Allahabad Court March 1998 Judgments
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Sudhir Chandra Gupta Vs. Dr. S.K. Raj and Another
Court: Allahabad
Decided on: Mar-26-1998
Reported in: 1998(2)AWC1335
O.P. Garg, J.1. This is a revision application under Section 25 of the Provincial Small Causes Court Act which has been preferred against the order dated 19th December. 1997 passed by the IInd Additional District Judge, Moradabad rejecting the defence of the defendant-revisionist under Order XV, Rule 5, Civil Procedure Code.2. Heard Sri A. K. Tiwari, learned counsel for the defendant-revisionist and Sri K. K. Arora, learned counsel for the plaintiff-opposite parties.3. The plaintiff-opposite panties have instituted a S.C.C. Suit No. 1 of 1993 against the defendant-revisionist for his eviction from the disputed accommodation and for recovery of arrears of rent and mesne profit. Admittedly,the relationship of landlord and tenant exists between the parties and the defendant-revisionist was the tenant of the house at the monthly rent of Rs. 1.400. The suit was contested by the defendant-revisionist and it is alleged that after the service of the Illegal notice, the defendant-revisionist be...
Dr. K.G. Srivastava Vs. Chancellor, Allahabad University, Allahabad an ...
Court: Allahabad
Decided on: Mar-26-1998
Reported in: 1998(2)AWC1446
R.K. Mahajan, J. 1. This writ petition is being disposed of at the stage of admission with the consent of learned counsel for the parties.2. Purely legal question involves the disposal of this writ petition. Is respondent No. 4 Dr. Rajnath, Professor in the English Department, University of Allahabad, who is admittedly senior most Professor in the Department of English is not entitled for consideration for appointment by the respondent No. 1. He happened to resign/declined the post of Head of Department of English in the year, 1988-89. Is this resigning/declining for some reasons would amount to waiver of his rights for consideration of appointment for all time to come. Would not it be violation of Article 14 read with Article 16 of the Constitution of India if in 1996 when the post of Head of Department fell vacant on the retirement of Dr. M. C. Joshi and Dr. Rajnath was appointed as Head of Department? The answer is obviously no.3. The next point which has been raised by Dr. R. G. Pa...
Bharat Heavy Electricals Ltd., Haridwar Vs. Smt. Godawari Devi Alias G ...
Court: Allahabad
Decided on: Mar-26-1998
Reported in: 1998(3)AWC2000; (1999)ILLJ1350All
O. P. Garg, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') has been preferred against the order dated 17th February, 1994, passed by the Commissioner stationed at Saharanpur under the Act in W.C.A. No. 6 of 1991 whereby a sum of Rs. 30,000 with interest at the rate of 15% per annum as compensation under Section 4 and a sum of Rs. 15,000 as penalty under Section 4A(3) of the Act with Rs. 500 as cost have been awarded to Smt. Godawarl Devi alias Godambri Devi widow of late Sarveshwar Dull an unskilled labour employed by the appellant, and who is alleged to have met with accidental death.2. Counter and rejoinder-affidavits have been exchanged. Heard Sri J. N. Tewari, learned counsel for the appellant and Sri Tejpal learned counsel for the respondent, at considerable length.3. The appellant Bharat Heavy Electricals Ltd. is engaged in the manufacture of electrical and foundary equipment. One of its projects was situated at Wa...
Maa Vaishnav Lotteries Agencies Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1998(2)AWC1137; (1998)2UPLBEC1047
M. Katju, J. 1. This is a review petition for recall of our judgment dated 10.3.98 passed in Writ Petition No. 5733 of 1998, M/s. Maa Valshnav Lotteries Agency v. State of U. P. and others. By the aforesaid decision we had held that in view of the Lotteries Ordinance. 1997 promulgated by President of India and the order of the Governor dated 29.10.97 issued under Section 5 of the Lotteries Ordinance, all State Lotteries, whether of Nagaland or any other State, are banned and hence they cannot be sold in U. P.2. Along with the review application, the judgment of the learned single Judge of Gauhati High Court dated 16.1.98 has been annexed by which the Lotteries Ordinance, 1997 has been declared unconstitutional.3. With profound respect to the Gauhati High Court, we are unable to agree with the aforesaid judgment and we are clearly of the view that the Lotteries Ordinance, 1997 is valid and constitutional.4. The learned single Judge of Gauhati High Court has struck down this Ordinance on...
Narendra Kumar JaIn Vs. Gopal Krishna Malhotra
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1998(2)AWC1319
O.P. Garg, J.1. This revision application is directed against the order dated 6.3.1998 passed by Sri R. N. Varma, VIIIth Additional District Judge, Meerut in his capacity as Judge, Small Causes Court rejecting the application moved under Order IX, Rule 13 of the Code of Civil Procedure (Misc. Case No. 32 of 1996) to set aside the ex parte decree passed tn S.C.C. Suit No. 8 of 1996.2. Heard Sri P. N. Khare, learned counsel for the defendant-revisionist and Sri Rajesh Tandon, learned counsel for the plaintiff-opposite party.3. S.C.C. Suit No. 8 of 1996 was decreed ex parte on 30.11.1996. The defendant-revisionist moved an application under Order IX, Rule 13. C.P.C. on 24.12.1996 with the prayer that the ex parte decree dated 30.11.1996 be set aside and the suit be restored to its original number. This application has been rejected by the Court below on the ground that the compliance of the provisions of Section 17(1) of the Provincial Small Causes Court Act has not been made. Theapplicat...
