Allahabad Court September 1977 Judgments
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Smt. Asha Devi Jauhari Vs. Smt. Sharda Devi and ors.
Court: Allahabad
Decided on: Sep-02-1977
Reported in: (1978)ILLJ344All
N.D. Ojha, J.1. One Krishna Prasad Jauhari was an employee in the State Bank of Bikaner, He died leaving assets including some amount of gratuity payable by the said Bank, His widow Smt. Sharda Devi, opposite party No. 1, made an application for succession certificate in the Court of civil Judge, Bareilly. In this application amongst the assets of the deceased the amount of gratuity was also mentioned. A preliminary objection was raised on behalf of the applicant who is one of the daughters of the deceased asserting that she was the nominee in respect of the gratuity and that the dispute in regard to the gratuity could be decided only by the Controlling Authority under the Payment of Gratuity Act, 1972. In other words the assertion of the applicant was that the civil Court did not have the jurisdiction to go into the question as to whether the opposite party No. 1 was entitled to the amount of gratuity in her capacity of being the widow of the deceased or the applicant was entitled to ...
Brij Mohan Chaturvedi Vs. X Addl. Dist. Judge and ors.
Court: Allahabad
Decided on: Sep-01-1977
Reported in: AIR1978All36
ORDERM.P. Saxena, J.1. This writ petition is directed against the order dated 30-10-1974 passed by X the Additional District Judge, Allahabad.2. The opposite parties Nos. 2 to 5 are the owners and landlords of house No. 134 situate in Alopibagh in the city of Allahabad. One Sri Durga Prasad Tiwari was a tenant of this house. According to the landlords Sri Brij Mohan Chaturvedi, the petitioner, began to live with Sri Tiwari and when they enquired about it Sri Tiwari gave out that Sri Chaturvedi being his relation, was staying with as a guest and would vacate the house when suitable accommodation was available to him. This position went on for some time and the landlords received rent from Sri Tiwari up to 30-6-1972 and they issued receipts for the same. Thereafter Sri Tiwari vacated the house without information to the landlords and inducted Sri Chaturvedi as a sub-tenant illegally but in the eye of law the house will be deemed to have fallen vacant in the month of July 1972.The landlor...
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