Allahabad Court May 1997 Judgments
Smt. Khairun Nisa and Others Vs. Iind Additional District Judge, Allah ...
Court: Allahabad
Decided on: May-30-1997
Reported in: AIR1997All355
ORDER1. These eight cases are writ petitions seeking a writ of certiorari impugning orders of the Estate Officer/Prescribed Authority under the U.P. Public Premises Eviction of Unauthorised Occupants Act, 1972 and, thereafter, the order in appeal of the First and Second Additional District Judge, Allahabad, challenging the orderof the Estate Officer holding the petitioners as unauthorised occupants and, in effect, their eviction from Bajaja Road Patri, west of the municipal market in Ihe city of Allahabad. The orders of the Estate Officer, dated 11-11-1976 in Writ Petition No. 5945 of 1978 and dated 23-3-1978 in the other connected writ petitions, and the orders in appeal, dated 24-1-1978 in the first writ petition and dated 2-9-1978 in connected writ petitions of the Second Additional District Judge, concerned, are common to the record and, thus, the matter was heard with common arguments on behalf of the petitioners replied on behalf of the respondents and the closing submissions on ...
Tag this Judgment!Nafees Ahmad and ors. Vs. Tehsildar/Magistrate and ors.
Court: Allahabad
Decided on: May-30-1997
Reported in: AIR1998All78
G.P. Mathur, J.1.This petition under Article 226 of the Constitution has been filed praying that a writ of certiorari be issued for quashing the citation dated 13-3-1997 issued by the Tehsildar directing the petitioner to pay Rs. 61,37,076/- and also a writ of mandamus be issued commanding the respondents to recalculate the amount liable to be repaid by the petitioners on the basis of simple interest at the rate of 13 per cent per annum.2. The case of the petitioners is that they formed a company which was registered under the Companies Act is Nafis Cold Storage Pvt. Limited and the U.P. Financial Corporation (for short UPFC) sanctioned a loan of Rs. 11 lacs in the year 1978 and further a loan of Rs. 4 lacs was sanctioned to the company in the year 1980. Due to certain problems, the financial condition of the company became precarious and it could not repay the entire amount of loan taken from the UPFC. A notice under Section 29 of the State Financial Corporation Act (hereinafter refer...
Tag this Judgment!Satyavir Vs. State of U.P.
Court: Allahabad
Decided on: May-30-1997
Reported in: 1998CriLJ124
ORDERJ.C. Gupta, J.1. This is an application for bail on behalf of accused-applicant Satyavir in case Crime No. 238 of 1996 under Sections 302, 307, 394 and 411, I.P.C., P. S. Baraut, District Meerut.2. The case of the prosecution, in brief, is that on 21-6-96 the applicant along with two others came to the house of the first informant to hire Maruti Van Day-6718 which was being plied as Taxi by the son of the first informant. First informant's son Aadesh Kumar, first informant and three accused persons left the house at about 8.30 in the morning and in the way three accused persons committed the murder of Aadesh Kumar. They also fired upon the first informant who any how escaped and ran away from the spot and informed the police, whereupon the police chased the Maruti Van and succeeded in apprehending one of the accused namely Sanjay with Maruti Van. His companions Om Pal and the present applicant Satyavir managed to escape. F.I.R. was lodged, case was investigated and the police subm...
Tag this Judgment!Rajendra Nath Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-30-1997
Reported in: 1998CriLJ639
B.M. Lal, J.1. This petition under Articles 226/227 of the Constitution is directed against the order dated 17th April, 1997 (Annexure 1) passed by the respondent No, 1 the State of U. P. through Secretary Appointment Department, Sachivalaya, Lucknow, whereby the services of petitioner who was a Judicial Officer functioning as a Magistrate, Ist Class in the State of U.P., have been terminated with immediate effect.2. The termination order is based on the following grounds :1. That the petitioner granted bail in Case Crime No. 59/93 State v. Phool Chand under Section 102/201, I.P.C. in exercise of powers purported to have been conferred by Section 437, Cr.P.C. whereas the offence was punishable with death or imprisonment for life.2. That the petitioner rejected the request for releasing an aara machine for want of licence and proof of its renewal whereas relevant papers were there on the record, in Case Crime No. 37/ 93, Forest Department v. Ganga Prasad.3. That the petitioner granted b...
Tag this Judgment!Smt. Ganpati Devi Vs. Iind Additional District Judge, Baharich and Ano ...
Court: Allahabad
Decided on: May-29-1997
Reported in: 1998(1)AWC105
Amarbir Singh Gill, J.1. The petitioner, who is a landlady of a shop at Bahraich. in this writ petition has challenged the order dated 11.10.1988 of Hnd Additional District Judge, Bahraich, accepting the revision against the decree passed by the Judge Small Causes Court in favour of the petitioner.2. The facts of the case are that Smt. Ganpati Devi petitioner purchased a shop from its erstwhile owner Hira Lal on 19.5.1977, which was already on rent with opposite party Gokul Prasad. It was alleged that the petitioner as well as Hira Lal aforesaid had informed the tenant of the transfer of the title of the shop in favour of the petitioner and that the tenant should attorn to petitioner as landlady and pay the rent to her. After repeated demand for the payment of the rent, the petitioner served the legal notice on 4.11.82 claiming arrears of rent witheffect from 19.5.77 to 19.11.82. However, the tenant did not accept the notice and refused acceptance, whereafter the land-lady filed a suit...
