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Allahabad Court February 1997 Judgments

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Feb 06 1997

Kailash Nath Gupta (Deceased by L.R.) Vs. District Judge, Ballia and O ...

Court: Allahabad

Decided on: Feb-06-1997

Reported in: AIR1997All309

ORDERIn a suit for specific performance by way of amendment statement as is required under S. 16(c) of the Specific Relief Act and specified in-form No. 47 Apendix A to the Code of Civil Procedure was sought to be incorporated. The amendment having been allowed by an order dated 15th October, 1979 by the 1st Additional Munsif, Ballia in suit No. 252 of 1977, Civil Revision No. 151 of 1979 and 152 of 1979 were preferred by two groups of defendants. By an order dated 5th May, 1980 the learned District Judge, Ballia dismissed both the revisions affirming in the order of the learned Munsif. It is this order which is impugned in the present writ petition. In which an ad interim stay of further proceedings was granted.2. The plaintiff opposite party filed an application for vacating the interim order dated 29th September, 1980 passed in this case on 9th January, 1981 but the same could not be taken up for hearing so long for some reason or the other. While deciding the said application which...


Feb 06 1997

State of U.P. Vs. Labour Court and anr.

Court: Allahabad

Decided on: Feb-06-1997

Reported in: (1997)1UPLBEC358

M. Katju, J.1. This writ petition has been filed against the impugned award dated 28-2-1995 and the recovery certificate dated 13-8-1996.2. Heard learned Standing Counsel for the petitioner. It appears that the respondent No. 2 was an employee of the petitioner and his service was terminated on 1-7-1990. He raised an industrial dispute which was referred to Labour Court, Varanasi, which has passed the impugned award dated 28-2-7995.3. The version of the respondent No. 2 was that he was an employee from 1-6-1984 to 1-7-1990 continuously but thereafter his service was terminated without giving retrenchment compensation and notice pay.4. It appears that on behalf of the petitioner one Sri R. K. Srivastava appeared on some dates before the Labour Court but subsequently he stopped appearing, hence the ex parts award was passed against the petitioner.5. A restoration application was filed but that has been rejected by the order dated 11-4-1996. A perusal of the order dated 11-4-1996 shows th...


Feb 06 1997

Committee of Management, Mubarakpur Inter College and anr. Vs. Regiona ...

Court: Allahabad

Decided on: Feb-06-1997

Reported in: (1997)1UPLBEC412

S.P. Srivastava, J.1. Heard the learned counsel for the petitioners and the learned Counsel representing the caveator respondents who has put in appearance representing the respondent No. 3 and the learned Counsel representing the respondent No. 5.2. Perused the record.3. The petitioners feel aggrieved by an order dated 11-7-1996, passed by the Regional Deputy Director of Education disposing of the representations directed against the order of the District Inspector of Schools dated 10-7-1995 upholding the order passed by the District Inspector of Schools granting recognition to the committee of management with Parvez Ahmad as its Manager for the administrative purposes.4. The aforesaid representations had been disposed of by the respondent authority in accordance with the directions issued by this Court in its order dated 6-9-1995, passed in Civil Misc., Writ Petition No. 20674 of 1995 as affirmed by the appellate order dated 20-10-1995, passed in special appeal No. 819 of 1995 acting...


Feb 06 1997

U.P. State Agro Industrial Corpn. Ltd. Vs. Union of India (Uoi) and or ...

Court: Allahabad

Decided on: Feb-06-1997

Reported in: 1997(70)LC744(Allahabad)

S.N. Tiwari, J.1. Heard.2. With the consent of the parties counsel, this writ petition is disposed of with the observation that having regard to the Balance sheet of the petitioner, the petitioner should furnish Bank Guarantee of Rs. 25 lacs in lieu of the condition of pre-deposit of Rs. 25 lacs, in the impugned order, before the authority concerned and the order of the Tribunal is modified accordingly.3. Parties' counsel also agree that the Tribunal concerned should be directed to decide the appeal within three months as far as possible from the date of production of a certified copy of this order. I direct accordingly....


Feb 05 1997

Ram Sewak and anr. Vs. State of U.P. and anr.

Court: Allahabad

Decided on: Feb-05-1997

Reported in: 1997ACJ1155; (1998)ILLJ113All

R.K. Mahajan, J.1. The above two appeals have been directed against the judgment (award) dated September 6, 1983 passed by Sri H.C. Mittal, District Judge, Claims Tribunal, Jhansi in Claim Petition No. 6 of 1979. First Appeal from Order , No. 866 of 1983 has been filed by the claimant seeking the relief for decreeing the claim in tow against the respondents while First Appeal from Order No. 916 of 1983 was filed by the State of U. P. and another praying that the decree passed by the Court below be set aside and the claim petition be dismissed with costs.2. Since both the appeals have arisen out of the same order, the same would be disposed of together by a common order. First Appeal from Order No. 866 of 1983 is a leading case.3. The Motor Accident Claims Tribunal, Jhansi by virtue of the impugned order, has, granted compensation of Rs. 20,000/- to the claimants, who are father and mother of unfortunate deceased boy aged about 14 years, namely Udai Singh alias Udal Singh. A rider was a...


Feb 04 1997

Basudeo and Another Vs. the Ivth Additional District Judge, Jhansi and ...

