This judgment dismisses a special appeal filed by the State of U.P. challenging a prior Writ Petition order. The court held that the present facts were covered by a previous decision in Ramji Das case, and thus, the appeal lacked merit.
Dismissed the special appeal of the State of U.P. as it lacked merit.
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Court No. - 4
Case :- SPECIAL APPEAL DEFECTIVE No. - 309 of 2000
Appellant :- State Of U.P.And Others Respondent :- Bajranj Singh Sengar Counsel for Appellant :- S.C. Counsel for Respondent :- Prem Chand
Civil Misc. Delay Condonation Application No. 3008 of 2000 Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
This is an application supported by an affidavit of one Smt. Vidya Prasad seeking condonation of delay in filing the appeal.
We have perused the delay condonation application as well as the affidavit filed in support thereof.
Cause shown is sufficient. The delay condonation application is allowed and the delay in filing the appeal is condoned.
Office is directed to allot regular number to this appeal.
Order Date :- 27.11.2019 HR
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Court No. - 4
Case :- SPECIAL APPEAL DEFECTIVE No. - 309 of 2000
Appellant :- State Of U.P.And Others Respondent :- Bajranj Singh Sengar Counsel for Appellant :- S.C. Counsel for Respondent :- Prem Chand
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
This special appeal has been filed by the State of U. P. through Secretary of Education, Govt. of U. P., Lucknow against the judgement and order dated 18.9.1998 passed by learned Single Judge in Civil Misc. Writ Petition No. 17122 of 1998; Bajrang Singh Sengar Versus State of U. P and others, which runs as under:
" Despite time granted on 21.5.98, no C. A. has been filed.
The facts of the case are covered by the decision of this Court in Ramji Das VS. State of U. P. 1997 (75) FIR 630. This petition is disposed of on the same terms and condition as in the aforesaid decision. Arrears shall be paid within three months."
Learned Standing Counsel advancing argument at great length has failed to demonstrate that the facts of this case are not covered by the facts of the judgement referred to in the impugned order.
Thus, this special appeal lacks merit and is accordingly dismissed.
Order Date :- 27.11.2019 HR
1 issue framed by the court
Whether the special appeal is maintainable in view of the lack of merit and previous decision governing the facts.
Colour shows how this judgement treated each authority
Ramji Das vs. State of U.P.Applied¶20
Ramji Das VS. State of U. P. 1997 (75) FIR 630
1 provisions across 1 enactments
State Of U.P. And Others
Bajranj Singh Sengar
Bala Krishna Narayana
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