Tag this Judgment!Jagdish Prasad Vs. Xth Additional District Judge, Sitapur and Others
Court: Allahabad
Decided on: May-29-1997
Reported in: 1998(1)AWC103
Amarbir Singh Gill, J.1. The petitioner has challenged the order dated 31st October, 1985 of Xth Additional District Judge, Sitapur, whereby the appeal against the Judgment of the Prescribed Authority has been allowed.2. Brief facts of the case are that the petitioner Jagdish Prasad and one Akhtar Khan were inducted as tenants in two shops by its owner Raja Charan. The shops were situated in Tamsen Ganj, Sitapur. The shops were under mortgage with Smt. Kokila Devi and both the tenants including the petitioner, were paying rent to the said mortgagee. Mohammad Suleman on payment of mortgage amount to Smt. Kokila Devi, stepped into her shoes. Said Mohammad Suleman in his own rights, moved an application under Section 21 of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) for eviction of both these tenants on the ground of personal necessity. He' claimed that he has no other shop in this town and he is doing business of manufacturing a...
Tag this Judgment!Smt. Sarla Devi Vs. Ivth Addl. District and Session Judge, Faizabad an ...
Court: Allahabad
Decided on: May-29-1997
Reported in: 1998(1)AWC182
A.S. Gill, J.1. Petitioner challenges the order dated 3.7.1981 passed by the Rent Control and Eviction Officer, Faizabad and the order dated 19.7.1982 passed in revision by IVth Additional District Judge, Faizabad dismissing the application for release of the disputed house in her favour.2. Briefly stated the facts of the case are that House No. 4/4/60, Rath Haveli, Faizabad belongs to petitioner's husband, who lives in Calcutta. This house is double storeyed. Both the storeys were on rent. The ground floor was in the occupancy of one Raj Mani Trigunayat, who was allotted the accommodation by the Prescribed Authority. He was transferred to Allahabad and the premises became vacant. According to the petitioner, she came to live in that portion and during summer, she had gone to Sultanpur when at her back opposite party No. 3 Raj Mani on account of his influence got allotted the ground floor of the house in his favour and forcibly occupied the same. She filed an application before the Ren...
Tag this Judgment!Pramod Kumar Agarwal Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-29-1997
Reported in: 1998(1)AWC259
Amarbir Singh Gill, J.1. The petitioner has challenged order dated 29.9.1981 (Annexure 4) and seeks a writ in the nature of certiorari for quashing the same.2. The petitioner was appointed as Marketing Inspector in the Food and Civil Supplies Department on purely temporary capacity on 5.4.1973, vide his appointment letter, Annexure 1. In the year 1981, he was posted at Kichcha. He had proceeded on leave with effect from 29.7.81 and was still on leave when his services were terminated in terms of his appointment by an order dated 30.7.81, as he was not found fit for regularisation. The petitioner approached the Commissioner. Food and Civil Supplies by way of representation, who, vide his order dated 11.9.1981, cancelled the termination order and the petitioner was posted at Chook Lab, Haldwani. Subsequent thereto, the earlier order of cancellation of termination was set aside by the Commissioner and Secretary. Food and Civil Supplies, Government of U. P. and he was ordered to be appoint...
Tag this Judgment!Mohammad Nasem and Etc. Vs. Third Additional District Judge and ors.
Court: Allahabad
Decided on: May-29-1997
Reported in: AIR1998All125
ORDERAmarbir Singh Gill, J.1. This judgment shall dispose of both the writ petitions, as common question of law is involved. The short question which requires decision in these two writ petitions is the application of proviso to Section 17(1) of Provincial Small Cause Courts Act, 1887.2. In writ petition No. 2801 (R/C) of 1983 an ex parte decree dated 17-3-81 passed by the Judge small cause courts, Faizabad for ejectment of the petitioner as also for arrears of rent with costs and pendentelite and future damages on payment of requisite court fees is in dispute. The petitioner filed an application for setting aside the ex parte decree on 2-7-81 and also deposited the decretal amount. He, however, deposited costs etc. subsequently on 3-9-81. Objections to the tender were filed by the decree holder. The Judge Small Cause Courts vide judgment dated 22-9-82, copy of which is Annexure-5, relying upon proviso to Section 17 of the Act dismissed the application for setting aside the ex parte de...
Tag this Judgment!Dr. Deepak Kumar Singh and anr. Vs. Vice Chancellor of the Banaras Hin ...
Court: Allahabad
Decided on: May-29-1997
Reported in: AIR1998All145; (1997)3UPLBEC1942
ORDERSudhir Narain, J. 1. The core question in this petition is whether the reservation of 75 percent seats of post-graduate course to the students of M.B.B.S. of Institute of Medical Sciences, Benaras Hindu University, Varanasi, (in short' the institute') leaving 25 percent to the general candidates is valid in law and on facts.2. The concept of reservation implies classification of two distinct classes. The classification has been held to be valid provided it satisfied two tests namely, (i) that there is an intelligible differentia which distinguishes person's or things that are grouped together from those left out of the group; and (ii) that there is rational nexus to the object sought to be achieved by the impugned rules. The one group is of those candidates who had passed M.B.B.S. course from their own university and the other group is of those candidates who had passed M.B.B.S. examination from other Universities. The question is what object is sought to be achieved by making suc...
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