Allahabad Court March 1998 Judgments
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Ajay Singh and Another Vs. Board of Revenue and Others
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1998(2)AWC1353
Sudhir Narain, J.1. This writ petition is directed against the order of the Commissioner, respondent No. 2, making reference to the Board of Revenue and the order of the Board of Revenue dated 28.8.1997 accepting the reference in the matter of cancellation of allotment of lease alleged to have been executed in favour of Akshay Kumar Singh, the father of the petitioners.2. The facts, in brief, are that Mahavir Singh had two sons, namely, Vijay Kumar Singh and Akshay Kumar Singh. The petitioners are sons of Akshay Kumar Singh. The Land Management Committee granted lease in favour of Akshay Kumar Singh and Vijay Kumar Singh in respect of plot Nos. 1461, 1463, 1465 (new plot Nos. 1758 and 1762) area 4.87 acres. One Prakash Chand filed an application for cancellation of the said lease deed under Section 198 (4) of U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) on-the allegation that Mahabir Singh was an advocate. He had 40 bighas of land. His son Akshay ...
Sharda Prasad Tiwari and Another Vs. Board of Revenue and Others
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1998(2)AWC1547
Sudhir Narain, J.1. The petitioners have sought to quash the order passed by the Additional Commissioner dated 26.3.1990 in appeal and the order of the Board of Revenue, respondent No. 1, dated 29.7.1997, affirming the said order in revision.2. The facts in brief are that Late Paramhans, husband of respondent No. 6 was recorded as tenure-holder over the land in dispute. The petitioners filed suit under Section 229B of U. P. Z. A. and L. R. Act on 17.3.1988 against Paramhans for declaration of their rights on the allegations that Paramhans was bhumidhar of the disputed land. He was issueless and surrendered his possession in favour of the plaintiffs. The plaintiff-petitioners remained in possession and they acquired bhumidhari rights. On 15.6.1988 Paramhans executed sale deed in favour of respondent Noa. 7 to 10. The petitioners alleged that Paramhans filed Iabaldawa (Admission) in the suit on 19.8.1988 admitting the claim of the plaintiffs. The District Authorities organised a Lok Adal...
Smt. Sughra Begum Vs. Additional District Judge Xiith, Lucknow and Oth ...
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1998(3)AWC1935
R.H. Zaidi, J.1. After considering the arguments made by the learned counsel for the parties and after perusing the record of the case thoroughly, the writ petition was partly allowed and operative portion of the judgment was dictated in the open Court in presence of the learned counsel for the parties and was also signed on 17.3.1998, but to save the time of the Court, the reasons for the said judgment/order were not dictated in the Court, they were directed to follow. I hereunder state the reasons for the judgment and order.2. By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 18.11.1997 rejecting the application of the petitioner for return of the plaint for presentation before a Court of competent jurisdiction and the order dated 13.1.1998, whereby revision filed against the order of the trial court was dismissed by the revisional court.3. The fact...
Managing Director, Canara Bank Vs. Ramji Shukla
Court: Allahabad
Decided on: Mar-20-1998
Reported in: (1998)2UPLBEC1244
S.K. Phaujdar, J.1. The present appeal was preferred against the first appellate decree and judgment dated 12.3.1996 recorded by Sri V.S. Shukla, IVth Additional District Judge, Allahabad, in First Appeal No. 397 of 1986 arising out of original suit No. 966 of 1982 between Ramji Shukla and Laxmi Commercial Bank Ltd, and another. The suit of the plaintiff-respondent stood dismissed by the 1st Additional Civil Judge, Allahabad by his judgment and decree dated 7.12.1985. The first appellate Court had reversed the decree of dismissal and had decreed the suit and directed that the letter of the defendants terminating the services of the plaintiff was void. A further direction was given by the appellate Court that the plaintiff-respondent was entitled to full pay and allowances, as were claimed in the suit, as also for the period from the date of the suit till the decree with the benefits of increments, etc. There was a declaration that the plaintiff was continuing with his service. Canara B...
Commissioner of Trade Tax Vs. Tara Engineering Works
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1999(105)ELT553(All)
R.K. Gulati, J.1. This trade tax revision has been filed at the instance of the Commissioner of Trade Tax, UP., Lucknow and is directed against an order dated 16-6-1997 passed by the Trade Tax Tribunal, Bench Sharanpur.2. For the Assessment Year 1988-89, an assessment was made against respondent-assessee on a turnover of Rs. six lacs on the allegation that the assessee was engaged in the business of manufacture and sale of Pulp Testing Machines. On the contrary the assessee did not admit any taxable turnover and its case was that it had done job work on the orders of M/s. Universal Engineering Corporation, Ambala Road, Sharanpur, for which the entire material was supplied by that concern and it had received only labour charges to the extent of Rs. 3,67,855.00. In appeal the assessment order was set aside and the case taken up by the assessee was accepted. Against the appellate order, Revenue filed a second appeal before the Trade Tax Tribunal, but it was dismissed. Feeling still aggrie...
