Allahabad Court April 1998 Judgments
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Prem Chandra JaIn Vs. Collector, Firozabad and Others
Court: Allahabad
Decided on: Apr-28-1998
Reported in: 1998(3)AWC1950
R.R.K. Trivedi, J.1. It appears that the maintainability of this bunch of writ petitions under Article 226 of the Constitution of India was doubted by one of the Hon'ble Judges constituting the Bench. Consequently, the arguments were heard by the Bench on the aforesaid point. Hon'ble R. K. Mahajan, J., by his order dated 19.12.96 dismissed all the writ petitions. The penultimate paragraph of the order reads as under :--'We are of the considered view that this Court under Article 226 of the Constitution of India cannot convert itself into a civil court for determining the issues. The-truth has to be sifted by Court of fact. i.e., civil court and not by the High Court. The plea that the amount cannot be recovered as arrears of land revenue has no relevance at all and if the petitioners want to contest this point, we are of the view that they should deposit the amount under protest citation and cannot contest this point, we are of the view that they should deposit the amount under protest...
Nar Bahadur Gurang Vs. Union of India and Others
Court: Allahabad
Decided on: Apr-28-1998
Reported in: 1998(4)AWC510
Sudhir Narain, J.1. This writ petition is directed against the order of dismissal dated 20.4.1981 passed by the General Officer. Commanding-in-Chief, Central Command. Pune--respondent No. 2.2. The disciplinary proceedings were initiated against the petitioner. The allegation against him is that he was present in the Unit lines at about 18.00 hours on 8.10.1979 when Subedar Bhim Bahadur Rana brandishing a naked Khukri in the Unit Lines delivered certain inflamatory speeches and instigated the Unit personnel to mutiny and consequent to the above inflamatory speech by him, the Unit personnel mutinied at about 22.00 hours on that day and indulged in wanton destruction of the Officers mess and Officers property. The petitioner was present at that time.3. The General Officer Commanding in 11th infantry Division. C/o 56-APO-respondent No. 3 issued a show-cause notice indicating the charges against the petitioner. The basic charge against the petitioner was that he was present when Subedar Bhi...
Ajai Krishna Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-28-1998
Reported in: (1998)3UPLBEC2245
Brijesh Kumar and Jagdish Bhalla, JJ.1. The above noted two writ petitions relate to the same subject matter. Hence having heard the learned Counsel appearing for the parties in both the writ petitions, they are being disposed of by this common order.2. A motion of No Confidence appears to have been moved against Smt. Kusum Chauhan who was elected and was working as the Chairman of Nagarpalika Parishad, Balrampur. According to the report of the Presiding Officer, presiding over the meeting convened for considering the Motion of No Confidence it was carried out by a majority of two third as all the 17 members of the Parishad present had unanimously voted in favour of the Motion. The Adhyaksh Smt. Kusum Chauhan moved a representation to the State Government apart from other things, pointing out that the motion was not carried out by two third majority as provided under the provisions, namely, Sub-section (12) of Section 87-A of the Municipalities Act which provides :-'87-A.(12) The motio...
Smt. Saroj Giri Vs. Vayalar Ravi and ors.
Court: Allahabad
Decided on: Apr-28-1998
Reported in: 1999CriLJ498
ORDER1. Through this petition, filed on August 26, 1996, the petitioner prays to issue show cause notices to Respondents Nos. 1 to 15 Sri Vayalar Ravi, Sri John. F. Fernandes, Smt. Jayanti Natrajan, Sri S.S. Ahluwalia, Sri S. M. Krishna, Sri Ish Dutt Yadav, Sri Gurudas Das Gupta, Sri M. A. Baby, Mrs. Najma Heptulla, Sri Priya Ranjan Das Munshi, Sri Santosh Mohan Dev, Sri Basudev Acharya, Sri Nirmal Kanti Chatterjee, Sri P. A. Sangama and Sri Surinder Kumar Singla for having criticised on the floor of the Parliament on July 24, 26 and 30, 1996 two of the Hon'ble Judges of this Court, who on 24-7-1996 had issued notices in her Civil Misc. Writ Petition No. 19386 of 1996 questioning the validity of the appointment of Respondent No. 16 Sri H. D. Deve Gowda as the Prime Minister of the country and had advised him not to appear before this Court and who did not appear before this Court and punish them for committal of contempt of this Court under Article 215 of the Constitution of India.2. R...
Vishwanath Chopra Vs. Ist Additional District Judge, Allahabad and Oth ...
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(2)AWC1540
Shitla Prasad Srivastava, J.1. The petitioner by means of present writ petition has challenged the order dated 1st December, 1997, passed by the respondent No. 1 in Civil Rev. No. 431 of 1994 which has been filed as Annexure-8 to the writ petition.2. The brief facts giving rise to the present writ petition are that respondent Nos. 2, 3 and 4 filed a suit for ejectment of the petitioner from the premises in suit bearing Municipal No. 16/13, Chauk, Allahabad, stating therein that the petitioner was a tenant on payment of Rs. 69.50 per month as rent and there was arrears of rent since 1st May, 1979, therefore, the suit was filed after giving notice terminating the tenancy, etc.3. The petitioner contested the suit on the ground that the property was put to auction in arrears of income-tax by the Income Tax Department and the petitioner is tenant on behalf of the Executive Engineer C.P.W.D. He has deposited the rent for a period between 1st September, 1979 to 30th November, 1983. The rent f...