Court: Allahabad

Decided on: Feb-04-1997

Reported in: AIR1997All288

ORDER1. In the connected second appeal No. 45 of 1994. originally order of stay was granted. But subsequently the same was not extended. Ultimately at the moment no stay order is operating in support of the said second appeal. The execution arising out of the decree which was subject matter of second appeal was soughl to be proceeded with by the decree-holder. The judgment-debtor had filed an objection in the said execution proceeding which was rejected by the executing court by order da ted 3-4-1995. A revision was then preferred, being Civil Revision No. S4 of 1995. The said revision also stood rejected by order dated 29-7-1995. Againsl Ihe said order the present writ petition No. 21763 of 1995 has been preferred. In the present writ petilion an interim order was obtained on 11-8-1995 to theextent that until further orders the petitioners shall not be evicted from the accommodation in dispute. The said interim order has been soughl to be affected by means of present application dated...


Feb 04 1997

Banwari Lal Agarwal Vs. Union of India (Uoi) and anr.

Court: Allahabad

Decided on: Feb-04-1997

Reported in: [1999]238ITR464(All)

N.S. Gupta, J.1. Sri Banwari Lal Agarwal, proprietor, Saraswati Pipe Company, Kanpur, the petitioner above named has filed the aforesaid four petitions for quashing the Criminal Complaints Nos. 99 of 1988, 94 of 1988, 97 of 1988 and 98 of 1988, filed by the Union of India through Sri V.B. Mishra, Income-tax Officer, Circle 1(5), Kanpur, for his criminal prosecution under Section 276C of the Income-tax Act, 1961.2. The admitted facts of the cases are that the petitioner was carrying on business in the purchase and sale of steel tubes and fittings at Kanpur. On May 21, 1980, a search was conducted by the income-tax officials at the business and residential premises of the petitioner. During the said search it was found that the petitioner had omitted to record certain transactions in his account books. The petitioner claimed that with a view to purchase peace and to avoid protracted litigation with the Department he was advised to settle the dispute with the then Income-tax Commissioner,...


Feb 04 1997

State of U.P. Vs. Dalbir Singh

Court: Allahabad

Decided on: Feb-04-1997

Reported in: 1997CriLJ3186

R.K. Singh, J1. This appeal has been preferred by the State of U.P. under Section 378(3) Cr.P.C. against the judgment and order dated 26-4-1988 passed by the Additional Chief Judicial Magistrate, Aligarh in Criminal Case No. 797 of 1985 acquitting the respondent Dalvir Singh.2. Respondent Dal vir Singh has been charged under Section 409, IPC on the allegation that on 21-2-1983 Thana Malkhana, P.S. Tappal, District Aligarh was inspected and one item of SBBL gun No. 47229 licence No. 7438 along With two cartridges and 12 empty cartridges were found missing which was under the trust of the accused Dalvir Singh.3. The accused pleaded not guilty to the charge and claimed to be tried. In this statement under Section 313, Cr. P.C. he denied the allegation and alleged that the Station Officer has shifted his lability on the head of this accused.4. The accused is admittedly a constable who was posted at the relevant time in the year 1982-83 at the police station Tappal, District Aligarh and he ...


Feb 03 1997

Krishi Utpadan Mandi Samiti Vs. Industrial Tribunal (ii) and ors.

Court: Allahabad

Decided on: Feb-03-1997

Reported in: (1998)ILLJ1101All

R.R.K. Trivedi, J. 1. Facts giving rise to this writ petition are that respondent No. 2 was appointed as a Peon in Krishi Utpadan Mandi Samiti, Anand Nagar, Gorakhpur, here-in-after referred to as 'Mandi Samiti' on February 1, 1972. He continued to work in this capacity for some time. However with effect from October 1, 1973 he was appointed as Kamgar. On February 21, 1976, however, his services were terminated, aggrieved by which he raised an industrial dispute. State of Uttar Pradesh by order dated November 13, 1982, referred the dispute under Section 4-K of the U.P. Industrial Disputes Act, 1947, hereinafter referred to as Act, to the Labour Court, Gorakhpur. However, subsequently this dispute was transferred to the Industrial Tribunal (II) U.P. at Lucknow vide Government Order dated February 16, 1985 where the dispute was registered as Adjudication Case No. 13 of 1985. Both parties appeared before the Tribunal and filed their written statements and adduced oral and documentary evid...


Feb 03 1997

Noor Ali and Others Vs. Additional District Magistrate (Executive), Va ...

Court: Allahabad

Decided on: Feb-03-1997

Reported in: AIR1997All347

ORDERR.K. Mahajan, J.Sri Vinoba Bhave, the known non-violent revolutionary saint started acampaign fordonation of land from rich landlords for distribution to the landless agricultural labourers. K is popularly known as 'Bhoodan Yagna'. He travelled various pans of India to pursuade the landlords who had surplus land so that it could be distributed to the landless agricultural labourers. It was in fact parting of land by persuasion on the part of the landlords to the Bhoodan movement. It was also to counteract the violent movement of land reforms i.e. nexatism and he believed in non-violent movement asa true disciple of Mahatarna Gandhi. His appeal to donate the land succeeded to a major extent and land donated under Bhoodan Yagna scheme was invested in committees constituted under the Bhoodan Yagna Act to distribute the land or authorities constituted for that purpose and the various States passed enactments. U.P. Bhoodan Yagna Act, 1952, was also enacted.2. The question in this case ...


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