Kishan Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1999CriLJ3380
1. These two appeals have been preferred by the accused-appellants Kishan Lal, Ved Ram and Daya Shanker against their conviction for the offence under Section 302/34, I.P.C. and the sentence of life imprisonment awarded to them by Sri O.N. Asthana, the then IVth Additional Sessions Judge, Manipuri in S.T. No. 599 of 1979. Daya Shanker accused-appellant of Criminal Appeal No. 1184 of 1980 has died and consequently that appeal has abated on 10-2-1998. Ved Ram accused-appellant in Criminal Appeal No, 759 of 1980 has also died and the present appeal has consequently abated to his extent on 10-2-1998. In the result, there remains only the Crl. Appeal No. 759 of 1980 to the extent of Kishan Lal accused-appellant.2. We have heard parties counsel.3. The deceased in this case was Ram Chandra. He, Shyam Lal informant and Ram Das were real brothers inter se. Kishan Lal accused-appellant and the co-accused Ved Ram and Daya Shanker were real brothers inter se being sons of Ganga Ram. All of them we...
Pramod Kumar Awasthi Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-19-1998
Reported in: 1998(2)AWC1508
D.S. Sinha, J.1. Heard Sri Shyam Surat Shukla, learned counsel appearing for the petitioner, Sri A. K. Shukla, learned Standing Counsel representing the respondent Nos. 1 and 2, and Sri Shashi Kant Gupta, learned counsel appearing for Sri Yatish Chandra Shukla, who seeks to be impleaded to the petition as respondent No. 3.2. The petition has not been admitted formally. But, learned counsel appearing for the parties Jointly pray and agree that it may be disposed of finally at the admission stage itself. Accordingly, the Court proceeds to do so.3. For the District Hamirpur, a Consumer Disputes Redressal Forum known as District Forum has been established by the State Government inexercise of its powers under Section 9 of the Consumer Protection Act, 1986 (hereinafter called the 'Act').4. Section 10 of the Act contemplates that each District Forum shall consists of, besides its President, two members. Appointment of the Presidentas well as two members is to be made by the State Government ...
Smt. Ramawati Sharma Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-19-1998
Reported in: 1998(2)ALD(Cri)788; 1998(2)ALT(Cri)18; [2001]107CompCas215(All); 1999CriLJ682
J.C. Misra, J.1. The basic prayer in both these writ petitions cover the constitutional validity of Section 138 of the Negotiable Instruments Act (for short N.I. Act): The petitioners in these two matters have been prosecuted for an offence under Section 138 of the N.I. Act as the cheques they had issued to pay up their debts had bounced for lack of proper fund in the respective accounts. The provisions under the aforesaid section have been challenged as violative of Articles 14, 19, 20 and 21 of the Constitution of India, hence a prayer was made to declare the provisions ultra vires of the Constitution and to further quash the criminal proceedings initiated under that section against the petitioners.2. The case against Ramawati Sharma was filed by Rahul Malaviya in complaint No. 5376 of 1995 and the gist of the complaint case is that the accused had taken a loan from the complainant and with a view to repay the same she had issued a cheque dated 30-4-95. The cheque was drawn on the Ki...
Udai Veer Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-19-1998
Reported in: (1998)2UPLBEC926
S.R. Singh, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel for the opposite parties.2. The writ petition No. 12301 of 1997 was filed against the order dated 29.3.1997 whereby the District Panchayat Raj Officer convened a meeting of the concerned Gram Panchayat for discussion on the motion of no confidence brought against the petitioner under Section 14 of the U.P. Panchayat Raj Act, 1947 read with Rule 33-B of the Rules made under the Act. By interim order dated 8.4.1997 passed in the said writ petition, it was provided that in case no-confidence motion was taken up and passed on the date fixed for discussion on the motion, it would not be given effect till the next date of listing of the case. During the pendency of the writ petition the meeting was held as scheduled on 17.4.1997. Ten elected members of the Gram Panchayat participated in the meeting and out of ten, seven voted in favour of the motion and three against the motion. The motion was accordingly ...
Ram Shanker Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-19-1998
Reported in: 1999CriLJ79
ORDER1. The petitioner has made a prayer in this writ petition that the FIR and investigation in case Crime No. 12 of 1998, under Sections 468 and 471, IPC, P.S. Jasrana, District Firozabad, be quashed. There was another prayer for making over investigation of the case to an impartial agency like the C.B. C.I.D. The FIR was lodged by the Sub-Divisional Magistrate, Jasrana (for short, the SDM) on 18-1 -1998 upon an allegation that the petitioner had produced a forged copy of an alleged order recorded in C.M. Writ Petition No. 30527 of 1997 dated 18-1-1997 before the complainant, sitting then as Pargana Magistrate. It was alleged in the FIR that the copy produced by Ram Shanker was interpolated after issuance of the certified copy from the High Court.2. The learned counsel took up an objection that the records of the High Court were allegedly tampered with and it was the High Court only which could have filed a complaint. It was further stated that in any view of the matter when an alleg...
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