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Allahabad Court January 2004 Judgments

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Jan 16 2004

Gulmarg Hotel Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jan-16-2004

Reported in: 2004(3)AWC1961

ORDERAnjani Kumar, J.1. Heard learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.2. The petitioner, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order passed by the Deputy Labour Commissioner dated 22nd December, 2000, copy whereof is appended as Annexure-1 to the writ petition, whereby the Deputy Labour Commissioner has issued a certificate for recovery being Case No. 26 of 2000 under the provisions of the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978.3. The facts leading to the filing of present writ petition are that the petitioner-employer received a notice from the aforesaid authority under the provisions of the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 (U.P. Act No. 5 of 1978), which shall hereinafter be referred to as the 'Act', to the effect that the outstanding wages, which have not been paid to the employees/w...


Jan 16 2004

Baldeo and anr. Vs. State of U.P.

Court: Allahabad

Decided on: Jan-16-2004

Reported in: 2004CriLJ2686

Onkareshwar Bhatt, J.1. Appellants Baldeo and Mangal Singh have preferred this appeal against their conviction under Section 302/34, I.P.C. The judgment of conviction was passed by the then Sections Judge, Hamirpur on 6-6-1981 in Sessions Trial No. 285 of 1980 and the accused appellants have been sentenced to life Imprisonment.2. During pendency of the appeal, appellant Baldeo died. The appeal was ordered to be abated against him on 18-11-2003.3. Appellant Baldeo, since dead, was the father of surviving appellant Mangal Singh. The deceased of this case Is Nathua. The deceased was brought up by his maternal uncle PW 2 Baij Nath. The deceased was married to Smt. Putti PW 1. The deceased along with his wife Smt. Putti lived in village Kul Pahar district Hamirpur. When Nathua became adult he demanded back his 40-45 Bighas land from appellant Baldeo who was his uncle. Baldeo refused to give back the land, whereupon Nathua instituted a case in which he won. Thereafter, Nathua again demanded ...


Jan 16 2004

Gajendra Singh Vs. High Court of Judicature at Allahabad Through the R ...

Court: Allahabad

Decided on: Jan-16-2004

Reported in: (2004)3UPLBEC2934

Jagdish Bhalla, J.1. At the out set we would like to mention that the aforesaid writ petition and the Review Petition has been assigned to this Bench by the Hon'blc the Chief Justice vide order dated 16.8.2002. In pursuance of the said order dated 16.8.2002 the aforesaid matters were listed before this Bench. Both the writ petition and the Review Petition were heard together by us and the same arc being decided by a common judgment.2. Petitioner who was posted as Chief Judicial Magistrate, Hardoi has filed the aforesaid Writ Petition No. 1000 (SB) of 2001 challenging the order of suspension dated 18.5.2001, contained in Annexure-7 to the writ petition on the ground that the order of suspension has not only been passed in utter disregard of the principles of natural justice, but while passing the impugned order of suspension, the opposite party has relied on the orders passed by a Division Bench of this Court in Writ Petition No. 5238 (MB) of 2000; M/s. Credit Agricoal Indosuez and Ors....


Jan 14 2004

Akhil Tiwari Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jan-14-2004

Reported in: (2004)1UPLBEC500

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 to quash the order dated 28.3.2003 passed by the Deputy Director (Construction), Rajya Krishi Utpadan Mandi Parishad, Gomti Nagar, Lucknow as contained in Annexure No. 11 to this writ petition and also for issuing a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service.2. Admittedly, the petitioner was engaged as Junior Engineer w.e.f. 1.3.1996 on muster-roll basis in Mandi Parishad. His services were terminated on 30.11.1997. According to the petitioner, his services were terminated under the orders of the State Government dated 12.2.1999. Several other employees were also terminated on the basis of that order so several writ petitions were filed in which the Government Order dated 12.2.1999 was challenged and this Court in Writ Petition No. 1346 (SS) of 1999 and other connected matter, quashed the Governme...


Jan 14 2004

M. Yousuf HussaIn (Dr.) Vs. Aligarh Muslim University and anr.

Court: Allahabad

Decided on: Jan-14-2004

Reported in: (2004)1UPLBEC518

M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 18.7.2003, Annexure-8 to the writ petition and for a mandamus directing that the petitioner should be allowed to continue as Lecturer in Industrial Chemistry in Aligarh Muslim University till a General Selection Committee is held.2. A post of Lecturer was advertised in the Department of Chemistry of Aligarh Muslim University which was a leave vacancy of one Dr. (Mrs.) Zeba Siddiqui, Lecturer in Organic Chemistry in the Department of Chemistry in Aligarh Muslim University. The petitioner faced a Local Selection Committee on 18.8.2000 and was appointed as temporary Lecturer in the Department of Chemistry against the leave vacancy of Dr. (Mrs.) Zeba Siddiqui vide office memo dated 12.9.2000, Annexure-2 to the writ petition. The petitioner was given the pay scale of Rs. 8000-13500 plus allowances as admissible under the Rules. Thereafter if continuation of his earlier appointment, th...


