Allahabad Court October 1998 Judgments
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Abhay Raj Singh Vs. Upper Ziladhikari (Prashashan), Sultanpur and Othe ...
Court: Allahabad
Decided on: Oct-15-1998
Reported in: 1999(2)AWC938
R.H. Zaidi, J.1. Heard learnedcounsel for the petitioner and Mr. R. PJ. Gupta, who has' appeared for respondent No. 3.2. Present petition arises out of proceedings under Section 122B of the U.P.Z.A. and L.R. Act. (for short the 'Act'), and is directed against the orders passed by respondent Nos. 1 and 2.3. It appears that proceedings under Section 122B of the Act were initiated against the petitioner by issuance of notice on the prescribed form No. 49A. On receipt of the notice, petitioner filed objection, claiming that the land in dispute was allotted in his favour by the land management committee of Gaon Sabha. He was, therefore, not rank trespasser and cannot be said to be unauthorised occupant of the GaonSabha property. The proceedings, were therefore, according to, him, liable to be dropped.4. Parties have produced evidence, oral and documentary in support of their cases.5. Respondent No. 2 after going through the evidence on record, came to the conclusion that the land in dispute...
Sir Shadi Lal Enterprises Ltd. Vs. Co-operative Co. Ltd., Saharanpur
Court: Allahabad
Decided on: Oct-15-1998
Reported in: 1998(4)AWC111; [2001]103CompCas863(All)
A.K. Banerji, J.1. By means of this petition filed under Section 433(e) and (f) of the Companies Act, 1956 (hereinafter referred to as the Act), the petitioner Sir Shadi Lal Enterprises Limited (petitioner in short) has sought the winding-up of the respondent company namely, The Co-operative Company Limited, having its registered office at Nawabganj, Saharanpur. U. P. on the ground that the said company is indebted to the petitioner and has not been able to pay its dues despite receipt of the statutory notice, hence is liable to be wound-up by this Court.2. The petitioner's case, as set out in the petition, in brief, is that the petitioner entered into an agreement for the sale of Rectified Spirit which the petitioner supplied to the respondent-company against allotment orders of the Excise Commissioner, U. P., Allahabad, obtained by the respondent-company. As per the agreement, the supplies were made by the petitioner for the year 1993-94 which were received and consumed by the respon...
Smt. Rekha Sharma Vs. Committee of Management, Sarvodaya Kanya Inter C ...
Court: Allahabad
Decided on: Oct-15-1998
Reported in: (1999)1UPLBEC121
D.P. Mohapatra, C.J. and R.R.K. Trivedi, J.1. Heard Sri K.P. Shukla, learned Counsel for the appellant, Sri V.K. Shukla learned Counsel for respondents No. 1 and 2 and Sri Sabhajeet Yadav, learned Standing Counsel for the respondents No. 3 and 4.2. The stay order passed by the learned Single Judge on 14.9.1998 in Civil Misc. Writ Petition No. 29575 of 1998 is under challenge in this appeal filed by respondent No. 3 of the writ petition. In the writ petition filed by respondents Nos. 1 and No. 2 herein, the order of the District Inspector of Schools, Muzaffarnagar, dated 8.7.1998, disapproving the order of the Committee of Management suspending the appellant was challenged. The said order was passed after sixty days the suspension order. By the impugned order passed on 14.9.1998 operation of the order dated 6.7.1998 has been stayed. The consequential position that emerges from the order is that the order of suspension, which had become ineffective by afflux of time (60 days), is sought ...
Kamta Prasad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-14-1998
Reported in: 1999(1)AWC521; [1999(81)FLR394]
D.K. Seth, J.1. The order dated 31.7.1990 contained in Annexure-7 to the writ petition, has since been challenged in this writ petition.2. Mr. P. N. Saxena, learned counsel for the petitioner, had assailed the said order on the ground that the alleged charges in respect whereof the petitioner was subjected to disciplinary proceedings, were based on the complaint of the disciplinary authority being Mr. S. N. Srivastava. Sub-Divisional Officer, Bindaki, therefore, he having been the complainant, he could not have passed the order as disciplinary authority on the principle that both the complainant and the disciplinary authority had combined in one. He secondly contends that in the enquiry report dated 29.6.1990 the petitioner was found not guilty in respect of charge Nos, 1, 2 and 4. The petitioner was found guilty only of charge No. 3. According to the learned counsel, said charge No. 3 was not grave enough so as to warrant an order of removal from service. He also contended that none o...
Mohammad Nasir Vs. District Judge, Nainital and Others
Court: Allahabad
Decided on: Oct-14-1998
Reported in: 1999(1)AWC550
J.C. Gupta, J.1. This is tenants petition for issuing a writ of certiorari to quash the order dated 1.10.1996 passed by the Judge, Small Cause Court, respondent No. 2 and the order dated 25.5.1998 passed by respondent No. 1 dismissing thepetitioner's revision filed against the decree of the trial court.2. The dispute is in relation to a shop situate in Mohalla Ganj. Kashipur, district Udham Sing Nagar (Nainital). The respondent No. 3, landlord filed suil for recovery of rent and ejectment against the petitioner alleging that the shop in question was not governed by the provisions of U. P. Act No. XIII of 1972, hereinafter referred to as the Act and the petitioner has been tenant of the said shop on monthly rent of Rs. 500 per month. The rent from 1,6.1994 to 31.10.1994 was not paid despite several requests. The tenancy of the defendant was terminated by a notice served upon him under Section 106 of the Transfer of Property Act on 10.10.1994 and when the notice was not complied with, th...
