Allahabad Court March 1998 Judgments
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Laxmi NaraIn Upadhya and Others Vs. Gram Sabha
Court: Allahabad
Decided on: Mar-11-1998
Reported in: 1998(3)AWC1629
O.P. Garg, J.1. This is defendant's Second Appeal against the judgment and decree dated 25.1.1991 passed by Sri Rakesh Dull, the then Special Judge (E. C. Act)/Additional District Judge. Agra in Civil Appeal No. 24 of 1986 arising out of Suit No. 239 of 1977 which was dismissed on 24.12.1985 by the trial court, i.I.e.. VIth Additional Civil Judge. Agra.2. The facts of the present case lie in a very narrow compass. The Gaon Sabha, Pachokra. Tahsil Etmadpur, district Agra has been holding a cattle hat over its Plot Nos. 832, 835, 836 and 837 from much before the year 1956. Earlier the hat was organised by the Gaon Sabha Itself but subsequently, the right to hold the hat was auctioned on year to year basis. Laxmi Narain defendant-appellant No. 1 was a Clerk/Scribe engaged in the hat on behalf of the Gaon Sabha. He along with two other defendant-appellants purchased the Plot No. 834 in the year 1963 and with the help of other defendant-appellants, started holding hat on the aforesaid plot ...
Lalta Prasad Agarwal (Decd.) Through L.Rs. and Others Vs. State of U.P ...
Court: Allahabad
Decided on: Mar-11-1998
Reported in: 1998(3)AWC1910
D.K. Seth, J.1. A proceeding was initiated against the petitioner for eviction under the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred as the Act). By an order dated 18.6.1977, the said proceeding was decided. There was another proceeding and both the proceedings were decided by a common judgment passed in Case Nos. 241 and 342 of 1976-77. The State Government preferred appeals being Appeal Nos. 648 and 649 of 1977 respectively. Both the appeals were disposed of by a common judgment dated 5.3.1979. This is under challenge in the present writ petition.2. Mr. Ajai Banout learned counsel holding brief for Shri Ashok Khare, learned counsel for the petitioner ably argues that the premises being held by the petitioners as an occupancy tenant, their holdings are that of tenure-holders under a law relating to land tenure and, therefore, the premises held by the petitioners are excluded from the definition of 'premises' contained in Section 2(b) of t...
Swami Vivekanand Uchchatar Madhyamik Vidyalaya, Unnao and Another Vs. ...
Court: Allahabad
Decided on: Mar-11-1998
Reported in: 1998(3)AWC1940; (1998)3UPLBEC2145
Mrs. Shobha Dikshit, J.1. The Committee of Management of Swami Vivekanand Uchchatar Madhyamik Vidyalaya, Unnao has approached this Court being aggrieved by the Impugned order dated 5.11.1982 passed by opposite party No. I, District Inspector of Schools. Unnao who did not approve the order dated 29.7.-1982 passed by the Principal, terminating the services of the respondent No. 2 and Instead directed the Manager to provide another opportunity to said employee Sri Moti Lal Singh to improve himself by permitting him to join the post again. It was further provided that by way of punishment, the employee shall not be entitled to salary from the period his services were terminated till he Joins the post. The employee was also directed to furnish within one month the certificate of his educational qualifications before the appointing authority. The order has been challenged primarily on the ground that the District Inspector of Schools has passed the impugned order without jurisdiction and aut...
Maa Vaishnav Lotteries Agency Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-10-1998
Reported in: 1998(2)AWC1134; (1998)2UPLBEC1039
M. Katju, J. 1. This writ petition has been filed for a mandamus directing the respondents not to interfere with the sale of Nagatand State Lotteries. A large number of such writ petitions have been filed in this Court, hence this judgment will govern all such petitions whether they are listed before us or not.2. The petitioner claims to be the main stockist of Nagaland State Lotteries whose names are mentioned in para 2 of the petition. It is alleged in para 4 of the writ petition that the Government of Nagaland has appointed M/s. M. S. Associates as their sole distributor of Nagaland State Lotteries, and M/s. M. S. Associates has appointed the petitioner as main stockists to market and sell the aforesaid lotteries in district Shahjahanpur and other parts of U. P. It Is stated in para 6 that the State of U. P. enacted the U. P. Unauthorised Lotteries(Prevention) Act, 1995 with a view to prohibit sale of unauthorised lotteries within the State of Uttar Pradesh. The lotteries conducted ...
Jagdamba and Others Vs. Sub-divisional Officer, Sadar, Mirzapur and Ot ...
Court: Allahabad
Decided on: Mar-10-1998
Reported in: 1998(2)AWC1505
D. K. Seth, J.1. By an order dated 26.10.1991 passed by the Sub-Divisional Magistrate in exercise of power conferred under Rule 176 (2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952, the lease granted to the petitioners in respect of the land covered under Section 132 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called as the Act) was sought to be cancelled.2. Mr. A, K. Shukla, learned counsel for the petitioner contends that the Sub-Divisional Magistrate not being a Collector empowered by the State Government by a notification within the meaning of Section 4 (2) of the Act is not competent to pass the said order of cancellation and as such, the order is wholly without jurisdiction. Secondly, he contends that the order has been passed without giving any notice in terms of Rule 5, on this ground also this order cannot be sustained.3. Mr. Ashutosh Srivastava, learned counsel for the respondents, on the other hand, contends that the prop...
