Allahabad Court February 2004 Judgments
Nanak Chand Sharma Vs. Director General, Family Welfare and ors.
Court: Allahabad
Decided on: Feb-27-2004
Reported in: (2004)2UPLBEC2091
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This petition has been filed challenging the alleged order of transfer dated 12/14.1.2004. The petitioner is working as Health Supervisor in Primary Health Centre, Bisrakh, District Gautam Budh Nagar. It appears from the counter affidavit that State of U.P. and others governmental and non-governmental organisation were actively participating in Pulse Polio Programme sponsored by WHO for its eradication from India. The petitioner had also given duty in aforesaid programme.3. From the averments made in Para 7 of the counter affidavit, it appears that the monitoring body of the WHO, Gautam Budh Nagar, unit vide its report dated 10.4.2003 informed the CMO, Gautam Budh Nagar, that the petitioner was responsible for the success of the aforesaid programme in his area, but instead of performing his duties himself his duty was perfomed by someone else by putting the alleged signatures of the petitioner.4. Again a compla...
Tag this Judgment!Vice-chancellor, Bundelkhand University and anr. Vs. Sushant Vatsa and ...
Court: Allahabad
Decided on: Feb-27-2004
Reported in: (2004)2UPLBEC2094
M. Katju and R.S. Tripathi, JJ.1. Heard learned Counsel for the appellants.2. This Special Appeal has been filed against the impugned judgment dated 13/10.2.2003 passed by the learned Single Judge in Writ Petition No. 45536 of 2003. The petitioner appeared in entrance test for admission to B.Tech. (Electronics and Communication) course. He deposited part of the requisite fee i.e., Rs. 33,000/- on 7.7.2003 and remaining part i.e., Rs. 30,000/- on 16.7.2003. Subsequently, on 1.8.2003 he made a representation to the Vice Chancellor of Bundelkhand University, Jhansi, for refund of the fee as he did not want to pursue his study in the institution. Since this prayer was not granted, he filed the aforesaid writ petition which has been disposed off by the impugned judgment of the learned Single Judge.3. After careful perusal of the impugned judgment and hearing submission of the learned Counsel, we do not find any legal infirmity in the impugned judgment of the learned Single Judge. Under the ...
Tag this Judgment!Vinai Pandey Son of Late Takeshwar Pandey Vs. State of U.P. Through It ...
Court: Allahabad
Decided on: Feb-27-2004
Reported in: 2005CriLJ3225
K.N. Ojha, J.1. This writ petition has been filed for quashing order dated 18.10.2003 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Ballia by which the Criminal Revision No. 116 of 2003 Vinay Pandey v. State of U.P. and Ors. has been dismissed which was preferred against order dated 2.5.2003 passed by learned Chief Judicial Magistrate, Ballia. On 2.5.2003 the learned Chief judicial Magistrate, Ballia passed order that order for investigation under Section 156(3) Cr.P.C. on the application of the petitioner Vinay Pandey against opposite parties Nos. 2, 3 and 4 cannot be made. However, the case was being registered as complaint case and a date was fixed for recording evidence under Section 200 Cr.P.C.2. Heard Sri Shradhanand Rai and Sri B. N. Singh, learned counsel for the petitioner and learned A.G.A. and have gone through the record.3. Annexure-1 is copy of application moved by the petitioner Vinay Pandey under section 156(3) Cr.P.C. before Chief Judicial Magistr...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Ravi Kumar Batra and anr.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1412; (2004)2UPLBEC1207
S.P. Srivastava, J.1. Heard the learned standing counsel representing the petitioner employer.2. Shri Vikram Nath representing the respondent No. 1, who has put in appearance at this stage, has also been heard.3. The petitioner-employer feels aggrieved by the order dated 1.12.2003 passed by the Tribunal which is of an interlocutory nature whereby the order transferring the applicant-respondent No. 1 from one commissionerate/zone to the other had been stayed until further orders.4. Learned counsel for the petitioner has urged that considering the facts and circumstances as brought on record, no such interim order as in question ought to have been granted as, such a relief, if at all, could be available only at the final disposal of the application filed under Section 19 of the Central Administrative Tribunals Act.5. It has further been urged that taking into consideration the ratio of the decision of the Apex Court in the case of Union of India and Ors. v. S.L. Abbas, AIR 1993 SC 2444, ...
Tag this Judgment!Krishi Utpadan Mandi Samiti Vs. Khushi Ram and ors.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1305; (2004)2UPLBEC1804
M. Katju, J.1. These four connected appeals are being disposed of by a common judgment.2. Heard Sri B.D. Mandhyan learned counsel for the appellants and Sri Pankaj Mittal for respondents.3. These appeals have been filed against the judgment of the IVth Additional District Judge, Meerut dated 25.5.1993 in Reference under Section 18 of the Land Acquisition Act by which compensation awarded in the award by Special Land Acquisition Officer dated 4.12.1987 has been enhanced from Rs. 9.92 paise to Rs. 74 per square yards for the land acquired.4. The respondent in First Appeal No. 522 of 1993 Khushi Ram was Bhumidhar of Khasra No. 24 area 7 bigha 3 biswa and 3 biswansi in village Latifpur Baraut, district Bagpat. This land was acquired for the Krishi Utpadan Mandi Samiti, Baraut and an award was given on 4.12.1987 under Section 11 of the Land Acquisition Act. Aggrieved against the award Khushi Ram filed a reference application and the matter was referred to the court below for enhancement of ...
