Court : Allahabad
Decided on : Sep-06-2001
Reported in : 2002CriLJ1218
G.P. Mathur, J. 1. The question which requires consideration here is whether aperson having the degree of Bachelor of Unani Medicine and Surgery is entitled to practise modern medicine and to prescribe allopathic drugs.2. The petitioner obtained the degree of Kamil-e-Tib-o-Jarahat from Aligarh Muslim University in the year 1990 which is also described as Bachelor of Unani Medicine and Surgery in the degree awarded by the University, a photocopy of which has been filed as Annexure-2 to the writ petition. The Janta Nursing Home being run by the petitioner in Kolhui district Maharajganj was inspected by a team consisting of a senior Medical Officer, a S.D.M. and a Drug Inspector on 26-8-2000 and in was found that allopathic drugs were being prescribed and administered to patients. A. F.I.R. was then lodged under Section 420 I.P.C. and Section 15 of Indian Medical Council Act, against the petitiner and one Aurangzeb, who claimed to be the compounder at the Nursing Home. The present writ pe...
Tag this Judgment!Court : Allahabad
Decided on : Jul-06-2001
Reported in : 2001CriLJ4791
Ashok Bhushan, JJ.1. This is an appeal against the judgment and order dated 24th April, 1980 passed by the 4th additional and Sessions Judge, Saharanpur in Session Trials No. 126 of 1979 and 395 of 1979 convicting the accused appellant for the offences punishable under Section 302 I.P.C. read with Section 34 I.P.C. and Sections 364 and 201 I.P.C. and sentencing him to undergo imprisonment for life Under Section 302 read with 34 I.P.C. four years' Rule I. Under Section 364 I.P.C. and two years Rule I. under Section 201 I.P.C.2. The prosecution case, in brief, is that Satish son of Brahma Singh aged about 12 years disappeared from his house on 19-2-1979 from 11A.M. Brahma Singh after making search returned to his house in the morning of 21 -2-1979 when he saw a Pamphlet pasted on the door of his house. In the Pamphlet demand of ransom amount of Rs. 5000/- was made for return of Satish. The amount was to be paid on 21 -2-1979 at 7.00 p.m. at the well of Ramji Lal. The ransom note stated t...
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-2001
Reported in : 2001(2)AWC1199; (2001)2UPLBEC1806
Pradeep Kant, J.1. The petitioners, who belong to the Scheduled Castes category and have successfully completed their M.B.B.S. course, have approached this Court under Article 226 of the Constitution of India for fixing 25 per cent marks as minimum qualifying marks for the U. P. Post Graduate Medical Entrance Examination. 2000.2. The laying down of qualifying marks for the U. P. Post Graduate Medical Entrance Examination has been the subject-matter of controversy even in previous years and is in litigation this year also. The recommendations made by the Medical Council of India and the directions issued by the Court have not yet been able to satisfy some of the candidates in respect of fixation of qualifying marks. The maintenance of high standards particularly in science and professional knowledge like medical profession, giving a chance to the most talented and meritorious students, and selecting the most meritorious candidates and maintaining efficiency in administration or some, ou...
Tag this Judgment!Court : Allahabad
Decided on : Feb-05-2001
Reported in : 2001(130)ELT415(All)
1. The petitioner has sought to quash the order dated 13-11-2000 (Annexure 26 to the writ petition) passed by respondent No. 2 Director General, Directorate General of Health Services (M.G. Section), Nirman Bhawan, New Delhi withdrawing customs duty exemption certificate and the notice dated 16-9-2000 (Annexure 27 to the writ petition) issued by the Commissioner of Customs, Air Cargo, New Custom House, New Delhi, respondent No. 3.2. The petitioner is a registered company. It has established a hospital in Kanpur. The Central Government issued Notification No. 64 of 1998 under Section 25 of the Customs Act granting exemption in customs duty on import of Hospital equipments and accessories on fulfilling certain terms and conditions. The petitioner applied for grant of such exemption. The petitioner was granted exemption on certain conditions being satisfied Respondent No. 2 issued a notice to the petitioner on 15-5-2000 that a team of officers of the Directorate is to inspect the hospital...