Jan 14 2004

Vijay Laghu Udyog Vs. Punjab National Bank

Court: Allahabad

Decided on: Jan-14-2004

Reported in: [2004]53SCL275(All)

ORDER1. These are two writ petitions namely, Writ Petition No. 119 (M/B) of 2004 and Writ Petition No. 120 (M/B) of 2004, since the question of fact and law is the same, we decide the matter by passing a common order.2. Heard learned counsel for the parties.3. Learned counsel for the respondents Shri Sharad Bhatnagar appearing for the bank raises a preliminary objection, against the maintainability of the present writ petition on the ground that under the provision of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Act No. 54 of 2002) (hereinafter referred to as the Act), the petitioner is not entitled to challenge any action initiated under Section 13 unless measures have been taken under Section 13(4) of the Act. The submission is that the appeal under Section 17 would lie only against the measures taken under Section 13(4) of the Act and not otherwise. As a consequence of the scheme of the Act, it is being urged that the petition...


Jan 14 2004

Zila Parishad Vs. Krishna Murari Dixit and anr.

Court: Allahabad

Decided on: Jan-14-2004

Reported in: (2004)2UPLBEC1087

K.S. Rakhra, J.1. This is a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 16.1.1989 passed by the U.P. Public Services Tribunal-III, Lucknow allowing the claim petition of the opposite party No. 1 and setting aside the order of termination of his services.2. We have heard the learned Counsel for the parties.3. The opposite party No. 1 was appointed as a temporary Tax Collector in Zila Parishad, Shahjahanpur, vide order dated 18.1.1975 copy of which is Annexure No. 2 to the writ petition. The appointment was purely temporary and was against a temporary post. His services have been terminated by an innocuous order dated 23.2.1981 a copy of which is Annexure No. 3 to the writ petition. The order says that the services of the opposite party No. 1 are no more required and, therefore, they are terminated after giving one month's notice. The opposite party No. 1 challenged the order of termination before the U.P. Public Service Tribunal ...


Jan 14 2004

Radha Ballabh Satish Chandra Vs. Commissioner of Sales Tax

Court: Allahabad

Decided on: Jan-14-2004

Reported in: (2007)7VST555(All)

Rajes Kumar, J.1. This revision under Section 11 of the U. P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated February 26, 1994 relating to the assessment year 1987-88.2. The brief facts of the case are that the applicant imported the goods, which according to the applicant was zinc dross weighing 990 kgs., 350 pieces from M/s. Zenith Limited, Bombay, for Rs. 1,84,164.23. At the Check-post form XXXI, No. 574987, as required under Section 28-A of the Act, along with bills and builties was submitted. The check-post officer seized the goods on the ground that on chemical examination it was found that the goods sought to be imported were not zinc dross but were zinc, inasmuch as 96.5 zinc was found while according to report in dross the percentage of zinc should be 82.67 per cent. The goods were subsequently released on furnishing security. In pursuance of the seizure, penalty proceeding under Section 15-A(1)(o) of the Act was ...


Jan 13 2004

Abdul Haq S/O Jamshed Vs. State of U.P.

Court: Allahabad

Decided on: Jan-13-2004

Reported in: 2004CriLJ1889

ORDER1. This appeal has been directed under Section 34(1) of the Prevention of Terrorism Act, 2002 (hereinafter called POTA) against the order dated 28-9-2002 passed by the Sessions Judge/Special Judge, Muzaffarnagar rejecting the bail application of the appellant detained under Section 3 of POTA as well as Section 3 of the Official Secrets Act and Sections 121, 121-A and 123I. P. C. relating to P. S. Kotwali City District Muzaffarnagar.2. On the basis of a secret information that certain persons are engaged in terrorist activities and had their relations with the Laskar-E-Toiba and Field Intelligence Unit, Pakistan and they were supplying secret informations to the above organizations, the police of P. S. Kotwali city district Muzaffarnagar on the night of 13/14-7-2002 apprehended Gaffar, Gayur and Jhon Mohd from their houses and brought them to police station Kotwali. Smt. Shakeela was also brought at the police station from her house on 14-7-2002. However, nothing could be elicited ...


Jan 13 2004

Shiv Kumar Singh Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jan-13-2004

Reported in: 2004(3)AWC1958; 2000CriLJ4172

N.K. Mehrotra, J.1. Heard the learned counsel for the petitioner and the additional chief standing counsel for the opposite party Nos. 1 to 4.2. By means of this writ petition the petitioner has challenged the order dated 19.12.2002 passed by the opposite party No. 1 Director of Education (Secondary) as contained in Annexure-1 and he has also sought a relief by way of mandamus commanding to opposite party Nos. 1 to 5 to superannuate Shri Jagdish Prasad Mishra opposite party No. 6 who is working as Principal in Janta Inter College, Amdahi, District Gonda.3. A perusal of the impugned order goes to show that on the recommendation of the Director of Education, the Governor has granted two years extension of service to, Shri Jagdish Prasad Mishra Principal Janta Inter College, Amdahi, Gonda, in view of the policy of the Government as contained in Government Order No. 1772/15-14 (30) (67)/71, dated 6th May, 1982 and Government Order No. 1599/15-14-86-30 (67) (71), dated 4th December, 1986 an...


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