Allahabad Court February 1998 Judgments
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Bhola Nath Sita Ram Vs. Ivth Additional District and Sessions Judge, K ...
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(2)AWC1192
D.K. Seth, J.1. The Judgment debtor, opposite party No. 3 filed an application under Order XXI, Rule 90 of the Code of Civil Procedure for setting aside the sale dated 10.11.64 of a house fora sum of Rs. 15,000 in execution of a decree obtained by the decree holder on 7.10.60 through Execution Case No. 216/63 for recovery of Rs. 3.874.45 paise on the ground that the valuation of the house was about Rs. 1 lac which was sold for Rs. 15,000 which is shockingly a low price. This application was allowed and the order dated 10.11.64 was set aside and a fresh proclamation as provided under Order XXI, Rule 67, C.P.C. was directed to be issued by order dated 27.11.75. The decree-holder preferred and appeal which is being numbered as Civil Appeal No. 24/76 which was converted into a revision by the learned IVth Addl. District Judge Court at Kanpur. By order dated 4.5.79 the learned IVth Addl. District Judge has dismissed the revision. It is these orders which have since been challenged by means ...
U.P. Public Service Commission, Allahabad Vs. Lalji Upadhyaya and Othe ...
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(2)AWC1275; (1998)2UPLBEC866
G.P. Mathur, J. 1. The aforementioned special appeals have been preferred against the Judgment and order dated November 23, 1995 of a learned single Judge by which Writ Petition Nos. 14662 of 1995 and 16210 of 1995 were allowed. The writ petitioners had challenged the action of the U. P. Public Service Commission (hereinafter referred to as P.S.C.) in applying the provisions of U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (U. P. Act No. 4 of 1994) while making selection for recruitment to the post of Junior Engineer (Civil) in the Rural Engineering Service of the State. The learned single Judge allowed the writ petitions, quashedthe result declared on May 12, 1995 and directed the P.S.C. to republish the result after applying the reservation policy as it stood prior to the enforcement of U. P. Act No. 4 of 1994.2. In exercise of power conferred by Article 309 of the Constitution, the Governor of U. P. has made U. P. Gra...
Panchsheel Poly Clinic/Nursing Home and Another Vs. District Magistrat ...
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(2)AWC1328
G.P. Mathur, J.1. This petition under Article 226 of the Constitution of India has been filed praying that the auction notice (Annexure-4 to the writ petition) be quashed and a writ of mandamus be issued directing the respondents to issue correct bills as per compromise decree and to restore the supply of electricity to the petitioner. The parties have exchanged their affidavits and with their consent. the writ petition is being disposed of finally at the admission stage.2. The relevant facts which are necessary for the decision of the writ petition and which emerge out of the affidavits filed by the parties are as follows :(1) The petitioner No. 1 is a Polyclinic/Nursing Home at Garh Road. Meerut, An electricity connection of 55 K.V. was released to the petitioners and a meter was installed on 20.7.1988. In the sealing certificate, the C.T. ratio was mentioned as 100/5 and the multiplying factor (M.F.) was shown as '1'. (2) The petitioner's premises were checked on 10.6.1992 by the st...
Sanjay Kumar Vs. Hemant Kishore and Others
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(3)AWC1746
O.P. Garg, J.1. This is an application in revision against the order dated 19.1.1998 passed by Sri R. H. Zaldi, Civil Judge (Senior Division), Meerut whereby impleadment applications moved by the revisionists in Original Suit No. 942 of 1986 have been rejected. Heard Sri A. D. Prabhakar and Sri Pramod Jain, learned counsel for the parties.2. Original Suit No. 942 of 1986 was instituted by Hemant Kishore and two others for the relief of partition of the properties as have been described in Schedule 'A' of the plaint and for possession over half of their share ; for permanent injunction restraining the defendants from alienating or transferring half share of the plaintiffs in the suit property and for rendition of accounts. Brij Raj Kishore and his son Vijay Kumar are defendant Nos. 1 and 2 in the suit. The suit has reached almost at the stage of its conclusion as arguments have been heard after recording the evidence of the parties and the case was reserved for judgment. It was at this ...
Prayag NaraIn and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(3)AWC1755; (1998)3UPLBEC2125
O.P. Garg, J.1. All the petitioners in these five writ petitions, under Article 226 of the Constitution of India, are employed as class IV employee in thePublic Works Department in district Fatehpur. They are working on the posts of Beldar/Meths or Chaukldar. All of them were Initially engaged on dally wage basis but subsequently, they were brought on temporary Muster Roll and in some cases as would be Indicated below, they were brought on permanent Muster Roll. The grievance of the petitioners is that there is a striking disparity in the emoluments which are payable to the petitioners as well as their counterparts who are in regular employment and that they are also being denied the benefits of medical leave, earned leave, leave encashment or bonus, provident fund and the Employees State Insurance Scheme as are admissible to the regular employees. In all the five writ petitions. It is prayed that respondents be directed to pay equal emoluments for equal work. i.e., equivalent to the e...
Indian Railway Construction Co. Ltd. and Another Vs. Lal Mohammad and ...