Tag this Judgment!Rafiq HusaIn Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1310
Tarun Agarwala, J.1. The plaintiff-appellant has lost from both the courts below and has preferred the present second appeal. The plaintiff was working as a clerk at Head Post Office, Kanpur and was on medical leave and reported for work on 17.4.1975. The plaintiff-appellant was posted to work in the Parcel Import Branch where he worked till the forenoon of 19.4.1975 when he again fell ill and took leave from 1.00 p.m. on 19.4.1975 and thereafter availed medical leave for ten days. After four months the plaintiff-appellant was served with a charge sheet dated 13.8.1975 issued by the Senior Superintendent of Post Office, Kanpur, proposing to take action against the plaintiff-appellant under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the 'Rules') for alleged misconduct.2. The charge-sheet stated that the plaintiff-appellant failed to carry out the physical verification of the insured parcel on 18.4,1975 as a result o...
Tag this Judgment!Angoori Devi Vs. Pooran Singh and ors.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: AIR2004All273; 2004(2)AWC1312; (2004)2UPLBEC1847
Tarun Agarwala, J.1. The plaintiff filed a suit in the year 1978 for cancellation of a sale deed dated 24.9.1959 allegedly executed by her in favour of defendant No. 1 on the ground that it was obtained by fraud. The plaintiff alleged that she is an illiterate villager and her husband died in 1957-58 when she was only 19 years old. Defendant No. 1 is the son of the elder sister of the plaintiff. After the death of the husband, the plaintiff fell ill, and the parents of defendant No. 1 came to look after her and left defendant No. 1 with the plaintiff as there was no male member in the plaintiffs family. The parents of defendant No. 1 requested the plaintiff to execute a Will in favour of defendant No. 1. This idea was relished by the plaintiff because at that time she was under the impression that she was dying. Accordingly, the parents of defendant No. 1 brought her to the Registrar's office where she placed her thumb impression on some papers which she thought was a Will. The plainti...
Tag this Judgment!Anand Prakash Jauhari Vs. U.P. State Road Transport Corporation and or ...
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1315; [2004(102)FLR554]
Sunil Ambwani, J.1. Heard Ms. Anuradha Sundram for petitioner and Sri Sameer Sharma for U. P. State Road Transport Corporation.2. The petitioner has prayed for quashing the order dated 31.5.2003 passed by Assistant Regional Manager, U. P. State Road Transport Corporation, Allahabad removing him from service, and the order dated 11.7.2003 passed by Regional Manager of the Corporation by which the appeal was dismissed, to reinstate petitioner in service as Conductor, and to pay him salary.3. Brief facts giving rise to this petition are stated as follows.4. The petitioner was on duty on vehicle No. UMG 9027, on 24.4.1998, operating on Fatehpur-Allahabad route. The Bus was inspected by the Assistant Regional Manager, Fatehpur Depot, Senior Workshop Incharge and others at 14.50 hours at Hasua Mor. Out of 51 passengers 31 were found travelling without ticket. The petitioner had not recorded 20 issued tickets on the way bill. Sri Hardutt Dwivedi, Assistant Regional Manager made a record of cl...
Tag this Judgment!Brijesh Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1639; (2004)2UPLBEC1870
S.N. Srivastava, J.1. Petitioner Brijesh Kumar, who is related as son to deceased Constable Ram Kumar, has instituted the present petition for the relief of issuing a writ of mandamus to the respondents for appointing him on some suitable post.2. The facts draped in brevity are that Ram Kumar father of the petitioner, who was employed as Constable in Police Department, died in harness on 2.8.1989. According to the petitioner, he was, at that time, a minor aged about 5 years. The first representation is stated to have been made on 9.9.2003 followed by yet another representation dated 5.1.2004 seeking appointment on compassionate ground, which it is further, averred in the writ petition, is still mired in indecision at the end of the authorities concerned.3. Learned counsel for the petitioner referring to U. P. Government Servant (Dying-in-Harness) Rules, canvassed that since the petitioner was minor at that time, he could seek compassionate appointment only after attaining majority. He ...
Tag this Judgment!Deen Dayal Vs. Smt. Bhagwan Dai and ors.
Court: Allahabad
Decided on: Feb-26-2004
Reported in: 2004(2)AWC1805
Tarun Agarwala, J.1. The plaintiff is the landlord and had filed a suit for eviction, recovery of arrears of rent and mesne profits before the Judge Small Causes Court stating therein that the defendant was the tenant of the disputed accommodation on a rent of Rs. 130 per month. The defendant did not pay the rent w.e.f. 1.6.1982. Accordingly, the plaintiff served a notice of demand and termination of tenancy on 22.2.1986. It was alleged that inspite of service of the aforesaid notice the defendant neither paid the rent nor vacated the house in question. Hence the suit,2. The defendant disputed the rate of rent and submitted that the rate of rent was Rs. 41 per month instead of Rs. 130 per month. The defendant further alleged that he had paid the rent till January, 1986 and no rent was due w.e.f. 1.6.1982. Even though the rent was paid till January, 1986, the defendant on receipt of the notice remitted the rent from January, 1982 till 28.2.1986 by two Money Orders which was refused by t...
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