Allahabad Court January 2008 Judgments
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Km. Poonam Daughter of Naresh Chandra Vs. State of U.P. Through Princi ...
Court: Allahabad
Decided on: Jan-05-2008
Reported in: 2008(3)AWC2852
S. Rafat Alam and V.C. Misra, JJ.1. This infra court appeal, under the Rules of the Court, is preferred against the judgment of !he Hon'ble Single Judge dated 9.5.2007 allowing Civil Misc. Writ Petition No. 41961 of 2006, Rakesh Bhardwaj v. State of U.P. and Ors. with certain observations and directions.2. We have heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Arun Kumar Tiwari, learned Counsel appearing for the appellant; Shri P.K. Jain, learned Counsel appearing for the petitioner-respondent No. 6 and the learned Standing Counsel appearing for the State-respondents.3. The short facts, as appear from the pleadings of the parties briefly stated are that Shri Gangadeen Gauri Shanker College, Kanpur Cantt, Kanpur (hereinafter referred to as 'the institution') is the recognized institution and is also getting grant in aid from the State Government hence governed by the provisions of the U.P. Intermediate Education Act, 1921 (in short 'Act of 1921'), the Regulations framed...
Ashok Kumar JaIn S/O Ravi Chandra JaIn Vs. State of U.P. Through Princ ...
Court: Allahabad
Decided on: Jan-04-2008
Reported in: 2008(1)AWC798
Tarun Agarwala, J.1. Heard Sri Ashok Khare, the learned senior Counsel assisted by Sri Rama Kant Dubey and Sri Vinod Sinha, the learned Counsel for respondent No. 5 and the standing counsel for respondent Nos. l, 2 and 3. Since no factual controversy is involved in the present writ petition, the present writ petition is being decided without calling for a counter affidavit.It transpires, that the Principal of the institution retired and a substantive vacancy came into existence on 20.6.1998. One Ram Babu Jain was granted an appointment as an officiating Principal but subsequently he was placed under suspension. Consequently, the petitioner, by virtue of being the senior most lecturer, was appointed as an officiating Principal of the institution in June 1999 and, the petitioner functioned in that capacity till 28.10.2005, on which date, the petitioner submitted his resignation citing family stress and ill health. This resignation was duly accepted by the authorized controller and the pe...
Paras Nath Chaubey S/O Late Jagdish Chaubey Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Jan-04-2008
Reported in: 2008(2)AWC1272
B.S. Chauhan and Arun Tandon, JJ.1. These two writ petitions have been filed by two lecturers of Sri Gandhi Post Graduate College, Maltali, Azamgah claiming a right to function as Officiating Principal of the institution till regular selected candidate recommended by the U.P. Higher Education Services Commission joins the post. The claim set up in both the writ petitions is for the same post i.e. officiating principal. Both petitioners have challenged the same order of the Vice-Chancellor of Veer Bahadur Singh Purvanchal University, Jaunpur dated 8th September, 2007. These two writ petitions have, therefore, been tagged and are being decided by this common judgment.2. Heard Sri Ashok Khare, Senior Advocate, assisted by Sri V.D. Shukla, learned Counsel for Paras Nath Chaubey, Sri G.K. Singh, Advocate, learned Counsel for Dr. Ghanshyam Singh, Sri P.S. Baghel, learned Counsel for Veer Bahadur Singh Purvanchal University, Jaunpur and learned Standing Counsel for State-respondents.3. Sri Ga...
Chairman/Managing Director, U.P. Power Corporation Limited, Vs. Jitend ...
Court: Allahabad
Decided on: Jan-03-2008
Reported in: [2008(116)FLR903]
H.L. Gokhale, C.J.1. Heard Sri B.P. Singh in support of this appeal. Sri R.K. Mishra appears for the respondent No. 1 and Sri Pankaj Rai appears for the respondent No. 2.The appellants seek to challenge the order dated 12.7.2007 passed by the learned Single Judge whereby the writ petition of the first respondent has been allowed.2. The short facts leading to this appeal are that the father of the first respondent was working under the U.P. Power Corporation whose Chairman-Cum-Managing Director has filed this appeal. Father of the respondent No. 1 died while in service on 16th October, 1991. The respondent No. 1 was minor at that time. He became major on 30th June, 1997. He applied for compassionate appointment under the Corporation just within a month thereafter i.e. on 23rd July, 1997. His application came to be considered and an appointment order was issued on 14th February, 2001 which was nearly 3 1/2 years thereafter. The appointment came to be cancelled subsequently on 19th Februa...
Rambir Singh Son of Sri Nathu Singh Vs. Addl. Commissioner, Agra Divis ...
Court: Allahabad
Decided on: Jan-03-2008
Reported in: 2008(2)AWC1126
S.U. Khan, J.1. Heard learned Counsel for the parties. Shri S.P. Misra, learned standing counsel has filed compliance report stating therein that possession has been taken on 30.11.2007, Exactly a similar application was filed by Vikram Singh. This application has been filed by Saudan Singh and Mahendra Singh. All these three persons were appellants before Settlement Officer Consolidation as well as applicants before Deputy Director pf Consolidation. In this application it ought to have been mentioned that a similar application filed by Vikram Singh has been rejected.2. This application is liable to be dismissed on the saline ground on which earlier application by Vikram Singh was dismissed on 4.12.2007. However, learned Counsel for the applicant has cited an authority reported in Babooram v. 1st Additional district and Sessions Judge, Basti 1978 ALJ LOC 52 regarding Explanation-I to Section 5(6) of U.P. Imposition of Ceiling on Land Holdings Act which is substantially similar with Exp...
