Allahabad Court September 1997 Judgments
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Smt. Jamila Khatoon Vs. Ram Niwas Gupta
Court: Allahabad
Decided on: Sep-09-1997
Reported in: 1998(2)AWC852
R. N. Ray, J.1. Plaintiff-respondent filed suit which was numbered as Suit No. 123/78 in the Court of Civil Judge, Saharanpur. The suit was for specific performance of an agreement to sell the disputed land and that was decreed on 6.8.1980.2. In brief, the case of the plaintiff-respondent was that the defendant-appellant agreed to sell the property in dispute for a consideration of Rs. 31,350 under the agreement dated 10.1.75. The agreement was duly registered and the amount of Rs. 5,000 was alleged to have been paid as part of the sale consideration. It was agreed between them that the defendant would obtain permission to sell at her own expense from the competent authority within six months and after obtaining the same she would give written notice to the plaintiff fixing five months time to get the deed executed. The plaintiff has always been in possession of funds to pay the balance of sale consideration and bear the expenses of getting the same deed executed and registered and pla...
Bishambhar Nath Agrawal Vs. Kishan Chand and ors.
Court: Allahabad
Decided on: Sep-09-1997
Reported in: AIR1998All195
B.K. Sharma, J. 1. Heard counsel for the parties. 2. This is an appeal against the judgment anddecree dated 15-4-1983 passed by Sri C.P. Singh, IVth Additional District Judge, Agra in Original Suit No. 439of 1975, Kishan Chand v. Bishambhar Nath Agrawal, whereby he had decreed the suit for specific performance of contract and directed the defendant No. 1-appellant Bishambhar Nath Agrawal to execute sale-deed within a period of 3 months on getting the amount of sale consideration and rent up to 31-10-1975. He was also directed to obtain requisite permission from the District Magistrate, if necessary. It was further directed that in case Bishambhar Nath Agrawal would not comply with the decree within the period aforesaid the plaintiffs-respondents would be free to get sale-deed executed through court at the cost of Bishambhar Nath Agrawal. It was declared by the decree that after 31-10-1975, the plaintiffs-respondents 1-4 and defendants Nos. 2 to 6 (present respondents Nos. 5 to 9) were ...
L.P. Naithani Vs. Allahabad Telephones
Court: Allahabad
Decided on: Sep-09-1997
Reported in: AIR1998All191
Ravi s. Dbavan, J. 1. All these writ petitions complain of arbitrary and excessive billing of local call charges by the telephone department, i.e., the Union of India. One thing is clear that the matter relating to the complaints of the consumers have to be dealt by the Department itself as it must be seen to be responding to genuine complaints of those telephone subscribers who have a valid grievance. It was with this aspect in mind that the Court had given directions to the Union of India that the record of the petitioners relating to the recording of local calls must be placed before the Court. The Court regrets to place on record that despite several orders, the Union of Indiaevaded bringing the original record at the Bar of the Court despite the fact that a writ of certiorari has been issued. The Union of India took a consistent stand that the original record are either not available or have been weeded out. What was placed before the Court is a despatch record of bills which were...
Bar Council of Uttar Pradesh Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Sep-09-1997
Reported in: (1997)3UPLBEC1551
R.R.K. Trivedi and M. Katju, JJ.1. This petition has been filed for a direction in the nature of mandamus to the respondent to issue at the earliest a notification contemplated by Sub-section (3) of Section 1 of the Advocates Act, 1961 for bringing into force the provisions of Section 30 of the said Act.2. Before the Apex Court a similar mandamus was claimed in the case of Aeltemesh Rein v. Union of India and Ors., AIR 1988 SC 1768 The Hon'ble Supreme Court issued a writ in the nature of mandamus to the Central Government to consider within a period of six months whether Section 30 of the Act should be brought into force or not. It would be appropriate to reproduce paragraph 6 of the judgment which reads as under:'The effect of the above observations of the Constitution Bench is that it is not open to this Court to issue a writ in the nature of mandamus to the Central Government to bring a statute or a statutory provision into force when according to the said statute the date on which ...
Nagar Prasad and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-09-1997
Reported in: 1998CriLJ1580
ORDERN.S. Gupta, J.1. Accused appellant Nagar Prasad was convicted under Section 352, IPC and was sentenced to undergo R.I. for a period of three months and accused appellant Bhagirath was convicted under Section 352, IPC read with Section 34, IPC as well as under Section 304(1) IPC and was sentenced to undergo R.I. for a period of two months under the first count and for a period of ten years R.I. under the second count, namely, under Section 304(1), IPC by Sri M. G. Godbole, the then District and Sessions Judge, Kanpur vide judgment and order dated 28-7-1983. Feeling aggrieved by the said order of conviction and sentence, the accused appellants have come up in appeal before this Court.2. The prosecution story, briefly stated, is as follows :The complainant Baleswar Tiwari was working as Chief Train Examiner of N.E.R. Railways, Anwarganj Kanpur while accused appellants Nagar Prasad and Bhagirathi were working as Khalasi under Sri Baleshwar Tiwari. Doodh Nath, brother of the accused ap...
