Allahabad Court April 1998 Judgments
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Kunwar Yasmeen Ali Khan Vs. Masood Ashraf Khan
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(2)AWC1441
O.P. Garg, J.1. This revision application under Section 25 of the Provincial Small Causes Courts Act (hereinafter referred to as 'the Act') has been preferred against the ex parte decree and order dated 6.3.1990 passed by Sri B. K. Srivastava, the then District Judge, Aligarh in S.C.C. Suit No. 10 of 1984. The suit for possession of the disputed accommodation after ejectment of the defendant-revisionist and for recovery of arrears of rent and mesne profit has been decreed.2. Heard Sri K. M. Dayal, learned counsel for the defendant-revisionist and Sri M. A. Qadeer on behalf of the plain tiff- opposite party.3. Suit No. 10 of 1984 was instituted by Masood Asraf Khan against the present defendant-revisionist for the relief of possession after ejectment from the tenanted accommodation, which was let out to the defendant revision 1st at monthly rent of Rs. 1,200. It was alleged that the provisions of U. P, Act No. XIII of 1972 do not apply to the disputed accommodation. A notice to suit was...
Rajesh Kumar Chaurasia Vs. U. P. Public Service Commission and Others
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(2)AWC1467; (1998)3UPLBEC1978
M. Katju and R. K. Mahajan, JJ. 1. Heard learned counsel for parties. This petition has been filed for quashing the impugned order dated 24.9.1993 (Annexure-3 to the writ petition) and for a mandamus directing the respondent No. 2 to appoint the petitioner as Sub-Divisional Magistrate in Uttar Pradesh.2. The controversy in the case is very short. The petitioner as well as the respondent No. 3 both appeared in the Combined State Services Examination, 1990 and both belong to backward caste. In the merit list sent by the Public Service Commission, the petitioner is at Sl. No. 76 while the respondent No. 3 is at Sl. No. 97 as is evident from Annexure-2 to the writ petition. Thus, it is evident that the petitioner is more meritorious than the respondent No. 3. However, strangely enough the respondents have appointed the petitioner as a Sales Tax Officer and have given the respondent No. 3 the better post of Sub-Divisional Magistrate, although the petitioner's first choice was P.C.S.3. In ou...
Sunder theatres (Nandani Talkies), Civil Lines, Jhansi Vs. Allahabad B ...
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(3)AWC1635
O.P. Garg, J.1. This is a time barred revision-application under Section 115 of the Code of Civil Procedure in which a prayer has been made that a decree dated 21.12.1990 passed by IVth Additional District Judge, Jhansi on the basis of the compromise filed in Allahabad Bank v. Sunder Theatre and others, Original Suit No. 137 of 1988, and the subsequent order dated 7.11.1997 passed by IVth Additional District Judge. Jhansi in Misc. Case No. 15 of 1993 arising out of Execution Case No. 2 of 1991 be set aside.2. Counter and rejoinder-affidavits have been exchanged. Heard Sri P. P. Srivastava, Senior Advocate, assisted by Smt. Sadhna Upadhyay, learned counsel for the applicant-revisionist and Sri P. K. Bisarla for the opposite party No. 1-Allahabad Bank. Jhansl (Civil Lines Branch).3. Briefly stated, the facts of the case are that M/s. Sunder Theatres (Nandani Talkies), Civil Lines, Jhansi and its partners took a loan of Rs. 6,56,000 on 7.11.1977 and executed a pronote as well as created a...
Hafeez Ullah Khan Vs. Spl. C.J.M., Allahabad and Another
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(3)AWC1731; 1999CriLJ2748
J.C. Mishra, J. 1. This petition under Section 482. Cr. P.C. has been filed by the petitioner for quashing the criminal proceeding in Complaint No. 9 of 1997. Sherwani Sugar Syndicate Limited v. Hafeez Ullah Khan pending in the Court of Special Chief Judicial Magistrate. Allahabad. It is admitted that the petitioner was an employee of Geep Industrial Syndicate Limited and in the year 1976 he was transferred to Sherwanl Sugar Syndicate Limited. It is further admitted that the said company served a notice of termination dated 3.8.98 on the petitioner.2. It is admitted that the petitioner was posted at Delhi and was provided an accommodation at Flat No. E-273 Pocket E. Mayur Vihar. Phase-II. Delhi-91 by the company.3. After serving notice for termination of service of the petitioner, the Sherwanl Sugar Syndicate Limited filed a complaint in the Court of Special Chief Judicial Magistrate, Allahabad under Section 630 of the Companies Act. 1956 and Section 406. I.P.C. The learned Magistrate ...