Harish Chandra Pathak Son of Shri Shyam Singh Pathak Vs. Anil Vats Son ...
Court: Allahabad
Decided on: Jan-03-2008
Reported in: 2008CriLJ2965
Saroj Bala, J.1. By means of this application under Section 482 Cr.P.C. the applicant prays for quashing the orders dated 11.4.85 and 5.6.85 passed by the C.J.M., Meerut in Criminal Case No. 2985/9 of 1985-State v. Harish Chand Pathak.2. The relevant facts are these:On 21.12.82 at 4.30 P.M. the F.I.R. was lodged by the applicant for the offence under Sections 363, 511 I.P.C. against the opposite party No. 1 and others. The case crime No. 410 of 1982 was registered at Police station Kotwali, Meerut against the opposite party and others under Sections 363, 511 I.P.C. After investigation final report was submitted. The final report was accepted by the A.C.J.M. on 24.3.83. An application was moved by the opposite party No. 1 on 11.12.83 for filing complaint against the applicant for the offence under Section 211 I.P.C. After hearing both the parties the application moved by the opposite party for filing complaint under Section 211 I.P.C. was allowed. The revision preferred by the applicant...
Chandan Brick Field Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Jan-03-2008
Reported in: (2009)19VST345(All)
Vikram Nath, J.1. This trade tax revision under Section 11(1) of the U. P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') has been filed by the dealer, M/s. Chandan Brick Field, Allahabad, assailing the judgment and order of the Trade Tax Tribunal, Bench-I, Allahabad dated September 23,1998. The following questions of law have been sought to be raised in this revision:(1) Whether, on the facts and in the circumstances of the case, the rejection of books of account is based on relevant considerations ?(2) Whether the estimate of the turnover is legally justified and is based on material ?(3) Whether the Tribunal is legally justified in taking firing period at 100 days while 94 days has been admitted and in estimating production at 9,50,000 bricks as against the disclosed production of 9,10,000 bricks ?(4) Whether the estimate of average selling rate at Rs. 405 per thousand bricks is based on any material and is legally justified, inasmuch as the sales are completely verifia...
Chet Ram Gangwar S/O Shri Puran Lal Gangwar Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Jan-02-2008
Reported in: 2008(1)AWC909
Ashok Bhushan, J.1. Heard Dr. H.N. Tripathi, learned Counsel for the applicant and learned Standing Counsel representing the respondents.This is an application seeking review/ recall of the judgement and order dated 13.11.2007 by which the writ petition filed by the petitioner was dismissed.2. By the writ petition, the petitioner had prayed for quashing the order dated 18.10.2007, passed by the Joint Director of Education returning the proposal of the petitioner's promotion as Lecturer Hindi on the ground that the petitioner having not passed B.A. with Sanskrit was not eligible for promotion on the post of Lecturer Hindi. The petitioner is postgraduate in Hindi and has passed two years course of Sahitya Ratna from Hindi Sahitya Sammelan. After hearing the learned Counsel for the petitioner, the writ petition was dismissed taking the view that two years course of Sahitya Ratna from Hindi Sahitya Sammelan cannot be said to be equivalent to B.A. with Sanskrit.3. The grounds taken in the r...
iqubal Ahmad Khan S/O Late Mohammad Ibrahim Khan Vs. State of U.P. and ...
Court: Allahabad
Decided on: Jan-02-2008
Reported in: III(2008)BC86; 2008CriLJ2177
Amar Saran, J.1. Heard learned Counsel for the applicant and learned Additional Government Advocate.2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the complaint case No. 3176 of 2006, under Section 138 of the Negotiable Instrument Act (Rajesh Kumar Mishra v. Iqbal Ahmad Khan), pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi.3. The brief facts of the case are that a complaint was filed by Rajeshwar Mishra alleging that as the complainant wanted to purchase the house of the applicant and the complainant gave an advance of Rs. 4,60,000/- for this purpose to the applicant. As the applicant pleaded his inability to get the house vacated to hand over to the complainant in accordance with the agreement, he gave one Bank Draft of Rs. 3,55,000/- on 30.8.2005 drawn on Punjab National Bank, Parichha, Jhansi and another cheque amounting to Rs. 105,000/- dated 15.12.2005, drawn on Corporation Bank, to the complai...
Ram Chandra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-02-2008
Reported in: 2008(2)AWC1611
ORDERU.K. Dhaon and Devi Prasad Singh, JJ.1. Heard Sri D. R. Shukla learned Counsel for the petitioner and the learned standing counsel who has put In appearance on behalf of the opposite parties 1, 2, 4 and 5.2. The petitioner has filed the instant writ petition against the judgment and order dated 14.3.1996, passed by the State Public Services Tribunal, Lucknow and the order dated 10.12.1985 by which his services were terminated. The brief facts of the case are that father of the petitioner late Sri Ram Dhiraj was working as Class IV employee in Rajkiya Vastukala Mahavidyalaya, Lucknow. Father of the petitioner expired while he was in service and on an application moved by the petitioner he was appointed on the post of chowkidar by the order dated 19.3.1983 under the U.P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974. By the impugned order dated 10.12.1985, the services of the petitioner were terminated by the opposite party No. 5. The petitioner bei...
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