Sanjeev Kumar Dubey Vs. District Inspector of Schools, Etawah and Othe ...
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(2)AWC1570; (1998)2UPLBEC1393
M. Katju, J.1. This writ petition has been filed for quashing the Impugned order dated 30.9.97 Annexure-18 to the writ petition and for a mandamus directing the respondents to appoint the petitioner on the post of Science Demonstrator in Sri Radha Vallabh Inter College, Phaphund, district Etawah.2. The petitioner's father was a confirmed Science Demonstrator in the Institution in question and he died in-hamess on 31.12.93 leaving behind his widow, four sons and one daughter. The petitioner claims to be his eldest son.3. The petitioner made an application to respondent No. 2 Committee of Management for appointing him under the Dying-in-Harness Rules. True copy of the petitioner's application dated 24.7.95 is Annexure-3 to the writ petition. The petitioner has alleged that he has done his B.Sc. and hence is qualified for being appointed as Science Demonstrator. The petitioner has relied on the Government Order dated 2.2.95 copy of which is Annexure-7 to the writ petition. This Government...
Smt. Kushla Barthwal and Others Vs. Special Judge, Nainital and Others
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(3)AWC1738
J.C. Gupta, J.1. Heard petitioners' counsel Shri Rajesh Tandon and Shri Ashok Bhushan counsel appearing for the landlord-caveator.2. This is tenants' writ petition.3. The landlord filed a release application in relation to the accommodation in question which is in occupation of the petitioners on a monthly rent of Rs. 26. The landlord came with the case that before the purchase of the accommodation in question, he was residing in a rented house in the same city of Nainital at a rental of Rs. 1,000 per month and since he was going to retire from Government service soon, it was not possible for him to live in the rented house and pay rent of Rs. 1,000 per month and since he has no other house in the city of Nainital, he bona fide required the accommodation in question for his personal need. The ten ants-petitioners contested the said application disputing the allegation of the landlord. The Prescribed Authority by the order dated 24.7.1995 allowed the application and the appeal filed by ...
Smt. Prabhawati Devi Vs. Iind Additional District Judge, Ghazipur and ...
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(3)AWC1724
G.P. Mathur, J.1. The petitioner Smt. Prabhawati Devi filed Original Suit No. 53 of 1977 for partition of her 2/5th share in the property in dispute situate in mohalla Khodaipura in Ghazipur which was decreed on 4.9.1981 by the Civil Judge, Ghazipur and a preliminary decree for partition was passed. Aggrieved by the judgment and decree, Rahat Ullah filed Civil Appeal No. 4 of 1982 and Syed Zainul Nabi filed Civil Appeal No. 11 of 1982 which were both dismissed by 1st Additional District Judge on 1.5.1986. Thereafter, proceedings for preparation of final decree were commenced wherein Rahat Ullah moved an application under Section 4 of the Partition Act. This application was allowed by the Civil Judge by the Judgment and order dated 20.11.1987 and it was directed that Rahat Ullah may take necessary steps for ascertaining the valuation of plaintiffs 2/5th share and plaintiff Smt. Prabhawati Devi was directed to execute a sale deed of her share in favour of the applicant. This order was ch...
Roomi Prasad Vs. Iiird Additional District Judge, Etah and Others
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(4)AWC445
D.K. Seth, J.1. In a suit for injunction on the basis of an application for temporary Injunction by an order dated 12.4.1990 passed in Original Suit No, 192 of 1990 by the learned Munslf, Kasganj district Etah, ad interim injunction was granted against the defendant while directing issue of notice. An appeal was preferred against the said order being Misc. Appeal No. 41 of 1990. Thereafter by order dated 23.5.1990 passed by the learned Munsif the order dated 12.4.1990 was extended. By an order dated 22.10.1990 passed by IIIrd Additional District Judge, Etah, the appeal was allowed and the order passed by the learned Munsif granting ad interim order was set aside while directing the record to be sent back for disposing of the case in accordance with law.2. Sri Sharad Sharma, learned counsel, holding brief of Sri H. N. Sharma, learned counsel for the petitioner contends that since the appellatecourt had decided the application for injunction, at the ad interim stage, it was no more open ...
Durg Singh Vs. Iiird Additional District Judge, Mainpuri and Others
Court: Allahabad
Decided on: Apr-27-1998
Reported in: 1998(4)AWC473
D.K. Seth, J. 1. In Suit No. 99 of 1983. learned Munsif, Shikohabad by an order dated 17.10.1987, rejected the plaintiff's application under Order XXII. Rule 9, C.P.C. together with an application under Section 5 of the Limitation Act. on the ground that there was no sufficient reason that prevented the plaintiff from making the application within time. An appeal being Appeal No. 19 of 1988. was preferred against the said order. The appellate court had allowed the appeal and set aside the order passed by the learned Munsif and allowed the application under Order XXII. Rule 9. C.P.C. This order has since been challenged in this writ petition.2. Mr. Swarajaya Prakash. learned counsel for the petitioner, has assailed the order on the ground that the plaintiffs were aware of the death and had filed an application for impleadment on 16.1.1987 but did not press the said application. On expiry of 90 days from 3.10.1986. on which the death took place, the suit had abated. The period for settin...
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