Allahabad Court September 2004 Judgments
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Tazi Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC273
S.U. Khan, J.1. Through this writ petition petitioner has challenged order of Additional Commissioner, Meerut Division Meerut dated 26.8.2003 through which Revision No. 49 of 2001-2002 filed by respondent No. 5 has been allowed and order dated 21.6.2002 passed by A. D. M. Ghaziabad in Case No. 1 of 1999-2000 has been set aside. The A. D. M. by his order dated 21.6.2002 had cancelled patta of a pond granted in favour of respondent No. 5 dated 20.7.2000.2. By my orders dated 13.9.2004 and 15.9.2004 I directed the learned counsel for both the parties, i.e., respondents No. 5 as well as petitioner to offer their bids for the lease of pond in question for fisheries purposes in open court. This unusual practice was adopted in view of the fact that the pond in question having an area of 10 bigha, 11 biswa had been given to respondent No. 5 on extremely insignificant premium of Its. 1,200 per year for ten years through lease deed dated 20.7.2000. The Court proposed to adopt that procedure foll...
Devendra Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC94
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to issue appointment letter to the petitioner in pursuance of his selection as class IV employee in the department of the respondents within a stipulated period.3. On 9.4.2003 an advertisement was issued by respondent No. 2 inviting applications from the eligible candidates for the post of class IV employee in the department of Bal Vikas Evam Pushtahar. The petitioner applied for the said post. It is stated that after interview the result was declared in which the petitioner was declared successful and his name found place in the' select list.4. It is alleged that on 7.10.2003 a Government order was issued by which the entire selection had been cancelled. Consequent upon the aforesaid Government order respondent No. 2 passed an order dated 16.10.2003 cancelling all the appointme...
Kedar Nath Srivastava Vs. Director of Education (Secondary) and ors.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC183
Sunil Ambwani, J.1. Heard Sri Ashok Khare, senior advocate assisted by Sri V.K. Singh for petitioner and Sri R. K. Srivastava for respondent No. 6. Learned standing counsel appears for respondent Nos. 1 to 4.2. Brief facts, giving rise to this writ petition, are that the petitioner was appointed as Assistant Teacher in C.T. grade on 9.7.1993 in Inter College, Laxmipur, Ekdanga, Maharajganj. On the abolition of C.T. grade, the petitioner was placed in L.T. grade on 1.1.1986. Sri Uma Shanker Lal was the permanent Principal and Sri Jagdamba Lal Srivastava was permanent Lecturer in Economics. Sri Uma Shanker Lal expired on 14.9.1990, after which Sri Jagdamba Lal Srivastava, Lecturer in Economics in the institution was given ad hoc promotion as Principal of the college on 12.11.1990. The ad hoc promotion was approved by District Inspector of Schools and Sri Srivastava was given pay scale applicable to the post of Principal. Consequently it is alleged that the post of Lecturer in Economics f...
Committee of Management, Janta Vidyalaya Samiti and anr. Vs. Deputy Re ...
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC88
Arun Tandon, J.1. Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioners, Sri Ashok Khare, senior advocate, assisted by Sri V.K. Agarwal, learned counsel for the respondent Nos. 2, 3 and 4 and learned standing counsel for the respondent Nos. 1 and 5.2. Committee of Management of Janta Vidyalaya Samiti, Mahamaya Nagar through its President, Sri Ajant Singh and one Sri Neeraj Yadav have filed this writ petition against the order of the Deputy Registrar. Firms, Chits and Societies, Agra, dated 19th November, 2003 whereby, after adjudicating upon the rival set of elections, he has proceeded to hold that the elections dated 30th June, 2003, are legal and valid and, therefore, had directed that the list of office bearers submitted in pursuance of the aforesaid elections be registered under Section 4 of the Societies Registration Act.3. It is contended on behalf of the petitioners that the aforesaid order of the Deputy Registrar dated 19th November, 2003 is without jurisdiction...
Ahmad HusaIn and ors. Vs. Smt. Ruab Bano and ors.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC200
Sunil Ambwani, J.1. Heard Sri K.G. Srivastava for the applicant.2. This civil revision under Section 76 of the Waqf Act of 1960 has been filed along with a delay condonation application under Sections 5 and 14 of the Limitation Act, 1963 for condonation of delay in filing the revision against the order dated 30.11.1998 passed by 1st Additional Civil Judge (Senior Division), Bijnor in Original Suit No. 475 of 1989 between Masjid Patwarian and Ors. v. Ruab Bano and Ors. by which the trial court decided the issue No. 3 and held that the suit is barred by principle of res-judicata, and the order dated 11.2.2003 in Miscellaneous Civil Appeal No. 54 of 2003 decided and dismissed by the District Judge. Bijnor on merits affirming the findings of the trial court, that the suit is barred by res-judicata as well as on the ground that the appeal even otherwise was not maintainable as revision under the Waqf Act lies before the High Court.3. The brief facts giving rise to this Civil Revision are th...
