Allahabad Court May 1998 Judgments
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Ramlal Vs. District Dy. Director of Consolidation and Others
Court: Allahabad
Decided on: May-28-1998
Reported in: 1998(4)AWC825
S.H.A. Raza, J.1. An application was preferred by S/Shri Ram Jag, Ram Achal and Ram Lachhan sons of Bal Karan resident of village and post office Asrewa, Pargana Paschim Rath, Tehsil Bikapur. district Faizabad on 4.11.97 in which they alleged that they have purchased the Gata No. 989 of Khata No. 217 measuring 3-11-3 by means of a registered sale deed and they have been in possession as a bhumidhar but Ram Lal who is the petitioner on the basis of fictitious case got his name entered in pursuance of a fictitious amaldaramad. No such case on basis of which amaldaramad has taken place was over registered nor any order was passed. The matter was enquired by the Settlement Officer, Consolidation who submitted his inquiry report. The Deputy Director of Consolidation on 11.2.98 passed an order to the effect that the name of Ram Lal, the petitioner was fictitiously entered and the amaldaramad entry was expunged. The report of the Settlement Officer. Consolidation would form part of the judgme...
Geeta Pumps Pvt. Ltd. Vs. District Judge and ors.
Court: Allahabad
Decided on: May-28-1998
Reported in: AIR1999All32
ORDERD.K. Seth, J.1. This writ petition has been filed by M/s. Geeta Pumps Provate Limited for quashing the order dated 5th May, 1998 contained in Annexure 28 passed by the learned District Judge, Saharanpur in Civil Appeal No. 32 of 1998.2. Mr. R.K. Jain, learned counsel for the petitioner contended that by reason of an earlier decree passed in suit No. 380 of 1992, the petitioner is entitled to continuous supply of electrical energy to be made by respondent No. 2 through its officers, but the same having not been complied with, the decree was put into execution. Against the decree passed in suit No. 380 of 1992, Civil Appeal No. 32/1998 was preferred by the respondent-defendant. By an order, dated 23-4-1998, further proceedings of the execution case No. 4 of 1998 was stayed. Thereupon, the petitioner had filed an application for vacating the said order of stay, which was disposed of by an order dated 5-5-1998 since been challenged in this writ petition. By the said order, hearing of ...
S.K. Garg Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-28-1998
Reported in: (1998)2UPLBEC1211
M. Katju, J.1. The English poet Colerige in his poem The Ancient Mariner' wrote 'Water, water everywhere but not a drop to drink.'2. This is precisely the plight of the people of Allahabad which has been highlighted in this writ petition. Despite two mightly rivers, the Ganga and Yamuna, at whose confluence the city is situated, a large number of colonies and the people living there have been hardly getting even a drop of water for days on end, and even in the places where water comes, it very often trickles for hardly 15 minutes or so in a day, and people have to rush with their buckets to get some. It is indeed distressing that even after 50 years ofindepedence the people of this country are not getting water to drink, what to say of food. This writ petition has been filed by an Advocate of this Court, Sri S.K. Garg, who is the Vice President of Bar Association, High Court, Allahabad as a Public Interest Litigation for suitable directions to ensure regular supply of water to the citi...
Prakash Narayan Tripathi Vs. Sessions Judge, Karvi and Others
Court: Allahabad
Decided on: May-27-1998
Reported in: 1998(3)AWC1974
S.K. Phaujdar and J.C. Misra, JJ. 1. The array of the parties indicate that the petitioner was really aggrieved by an order of a Magistrate and subsequently by an order of the Sessions Judge who had dismissed his revision application challenging the order of the Magistrate.2. The facts behind the present petition were indicated in our order dated 30.4.1998 and we may state them in short again. The petitioner was an accused in a criminal case in which the co-accused persons stood the trial and were acquitted after evidence and the order of acquittal became final as it was not challenged in appeal. On that very F.I.R., the petitioner is now prosecuted upon a subsequent charge-sheet and the Court of first instance has issued non-bailable warrant of arrest against him.3. It is submitted on behalf of the petitioner that when the prosecution relies on the same evidence as it had adduced before the Court below during the trial of the co-accused persons and which were disbelieved by the trial ...
S.P. Singh, C.J.M. Vs. Ram Bharose Lal Agrawal
Court: Allahabad
Decided on: May-27-1998
Reported in: 1999CriLJ303
ORDER1. Sri Ram Bharose Lal Agarwal is an advocate practising at Bulandshahr and has admittedly a long standing-of practice. The present proceeding was initiated against him under a reference from Sri S. P. Singh, the then CJM, Bulandshahr under Section 15(2) of the Contempt of Courts Act. The facts leading to the reference indicate that Criminal Case No. 4773 of 1994 Ram Kumar v. Sanjeev Kumar was taken up by Sri S. P. Singh on 4-4-1997 for hearing an application moved on behalf of the accused, whereby he had prayed for his discharge. At about 3.45 p.m. on that day, Sri Ram Bharose Lal Agarwal appeared on behalf of the complainant and started making argument addressing the court in a highly disrespectful manner. Sri Singh in the reference quoted the words allegedly used by Sri Agarwal :The file was pending in vacant court of III ACJM, the same has been recalled by this court and this court under what circumstances and why, I do not know why. The reference further stated that Sri Agarw...