Pratap NaraIn Vs. Vth Addl. District Judge, Allahabad and Others
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1998(2)AWC1451
J.C. Gupta, J. 1. Heard Sri K. M. Dayal, Senior Advocate, appearing for the petitioner and Sri Sankatha Rai for the landlord-respondent No. 3.2. This is tenant's writ petition. The dispute relates to a portion of Premises No. 272, Meerapur, Allahabad. Landlord-respondent No. 3 moved an application against the petitioner under Section 21 (1) (a) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the 'Act') on the ground that the premises was genuinely required by the landlord society for running a school after constructing another floor. Though seven other tenants have agreed to vacate but the petitioner has refused to do so. hence there arose the necessity for moving the release application. It was further alleged that the tenant-petitioner has in his occupation another House No. 145, situated in Mohalla Attarsuiya. Allahabad and he could shift his 'Atta Chakki' in that house without suffering any substantial loss. The petitioner contested the application on a number of groun...
Ram Bilas Tibriwal Vs. Chairman, Municipal Board, Titri Bazar and Othe ...
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1998(2)AWC1468
D.S. Sinha, J. 1. Heard Sri Himanshu Tiwari. holding brief of Sri Mool Behari Saxena, learned counsel appearing for the petitioner, and Sri Vinay Malviya, learned standing counsel representing the respondent Nos. 2 and 3. Nobody appears for the respondent No. 1 despite service of notice upon it.2. A sum of Rs. 37,296 is sought to be recovered from the petitioner as arrears of land revenue. The money is alleged to be due in respect of a contract for realisation of Tahbazari settled in favour of the petitioner. By a communication dated 17th February, 1989, a copy whereof is Annexure-6 to the petition, the Chairman of the Town Area, Titri Bazar. Tahsil Naugarh in the district of Sidharth Nagar called upon the petitioner to pay the sum of Rs. 37,296 within a week and warned him that in case of default steps for realisation of the amount as arrears of land revenue under Section 173A ofU.P. Municipalities Act, 1916, (hereinafter called the 'Municipalities Act') and Section 21 of the U. P. To...
G.T.C. Industries Ltd. Vs. Parasrampuria Trading and Finance (P) Ltd.
Court: Allahabad
Decided on: Mar-25-1998
Reported in: [2001]104CompCas368(All)
A.K. Banerji, J.1. The petitioner M/s. G. T. C. Industries Limited (the 'petitioner' in short) has filed this petition under Section 433(e) and (f) read with Sections 434 and 439 of the Companies Act, 1956 (the 'Act' in short) for winding up of the company M/s. Parasrampuria Trading and Finance (P) Limited (the 'respondent-company' in short) on the groundthat the said respondent is unable to pay its debts, consequently, should be wound up.2. Briefly stated, the relevant facts as set out in the petition are that the petitioner-company is engaged in the business of sale of cigarettes besides other business. The respondent-company approached the petitioner for being' appointed as its wholesale buyer of cigarettes in the Kanpur area. On the request being' accepted an agreement was entered into between the parties. In pursuance of the said agreement, the petitioner supplied goods to the respondent and raised bills in respect thereof for payment. A running account was maintained by the petit...
Mohd. Sharif Vs. State of U.P.
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1998CriLJ4671
N.S. Gupta, J.1. All the aforesaid criminal appeals and revision arise out of judgment and order dated 7-6-1980, passed by Sri P. C. Jain, the then 1st Additional Sessions Judge, Shahjahanpur, whereby the learned trial Judge found the accused appellant Mohd. Sharif guilty under Section 302,I.P.C. and sentenced him to imprisonment for life. By the same judgment and learned trial Judge found accused Rafiq and Yasin 'not guilty' on the charges framed against them under Sections 302/109,I.P.C. AND 302/120-B, I.P.C. and acquitted them. Feeling aggrieved by the said judgment Mohd. Sharif preferred Criminal Appeal No. 2069 of 1980 and State preferred Government Appeal Nos. 2040 of 1980 and 2039 of 1980. The complainant too feeling aggrieved by the acquittal of Rafiq preferred Criminal Revision No. 1280 of 1980. Since all the aforesaid matters arise out of one and same judgment, they were heard together and are being disposed of by this common judgment.2. The prosecution case briefly stated is...
Mohd. Nabi and Etc. Vs. Rafiq and anr.
Court: Allahabad
Decided on: Mar-25-1998
Reported in: 1999CriLJ3751
N.S. Gupta, J.1. All the aforesaid criminal appeals and revision arise out of judgment and order dated 7-6-1980, passed by Sri P.C. Jain, the then 1st Additional Sessions Judge, Shahjahanpur, whereby the learned trial judge found the accused appellant Mohd. Sharif guilty under Section 302, I.P.C. and sentenced him to imprisonment for life. By the same judgment the learned trial judge found accused Rafiq and Yasin not guilty on the charges framed against them under Section 302/109, I.P.C. and 302/120-B, I.P.C. and acquitted them. Feeling aggrieved by the said judgment Mohd. Sharif preferred Criminal Appeal No. 2069 of 1980 and State preferred Government Appeal Nos. 2040 of 1980 and 2039 of 1980. The complainant too feeling aggrieved by the acquittal of Rafiq preferred Criminal Revision No. 1280 of 1980. Since all the aforesaid matters arise out of one and same judgment, they were heard together and are being disposed of by this common judgment.2. The prosecution case briefly stated is a...
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