Tag this Judgment!Court : Allahabad
Decided on : Feb-05-2001
Reported in : (2001)1UPLBEC757
Yatindra Singh, J.1. No decision is approved for reporting (AFR) unless it decides an important question of law. However, this decision does not decide any question of law, much less an important question of law, it is merely an interim order. Then, why have I marked it AFR? Let me clarify, I have marked it AFR to emphasise :(i) Court management, and(ii) Good administration.2. Edison.-Yet to find suitable filament for incandescent bulb-was asked by his friends if he hadn't failed in his many attempts. 'No; he answered. 'I have found out what will not make good filament'. Well, the controversy involved in these cases and the course charted by it in this Court tells us about Court management and good administration-how these two may not be practised.THE FACTS3. The petitioners in these writ petitions were adhoc, or muster roll, or temporary, or work charge, or daily wage employees, of the Rajya Krishi Utpadan Mandi Parishad, Lucknow (the Parishad) or the Krishi Utpadan Mandi Samiti of di...
Tag this Judgment!Court : Allahabad
Decided on : May-03-2001
Reported in : 2001CriLJ4405; (2001)2UPLBEC1359
S. Harkauli, J.1. I have heard Sri T.P. Singh, senior advocate, who appeared for the petitioner before lunch and who desired that this case should be finally disposed of today Itself. After lunch Sri T.P. Singh did not appear and Sri P.K. Goswami advocate representing the petitioner stated that he would argue the case. I have heard him also at great length. The relevant facts appearing from the available record are as follows. 2. The petitioner was a teacher in the Government Girls Intermediate College, Phaphamau, district Allahabad. She was transferred by order dated 18.7.2000 to the Government Girls Higher Secondary School, Tharwai, district Pratapgarh. She filed a writ petition being Writ Petition No. 31852 of 2000 in which this Court passed the following interim order : 'As an interim measure, it is provided that in case the impugned order dated 18.7.2000 (Annexurc 3 to the petition) has not already been given effect to in accordance with law. the operation thereof shall remain sta...
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2001
Reported in : [2001(89)FLR684]; (2001)2UPLBEC1440
Sudhir Narain, J.1. The petitioner has sought writ of cerliorari quashing the order dated 29.3.2000 passed by the President of the Gandhi Eye Hospital Trust, Aligarh terminating the services of the petitioner.2. The question is whether this Court should entertain such petition against the action of the President of the Gandhi Eye Hospital Trust. Aligarh removing the petitioner from service.3. The petitioner was appointed as Chief Medical Officer on 15.5.1998 on probation for one year. This term could be extended for another year. His term was extended on 9.4.1999. The District Magistrate, Ex-Officio President of the Trust terminated his services fide order dated 29.3.2000 within the extended period of probation. The petitioner has challenged this order in this writ petition.4. The core question is whether the writ petition is maintainable against a society, which is running an Eye Hospital. Gandhi Eye Hospital Trust. Aligarh is registered under the provisions of the Societies Registrat...
Tag this Judgment!Court : Allahabad
Decided on : Sep-17-2001
Reported in : 2001(4)AWC3104
O.P. Garg, J. 1. Kunwar Pal Singh Rathi claiming himself to be a media person has brought, in public interest, the petition under Article 226 of the Constitution of India and has prayed for the following reliefs : '(i) issue a writ, order or direction in the nature of mandamus directing a thorough investigation in the 'Ambedkar Park' project through an independent investigating agency on the basis of the prima facie offences disclosed in thereport dated 17.5.1999 (Annexure-1 to this writ petition) of the Comptroller and Auditor General of India against the High-profile personalities of the State as per the procedure of investigation and submission of charge-sheet under the Court monitoring laid down by the Hon'ble Supreme Court in the case of Vineet Narain v. Union of India, (1998) 1 SCC 225, and in the case of Union of India v. S.K. Modi and Ors., (1974) 4 SCC 770. or In case the State police has proceeded with some investigation in the 'Ambedkar Park' project, then further investiga...
Tag this Judgment!Court : Allahabad
Decided on : Mar-02-2001
Reported in : 2001CriLJ2509; (2001)2UPLBEC1015
Sudhir Narain, J.1. This is one of the cases in contempt proceedings where a Judicial Officer is alleged to have been assaulted, humiliated and put to mental torture in the performance of his judicial function.2. The factual matrix of the case is that Sri N.K. Jain, the complainant, (hereinafter referred to as the officer) was functioning as Judge, Small Causes Court, Saharanpur at the relevant time. He had decided a case under Section 21 of the U.P. Urban Buildings Regulation Act registered as P.A. Case No. 33 of 1993, Nisar v. Anwar. Irfan is alleged to have filed an application for setting aside the said order. This application was rejected on 16.4.1993. It is further alleged that on 17th April, 1993 Sri Satendra Singh Tomar, the contemner, appeared before the officer with an application that the process for ejectment of the applicant in P.A. Case No. 33 of 1993 be recalled from the executing authority concerned. To put in the words of the complaint-officer on Saturdays regular work...
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