Allahabad Court April 1998 Judgments
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Mahabir Singh and Others Vs. District Judge, Fatehpur and Others
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(2)AWC1459
D.K. Seth, J. 1. A suit being Civil Suit No. 795 of 1994 was initiated before the learned Munsif. Fatehpur. On the basis of the pleadings several issues were framed. Issue Nos. 2, 3 and 4 were taken up for decision as preliminary issues and were overruled by the learned Munsif by an order dated 20.9.1996. Civil Revision No. 104 of 1996 arising thereout was also dismissed by an order dated 9.12.1997. These two orders have been challenged before this Court by means of this writ petition.2. Mr. Akhllesh Chandra Varma, learned counsel for the petitioner assails the said orders on the ground that both the Courts have acted illegally in overruling the preliminary objections Inasmuch as though the prayer was couched as a relief seeking cancellation of a sale deed in respect of 1/45 share of the plaintiff, it is in effect a relief for declaration of a share in disguise which is cognizable by a revenue court under Serial No. 16 of Schedule II inasmuch as such division can be obtained under Sect...
Good Cause Association, Allahabad Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(2)AWC1513; (1998)3UPLBEC1964
M. Katju and S. L. Sataf, JJ.1. Heard counsel for the petitioner and learned Standing Counsel.2. This petition has been filed against the Anti-copying Ordinance recently promulgated by the U. P. Government on 18.3.1998. true copy of which is Annexure-1 to the petition. We find no merit in this petition. It is well-known that for last 10-15 years or more, mass copying in examinations in educational institutions has been taking place in Uttar Pradesh on a mass scale. Very often even principals and teachers have been collaborating in this malpractice, and because of this malpractice, academic standards have steadily gone down. This is a highly objectionable State of affairs because of which good students who work hard have to suffer because the cheats often get more marks by copying. We feel that the step taken by the State Government by promulgating the impugned Ordinance is a commendable and is good for the people of Uttar Pradesh as such Ordinance is necessary for the progress of the S...
Mahesh Narayan Gupta Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(3)AWC1611
S.K. Phaujdar and J.C. Misra, JJ.1. Through the present writ petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari for quashing an F.I.R. dated 2.3.1998 under Section 30 of the Arms Act in Case Crime No. 160 of 1998, P.S. Nawavad, District Jhansi. There is a further prayer for a mandamus for a declaration that the Notification No. 5197-R/VIII-Section 5-468-80. dated 31.10.1980 Issued by the Governor of Uttar Pradesh as void and ultra vires.2. The F.I.R. In question speaks of possession of ammunition beyond the number prescribed by the licence for which the petitioner is sought to be prosecuted in the aforesaid case.3. Section 30 of the Arms Act speaks of punishment for contravention of licence or a rule made under the Arms Act for which no punishment is provided elsewhere in the said Act. The maximum term for which a person may be punished under this section is Imprisonment for six months. There is also an alternative punishment of fine which ma...
Ram Das Gupta Vs. Naeem Ullah and Others
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(3)AWC1964
J.C. Gupta, J.1. This is landlord's petition. The dispute relates to a house situate in Mohalla Laxmipura in the city of Lalitpur. The landlord-petitioner moved an application purporting to be under Section 21 (1A) of the U. P. Act No. XIII of 1972 (briefly, the Act) against Naeem Ullah tenant since deceased whose legal representatives have been brought on record as respondent Nos. 1/2 to 1/8. Through that application, the landlord sought eviction of the tenant on the ground that he was in service of Indian Railways and was occupying Government occupation which he had to vacate on account of his retirement. He has no other house for his residence in the city of Lalitpur. His family consisted of self, two major song and five daughters, three married and two unmarried. It was further pleaded that while in service, he obtained law degree and after his retirement, he has decided to enter into profession as a lawyer and for that purpose in addition to his residential need, he requires a cha...
Brijesh Kumar Mahraj Vs. Brij Sunder Lal and Another
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(3)AWC2261
R.N. Ray, J.1. Plaintiff-appellant has filed this appeal being aggrieved by the Judgment and decree passed in Civil Appeal No. 205 of 1977 by Shri Shital Singh, Additional Civil Judge, Mathura on 20.8.1981 and that appeal arose out of O. S. No. 504/69.2. Plaintiff has filed suit for khas possession basing his claim on a gift made by one Purshottam Das to Smt. Kamlawati Bahuji on 26.1.1989 who happens to be the 'Nati' of Smt. Kamlawati Sahuji. It was asserted by the plaintiff that Purshottam Das son of Keshav Das was the owner of the property althrough and he executed a gift deed dated 26.1.1989 in respect of the suit property and other properties to Smt. Kamlawati Bahuji who entered Into possession in pursuant to that deed. The defendants claimed that property in suit was gifted by one employee of Thakur Dwarkadish Ji in favour of the defendant No. 1. The defendant No. 2 executed a deed in favour of defendant No. 1 who was an employee of Thakur Dwarkadish Ji. The defendant No. 1 assert...
