Court : Allahabad
Decided on : Jul-14-2008
Reported in : 2008(4)AWC4003
..... was in the form of plot no. 209 area 2.54 acres alongwith building standing on a portion thereof was acquired.2. the property in dispute was popularly known as nepali kothi situate in mahmoorganj which was within the limits of municipal corporation, varanasi. notification under section 4 of land acquisition act was published in the gazette on 17.2.1973 .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-04-2008
Reported in : 2008(2)AWC2045
B.S. Chauhan and Arun Tandon, JJ.1. Heard Shri Lihazur. R. Khan on behalf of the petitioner; Shri P.S. Baghel on behalf of respondent Nos. 1 and 2, Shri H.N. Singh for respondent No. 3, learned Standing Counsel on behalf of respondent Nos. 4 and 5 and Shri U.N. Sharma learned Senior Counsel assisted by Shri Amit Sthalekar on behalf of respondent Nos. 6 and 7.2. The Hamidia Girls Degree College, Allahabad is a Girls Institution established and managed by Muslim Minority. The said Degree College is an Associate College of the University of Allahabad. The petitioner Nasreen Ara was appointed as a Lecturer in the said College with the approval of the Vice Chancellor of the University on 30/4/1988. The petitioner was served with a charge-sheet dated 19/1/2005, to which she submitted reply. Enquiry proceedings were held by the Officer so appointed. The Inquiry Officer submitted his report which was forwarded to the petitioner under letter of the Manager dated 09th May, 2005 calling upon the ...
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2008
Reported in : 2008(2)AWC1186
B.S. Chauhan and Bharati Sapru, JJ.1. This writ petition has been filed seeking following reliefs:(i) issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 22.12.2007 issued by U.P. Public Service Commission, Allahabad (Annexure-5 to the public interest petition);(ii) issue a writ, order or direction in the nature of certiorari quashing the resolutions dated 30.04.2005, 27.08.2005 and 28.8.2005 passed in Full Court Meeting of this Hon'ble Court (Annexure Nos. 13, 14 and 15 of this public interest petition).(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to provide reservation quota for physically handicapped persons in all services including judicial services.In fact the challenge in this petition is to the advertisement dated 22.12.2007 issued by the U.P. Public Service Commission to appoint Assistant Prosecution Officers and petitioners are seeking direction that the impugned advertisement be ...
Tag this Judgment!Court : Allahabad
Decided on : May-05-2008
Reported in : 2008(4)AWC3705
Ashok Bhushan, J.1. These two writ petitions raise similar questions, have been heard together and are being disposed of by this common judgment.Heard Sri Sunil Kumar, learned Counsel for the petitioners and learned standing Counsel appearing for the State-respondents.In view of the order, which is being passed in the writ petition no notices have been issued to respondents No. 4 and 5.Writ Petition No. 13548 of 2008 (hereinafter referred to as the first writ petition) has been filed praying for quashing the order dated 30th April, 2007 passed by the Additional Collector holding that application under Section 198(4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 filed by respondent No. 4 is maintainable and the date was fixed for hearing the parties on merits. Against the order dated 30th April, 2007 a revision was filed by the petitioners, which has been dismissed by the order dated 29th February, 2008.In Writ Petition No. 14110 of 2008 (hereinafter referred to as the second w...
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-2008
Reported in : 2009CriLJ146
Amar Saran and R.N. Misra, JJ.1. This writ petition under Article 226/227 of Constitution of India has been filed by the petitioner Amit Chaurasia with the prayer that a writ, order or direction in the nature of mandamus be issued commanding and directing the respondents to register the FIR of the petitioner.2. We have heard Sri Sunil Vashisth, learned Counsel for the petitioner and the learned A.G.A. for the respondent State and perused the record.3. It appears from the contents of the writ petition that one Dibyesh Pratap Singh came to the Mobile Repair Shop of the petitioner on 17.7.2008 at about 5 P.M. and abused him over some disputes on the repair of a mobile phone. The petitioner was also beaten by him. In the meantime, Dibyesh's father Devendra Pratap Singh also came there with five or six juniors lawyers and assaulted the petitioner by kicks and fists. He also gave a threat to his life. Whereas the police of Sigra police station registered a case at Crime No. 448 of 2008 under...
