Allahabad Court July 1980 Judgments
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The State of U.P. and anr. Vs. Singhal and Co.
Court: Allahabad
Decided on: Jul-04-1980
Reported in: AIR1981All362
S.D. Agarwala, J.1. This is a second appeal filed by the State of U.P. arising out of a suit filed by the plaintiff-respondent M/s. Singhal & Company for recovery of Rs. 4757.45P.2. Briefly, the facts are that the plaintiff-respondent entered into a contract with the State of U. P. through the Executive Engineer P.W.D. Temporary Division, Allahabad for supply and fixing steel windows and north light windows as provided under the contract. There was certain delay in executing the contract. The case of the plaintiff-respondent was that the delay was caused not due to the fault of the plaintiff-respondent but because of the appellant State of U. P. The State of U. P. did not pay the full price of the contract, also deducted the security from the plaintiff-respondent and levied penalty on the plaintiff-respondent. The plaintiff-respondent, therefore, filed a suit for recovery of the amount of the price, deduction of security, refund of penalty and interest thereon. The appellants contested...
Dr. Sahai's Laboratory Pvt. Ltd. and Ors. Vs. State of U.P. and Ors.
Court: Allahabad
Decided on: Jul-03-1980
Reported in: AIR1980All364
ORDER1. These two writ petitions raise common questions and are being decided together. Homoeopathic dilutions and tinctures were seized from the possession of the petitioners of these two writ petitions. This seizure has been challenged on the ground that the respondents had no authority under law to make the said seizure. Some questions which were raised in these two writ petitions were also raised in Vir Narain Tyagi v. State of U.P. (AIR 1978 All 490). In view of the decision of Vir Narain's case (supra), the learned counsel for the petitioners has not pressed those points and in our opinion rightly. Those points stand decided by the said case.2. What has been urged by the learned counsel for the petitioners is that there was no provision entitling the respondents to seize the Homoeopathic dilutions and tinctures from the possession of the petitioners. For the respondents it has been urged that the Homoeopathic dilutions and tinctures fell within the definition of the term 'spiritu...
Ganesh Prasad Vs. Badri Prasad Bholanath and ors.
Court: Allahabad
Decided on: Jul-03-1980
Reported in: AIR1980All361
K.M. Dayal, J. 1. The present second appeal arises out of the suit for ejectment. The plaintiff Gaya prasad filed the present suit with the allegations that he was a partner of the Firm M/s. Badri Prasad Bholanath defendant No. 1. The others were arrayed as defendants Nos. 2 to 7. The business was being carried on in premises No. 3 Baluwa Ghat, Allahabad. The plaintiff had given the disputed premises on licence to the partnership of which he himself was a member and the licence was revoked by registered notice dated 18-4-1970. The defendants, however, were occupying the disputed property illegally and were liable to be ejected.2. One written statement was filed by the defendants Nos. 1, 2 and 3. It was mentioned in para 12 of the written statement that Dwarika Prasad father of defendant No. 3 was the tenant of the disputed property and the business was being carried on by the plaintiff as a partner with the consent of Dwarika Prasad and defendant No. 3. It was alleged that the suit was...
Baboo Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-02-1980
Reported in: AIR1980All324
K.C. Agarwal, J. 1. These two appeals and 48 more are directed against the judgments of the Second Additional District Judge, Kanpur, dated August 21, 1978, made in connected References under Section 18 of the Land Acquisition Act.The two appeals, which are being decided by this judgment, are First Appeal No. 429 of 1978, Babu Ram and Ors. v. State of U.P. arising out of Land Acquisition Case No. 76 of 1970 and First Appeal No. 438 of 1978, State of U.P. v. Babu Ram and Ors, arising out of the said land acquisition case. We propose to deal with these two appeals together and the judgment delivered in these appeals would be read as judgment in all the other remaining appeals.2. The land in dispute was situated in village Beri Akbarpur Bangar, Pargana and Tehsil Kanpur. A preliminary notification under Section 4 of the Land Acquisition Act was issued on February 22, 1957 for acquiring 381 acres of land consisting of 364.17 acres of agricultural holding and 16.83 acres of non-agricultural...
Sudhir Sharma Vs. S.T.A. (T) and ors.
Court: Allahabad
Decided on: Jul-02-1980
Reported in: AIR1980All352
K.N. Singh, J. 1. The petitioner holds a permanent stage carriage permit for plying his vehicle on Moradabad-Kashipur-Ramnagar route. He has challenged the order of the State Transport Authority, dated May 2, 1978, granting stage carriage permits to respondentsNos. 4 to 20 on the said route and also the order of the State Transport Appellate Tribunal, dated April 16, 1979 dismissing the petitioner's revision and upholding the order of the State Transport Authority granting permits to the respondents.2. The State Transport Undertaking of Uttar Pradesh issued a notification on 22-2-1968 proposing a scheme under Section 68-C of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, for the exclusive operation of its vehicles on the routes (1) Moradabad-Kashipur-Ramnagar via Thakurdwara. (2) Moradabad-Dilari via Kashipur and Doraha, (3) Moradabad-Tanda-Darhyal-Kashipur and (4) Moradabad-Tanda Darhyal-Kashipur-Ramnagar. By another notification published under Section 68-C proposi...
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