Dilraj Yadav Vs. Iiird Additional District Judge, Azamgarh and Others
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(3)AWC1699
D.K. Seth, J. 1. A suit for cancellation of compromise decree dated 29.9.1972 in Case No. 675/391 under Section 229B of the U. P. Zamindari Abolition and Land Reforms Act was filed by the plaintiff-respondent No. 3 in which issue No. 5 was framed with regard to the maintainability of the said suit. By the order dated 16.7.1962 the said issue was decided in favour of the plaintiff--defendant filed a Civil Revision No. 196 of 1982. By judgment and order dated 20.11.1982, the said revision was dismissed. It is against these orders the present writ petition was filed.2. Order XXXII of the Code governs the procedure in suit in which minor is involved. A minor neither can sue nor can be sued without the next friend who is supposed to furnish security when so ordered by the Court and normally the Court appoints proper person as guardian of the minor. All these provisions have been engrafted to secure the interest of the minor. If such interests are not secured or in the event that the next fr...
iftkhar Ansari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-15-1998
Reported in: 1998(3)AWC1800
O.P. Garg, J.1. This bunch of 15 connected writ petitions involves the question of appointment or otherwise of the petitioners as Urdu Translator-cum-Junior Clerks in various offices of district Deoria. Since common questions of law and fact are involved in the writ petitions, the petitioners are proposed to be decided together.2. The Government of State of U. P. took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu Translator-cum-Junior Clerks in the various departments of the State and also with a view to promote the Urdu language and to make it job-oriented and further to link it with economic aspects of life. In the month of August all over the State 5,061 posts were sanctioned/created in the various departments of the State. It was stipulated that one post each in all the offices of departmental heads and heads of offices, both at the Divisional and District level shall be filled in by Urdu Translator/Junior Clerk subject to the...
Allahabad Canning Company Vs. Regional Director, E.S.i.C. and ors.
Court: Allahabad
Decided on: Apr-15-1998
Reported in: [1998(79)FLR947]; (2000)IIILLJ597All
D.K. Seth, J. 1. Mr. Tarun Agrawal, learned Advocate has while supporting the writ petition assailed the impugned order contained in Annexure 5 to the writ petition on the ground that the same is not an assessment order under Section 45A of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'). Even if for argument sake the impugned order is said to be an assessment order in that event it was passed in contradiction to the proviso to Section 45A namely without any opportunity of being heard, therefore, the same is invalid. He contends further that no demand could be made in respect of a period of five years prior to the date of the claim as provided in the proviso to Sub-section (1-A) of Section 77 of the Act, therefore, in the present case the claim having been made in the year 1986 for the period between 1971 to 1983 could not be sustained so far as period prior to 1981 which is beyond five years of 1986. His other contention is that respondents did not take...
Ferozabad Dugdh Utpadak Sahkari Sangh Ltd., Sikohabad, Ferozabad Vs. P ...
Court: Allahabad
Decided on: Apr-13-1998
Reported in: 1998(2)AWC1470; [1998(79)FLR868]
D.K. Seth, J. 1. A reference was made before the Labour Court as to whether termination of services of the workmen were Justified. The employer was represented by some officers. Subsequently, it appears that those officers were transferred. Therefore, the employer itself was directed to be impleaded as party to the proceeding. This order dated 17.1.1998 is being assailed by Shri G. D. Misra, learned counsel for the petitioner on the ground that the Labour Court has no power available under the Code of Civil Procedure to implead a party in the proceeding except as provided in Section 6 (c) of the U. P. Industrial Disputes Act and Rule 21 of the U. P. Industrial Disputes Rules. According to him, only those provisions of the Civil Procedure Code as enumerated in Section 6 (c) and Rule 21, no other provisions of Civil Procedure Code are available to be exercised by the Labour Court. Therefore, the employer who have been added by name cannot be substituted nor the petitioner could be added ...
Jagdish Prasad Sharma Vs. Iiird Additional District Judge, Etah and Ot ...
Court: Allahabad
Decided on: Apr-13-1998
Reported in: 1998(2)AWC1497
D. K. Seth, J.1. A suit for specific performance was filed against U. P. Avas Vikas Parishad, in connection with the said suit, an application for injunction was also filed praying for restraining the defendants from cancelling the allotment. The trial court by order dated 22.5.1995 granted temporaryinjunction, against which an appeal being Misc. Appeal No. 33 of 1995 was filed. By an order dated 9.2.1998, the said appeal was allowed and the order dated 22.5.1995 was set aside, in the said order, the appellate court had directed return of the plaint on the ground that the suit was not maintainable in view of Section 88 of U. P. Avas Vikas Adhiniyam. 1965, in terms of Order Vii, Rule 11, clause (d), it is against this order Sri Alim Shah, learned counsel for the petitioner has moved this writ petition.2. On leave being prayed for, he is permitted to convert this petition into one under Article 227 of the Constitution in the course of today.3. According to Sri Shah, the appellate court c...
Ram Janam Singh Vs. Collector, Ballia and Others
Court: Allahabad
Decided on: Apr-13-1998
Reported in: 1998(2)AWC1516
D. S. Sinha, J.1. Heard Sri L. N. Pandey, learned counsel appearing for the petitioner and Sri Vinay Malvlya, learned Standing Counsel representing respondent Nos. 1, 2, 3 and 4. Nobody appears for respondent No. 5.2. By the impugned citation dated 14th March, 1980, a copy whereof is Annexure-I to the writ petition, a sum of Rs. 12,139,95, plus recovery charges, is sought to be recovered from the petitioner, The amount is said to be due from Kasta Avam Loh Kala Society Lasra, post office Pirohari, District Ballla, a society registered under the provisions of U. P, Co-operative Societies Act, 1912 (now 1965), (hereinafter called the Act), of which the petitioner was elected as Sarpanch in the year 1964, and remained as such till 1st March, 1967. In March. 1967, Sri Raj Nath Pandey, respondent No. 5 became Sarpanch and took charge on 15th March. 1967.3. The stand taken on behalf of the contesting respondents in their counter-affidavits is that the money advanced to the society was misuse...
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