Allahabad Court July 2004 Judgments
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Mawana Stand Vyapar Samiti and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-2004
Reported in: AIR2004All394; 2004(4)AWC3329
ORDER1. Heard counsel for the parties.2. This Writ Petitions has been filed for mandamus directing the respondents not to remove the shops of the petitioner No. 2 and members of the petitioner No. 1 from the Sports Stadium, Meerut.3. The petitioner No. 1 is a society registered under Societies Registration Act which claims to have 134 members. There is a Sports Stadium in Meerut city and certain shops were allotted to the members of petitioner No. 1 in that Stadium and certain open land was also allotted. It is alleged that the petitioners have been paying monthly rent. In para 10 of the writ petition it is stated that on 26-5-1998, respondent No. 2. District Magistrate, Meerut asked the members of the petitioners society to vacate the premises/shops forthwith. Hence this petition.4. A counter affidavit has been filed whose copy was served upon learned counsel for the petitioners on 28-1-1999 but no rejoinder affidavit has been filed so far. Hence the allegations of the counter affidav...
U.P. Public Service Commission and ors. Vs. Rajeev Kumar Bansal
Court: Allahabad
Decided on: Jul-08-2004
Reported in: 2004(4)AWC3117; (2004)3UPLBEC2990
M. Katju, J.1. Heard learned counsel for the parties.2. This special appeal has been filed against the impugned judgment dated 4.10.2002. The facts in details are given in the judgment of the learned single Judge and hence we are not repeating the same.3. It appears that an advertisement was issued by the U. P. Public Service Commission dated 16.7.1999 inviting applications for selection to the post of Regional Inspector (Technical) and Assistant Regional Inspector (Technical) in the Transport Department, U. P. Government. Para 5 of the advertisement provided for the essential qualification for the post. This includes practical experience of at least five years in a large automobile workshop. The candidature of the writ petitioner was rejected on the ground that he did not possess five years experience in a large automobile workshop.4. The learned single Judge has allowed the writ petition on the ground that the U. P. Transport (Subordinate)Technical Service Rules, 1980, which requires...
Smt. Prem Rai Vs. Dealers Selection Board and ors.
Court: Allahabad
Decided on: Jul-08-2004
Reported in: 2004(4)AWC3328
ORDERM. Katju, J.1. Heard learned counsel for the petitioner and Sri W.H. Khan and Dr. R.G. Padia for the respondents.2. This writ petition has been filed praying for a writ of certtorari quashing the selection held on 25.5.2001 for S.K.O./L.D.O. Dealership of Indian Oil Corporation at Chopan, district Sonbhadra and to quash the selection of respondent No. 6 to the said dealership.3. A large number of points have been raised by the learned counsel for the petitioner but it is not necessary for us to go into all these as in our opinion this petition deserves to be allowed on the very first point, namely, that the respondent No. 6 was Member of the Advisory Committee of Ministry of Petroleum and Natural Gas, Central Government, New Delhi and hence the selection was an act of favouritism in his favour. This allegation has been made in paragraph 6 of the writ petition and is admitted by the respondents.4. Learned counsel for the respondent No. 6 has, however, alleged that the dealership ca...
Deo NaraIn Vs. Jagat NaraIn Shukla and ors.
Court: Allahabad
Decided on: Jul-08-2004
Reported in: 2005CriLJ2012
ORDERS.P. Mehrotra, J.1. The present Contempt Petition purporting to be under Section 19 of the Contempt of Courts Act, 1971 has been filed by the petitioner-applicant, inter-alia, praying that the proceedings under the Contempt of Courts Act, 1971 be drawn against the opposite parties, and the opposite parties be punished as per law.2. The present Contempt Petition was filed on 21-1-1994.3. By the order dated 24-1-1994, the Court directed the case to be 'put up tomorrow'.4. The said order dated 24-1-1994 is quoted below :--'As prayed, put up tomorrow'.5. A perusal of the order-sheet shows that the case was, thereafter, put up before the Court on a few dates, but no order was passed on the said dates.6. On 6th May, 2004, the case was listed before the Court with the Office Report dated 1-4-2004/4-5-2004. On the said date i.e. 6-5-2004, the Court passed the following order :--'List again showing the name of Sri. H.M. Srivastava also as the learned counsel for the petitioner applicant'.7...
Nagar Palika Parishad (Nagar Panchayat) and anr. Vs. Ramjas Ram and an ...
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2004(4)AWC3058; (2004)3UPLBEC2548
ORDERM. Katju and R.S. Tripathi, JJ.1. Heard Sri Ajit Kumar Singh, learned counsel for the appellant and Sri A. N. Srivastava, learned counsel for the respondents.2. It appears that the respondents were appointed on purely temporary capacity on the post of Safai Mazdoor in the service of Nagar Palika Parishad, Mohammadabad, district Ghazipur as daily wagers. They were disengaged in the year 2000.3. By the impugned interim order dated 9.4.2004 the learned single Judge has directed that the writ petitioners are entitled to work and shall get salaries. It is well-settled that by an interim order the final relief cannot be granted vide Union of India v. Modiluft Ltd., 2003 (4) AWC 2796.4. In U. P. Junior Doctors Action Committee v. Dr. D. Sheetal Nanda, 1992 (Supp) 1 SCC 680, the Supreme Court observed :'It is well known rule of practice and procedure that at the interlocutory stage a relief which is asked for and is available at the disposal of the matter is not granted.' 5. This view has...
