Allahabad Court January 2011 Judgments

C.M Shri Ram Dev Sanskrit Mahavidyalaya and anr. Vs. State of U.P. and ...

Court: Allahabad

1. The petitioner Harinath Dubey claims to be the Manager of the petitioner No. 1-Committee of Management which is managed through a society registered as Shri Ram Dev Sanskrit Mahavidyalaya, Bareri, District Jaunpur. 2. The petitioner contends that the Registrar has taken a decision in his favour and the renewal certificate had been issued under his orders pursuant to the directions of this Court dated 12.8.2009, therefore, it is the petitioner who is entitled to be treated to be the validly elected office bearer of the society. 3. Sri P.S. Baghel submits that once the petitioner is the accepted office bearer and there being no distinction between the committee of management of the society and the degree college, the Vice Chancellor was bound to recognize the petitioner accordingly. He submits that the status of the petitioner is therefore supported in law and reliance is placed on the decision in the case of Committee of Management A. K. College, Shikohabad, District Firozabad & ...

Mohd. Zakir HusaIn Ansari Vs. State of U.P. and Others

Court: Allahabad

1.The writ petition is directed against the order dated 23.10.2008 passed by respondent no. 2, Superintending Engineer, Minor Irrigation, Bareilly Circle, rejecting representation of petitioner for giving appointment on the post of Urdu Translator. 2.With consent of learned counsel for parties, this Court proceed to decide this matter finally on the basis of the record of writ petition itself. 3.The facts giving rise to present dispute are that petitioner passed Adeeb-e-Mahir certificate from Jamia Urdu, Aligarh in 1993 along with Hindi as one of the subjects. State Government had recognized aforesaid certificate by its order dated 13.12.1994 equivalent to Intermediate with Urdu subject. On 9.9.1994, U.P. Urdu Translator-cum-Junior Clerk Service Rules, 1994 (hereinafter referred to as "1994 Rules") were published wherein Appendix-3 provides that for the purpose of appointment as Urdu Translator-cum-Junior Clerk, the qualification of Adeeb-e-Mahir shall be equivalent to Intermediate whe...

Surya NaraIn Singh Vs. State of U.P. and Others

Court: Allahabad

1. The present Writ Petition has been filed under Article 226 of the Constitution of India by the petitioner, inter alia, praying for quashing the order dated 10.10.1986 (Annexure - 6 to the Writ Petition) passed by the Superintendent of Police, Bijnor (respondent No.2), the order dated 28.2.1990 (not filed) wrongly mentioned as order dated 30.11.1988 passed by the Deputy Inspector General of Police, Moradabad Region, Moradabad (respondent No.3), the order dated 26.2.1992 (Annexure - 8 to the Writ Petition) passed by the Inspector General of Police, Bareilly Zone, Bareilly (respondent No.4), the judgment and order dated 24.7.1995 (Annexure - 9 to the Writ Petition) passed by the State Public Services Tribunal (in short 'Tribunal') and the order in review dated 10.9.2002 (Annexure - 10 to the Writ Petition) passed by the Tribunal. 2. It appears that the petitioner was appointed in the year 1961 on the post of Constable, U.P. Police. When the petitioner was posted in the district Bijnor,...

Red Rose Senior Secondary School Rajajipuram, Lucknow Through Its Mana ...

Court: Allahabad

1. Heard Sri P.N. Dwivedi and Sri Shiva Kant Tiwari the learned counsel for the applicant and Sri R.K. Chaudhary the learned counsel for the opposite party and perused the record. 2. Before adverting to the controversy involved in the present case, I think it is appropriate to state the fact that the Constitution of India is very comprehensive and has provided checks and balances in almost every matter and Entry 14 of the List-III Concurrent List of the Seventh Schedule of the Constitution is as under: "Contempt of Court, but not including contempt of the Supreme Court." 3. This Entry clearly shows that both the Parliament and State Legislature are entitled to frame law regarding powers of the High Court in matters of contempt of Court. The Parliament and the State Legislature are entitled to frame law even to limit the powers of the High Court in matters of contempt of Courts. Thus Contempt of Courts Act, 1971 has been enacted by the Parliament within the framework of the Constitution...

Km. Abha Rani. Vs. Regional Inspectress of Girls School, Meerut Region ...

Court: Allahabad

1. The order impugned, which has been challenged by the appellant in this appeal, is the order dated 13th December, 2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 4853 of 1981 (Km. Abha Rani v. Regional Inspectress of Girls School, Meerut and others). The order impugned before us is an exhaustive order but in the form of interim order. However, now we are governed by the judgement of this Court that if any interim order is passed within the trappings of finality, then in that case a special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 can be held to be maintainable. In any event, so far as the appellant-writ petitioner is concerned, the matter has reached to finality. The operative part of the impugned order dated 13th December, 2010 to that extent is as follows: "So far as the petitioner is concerned, the present writ petition is dismissed with cost of Rs.50,000/-. The same shall be deposited by the petitioner by way of bank draft ...

