Court : Allahabad
Reported in : AIR1996All52
ORDER1. Heard the present writ petition along with Civil Misc. Writ Petition No. 6238 of 1995 (Krishna Murthy Yadav and others v. University of Allahabad and others).2. The present writ petition was filed challenging the election result for the post of Vice-President of Students' Union of the University of Allahabad declared on 1-3-1995 in favour of the respondent No. 5 and for consequential reliefs.3. The writ petition was moved contending inter alia that the petitioner, a student of Allahabad University contested the election of students Union of the University scheduled on 25-2-1995 filing his nomination for the post of Vice-President. Election held on the date scheduled was followed by repolling of four polling stations on 26-2-1995 and upon counting of votes the Returning Officer declared the petitioner as elected having secured 17 votes more than his nearest rival candidate Mr. Utpal Rai, the respondent No. 5. The petitioner was administered oath on 27-2-1995 and the result of su...
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All170
..... been authorised to exercise the powers under section 207 of the act to seize the vehicles of the petitioners if their vehicles are found with or without passengers stationary or moving in places not covered by their respective permits or any part of the notified (nationalised) route.36. a certified copy of this judgment ..... his vehicle the pratapgarh for the purpose of taking the diesel and for repairing purpose, even if, the petitioner takes his vehicle to pralapgarh without carrying any passengers. this court, vide interim order dated 29-3-1990 restrained the authorities concerned to interfere if the petitioner takes his empty vehicle to pratapgarh.26. there ..... ofa motor vehicle shall use or permit the use of thevehicle as a transport vehicle in any public inplace whether or not such vehicle is actuallycarring any passengers or goods save in accor-dance with the conditions of a permit granted or countersigned by a regional or state transport authority or any prescribed authority authorising .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... of the legislature, to the contrary notwithstanding : provided that nothing in this section shall prevent, or be deemed ever to have prevented, the effect of any enactment relating to the acquisition of property, land reforms or the imposition of celling on agricultural land :' 3 repeal of u. p. act ix of 1959.---the government grants (u. p. amendment) act, ..... grants act. 1895, with the exception that all grants may not be of nazul estate. on one class of property there is sovereignty of the state or the union, acquisition by law also falls under this category. in the other, of lands held by the state (central, state or railways, as the case may be) on having been ..... may have been brought on the rent-roll at the time of the last settlement. sale by public auction to the highest bidder will not be sanctioned whenever the acquisition of the ground may be made the means of personal annoyance. in such cases the land should be sold at an equitable price to the person apprehending the annoyance. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC90
R.K. Singh, J.1. This second appeal is directed against the judgment and decree dated 5th August, 1977 passed by Civil Judge, Court No. 3. Agra in Civil Appeal No. 80 of 1973 arising out of the Original Suit No. 137 of 1971 decided by II Additional Munsif, Agra by its judgment dated 22nd January, 1973.2. One Smt. Jagrani (died) executed a sale deed dated 20th February, 1968 in favour of the appellants Deena Nath and Mahavir Prasad both sons of Atmaram Pandey of Tal Firoz Khan. Agra. Smt. Jagrani died on 4th November, 1969. The plaintiff-respondents Shyam Prasad and others filed Original Suit No. 137of 1971 on 16th of February. 1971 alleging that the sale deed was obtained by playing fraud on Smt. Jagrani. 3. The plaintlff-repondents alleged that Smt. Jagrani at the alleged time of execution of the sale deed in question was a very old lady and she had become invalid and lost eye-sight as well and was practically blind. She had become very weak and frail and lost memory and had no capaci...
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC6
..... , has got competence to nullify his ex parte order, even if such power has not been mentioned appending copy of the judgment of this court in dinesh chandra upadhyay v. passenger tax officer, 1986 uptc837. he also prayed for giving him a photostat copy of the recommendations and thereafter an opportunity of hearing and pass orders.4. mr. rakesh ranjan agrawal .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC180
M. Quddusi, J. 1. Thecontroversy involved in the present writ petition revolves round the question as to whether a Government servant can be dismissed or removed from service merely on the basis of his conviction from the Court of law in a criminal charge or it is the conduct of a Government servantwhich had led to his conviction on a criminal charge, is to be considered in taking action of dismissal, removal from the service or reduction in rank, more so when the conviction has been stayed in criminal appeal by the appellate court.2. Necessary facts draped in brevity are that the petitioner was in the service of State Government and was posted as Senior Division Clerk under the control of Deputy Director General, N.C.C., U. P. Lucknow. A criminal case at Crime No. 747 of 1998 was registered against the petitioner and other person at police station Kotwall, Pratapgarh under Sections 147, 148, 149, 302, 304, 324, 397, I.P.C. and after committal of the case. Session Trial No. 63 of 1998 ...
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ3338
S.K. Phaujdar and M.A. Khan, JJ.1. Both the above appeals are directed against the judgment and order 22-4-1978 recorded by the Special Addl. District and Sessions Judge, Mirzapur, in ST No. 87 of 1974. This very judgment was challenged in two appeals - Crl. Appeal No. 1547 of 1978 at the instance of accused-appellant Dangar challenging his conviction and sentence, and Govt. Appeal No. 2071 of 1978 by the State praying for interference in the quantum of sentence of this Dangar. Death of Dangar was reported and confirmed. Accordingly, an order was recorded on 18-8-1994 indicating abatement of these two appeals due to death of Dangar. Of the present two appeals, one is against conviction of the four appellants, Hari Nath, Vishwa Nath, Mahant and Shiv Nath in the aforesaid trial and against the sentence imposed on them under Sections 304/149 IPC directing their rigorous imprisonment for 7 years (Crl. Appeal No. 1246 of 1978). The other appeal (Govt. Appeal No. 2108 of 1978) is directed ag...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)73ITD49(All.)
..... (2) with respect to which such legislature has power to make laws. (2) the matters referred to in clause (1) are the following, namely :- (d) land reforms by way of acquisition by the state of any estate, as defined in article 31a or of any rights therein or the extinguishment of modification of any such rights or by way of ceiling .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC699
..... regard to the merits of the case in any manner whatsoever. thus. though there might be some substance in the submission of mr. bhalla with regard to the proposition of acquisition of interest and cessation of relationship of landlord and tenant on the basis of such agreement having regard to the provisions contained in section 53a of the transfer of property .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC65
ORDERPradeep Kant, J. 1. These are three writ petitions which required adjudication on common question of law. 2. Two writ petitions viz. ; Writ Petition Nos. 325 and 326 (MS) of 2000, filed on the same day after effecting service upon the opposite parties and after filing the counter-affidavits by the contesting parties. are being decided and finally disposed of with the consent of the parties counsel by a common order as the 'lis' is between the same parties which involves certain common question of law. Both the writ petitions have been filed by Govind Nagar Sugar Ltd. Walterganj, Basti [hereinafter referred to as 'Walterganj Mills' for short) against Balrampur Chini Mills Ltd. Babhnan district Gonda (hereinafter referred to as 'Babhnan Mills' for short). In both the writ petitions the orders passed by the State Government under Section 15 (4) of U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953. have been challenged. 3. The most important and common questions of law pre...
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