Rajiv Nath Agrawal Vs. Ankur Agrawal
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC259
Sunil Ambwani, J.1. This is tenant's revision under Section 25 of the Provincial Small Cause Courts Act against the judgment and decree dated 31.10.2003 passed by Addl. District Judge, Court No. 3. Pilibhit. a Small Cause Court, in S.C.C. Suit No. 22 of 1997. between Ankur Agarwal and Rajiv Nath Agarwal. for eviction and arrears of rent.2. I have heard Sri B.N. Agarwal for revisionist-tenant and Sri M.K. Gupta for opposite party-landlord.3. The suit was filed with the plaint averments stating that Sri Arun Kumar Agarwal, the father of plaintiff Sri Ankur Agrawal had let out a shop situated in Mohalla Habibulla Khan Janubi, Bisalpur, district Pilibhit to the defendant Rajiv Nath Agarwal on monthly rent of Rs. 625. The shop is a new construction and assessed for the first time in January, 1995 and thus the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act 13 of 1972') are not applicable to the shop in dispute. The...
Employees State Insurance Corporation Vs. Satya Narain
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)AWC253; (2005)2UPLBEC1584
Prakash Krishna, J.1. This is an appeal under Section 82 of the Employees State Insurance Act (hereinafter referred to as 'the Act') against the order dated 1st of August, 1991 passed by the E.I. Court, Kanpur, in Appeal No. 84 of 1991.2. The brief facts of the case are that the respondent on 27.10.1984, suffered employment injury in his left ear. The respondent pleaded that the aforesaid employment injury has caused total loss of hearing of the left ear. Resultantly there is 50% loss of earning capacity permanently. The decision of the Medical Board dated 1.4.1991 is without reason. The E.I. Court awarded 30 per cent as loss of earning capacity permanently by the order under appeal. Challenging the aforesaid order the present appeal has been filed.3. Heard the counsel for the parties and perused the record.4. The learned counsel for the appellant submitted that it was not open to the E.I. Court to take a different view than the view taken by the Medical Board with regard to the loss o...
Dharmendra Kumar Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: (2005)1UPLBEC1035
Sunil Ambwani, J.1. Heard Sri Anil Kumar Vajpayee for petitioner and learned Standing Counsel.2. Under the directions of this Court, the Standing Counsel has produced the original record relating to the dismissal of petitioner's services.3. The petitioner was enrolled as Constable in Civil Police in 1987. At the relevant time in the year 1997-98, he was posted as Security Guard/Gunner to Mohammad Shami, who was at one time Block Pramukh, Mau Aima, District Allahabad. The petitioner was dismissed from service by the order dated 3.1.1998 passed by Senior Superintendent of Police, Allahabad in exercise of powers under Rule 8 (2) (b) of the U.P. Police Officers' of Subordinate Ranks (Punishment and Appeal) Rules 1991 (in short the Rules of 1991). The order was challenged in Writ Petition No. 1366/1998, which was allowed by this Court on 12.12.2000 and while setting aside the dismissal order, the Senior Superintendent of Police, Allahabad was directed to decide the matter afresh, and to giv...
Employees' State Insurance Corporation Vs. Satya NaraIn Singh
Court: Allahabad
Decided on: Sep-17-2004
Reported in: (2005)ILLJ928All
Prakash Krishna, J.1. This is an appeal under Section 82 of the Employees' State Insurance Act (hereinafter referred to as the Act) against the order dated August 1, 1991 passed by the E.I. Court, Kanpur in Appeal No. 84 of 1991. The brief facts of the case are that the respondent on October 27, 1984 suffered employment injury in his left ear. The respondent pleaded that the aforesaid employment injury has caused total loss of hearing of the left ear. Resultantly there is 50% loss of earning capacity permanently. The decision of the Medical Board dated April 1, 1991 is without reason. The E.I. Court awarded 30 per cent as loss of earning capacity permanently by the order under appeal. Challenging the aforesaid order the present appeal has been filed.2. Heard the counsel for the parties and perused the record. The learned counsel for the appellant submitted that it was not open to the E. I. Court to take a different view than the view taken by the Medical Board with regard to the loss o...
Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-17-2004
Reported in: 2005(1)ESC255
Rakesh Tiwari, J.1. Heard the petitioner, in person ; Sri Shishir Kumar for the respondents and perused the records of the writ petition as well as the records of the earlier writ petitions as is necessary to decide the controversy in this case.2. The instant writ petition, instituted under Article 226 of the Constitution of India, has a chequered history. It has been filed for issuance of suitable writs and directions for quashing the impugned orders dated 21.10.1999 and 12.4.2000, contained in Annexures 5 and 5-A respectively to the writ petition.3. By order dated 21.10.1999, the petitioner was dismissed from service by Commandant, A.S.C. Centres (South), Bangalore under Army Act 20 (3) declaring the petitioner as deserter w.e.f. 2nd May, 1996. By order dated 12th April, 2004, the representation of the petitioner dated 21st January, 2000, pursuant to the direction contained in judgment of this Court dated 11.1.2000 in Civil Misc. Writ Petition No. 1458 of 2000 was rejected by respond...
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