Smt. Radha Devi Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Sep-09-1997
Reported in: (1998)150CTR(All)55
ORDERBY THE COURT:At the instance of the assessee, the Tribunal referred the following question relating to the asst. yr. 1973-74 for the opinion of this Court :'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the system of accounting was mercantile and when the assessee's consistent case was that in respect of the loan advanced to Mls Durga Glass Works the assessee had adopted the cash systemT'The facts, as found by the Tribunal, are that the assessee showed dividend income of Rs. 1,000 by estimate, but she did not show any income by way of interest. The ITO noticed that the assessee had advanced Rs. 4,00,000 to a firm, M/s Durga Glass Works. The interest that accrued on the aforesaid loan, was not shown by the assessee, though she followed mercantile system of accounting. For the asst. yrs. 1969-70 and 1970-71, the ITO noticed that the interest income from the aforesaid firm was estimated and included in the total income of the assessee...
Satya Ram Singh Vs. District Magistrate, Kanpur Dehat
Court: Allahabad
Decided on: Sep-08-1997
Reported in: 1998(1)AWC252
O.P. Garg, J.1. By this writ petition under Article 226 of the Constitution of India, it is prayed that the order dated 27.1.1994. Annexure 7, passed by the respondent, removing the petitioner from service, be quashed and direction be issued to the respondent to reinstate him in service along with all consequential benefits.2. Counter and rejoinder-affidavits have been exchanged. Heard learned counsel for the petitioner as well as learned standing counsel.3. The facts of this case He in a narrow compass. The petitioner was admittedly appointed as a Driver in the Revenue Department of Kanpur Dehat in the year 1991. At the relevant point of time, he was posted on the staff car of the District Magistrate. Kanpur Dehat. On 9.12.1993, an ugly incident took place. There was a conference of the Government Officers, which was organised at Meghdoot Hotel. Kanpur on 9.12.1993. The petitioner had taken the District Magistrate, Kanpur Dehat in the staff car to Hotel Meghdoot. It is alleged that th...
Smt. Vimla Devi Pathak Vs. Deputy Director of Education, Agra and Othe ...
Court: Allahabad
Decided on: Sep-08-1997
Reported in: 1998(1)AWC262
S.P. Srivastava, J.1. The Shasni Vidyapith Inter College, Aligarh now situated in District Mahamayanagar is an educational institution which stands recognised under the provisions of the U. P. Intermediate Education Act and the regulations framed thereunder. It has also been brought within the purview of the provisions of the U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U. P. Act No. 24 of 1971).2. The petitioner who claims to be the life member of the general body of the Society running and managing the institution has approached this Court feeling aggrieved by an order passed by the Deputy Director of Education (Secondary) whereunder while keeping a reference under Section 16A (7) of the U. P. High School and Intermediate Education Act before him, the interim order dated 13.5.1997 granted therein was put in abeyance fixing a date for the final disposal of the reference.3. The petitioner has prayed for the quashing of the...
Smt. Guru Bachan Kaur Vs. Preetam Singh
Court: Allahabad
Decided on: Sep-08-1997
Reported in: 1998(1)AWC275
R. K. Mahajan, J. 1. This is an appeal arising under Section 28 of the Family Courts Act filed by the wife-appellant attacking the judgment and decree of Sri Surendra Pratap Mishra, Family Court Judge. Allahabad, dated 10.3.1997 in Case No. 293 of 1991 by virtue of which the divorce was granted to the respondent (wife) on the ground of marriage has been broken down and as there is no hope of revival as 14 years have passed and both husband and wife have deserted each other.2. The brief facts which are called out from the appeal as well as written statement and from the record are as follows :'The parties are Sikh by faith. The petitioner-respondent is working as an auditor in the Office of the Accountant General, Uttar Pradesh, Allahabad and now is aged about 51 years. The marriage of the petitioner-respondent was solemnized with the respondent-appellant on 31.5.1982 at Varanasi. The appellant-wife is an educated lady. She has done her B.Sc.. B.Ed., M.A. and P.L. and she is employed as...
Smt. Nand Kumari Devi Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-08-1997
Reported in: 1998(1)AWC350
D. P. Mohapatra, C.J. and S. R. Singh, J.1. This petition has been filed for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 12.3.1997 of Divisional Forest Officer /Divisional Director, Social Forestry Division, Allahabad and for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to issue a license of Saw Mill In favour of the petitioner, By order impugned in the writ petition, the petitioner has been directed to close down her unlicensed Saw Mill forthwith. The order purports to have been issued in compliance of the direction issued by the Hon'ble Supreme Court vide judgment and order dated 4.3.1997 rendered in Writ Petition (C) No. 202 of 1995, T. N. Godavarman Thirumulkpad v. Union of India and others, which is reported in JT 1997 (3) SC 338.2. We have heard Sri S. D. Kautilya, learned counsel for the petitioner and learned standing counsel for the opposite parties.3. Thrust of the argument of learn...
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