Court: Allahabad
Decided on: Feb-24-1998
Reported in: 1998(3)AWC1761; (1998)2UPLBEC1578
G.P. Mathur, J.1. These special appeals are directed against a common judgment and order dated 7.12.1993 of a learned single Judge by which Writ Petition Nos. 32651 of 1993, 18561 of 1993, 34786 of 1993, 44416 of 1993 and 32500 of 1993 filed by the respondents in the appeals were allowed and the notices dated 20.8.1993 and the termination orders dated 4.9.1993 were quashed and a further direction was issued that they shall continue on their Jobs and shall be paid their salary. Writ Petition No. 32651 of 1993 was treated as the leading case by the learned single Judge and, therefore, Special Appeal No. 34 of 1994 which is directed against the Judgment given in the aforesaid petition shall be treated as the leading appeal.2. The appellant No. 1 Indian Railway Construction Company Ltd. [for short I.R.C.O.N.) is a wholly owned Government company and carries on the business of construction of Roads, Buildings. Bridges and Railway tracking, etc. The writ petitioners (respondents in the appea...
Hemant Kishore and ors. Vs. Brij Raj Kishore and ors.
Court: Allahabad
Decided on: Feb-24-1998
Reported in: AIR1998All328
ORDERO.P. Garg, J. 1. This is an application in revision against the order dated 19-1-1998 passed by Sri R.H. Zaidi, Civil Judge (Senior Division) Meerut whereby impleadment applicability moved by the revisionists in Original Suit No. 942 of 1986 have been rejected. Heard Sri A.D. Prabhakar and Sri Promod Jain, learned counsel for the parties.2. Original Suit No. 942 of 1986 was instituted by Hemant Kishore and two others for the relief of partition of the properties as have been described in Schedule 'A' of the plaint and for possession over half of their share; for permanent injunction restraining the defendants from alienating or transferring half share of the plaintiffs in the suit property and for rendition of accounts. Brij Raj Kishore and his son Vijay Kumar are defendant Nos. 1 and 2 in the suit. The suit has reached almost at the stage of its conclusion as arguments have been heard after recording the evidence of the parties and the case was reserved for judgment. It was at th...
Narendra Kumar Singh Gaur Vs. Union of India and Others
Court: Allahabad
Decided on: Feb-23-1998
Reported in: 1998(1)AWC438; (1998)1UPLBEC536
B. Dikshit and D.K. Seth, JJ. 1. After hearing learned counsel for the petitioner and counsel for the State Mr. Ashok Mehta and Mr. S. K. Rai for the Union of India on 21.2.1998 we had retired and dictated the order, but before it could be pronounced, Mr. V. B. Singh, learned counsel appeared and submitted that he was representing Sri Jagdambika Pal and prayed that he may be heard before the order is pronounced. Accordingly, we had allowed him to intervene and heard him at length. The main thrust by Mr. V. B. Singh was that pronouncement of the order should be postponed till 11 a.m. of 22.2.1998 in order to enable him to produce the relevant records relating to the matter and no interim order should be passed. He was asked to furnish the materials on which he wanted to oppose the order. But he always continued to submit that he should be given an opportunity. Such opportunity can be effectively availed of by him only upon receipt of the record which he will be able to produce before th...
Sri Hathiya Ram Math and Another Vs. District Judge, Gahzipur and Othe ...
Court: Allahabad
Decided on: Feb-23-1998
Reported in: 1998(2)AWC1063
S.R. Singh, J.1. Subject-matter of impugnment in the instant petition is the appellate order dated 25.11.97 by which the learned District Judge, Ghazipur set aside the order dated 29.9.1997 passed by the Civil Judge (Sr. Division) Ghazipur, thereby interdicting the defendant herein impleaded as respondent No. 3 by means of a temporary injunction from interfering with the functioning of the second petitioner--Sri Swami Baikrishna Yati Maharaj as Mahant of the Math known as Sri Hathiya Ram Math, district Ghazipur and further from damaging the Math-property in any manner whatsoever.2. The suit from which stems the instant petition was instituted by the petitioners for the relief of a permanent injunction refraining the defendants from interfering with the functioning of the plaintiff-petitioner No. 2 as Mahant of Sri Hathiya Ram Math, Ghazipur and its sub-altern Maths described at the foot of the plaint and from damaging movable and immovable properties of the Math in any manner whatsoeve...
Smt. Kusum Lata Garg Vs. Singhai Ram Chandra JaIn and Others
Court: Allahabad
Decided on: Feb-23-1998
Reported in: 1998(2)AWC1367
J.C. Gupta, J. 1. Heard petitioner's counsel.2. This writ petition is directed against the order dated December 18. 1997, passed by the Rent Control and Eviction Officer. Jhansi, respondent No. 2, declaring the shop in question vacant.3. The petitioner is the sitting tenant in the shop in question and an application was moved before the Rent Control and Eviction Officer that since the petitioner has allowed the shop in question to be occupied by one Ram Kumar Sahu who is not a member of the tenant's family, the shop has become vacant and is open for allotment or release. The petitioner filed objection before the Rent Control and Eviction Officer disputing the correctness of the allegations made in the said application. On appraisal of evidence, the respondent No. 2 in the impugned order has recorded a clear and categorical finding that the shop in question is in occupation of Ram Kumar Sahu and he is running his business therein. This finding of fact is based on appreciation of evidenc...
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