Dr. K.C. Tandon Vs. Ixth Additional District Judge, Kanpur Nagar and O ...
Court: Allahabad
Decided on: Mar-10-1998
Reported in: 1998(3)AWC1687
J.C. Gupta, J.1. Heard parties counsel. With their consent this writ petition is disposed of finally.2. By means of this writ petition, the tenant has challenged the order of the lower appellate authority dated 23.10.1997 rejecting the petitioner's application for cross-examination of Smt. Prem Arora and the application for returning the will to the landlord which he had filed. By the same order, the prayer for issuing Commission has also been rejected on the ground that no such application was found on the record.3. When this writ petition came for admission before Hon. Shitla Prasad Srivastava, J. on 11.11.1997, his Lordship was of the view that so far as the order rejecting the application for cross-examination of Smt. Prema Devi and of returning the will was concerned, it required no interference. Notices were, however, issued to the respondents with regard to the petitioner's prayer for quashing the order of the lower appellate court refusing to issue Commission.4. It is provided ...
Ansar Ahmad Vs. Sub-divisional Officer, Kairana and Others
Court: Allahabad
Decided on: Mar-10-1998
Reported in: 1998(3)AWC1807
D.K. Seth, J.1. Sri Shiam Lal Mishra, learned counsel for the petitioner has raised a very Interesting question as to whether the Prescribed Authority under Section 12C of U. P. Panchayat Raj Act, is empowered to condone the delay in filing Election Petition beyond the period prescribed under Rule 3 of U. P. Panchayat Raj (Settlement of Election Dispute) Rules. 1994 or. In other words, whether the application of the Limitation Act is excluded by reason to Rule 3 of 1994 Rules. According to him, the provision of the Limitation Act is not applicable in special Statute relating to the dispute regarding election and, therefore, the order passed by the Prescribed Authority as well as by the Revisional Authority, condoning the delay in filing Election Petition long after 21 months is wholly without jurisdiction and, as such the writ petition is liable to be set aside.2. Sri Pankaj Kumar Singh, learned counsel appearing on behalf of respondents, on the other hand contends that by reason of cl...
Agra District Co-operative Bank Ltd., Agra Vs. Prescribed Authority/La ...
Court: Allahabad
Decided on: Mar-10-1998
Reported in: 1998(3)AWC1898; (1998)2UPLBEC1031
D.K. Seth, J.1. The award dated 16th August, 1996 passed in Adjudication Case No. 143/1982 and 149/1982 has been challenged by means of this writ petition.2. Mr. H. N. Tripathi, learned counsel for the petitioner assails the order on the ground that in view of Regulation 5 of U. P. Co-operative Societies Employees Service Regulations, 1975, selection could be made only by the Board and the selection made by the selection committee other than the Board, cannot be sustained. Secondly, he contends that even if such selection can be made by the selection committee as provided under Rule 5 as amended by U. P. Co-operative Societies Employees Service (Second Amendment) Regulations, 1979, even then such selection can be made only after a requisition is sent to the Board. In the present case, such requisition having not been sent, theselection made is bad. His next contention was that under 1979 amendment, the selection committee should consist of Chairman, Assistant Registrar and the Secretar...
FakruddIn Khan (Decd) Through L.Rs. Vs. Xth Addl. District Judge, Kanp ...
Court: Allahabad
Decided on: Mar-09-1998
Reported in: 1998(2)AWC1176
S.R. Singh, J.1. Both these petitions are knit together by reason of their stemming from common orders passed by the prescribed authority and the appellate authority in proceedings under Sections 21 (1) (a) and 21 (1A), of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short the U. P. Act No. 13 of 1972) in respect of House No. 3/236, Vishnupuri, Kanpur, and they were heard together.2. Petitioner. F. U. Khan died during the pendency of the writ petition on 30.9.97 and his widow Salma Khan and son Salman Khan were ordered to be brought on record vide order dated 18.2.1998 passed on the substitution application filed by them. F. U. Khan was in occupation as a tenant of three rooms, store, garage, latrine, bathroom and a verandah, whereas the petitioner Shree Kant Tripathi is in occupation of two rooms, one Verandah, one kitchenand one bathroom besides a porch. Application for ejectment of the tenants aforestated and release of the accommodation in ques...
Asha Textiles (P.) Ltd. and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-09-1998
Reported in: 1998(2)AWC1196
D.S. Sinha and M.L. Singhal, JJ.1. Heard Shrt Rajesh Kumar Agrawal learned counsel appearing for the petitioners, Shri Krishna Murari learned counsel appearing for the respondent No. 5, and Shri A. K. Shukla learned standing counsel representing the respondents No. 1 2, 3, 4 and 5.2. At the outset. Shri Rajsh Kumar Agrawal learned counsel of the petitioners, states that instant petition be treated to be confined to the prayer No. (iii) only.3. The prayer of the petitioners is that the respondent Nos. 1 to 4 restrained from insisting payment of an amount equivalent to 10 per cent of the money sought to be recovered under the Citation dated 28th August, 1991.4. The contention of the learned counsel of the petitioners is that under the relevant Rules, namely. 255 and 259 of the U. P. Zamindari Abolition and Land Reforms Rules, 1952, collection charges can be recovered at the rate of Rs. 3.75 only, and not more than that. In support of his contention, the learned counsel cites the Division...
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