Smt. Alimunnishan and ors. Vs. Om Prakash and anr.

Court: Allahabad

1. The First Appeal From Order arises out of Claim Petition No. 33 of 2002 (Smt. Alimunnishan & 8 Ors. v. Om Prakash & Anr.) filed on account of death of Naqvi Ahmad in the accident that had taken place on 17th November, 2001 with Truck No. U.P.44-A/2098 owned by Om Prakash Singh. 2. The said Claim Petition No. 33 of 2002 was filed by Smt. Alimunnishan & 8 Ors. under Section 166 of the Motor Vehicles Act, 1988 with the averments that the deceased Naqvi Ahmad was the sole bread earner of the family; on 17th November, 2001 he went to Sultanpur for business purposes but Truck bearing No. U.P.44-A/2098 which was being negligently driven by the driver hit the husband of Smt. Alimunnishan as a result of which he and many others died and many were injured; the husband of the petitioner No. 1 used to earn Rs. 5,000/- per month from the business; First Information Report could not be lodged in time since medical treatment was immediately required to be provided to the injured and, t...

Makhan Kant Sharma Vs. Union of India Thru. the Director of Revenue In ...

Court: Allahabad

1. Heard the learned counsel for the revisionist and learned counsel for the Union of India as well as perused the materials available on record. 2. This criminal revision under Section 397/401 of the Code of Criminal Procedure (hereinafter referred to as 'Code') has been filed by the accused-revisionist for modifying the order dated 7.6.2010, passed by the learned Sessions Judge, Lucknow on his bail application (Criminal Misc. Case No. 1960 of 2010; Makhan Kant Sharma v. Union of India through the Director of Revenue, Intelligence, Gomti Nagar, Lucknow), whereby the learned Sessions Judge while allowing his bail application imposed the first condition in addition to other two conditions that the accused-revisionist shall deposit Rs. 4,00,00,000/- (Rs. Four crore) as difference of Custom Duty alleged to have been evaded by him. 3. The relevant facts giving rise to the present revision as borne out for the documents available on record may be summarized as under:- 4. The accused-revisio...

C.M Educational and Village Devp. Society and anr. Vs. State of U.P. a ...

Court: Allahabad

1. Heard Sri Ashok Khare learned Senior Counsel assisted by Sri Saroj Yadav for the petitioner. 2. The challenge in this petition is to the order dated 27th December, 2010 passed by the Sub Divisional Magistrate Basgaon, Gorakhpur/Prescribed Authority in relation to the dispute of a society registered under the Societies Registration Act, 1860. The power invoked is under Section 25(1) thereof on a reference alleged to have been made by 21 persons. 3. The facts giving rise to this petition are that that an alleged election was set up on 18th December, 2005 by the petitioner Shivaji Singh. A rival election by the Ravindra Singh was set up on 29th December, 2005. It further transpires from the case of the respondent that Ravindra Singh resigned in June, 2007 and one Vivekanand respondent no. 5 was elected as the Manager. 4. The petitioner contested this position and the matter came up before the Prescribed Authority in a reference by 21 persons. These 21 persons who had raised the referen...

Court: Allahabad

1. In All these writ petitions cardinal dispute is about age of retirement of the petitioners and parity with the teachers of the University. 2. The facts giving rise to the dispute in all these writ petitions, in brief, are as under: 3. In 1898 Dr. Mrs. Annie Besant founded a Central Hindu College near Town Hall, Varanasi with an object to impart religious and moral instructions alongwith secular eduction. The College opened on 7.7.1898 in a hired accommodation. With the passage of time, accommodation became inadequate causing shifting of College to a more spacious building in the heart of the city, i.e., Kamachha. This accommodation was provided by Sri Prabhu Narayan Singh, the then Maharaja of Banaras. The college was shifted to the new building at Kamachha in March 1899. In the meantime, it was also affiliated to Allahabad University on 6.8.1898 for courses upto F.A. Standard (Intermediate). The College was under the management and control of Board of Trustees. In the scheme of con...

Smt. Rajeshwari Devi Vs. State of U.P. and Others

Court: Allahabad

1. This is really a strange kind of case. One Sri Ghasi Ram working as Mali in Nagar Nigam Bareilly, was placed under suspension on 21.7.2005 and a charge sheet was issued to him from the office of Nagar Nigam on 26.7.2005. The delinquent employee Ghasi Ram died on 31.7.2005/1.8.2005 and this information was received in the office of Nagar Nigam on 2.8.2005. Despite, the enquiry officer submitted report on 5.10.2005 stating that he gave opportunity to the delinquent employee which he did not avail and, thereafter, held all the charges proved against the dead employee. 2. The disciplinary authority, having noticed the fact that Ghasi Ram has died while in suspension, agreed with the enquiry report holding that the charges stand proved and the deceased employee was guilty of the misconduct. He also held that had he been alive, a major penalty would have been awarded but after his death, penalty of dismissal is not possible , hence as a measure of penalty, all the retiral dues including p...