Allahabad Court November 1998 Judgments
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Mewa Ram and Another Vs. Dy. Director of Consolidation, Faizabad and O ...
Court: Allahabad
Decided on: Nov-13-1998
Reported in: 1998(4)AWC826
R.H. Zaidi, J.1. Heard the learned counsel for the parties.2. Since learned counsel appearing for the parties agreed and requested that this petition may be disposed of finally at this stage, learned counsel for the respondent No. 2 also does not propose to file any counter-affidavit in this case, this petition is being disposed of at this stage finally.3. By means of this petition under Article 226 of the Constitution of India, the petitioners challenge the validity of the order dated 26.10.1998 passed by respondent No. 1.4. It appears that land in dispute was recorded in the name of Muneshwar in the basic year. According to the petitioners, Sri Muneshwar died on 11.2.77. After his death petitioners applied for mutation of their names in the revenue papers relating to the land in dispute, on the basis of a Will dated 12.10.70, alleged to have been executed by Muneshwar in their favour. The claim of the petitioners was objected to and opposed by respondent No. 2. It was pleaded that sh...
N.B. Singh, Additional District and Sessions Judge, Budaun Vs. Lakshmi ...
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1999(1)AWC129; (1999)2UPLBEC1016
B.K. Roy and R.K. Singh, J.1. The petitioner, who is presently posted at Deoria, has come up with prayers to quash (i) the Adverse Entry dated 11.5.1994 awarded to him vide D.O. No. C-516/94. dated June 18. 1994, as contained in Annexure-5 : (ii) the Order dated 29.6.1994. which is part of Annexure-5 itself, and (iii) the Order dated 8.6.1995, as contained in Annexure-7.1.1. The document appended as Annexure-5 shows that it is copy of the confidential communication being D.O. No. 62/ST/94 of the District Judge, Budaun to the petitioner along with D.O. No. C-516/94 of the Court containing the Adverse Entry dated 11.5.1994 of the Court which reads thus :'Deliberately avoided to attend the official meeting with Hon'ble Acting Chief Justice on 23.10.1993, at the irrigation Inspection House, during his Lordship's visit to Mirzapur. He is guilty of disobedience. He is also impertinent and arrogant in his behaviour.'1.2. The document appended as Annexure-7 is copy of D.O. No. 46/ST/90 dated J...
Ram Krishna Jaiswal and Others Vs. District Judge, Allahabad and Other ...
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1999(1)AWC851
Sudhir Narain, J. 1. This writ petition is directed against the order dated 3.10.1998 passed by Judge, Small Causes Court, rejecting the application filed by the petitioners for stay of proceedings in Suit No. 3 of 1989 and the order of respondent No. 1 dated 30.10.1998, dismissing the revision against the said order.2. Briefly stated, the facts are that Shankar Lal, father of the petitioners, was inducted as a tenant in building No. 34D, Naxvab Yusuf Road, Allahabad by Mrs. Soonama Booman Sapporjee. After her death, her rights were devolved upon her daughter Smt. Daulat Den Shah Lahawalla. She sent a composite notice demanding arrears of rent and terminating the tenancy of Shankar Lal. As the tenant failed to comply with the notice, she filed Suit No. 420 of 1982 in the Court of Judge, Small Causes, Allahabad for recovery of arrears of rent, ejectment and damages. During the pendency of the suit, Smt. Daulat Den Shah Lahawalla executed a sale deed in respect of the property in questio...
Padam Chand and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1998(4)AWC379
S.C. Verma, J.The legal controversy involved in the present petition is as to whether the allotment of the disputed land Khasra plot Nos. 926 and 928 is the land ear-marked for Abadi sites in accordance with sub-section (1) of Section 122C of U. P. Zamindari Abolition and Land Reforms Act 1950, (hereinafter referred to as the 'Act') and as provided under Rule 115L of the U. P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as 'Rules'). If the disputed land is not ear-marked as Abadi sites as referred to in Rule 115L of the Rules, whether it is an Abadi site vested in Gaon Sabha liable to be allotted under Rule 115M of the rules.2. A complaint was made by one Kuber Shanker. On the basis of which proceedings under Section 122C (6) of the Act were initiated by the Collector.The petitioners filed their objections and the evidence in support of their contention that these were Abadi sites which vested in Gaon Sabha for which prior permission for allotment as required un...
Pran Nath Vs. Dr. Chandra Prakash Saksena
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1998(4)AWC675
R.H.Zaidi, J.1. This defendant's revision arises out of a suit for ejectment and for recovery of arrears of rent, water tax and damages for use and occupation of the shop situated at Uikhimpur Kheri, (for short the 'shop in dispute') and is directed against the Judgment and order dated 21.5.1985 passed by IInd Additional District Judge/Judge, S.C.C., Lakhimpur Kheri, striking off the defence of the defendant-applicant under Order XV. Rule 5, C.P.C.2. Brief and relevant facts of the case are that the plaintiff-respondent filed S.C.C. No. 9 of 1983 for ejectment of the applicant from the shop in dispute and for recovery of arrears of rent etc.. on the ground of default, after serving the notice of demand and termination of tenancy. The suit was contested by the defendant-applicant, who has disputed rate of rent and pleaded that the amount of Rs. 5.000 was already deposited by him as security, if the said amount is adjusted in the amount of rent, he could not be held to be defaulter. Duri...