State of U.P. Vs. Mohar Singh
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998(3)AWC2049
R. K. Mahajan, J.1. This Judgment will dispose of aforesaid two first appeals arising out of the same notification and acquisition is also for the same purpose.2. First Appeal No. 1176 of 1990, has been filed by the State of U. P. against the award dated 22.8.1990 passed by Sri Sudhir Kumar, VIIth Additional District Judge, Muzaffarnagar for quashing the same. First Appeal No. 59 of 1991, has been filed by Shri Mohar Singh against the aforesaid award for enhancement of the claim from Rs. 5,800 per bigha to Rs. 12,000 per bigha. The First Appeal No. 59 of 1991, has arisen as Mohar Singh was not satisfied with the claim of Rs. 5.800 per bigha which was awarded by the Additional District Judge vide order dated 22.8.90 on a review application under Section 150. C.P.C. read with Section 28(A) of Land Acquisition Act, 1894 (hereinafter referred to as the Act).3. It appears that a big chunk of land measuring 2,064 Bighas 14 Bis was 19 Biswansi was acquired in village Jalalpur, Behra, district...
Rajeev Lochan Pandey Vs. District Judge, Allahabad and Others
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998(3)AWC2063
D.K. Seth, J.1. On an application under Order XXXIX, Rule 2A of the Code of Civil Procedure Misc. Case No. 33 of 1991, before the learned Additional Civil Judge (Senior division) Allahabad was registered. By an order dated 22.9.1997 the satd Misc. case was decided against the petitioner holding that he is guilty of violating the order of status quo passed in Original Suit No. 419 of 1989 on 4.10,1989 and, therefore, he was punished by way of Civil Imprisonment of fifteen days. Misc. Civil Appeal No. 271 of 1997 was preferred by the petitioner. The learned District Judge. Allahabad by an order dated 8th May, 1998 dismissed the said appeal and thereby affirmed the order passed by the learned Civil Judge, Senior Division. This order has been challenged in this writ petition.2. Sri R. N. Singh, learned senior counsel, appearing on behalf of the petitioner contends that the said order is wholly perverse. Since it has not interpreted the scope and extent of the order of status quo and has al...
Vijai Kumar Bhalla Vs. District Judge, Bharaich and Another
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998(3)AWC2216; (1999)IILLJ216All
S.H.A. Raza, J. 1. Vijai Kumar Bhalla, the workman, preferred six applications purporting to be given under Section 15(2) of the Payment of Wages Act claiming his wages for different periods against the Co-operative Bank, Bahraich, before the Prescribed Authority under the Payment of Wages Act, 1936. The wages for different periods were allowed by the Prescribed Authority. The Prescribed Authority issued a direction that a sum of Rs. 6.314.76 be paid to the petitioner by the Bahraich District Co-operative Bank Ltd., Bahraich as wages of the employee and the equal amount of wages to the tune of Rs. 6,314.76 be paid as penalty. A sum of Rs. 7.50 as court fee and a sum of Rs. 150 as cost of the cases, meaning thereby that a total sum of Rs. 12,787.02 was payable under the directions issued by the Prescribed Authority.2. The employer Bahraich District Co-operative Bank Limited, Bahraich preferred a time-barred appeal under Section 19(1) of the Payment of Wages Act along with an application...
Shiv Datta Garg Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998(3)AWC2397
1. Ravi S. Dhavan, J.--By this petition the petitioner finds himself aggrieved in not being able to perform a contract for collecting passenger tax within the municipal limits of the newly created district Chhatrapati Shahujt Maharaj Nagar. The petitioner is seeking a direction by a writ of mandamus that the District Magistrate, the Additional District Magistrate and the Nagar Palika Parishad, Cnitrakut Dham. Karvi, district Chhatrapati Shahuji Maharaj Nagar, be restrained from interfering in the petitioner's realising the entry tax on the basis of an accepted auction bid, as the highest bidder. On this circumstance, there is no issue. The Court is of the opinion that such a writ ought not to be issued for no other reason than that it may not he possible for the Court to monitor the functioning of the contract, more so after the respondents have circumvented, failed and frustrated the contract of collecting tolls at the toll barriers. But this may not be misunderstood that the petition...
Smt. Shyama Devi Vs. Viith Additional District Judge, Allahabad and Ot ...
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998(4)AWC485
D.K. Seth, J. 1. In this writ petition, Mr. Ravi Kant, learned counsel for the petitioner has sought for quashing the proceeding of Suit Wo. 23 of 1978, Raghuraj Prasad v. Smt. Shyama Devi, pending in the Court of Additional Civil Judge, Junior Division, VIIIth Court, Allahabad on the ground that the suit is frivolous and patently it appears on the face of it is not maintainable. However, Mr. Ravi Kant very fairly conceded that this point was never taken in the Court below, on the other hand only when the application for amendment has been allowed and the revision thereout was dismissed, the present application has been filed.2. In order to appreciate the contention of Mr. Ravi Kant, learned counsel for the petitioner, it is necessary to briefly refer to the facts of the case.3. It is alleged that the suit property was recorded in the name of one Ram Narain in the records of the Nagar Mahapalika. The said Ram Narain died on 24.7.1959. The name of respondent No. 3 herein was recorded in...
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