Tag this Judgment!Court : Allahabad
Decided on : Aug-06-2008
Reported in : 2009(1)AWC362
Amitava Lala, J.1. This appeal is arising out of the judgment and order dated 1.5.2008, passed by the concerned Motor Accidents Claims Tribunal, Jhansi, awarding a compensation of Rs. 1,40,000 alongwith interest @ 6% per annum on account of injuries of the claimant.2. It has been contended before us by the appellant/insurance company that the medical certificate, which has been given by the medical practitioner of the community health centre could not be said to be appropriate medical certificate for the purpose of ascertainment of disability of 45%.3. It is pertinent to mention that normally we consider the validity of the certificate to be issued by the office of the Chief Medical Officer of the district, if there is signature of more than one medical practitioners by following the principle plurality causes genuinity. Learned Counsel has shown us a circular letter dated 26.8.1986 to that extent. After going through the same, we find that the same is not needed for consideration for ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-12-2008
Reported in : 2009(1)AWC259
S.U. Khan, J.1. Heard learned Counsel for the parties.2. The only point involved in this writ petition is regarding interpretation of the word 'building' used in Section 2 (1) (g) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which is quoted below:2. Exemptions from operation of Act.-(1) Nothing in this Act shall apply to the following, namely:(a) to (f) ... (not relevant).(g) any building, whose monthly rent exceeds two thousand rupees.3. The precise point involved and argued is as to whether the word 'building' used in the aforesaid clause means only the tenanted building or in case tenanted accommodation is part of a big building, then the word 'building' means the entire building of which tenanted accommodation is a part.4. Landlord-respondent No. 3, Ajay Kumar filed S.C.C. Suit No. 95 of 1998 against tenant petitioner for his eviction from the accommodation in dispute, which is a shop, rent of which is Rs. 400 per month. It was also stated that ten...
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-2008
Reported in : 2009CriLJ1677
Saroj Bala, J.1. This Criminal appeal is directed against the judgment and order dated 26-8-1982 passed by the Additional Sessions Judge-I, Bijnor in Sessions Trial No. 337 of 1981 whereby convicting the accused appellant No. 1 Om Prakash under Sections 302 I.P.C. and 307/34 I.P.C. and appellants No. 2 and 3 Jai Prakash and Ram Kumar under Sections 302, 302/34 and 307/34 I.P.C. and sentencing them to rigorous imprisonment for life for the offence under Section 302/34 and five years' rigorous imprisonment for the offence under Section 307/34 I.P.C. All the sentences were to run concurrently. The appeal filed on behalf of accused appellant No. 4 Ganga Ram stood abated vide order dated 9-10-2007.2. The prosecution case as unfolded at the trial was that the first informant Kela Ram (P.W.3) was a peon in Janta Junior High School, Ganjalpur and Suresh Chand (P.W. 1) was the Manager of said school. There was a dispute over the office of Manager between Suresh Chand (P.W.1) and accused appella...
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2008
Reported in : 2009(2)AWC1777
Sudhir Agarwal, J.1. Aggrieved by the judgment dated 2.11.2000 of Hon'ble single Judge dismissing petitioner-appellant's (hereinafter referred to as the 'petitioner') Writ Petition No. 24972 of 1991 this intra Court appeal under the rules of the Court has been preferred by the petitioner. The writ petition was filed challenging the order dated 5.8.1991 whereby the Director, North Central Zone, Cultural Centre, Nyay Marg, Allahabad (hereinafter referred to the 'N.C.Z.C.C.') has terminated petitioner's services giving him one month's salary in lieu of notice.2. The facts in brief giving rise to the present dispute are that the petitioner was appointed vide order dated 11/16.9.1987 as Stenographer (Hindi) attached to Deputy Director (Admin.) on consolidated pay of Rs. 1,581 per month including all allowances. The aforesaid appointment was purely temporary and terminable at any time without prior notice. On 30.7.1991 the Director, N.C.Z.C.C. published an advertisement in daily Hindi newspa...
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2008
Reported in : 2009(239)ELT427(All)
Satish Chandra, J.1. This appeal has been filed by the Department under Section 130 of the Customs Act, 1962 against the Order No. 1792-93/04-NB (S) dated 3.12.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in Appeal No. C/85-186/04-NB (S).2. We have heard Sri Rajesh Singh Chauhan for the appellant and Sri Anand Mohan for respondents.3. The brief facts of the case are that the Preventive Officer of the Customs on the basis of specific information, on 24.12.1999, have intercepted a Maruti Gypsy No. UGE-9446 on Lucknow-Barabanki Highway near Safedabad Railway Crossing. There were three persons in the Gypsy. One Raj Kumar Sharma was driving the Gypsy, while two other occupants namely Shambhu Nath and Lal Bahadur, the respondents, were sitting in the vehicle. Both were residents of district Mathura. On enquiry, both respondents have admitted that they were having silver of foreign origin in the vehicle and told that they were travelling from Gorakhpur to Mat...
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