Committee of Management, Crosthwait Girls Inter College Vs. State of U ...
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2004(4)AWC3330; (2004)3UPLBEC2547
M. Katju and R.S. Tripathi, JJ.1. Heard- Sri Ashok Khare, assisted by Sri K.M. Asthana, for the appellant. None has appeared for the respondents.2. This special appeal has been filed against the judgment of the learned Single Judge dated 16.7.1997. By the impugned judgment it has been directed that the writ petitioner (respondent No. 4 in this appeal) should be appointed in the . Crosthwait Girls Inter College, Allahabad as Hindi Lecturer. The learned Single Judge was of the view that since the writ petitioner has been selected by the U.P. Secondary Education Commission she should be given appointment.3. The impugned judgment was passed even without issuing notice to respondent No. 4 i.e., Manager of the College concerned. In our opinion this ground itself is sufficient to vitiate the appointment, because in our opinion the respondent No. 4 was necessary party. Justice requires that the necessary parties who may be affected by a judgment should be heard and evidently this was not done ...
Vegraj Vs. Deputy Director of Consolidation/Addl. Collector and anr.
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2004(4)AWC3366
S.N. Srivastava, J.1. This writ petition is directed against the judgment passed by Deputy Director of Consolidation dated 10th May, 2000, allowing the revision filed by opposite party No. 2.2. The dispute relates to one half share of Kunwar Sen who died leaving his widow Mst. Tarawati opposite party No. 2. On publication of records in village an objection Under Section 9A of U. P. Consolidation of Holdings Act was filed by Mst. Tarawati claiming one half share in the land in dispute. Said objection of Mst. Tarawati was opposed by petitioner on the ground that Mst. Tarawati remarried with one Siya Ram and whatever rights she inherited being widow of Kunwar Sen came to an end.3. Consolidation Officer and Settlement Officer of Consolidation rejected objection of opposite party No. 2, but Deputy Director of Consolidation allowed revision and reversed findings and order of authorities below. Deputy Director of Consolidation recorded a clear-cut finding that remarriage has not taken place a...
Baboo Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2005CriLJ165
ORDERK.N. Ojha, J.1. Instant appeal has been preferred against order of conviction and sentence dated 22-9-1981 passed by Shri R. P. Mishra, IV Additional Sessions Judge, Basti in Sessions Trial No. 103 of 1981 by which Baboo Ram and Dashrath has been convicted under Section 307 read with Section 114. I.P.C. and Raja Ram has been convicted under Section 307, I.P.C. and each one of them has been sentenced to undergo three years R.I.2. Heard Sri G. S. Chaturvedi, Sri Samit Gopal and Sri Bhim Singh, learned counsel for the appellants and Sri Rahul Srivastava, learned A.G.A. and have gone through the record.3. It will be significant to mention that during the pendency of the appeal, vide letter dated 28-2-03, the Chief Judicial Magistrate, Basti reported that the appellant Baburam expired in the year 2000. Therefore, the appeal filed by him stood abated.4. According to prosecution, the complainant Bhagwati Prasad is resident of village Hadia, P. S. Kotwali of district Basti. One bishwa of ...
Chhotey Singh and ors. Vs. State
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2005CriLJ185
K.N. Ojha, J.1. Instant appeal has been preferred against the order of conviction and sentence dated 7-8-1981 passed by learned Sessions Judge, Farrukhabad, in Session Trial No. 71 of 1980, by which the appellants Chhotey Singh, Vikram Singh, Madho, Asghar, Roshan and Munna were convicted under Sections 399 and 402, I.P.C. and each one of them was sentenced to undergo 3 1/2 years R.I. under Sections 399 and 402, I.P.C. Vikram Singh and Roshan were further convicted under Section 25(1)(a) Arms Act and were further sentenced to undergo 1 1/2 years' R.I. It was directed that sentences would run concurrently.2. Heard learned counsel for the appellants and learned AGA and having gone through the record.3. It was reported by the C.J.M. Farrukhabad, vide letter No. 100 dated 23-8-2003 that the appellants Vikram Singh, Asghar and Roshan have expired, hence order was passed by this Court that the appeal filed by them stood abated.4. According to prosecution Brikesh Singh, the then Station Offic...
Ashok Kalyan Dass (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jul-07-2004
Reported in: 2005CriLJ1009
K.N. Ojha, J. 1. Instant appeal has been preferred against order of conviction and sentence dated 27-5-1981 passed by Shri R. S. Nigam, VIth Additional Sessions Judge, Agra in Session trial No. 516 of 1980 by which the appellant Ashok has been convicted under Section 307 read with Section 34 I. P. C. and has been sentenced to undergo Rigorous Imprisonment for five years and also has been imposed a fine of Rs. 500/- and in default of payment of fine to further undergo Rigorous Imprisonment of three months.2. After the appeal was filed by Shri B. N. Srivastava, learned counsel for the appellant, the appellant was enlarged on bail. Since then, he is absconding. Letter was sent to Chief Judicial Magistrate, Agra to issue coercive process to procure the attendance of the appellant Ashok. The Chief Judicial Magistrate issued non-bailable warrant and later on process under Section 82 and 83 of Criminal Procedure Code. It was reported that Ashok had disposed of his property and left the addres...
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