Allahabad Court November 1998 Judgments
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State of U.P. Through District Magistrate, Kanpur Nagar Vs. Ivth Addl. ...
Court: Allahabad
Decided on: Nov-17-1998
Reported in: 1998(4)AWC139
S.R. Singh, J.1. This petition originates from execution Case No. 179 of 1980. Krishna Gopal Chawla v. U. P. Jal Nigam, and the gravamen of the petitioner is riveted on two orders, firstly the order dated 12.5.1995 passed by the then Civil Judge (Jr. Division), Kanpur Nagar thereby rejecting the objections filed by the Judgment Debtor, i.e.. U. P. Jal Nigam and the State of U. P, through the District Magistrate, Kanpur Nagar under Section 47 of the C.P.C. and secondly, the order dated 12.8.1997 passed by the IVth Addl. District Judge Kanpur Nagar thereby dismissing the revision preferred against the order dated 12.9.1995.2. The facts of the case draped in brevity are that Krishna Kumar Chawla and others, to begin with, instituted a civil suit (original Civil Suit No. 1714 of 1963) in the Court of Munsif City, Kanpur for recovery of arrears of rent amounting to Rs. 914.03 from 1.7.1962 to 11.8.1963, ejectment and damages for use and occupation from 12.8-1963 till the date of delivery of...
Tahsil Bar Association, Tahsil Sadar, Deoria and Another Vs. Inspector ...
Court: Allahabad
Decided on: Nov-17-1998
Reported in: 1998(4)AWC305
B.K. Roy and R.K. Singh, JJ.1. The prayer of the petitioner is to quash G.O. dated 20.4.1990 issued by the State Government in its Institutional Finance (Stamp and Registration) Department, Lucknow bearing No. SR-758/Eleven-90 sent by the Joint Secretary to the Inspector General Registration.2. Rule 6 (2) of the U. P. Documents Writers Licensing Rules, 1977, reads thus :'(2) Nothing in sub-rule (1) shall apply where the writer of such document is one of the parties thereto or is a legal practitioner engaged by the parties for drawing up the document'.3. The impugned G. O. clarifies that under Rule 6 (2) of the U. P. Documents Writers Licensing Rules. 1977, lawyers have right to prepare deeds only on behalf of their clients.4. Having heard Sri J. P. Gupta, learned counsel for the petitioner and Sri S. K. Jaiswal, learned standing counsel appearing on behalf of the State, we do not find any infirmity in this clarification of the Government.5. It goes without saying that if any counsel pr...
Chandra Vasudeva Vs. Additional District Magistrate (Supplies), Delega ...
Court: Allahabad
Decided on: Nov-17-1998
Reported in: 1998(4)AWC624
Sudhir Narain, J.1. This writ petition is directed against the order dated 26.9.1991 passed by respondent No. 1 whereby the disputed shop has been declared as vacant and the order dated 28.9.1991 whereby the vacancy has been notified in respect of the disputed shop.2. Briefly stated, the facts are that Smt. Premwatl. respondent No. 3. submitted an application dated 19.5.1988 purporting to be under Rule 10 (9) of U. P. Urban Buildings [Regulation of Letting, Rent and Eviction) Rules. 1972 (in short the Rules) nominating the petitioner for the purpose of allotment of the disputed shop claiming herself as landlady of the disputed property. Om Prakash Sharma, respondent No. 4, also filed an application for allotment alleging that the disputed accommodation had fallen vacant. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit a report. The Rent Control Inspector submitted a report on 27.6.1988 that the petitioner was living as tenant in the disputed shop and...
State of U.P. Vs. Dev Prakash S/O Naranjan Lal Sharma
Court: Allahabad
Decided on: Nov-17-1998
Reported in: 1999CriLJ3707
J.C. Gupta, J.1. By means of this application, the State has applied for cancellation of bail granted to the opposite party by the Sessions Judge; Bulandshahr by the order dated 3-11-1995.2. The opposite party is undisputedly the husband of the deceased and a case of 'dowry death' has been registered against him as crime No. 97 of 1995; under Sections 304-B/201, Indian Penal Code and 3/4 Dowry Prohibition Act at police station Pahasu, District Bulandshahr with the allegations that the deceased was being subjected to cruelty by the accused/opposite party and members of his family and she was done to death within seven years of marriage and her dead body was disposed of hurriedly without even sending information to the parents of the deceased. The opposite party applied for bail before the Sessions Judge and was released on bail by the order dated 3-11-1995.3. The learned Addl. Government Advocate, appearing for the State with all vehemence at his command argued that the aforesaid order ...
Smt. Sushila Srivastava and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-16-1998
Reported in: 1999(1)AWC369; (1999)1UPLBEC605
O.P. Garg, J.1. Whether the teaching and non-teaching employees of private recognised primary schools are entitled to full salary, all allowances and other benefits as are admissible to their counterparts in the Basic Schools run by the Basic Siksha Parishad (for short 'Parishad'), U. P. is the moot point which arises for consideration and determination in the present two writ petitions, which are being decided by this common judgment.2. Put briefly, the facts of the case are that there is a Montessori school with the name of Shri Maheshwar Montessori Bal Mandir. Madar Gate. Aligarh. The said school is run and managed by a private body. The said school was recognised in the year, 1962 by the District Inspector of Schools (for short 'D.I.O.S.') which was the competent authority to grant recognition as the Basic Shiksha Adhiniyam had not by that time come into force. The school was brought on the grant-in-aid list by the State in the year, 1963 and since then the grant is being released ...