Punjab National Bank Vs. Rishabh JaIn and Others
Court: Allahabad
Decided on: Oct-14-1998
Reported in: 1998(3)AWC2237
G.P. Mathur, J.1. This revision under Section 115, C.P.C. has been filed against the judgment and order dated 3.11.1992 of IXth Addi. District Judge. Gorakhpur in Original Suit No. 338 of 1988.2. The applicant--Punjab National Bank filed a suit for recovery of Rs. 7,65,533 against defendant Nos. 1 to 5 for advances made to M/s. Vishnu Carbon (India) a partnership firm. At the time of advance of loan, defendant Nos. 4 and 5 and Smt. Janak Dulari, mother of respondent No. 4 had stood as guarantor. The guarantee deed was executed on 15.10.1982. The defendantNos. 4 and 5 moved an application that as co-guarantor Smt. Janak Dulari had expired, the deed of guarantee executed by them was not enforceable. This application was allowed by the learned Addl. District Judge and it was directed that the names of defendant Nos. 4 and 5 be deleted from the array of parties. It is this order which is subject-matter of challenge in the present revision.3. I have heard learned counsel Sri K. L. Grover fo...
Som Nath Vaishya Vs. Viith Addl. District Judge, Allahabad and Others
Court: Allahabad
Decided on: Oct-14-1998
Reported in: 1998(3)AWC2234
J.C. Gupta, J. 1. This is landlord's petition arising out of the decision of the respondent No. 1 dated 27.9.1997 whereby the appeal filed by the petitioner has been dismissed and the one preferred by respondent No. 4 has been allowed.2. The dispute is in relation to the rate of rent of a building situated at 16 C. Y. Chintamanl Road. George Town, Allahabad which is admittedly in the occupation of respondent No. 4 as tenant on behalf of the petitioner, at the rate of Rs. 1,250 per month. The petitioner filed an application under Section 21 (8) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), for the enhancement of rent alleging therein that the market value of the tenanted property is not less than sixty lakhs and accordingly, he is entitled to get rent at the rate of Rs. 50,000 per month. The accommodation in dispute consists of a double storey building with land. The same was got assessed by Sri G. S. Birdie, a Chartered Engineer and Consulting Civil Engineer, w...
Smt. Ram Devi Vs. Viiith Additional District Judge, Kanpur and Others
Court: Allahabad
Decided on: Oct-13-1998
Reported in: 1999(1)AWC424
J.C. Gupta, J.1. This landlady's petition,2. The dispute relates to a portion of residential house No. 118/500. Kaushalpuri, Kanpur which is in occupation of respondent No. 3 as tenant on behalf of the petitioner-landlady. The landlady moved an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), against respondent No. 3 for releasing the said accommodation in her favour on the ground that she was in dire need of additional accommodation because the accommodation already in her occupation was not sufficient to cater the need of her family members which consisted of herself, three marriedsons their wives and grandchildren, it was further alleged that her mother-in-law Smt. Ram Dulari was also living with her. The landlady has in her occupation only two rooms measuring 8' x 8 a 'Kothari' measuring 6' x 3' and a verandah, whereas the family of the tenant consisted of himself, his wife and two children. Therefore, the landlady would su...
Udai Prakash Vs. D.D.C., Bahraich and Others
Court: Allahabad
Decided on: Oct-13-1998
Reported in: 1999(2)AWC936
R.H. Zaidi, J.1. Heard learned counsel for the parties and also perused the record.2. By means of this petition, petitioner challenges the validity of the order dated 27.2.98 whereby revisions filed by the contestingrespondent Nos. 2 to 6 were allowed, and the chaks of the parties were modified, according to the comparative table attached to it.3. It appears that allotment of two chaks to the petitioner was proposed by the Assistant Consolidation Officer. Objections were filed against the said proposal : but his chak was not altered by the Consolidation Officer, Settlement Officer Consolidation on appeal filed against the order of Consolidation Officer also did not interfere in the matter and dismissed the appeal filed by the contesting respondents. They, thereafter, filed the revisions before the Deputy Director of Consolidation, against the orders passed by the Settlement Officer Consolidation. Deputy Director of Consolidation allowed the revisions by the impugned order and altered t...
Chhedi Lal Misra Vs. Civil Judge, Lucknow and Others
Court: Allahabad
Decided on: Oct-13-1998
Reported in: 1998(4)AWC459
S. H. A. Raza, J.1. The Deputy Commissioner, Lucknow Issued a notice under Section 49A read with Section 97A of the U. P. Muslim Waqf Act. 1960 (hereinafter called Act) against the unauthorised occupant, the petitioner, on a requisition sent by Shia Central Board of Waqf, U. P. The unauthorised occupant Chhedi Lal Mlsra filed an appeal before the District Judge, which was transferred to Civil Judge, Lucknow. The Civil Judge dismissed the appeal. Being aggrieved against the said order, the present writ petition has been filed.2. The brief facts of the case are that one Mirza Mohammad Haider created a waqf of his entire property Including the property in question in the year 1926 and appointed his son Piyarey Misra as Mutwalli of the waqf property. The said waqf 'waqf Alalkhair' (for waqf religious and charitable purposes) was registered under Section 38 of the U. P. Muslim Waqf Act, 1936. which is pari materta with Section 29 of the Act, I960 and the same was notified in the Official Ga...
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