Rakesh Kumar Vs. Vith Additional District Judge, Bulandshahr and Other ...
Court: Allahabad
Decided on: Apr-07-1998
Reported in: 1998(3)AWC2353
J.C. Gupta, J.1. This is landlords' petition challenging the validity of the order dated 29.5.1991 passed by respondent No. 1 (Annexure-7 to the writ petition). By the said order, revision filed by respondent Nos. 3 and 4 has been allowed and the lower revisional court has ordered that the petitioners' plaint be returned for presentation before the proper Court under Section 23 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act).2. The facts encompassing the controversy are that the petitioner filed suit for ejectment and recovery of arrears of rent and damages far use and occupation of the two disputed shops with the allegation that he has become owner-landlord of the disputed shops after having purchased the same from previous owners Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum through a registered sale deed dated 15.10.79. Before the said transfer, defendant No. 1 used to pay rent to Smt. Athar Zamani Begum exclusively and she was landlady of ...
Kumaon Tractors and Motors Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-07-1998
Reported in: [1998]111STC675(All)
R.K. Gulati, J.1. This revision has been filed under Section 11 of the U.P. Sales Tax Act, 1948 (now called U.P. Trade Tax Act) (hereinafter referred to as 'the Act'), and is directed against the order dated March 15, 1990 passed by the Sales Tax Tribunal, Bench I, Bareilly.2. The revisionist, Kumaon Tractors and Motors, Bareilly, in the assessment year 1971-72, which is in dispute, was a partnership-firm constituted by two partners and it carried on business as a main dealer of Tractors and Farms Equipments Ltd. The said firm, hereinafter referred to as 'the assessee', was assessed to sales tax by an assessment order dated August 30, 1974 for the year in dispute on the disclosed turnover of Rs. 14,41,545.54. Subsequent to the assessment order the Sales Tax Officer (S.I.B), Bareilly came across certain information, which indicated that some taxable turnover relating to the said assessment year had escaped assessment and was not returned by the assessee as a part of its taxable turnover...
Yamuna NaraIn Misra Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Apr-07-1998
Reported in: (1998)2UPLBEC1517
J.C. Gupta, J.1. By means of this writ petition, the petitioner has prayed for quashing the order dated 29.12.1993 passed by respondent No. 3, Annexure-2 to this writ petition, in so far as it directs the respondent No. 4 to function as the Principal of the institution and also for issuing a direction calling upon the respondents to permit the petitioner to function as officiating/cd/ioc Principal of the institution. The institution in question is run under the name of Janta Intermediate College, Mau Aiema, district Allahabad, which is governed by the provisions of the U.P. Act No. 5 of 1982, the U.P. Intermediate Education Act, 1921 and U.P. Act No. 24 of 1971. The petitioner was appointed as a permanent lecturer in Sanskrit in the institution and he took over charge from 22.7.1971 and since then he has been continuously functioning as such. Respondent No. 4 was also appointed on the same day as lecturer in English. One Rama Kant Tripathi was the Principal of the institution. A substa...
Zila Sahkari Federation Ltd. Vs. Deputy Labour Commissioner and anr.
Court: Allahabad
Decided on: Apr-07-1998
Reported in: (1998)3UPLBEC2140
D.K. Seth, J.1. Awards were passed in favour of the workman directing reinstatement. These awards are dated 3.7.95 and 4.7.95.2. In Writ Petition No. 25439 of 1995, the said awars were challenged. On 17th September, 1996 this Court passed an interim order to the following extent :'Heard counsel for the parties and perused the award.Upon consideration of the facts and circumstances of the case, it is hereby provided that the operation of the impugned awards dated 3.7.95 and 4.7.95 shall remain stayed only in so far as it directs payment of back wages, provided the respondent workman is reinstated pursuant to said awards within a month and is paid his current wages.'3. On the allegation that the workman was not being paid salary according to the awards in terms of the interim order, an application under Section 6-H (1) of the U.P. Industrial Disputes Act was filed. The same was registered as R.D. Case No. 22 of 1997. By an order dated 7.2.1998, being Annexure 12 to the writ petition, the...
Rajni Kant Sahai Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-06-1998
Reported in: 1998(2)AWC1295
G.P. Mathur, J.1. The question which requires consideration here is whether a special appeal lies against the judgment of a single Judge rendered in a writ petition under Article 226 of the Constitution wherein orders passed by the Prescribed Authority under Utta.r Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) had been challenged.2. The appellant filed a writ petition challenging several orders passed by the prescribed authority whereby his 24 bighas of land was declared as surplus and the application moved by him indicating his choice of the plots which he wanted to retain was rejected. The writ petition was dismissed by a learned single Judge by the judgment and order dated 9.9.1997 and the present special appeal has been filed assailing the said judgment. The provision for special appeal is contained in Chapter VIII, Rule 5 of the Allahabad High Court Rules. 1952 (for short High Court Rules) and in terms thereof, no special appeal is m...
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