Ayodhaya Nath Dubey Vs. Xiiith Addl. District and Sessions Judge, Kanp ...
Court: Allahabad
Decided on: Nov-16-1998
Reported in: 1999(2)AWC1323
Sudhir Narain, J.1. This writ petition is directed against the judgment of the Judge Small Causes Court dated 27.3.1998 whereby the suit for ejectment against the petitioner was decreed and the order of the revisional court dated3.11.1998 dismissing the revision against the aforesaid judgment.2. The land lord-respondent Nos. 3 and 4 filed Suit No. 380 of 1983, Smt. Shanti Devi and others v. Ayodhya Nath Dubey and another, against the petitioner and one Visbwanath for recovery of arrears of rent, ejectment and damages on the allegation that the petitioner was their tenant. He was in arrears of rent for the period 25.8.1977 to 24.2.1983. The plaintiff-respondents sent composite notice on 3.3.1983 to the defendant-petitioner demanding arrears of rent and terminating his tenancy. The notice was served by refusal on 10.3.1983. The petitioner did not pay arrears of rent as demanded by the plaintiffs. It was further stated that the petitioner had sub-let the accommodation in question to Anil ...
Sahil Society for the Welfare of Aged Poor and Homeless, Etc. Vs. Unio ...
Court: Allahabad
Decided on: Nov-16-1998
Reported in: 1998(4)AWC306
M. Katju, and D.K. Seth, JJ.1. Heard Sri A. D. Gtri. learned Senior Advocate and Sri Rajendra Dobhal for the petitioner. Sri Bal Mukund for the Central Government and Sri Haidar Hussain for the State Government.2. This petition has been filed as a public interest litigation for directing the respondent No. 1, Union of India, to strictly follow its own guidelines as well as the guidelines of World Health Organisation for manufacture and procurement of Oral Polio Vaccine (O.P.V.).3. On 24.9-1998, this Court granted three weeks' time to the learned counsel for the respondent to file counter-affidavit but no counter-affidavit has been filed. Hence we are treating the allegations in the writ petition to be correct. The petitioner is a society registered under the Societies Registration Act. Annexure-1 is the certificate of registration. It has been stated in paragraph 2 of the petition that world over, the O.P.V. used in Polio eradication is manufactured from bulk concentrate produced as pe...
Mahalakshmi Sugar Mills Co. Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-13-1998
Reported in: 1999(2)AWC1218
Palok Basu, J.1. Though three points of difference have been noted by my two revered brothers Hon'bleR. R. K. Trivedi and Hon'ble; R. K. Singh, JJ. in this bunch of writ petitions but the principal difference appears to be relating to the alleged claim of the Collector demanding 10% of recovery charges amounting to about Rs. 44 lacs on what was supposed to have been due against the petitioners' liability having arisen under Section 17 (4) of the U. P. Sugar Cane (Regulation of Supply and Purchase) Act, 1953.2. In a nutshell the factual difference should be summarised before adverting to the aforesaid three points. There was a challenge as to the liability of the petitioners who are Sugar Mills to the demand of the Cane Commissioner on what should have been termed as payment of sugar cane price to the cane growers. Whether or not the State Advised Price was rightly demanded by the Cane Commissioner was initially the question. However, on the demand being raised by the Cane Commissioner,...
Ram Kishan Vs. District and Sessions Judge, Haridwar and Others
Court: Allahabad
Decided on: Nov-13-1998
Reported in: 1998(4)AWC590
Sudhir Narain, J.1. This writ petition is directed against the order dated 24.12.1986 declaring the premises in question as vacant, order dated 12.3.1987 releasing the disputed premises in favour of the landlord-respondents, the order dated 10.5.1995 passed on the review application and the order dated 7.11.1997 dismissing the revision.2. The facts, in brief, are that Chandmal was the tenant of the shop in question. Two applications for allotment were filed on 16.6.1986. The Inspector was called for submitting the report who submitted the report that the shop remains locked. The petitioner is the son of Chandmal who was a tenant. The notice was given to him but it was shown to be served by affixation. The Rent Control and Eviction Officer considering the report of the Inspector declared it vacant vide order dated 24.12.1986. The landlord-respondents filed application for release. The accommodation was released in favour of the landlord-respondents on 12.3.1987.3. The petitioner filed a...
Shafique Ahmed Vs. Additional District Judge (E.C. Act), Dehradun and ...
Court: Allahabad
Decided on: Nov-13-1998
Reported in: 1998(4)AWC662
Sudhir Narain, J.1. This writ petition is directed against the order dated 14.10.1988 passed by the Prescribed Authority allowing the application for release of the disputed shop in favour of the landlord-respondent No. 3 and the order of the appellate authority dated 30.11.1996 dismissing the appeal against the aforesaid order.2. The petitioner is a tenant of the shop in question of which respondent No.. 3 is the landlord. Respondent No. 3 filed an application for release of the shop in question under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 [hereinafter referred to as the Act) on the allegation that he was carrying on the business of selling pens and key-rings by putting a table on the street. His family consists of himself, his wife and 4 children who are receiving education. He is unable to carry oh business during the rainy season or when there is extreme cold in Dehradun. This application was opposed by the petitioner who al...
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