that in the cause list the name o...
Mahendra Kumar Vs. Naresh Mehra
Court: Allahabad
Decided on: Jan-07-2004
Reported in: 2005(1)ARC267
S.P. Mehrotra, J.1. The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 18.11.2003 (Annexure No. 5 to the Writ Petition) passed by the Prescribed Authority/Judge, Small Cause Court, Meerut allowing the amendment application (Paper No. 37Ga) filed in P.A. Case No. 7 of 2001.2. The dispute relates to an accommodation, the details whereof are given in the Release Application referred to hereinafter. The said accommodation has hereinafter been referred to as 'the disputed accommodation.'3. From the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent filed a release application under Section 21 (1) (a) of the U.P. Act No. XIII of 1972 (in short 'the Act') against the petitioner for the release of the disputed accommodation. The said Release Application was registered as P.A. Case No. 7 of 2001. Copy of the said Release Application has been filed as...
Siddharth Arya Vs. Union Bank of India and ors.
Court: Allahabad
Decided on: Jan-07-2004
Reported in: [2005(104)FLR1146]
Sunil Ambwani, J.1. The writ petition has been restored to its original number. I have heard Counsel for petitioner and Sri V.R. Agarwal for respondents.2. Petitioner is seeking compassionate appointment in Bank oh the death of his father late Sri Himmat Ram Arya, who died in harness on 27.9.1998. From the pleadings I find that petitioner's mother had received Rs. 1,48,097/- as retrial dues. A loan of Rs. 1,37,426/- was taken for construction of house. It is contended that the land was purchased but the house could not be constructed. Three daughters of the deceased employee have since married and that now the family has three member including petitioner, his mother and an unmarried sister. Alongwith counter-affidavit the respondents have annexed a letter received by the Records Officer, Mahar Regiment Abhilekh Karyalaya Records, Mahar Regiment Saugor (MP) dated 10.7.2002 sent to Union Bank of India, Adarsh Mandi Sthal Branch Pilibhit Road, Bareiliy, by which the Army authority have in...
State of U.P. Vs. Ganga Sahai Saxena and anr.
Court: Allahabad
Decided on: Jan-06-2004
Reported in: 2004CriLJ2670
M.C. Jain, J.1. The State has come up in appeal against the order of acquittal passed by Sri Harish Chandra, the then Chief Judicial Magistrate, Aligarh on 12-5-1993 in Criminal Case No. 4873 of 1991. The two accused respondents were absolved of the charges under Sections 420 and 409, I.P.C. The F.I.R. was lodged by Nazim Hussain PW1, Executive Engineer of Temporary Division of PWD, Aligarh. During the audit of the office by the team of A.G., it was reported to him on 3-3-1990 that there were discrepancies in the amount of total of balances in the cash-book for the month of April, 1989. On checking, he found that in the month of April, 1989, the total of posted vouchers was Rs. 5,48,086.35p. which had been shown as Rs. 6,03,386.35. Vouchers Nos. 27 and 28 dated 15-4-1989 amounting to Rs. 10,818,30p. and Rs. 13,133.50p. respectively had fictitiously been shown in the cash-book. The said vouchers were missing from the bundle of vouchers and in this way, a total sum of Rs. 79,251.80 p. ha...
Mohammad Ashraf Vs. State of U.P.
Court: Allahabad
Decided on: Jan-06-2004
Reported in: 2004CriLJ2690
M.C. Jain, J.1. These two appeals are connected with each other having arisen out of judgment dated 7-3-1981 passed by Sri V.S. Agrawal, the then II Additional Sessions Judge, Pilibhit in Sessions Trial No. 148 of 1980. Mohd. Ashraf, Mohd. Talib, Mohd. Ashfaq and Mohd. Suleman were tried before the lower Court. The charge against Mohd. Ashraf was under Section 302 I.P.C. and that of Section 324 I.P.C. The former charge was for committing the murder of Mohd. Akhtar and the latter for causing hurt with a knife to Riaz Ahmad PW 2. The remaining three accused were charged under Section 302 read with Section 34 I.P.C. for the murder of Mohd. Akhtar.2. Mohd. Ashraf and Mohd. Talib were real brothers and remaining two were their cousins. The trial Court convicted Mohd. Ashraf under part second of Section 304 I.P.C. and sentenced him to seven years rigorous imprisonment. He was also convicted under Section 324 I.P.C. with a sentence of two years' rigorous imprisonment and both the sentences we...
Ram Sanehi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-06-2004
Reported in: 2005(2)AWC2111
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This petition has been filed for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 16.12.1983 passed by respondent No. 3 and order dated 2.8.1982 passed by the respondent No. 2 to this writ petition.3. The brief facts of the case are that a notice in form 49-Ka issued by Tehsildar Assistant Collector, Ist. Class, Agra was served on the petitioner inter alia stating that he had illegally taken possession of Gaon Sabha land No. 46 measuring 0-0-3 since 1383 fasli and is liable to pay a sum of Rs. 150 as damages. The petitioner filed an objection inter-alia stating that he is not in possession over the land in dispute and further that proceedings have been initiated against him due to enmity with the members of Gaon Sabha. It was also stated that the Eekhpal had submitted a wrong report under Rule 115Ck of U.P.Z.A. and L.R. Act. It was claimed by him that he had purc...
Committee of Management of Shri Gandhi, Inter College and anr. Vs. Dis ...
Court: Allahabad
Decided on: Jan-05-2004
Reported in: 2004(1)AWC801; (2004)1UPLBEC979
R.K. Agrawal, J.1. Christening an organisation or an institution after national or internationally reputed personalities, whether they are political leaders or religious persons, does imply that the aims and objectives for which such person had struggled and lived, would be followed by the persons who are at the helm of affairs of that organisation or institution. But, these days it has become a fashion to name the institution or the organisation after such reputed persons without caring to follow their lifestyle and work. The case in hand is one such glaring example. Even though the petitioners have given the name of the father of the nation to their college who devoted his entire life for the upliftment of a class of society who were at that time treated by the society as untouchables and whom Bapu lovingly called Harijan, the petitioners with all their might have been resisting to give appointment on the post of the Assistant Clerk to a person who belongs to reserved category and th...
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