Sunita Pandey (Smt.) Vs. Banaras Hindu University and ors.
Court: Allahabad
Decided on: Nov-12-1998
Reported in: (1999)1UPLBEC595
O.P. Garg, J.1. The petitioner Dr. (Smt.) Suneeta Pandey is in the midst of Second Year M.D. Ayurveda course, which is of three years, duration. She is pursuing the course in the subject of Basic Principle (Swastha Vritta and Yoga) which was the subject of her fifth choice in the order of preference. The grievance of the petitioner is that in spite of the fact that she had qualified to get admission in the subject of her first choice, i.e., Prasuti Tantra (Stree Roga), it has not been allotted to her and by invoking an unwanted and inapplicable policy of reservation, the said subject has been allotted to Dr Kaushalya Khakhalari-respondent No. 4. By means of this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks that the order dated 31-3-1998 passed by the Director of Institute of Medical Sciences, whereby her representation has been rejected and the respondent-University has refused to allocate the subject as opted by her in the M.D. Ayurved course of t...
Pancham Lal Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1999CriLJ4111
ORDER1. In the instant writ petition, the sole petitioner has come up for quashing of the order dated 18-4-1998 granting sanction under Section 197 of the Criminal Procedure Code and Section 19 of the Prevention of Corruption Act, 1.988.2. It appears that Shri A.K. Sinha, the then District Magistrate, Mau lodged an F.I.R. on 1911 -1992 alleging that Shri Mishri Lal, Additional Collector, Mau came to his residence and handed over a brief case containing Rs. 1,00,000/- (Rs. One lac) as commission against the bill paid to the contractor, M/s. Arunji & Sons, Varanasi for erecting Pandals, pavilion etc. in the General Election of 1991. The matter was investigated by the Vigilance Department of the State Government which detected various lapses and irregularities committed while inviting tenders for the pandals, tent etc. for the purposes of polling and counting of the votes during the General Election held on 20th and 26th of May, 1991. It was also found that the tender of M/s. Arunji and S...
Raju Bhatia Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-12-1998
Reported in: 1999CriLJ1050
R.R.K. Trivedi, J.1. This habeas corpus writ petition under Article 226 of the Constitution of India has been filed by petitioner Rajeev Bhatia challenging the order of detention dated 4-12-1997, Annexure 7 to the writ petition, passed by respondent No. 2, District Magistrate, Kanpur Nagar, Under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) and order dated 15-12-1998, under Section 3(4) of the Act and order dated 20-1-1997, under Section 12(1) of the Act, both passed by respondent No. 1. The petitioner has also prayed for a directions to the respondents to set him at liberty forthwith.2. The impugned order dated 4-12-1997 was served on the petitioner in district jail, Kanpur Nagar on 5-12-1997. Along with the order of detention, petitioner was also served with the grounds for passing the said order by respondent No, 2. In the grounds, inter alia, it has been stated that on 6-11-1997, at 2.00 p.m. Mohit Kumar Balmiki, Pappu and Vijai Dhobi came on...
Rajendra Pal Singh Vs. District Inspector of Schools, Jalaun and Other ...
Court: Allahabad
Decided on: Nov-11-1998
Reported in: 1999(1)AWC456; (1999)1UPLBEC588
O.P. Garg, J.1. The only point which arises for determination in the present two writ petitions is whether the District Inspector of Schools (for Short 'D.I.O.S.') and for that matter, the Authorised Controller is empowered to enrol and induct new members of the society with a view to take part in elections to constitute a new Committee of Management in accordance with the Scheme of Administration, This controversy has cropped up in the wake of the following facts :There is a registered society known as Gramin Siksha Prasar Samiti. Mayee, which established an institution initially known as Adarsh Junior High School. It was recognised and aided by the State Government. The said school was upgraded for imparting education up to High School. The School, thereafter came to be known as Adarsh Ucchatar Madhyamik Vidyalaya. Mayee. At the time of the formation of the society, there were 15 founder members out of whom 7 have died and at present only 8 founder members are in existence. There is ...
Bhola Vs. Deputy Director of Consolidation, Fatehpur and Others
Court: Allahabad
Decided on: Nov-11-1998
Reported in: 1999(1)AWC673A
Shitla Prasad Srivastava, J.1. Heard learned counsel for the petitioner and Sri. S. K. Misra, learned counsel for the respondents.2. Learned counsel for the petitioner prayed for grant of some time to file rejoinder-affidavit. He has submitted that his client is in Jail, therefore, rejoinder-affidavit could not be filed and some time may be granted for filing the same.3. Order-sheet dated 8.2.1997 is clear to this effect that the matter was treated to be old one and it was ordered to be taken up for hearing even in 1997, therefore, the prayer made by learned counsel for the petitioner for -time to file rejoinder-affidavit cannot be allowed. Learned counsel for the parties are agreed for argument on merit.4. The brief facts giving rise to the present petition as stated in the writ petition are that during the course of consolidation proceeding, a proceeding for carvatlon of chak started. The petitioner's chak was not disturbed upto the stage of S.O.C. Two persons, namely Kallu and Mahad...
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