Allahabad Court May 1998 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
i.T.i. Ltd., Naini, Allahabad Vs. District Judge, Allahabad and Others
Court: Allahabad
Decided on: May-15-1998
Reported in: 1998(3)AWC2244
S.R. Singh, J.1. Present petition has its advent to this Court begging answer to the question whether the Additional District Judge is a Court within the meaning of Section 2(e) of the Arbitration and Conciliation Act, 1996 and if not, can the District Judge transfer the application moved for setting aside the Arbitration Award under Section 34 of the said Act.2. The minimal facts as bear on the controversy involved in this petition, are that the petitioner is a Government of India Undertaking and company engaged in the business of manufacture, sale and supply of telephones and transmission equipments, apparatus and other allied components and M/s. K.V. Electronics (respondent No. 3) was engaged in the venture of supplying various components and assemblies of telephones and transmission equipments to the petitioner as per indents [purchase and supply orders) issued from time to time by the petitioner. It transpires that a dispute between the petitioner and the third respondent arose in...
Kumari Tarannum Banu Vs. Regional Secretary, Madhyamik Shiksha Parisha ...
Court: Allahabad
Decided on: May-15-1998
Reported in: (1998)3UPLBEC1705
B. Dikshit, J.1. Standing Counsel initially stated that record in this case stands weeded out on 3.1.1998 but immediately thereafter he said that one weeks time to be granted to ascertain correct position. As the Standing Counsel wants to ascertain correct position, let the case be listed for admission on 25.5.1998.2. This Court has been observing for some time past that records are weeded out soon after determination of proceedings for use of unfair means by Madhyamaik Shiksha Parishad, U.P. Similarly, in matters, where scrutiny is applied by students, the Madhymaik Shiksha Parishad, U.P. is weeding out record soon after declaration of result or scrutiny. It is being abserved that the Madhyamaik Shiksha Parishe, U.P. is not Keeping the relevant record even for a reasonable period after determination of proceedings of unfair means or declaration of result in respect of scrutiny, the outcome of which is that when its action is challenged in Court then it is unable to produce the record ...
Sri NaraIn Das Vs. Iind Addl. District Judge, Moradabad and Another
Court: Allahabad
Decided on: May-14-1998
Reported in: 1998(3)AWC2071
D.K. Seth, J.1. An alleged will was sought to be introduced under Order XLI. Rule 21 in Appeal No. 27 of 1993 pending before the learned Additional District Judge, IInd Court, Moradabad, arising out of a decree passed in Original Suit No. 207 of 1977. By an order dated 1.4.1998 passed by the learned Additional District Judge in the said appeal, the application moved in this regard was rejected. This order is under challenge in the present writ petition.2. Mr. Rajesh Tandon, learned counsel for the petitioner, contends that the learned lower appellate court had illegally exercised his jurisdiction in rejecting the said application in the facts and Circumstances of the case. According to him, acceptance of additional evidence (s a rule and refusal is an exception. In order to decide the question at issue such evidence should have been allowed. He relies on a decision in the case of Jaipur Development Authority v. Smt. Kailashwati Devi, 1997 SC and FBRC 386. He further contends that it wa...
Smt. Nirmala Kumari Vs. District Judge, Mainpuri and Others
Court: Allahabad
Decided on: May-14-1998
Reported in: 1998(3)AWC2138; II(1998)DMC696
D.K. Seth, J.1. By an order dated 17.4.1998 passed by the learned District Judge, Mainpuri. In Civil Revision No. 58 of 1998, while dismissing the revision, had confirmed the order dated 17.1.1998, passed by the learned Civil Judge (Senior Division), Mainpuri deciding the issue No. 3, tried as a preliminary issue to the extent that the said issue Involves determination of disputed question of fact through evidence that might be led at the time of hearing of the suit, and, therefore, this Issue of jurisdiction should be decided along with other issues on merits at the time of hearing of the suit itself. This order is under challenge in this petition.2. Mr. N. Lal, learned counsel for the petitioner contends that the jurisdiction of the Court in respect of the present suit filed under Section 9/13 of the Hindu Marriage Act is provided in Section 19 of the Hindu Marriage Act. By reason of Section 19 of the said Act, such petition can be filed only in the Court having jurisdiction where th...
Sharda Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-1998
Reported in: 1999CriLJ1880
S.K. Phaujdar, J.1. Through the present writ petition the petitioner sought for a writ of mandamus upon the officers of the police station at Tindwari, district Banda, for directing them not to harass the petitioner or his family members by making any raid or search in the late hours of the night. The further prayer was made for a command upon the first three respondents to take action against Sri Bansi Lal Savita, the then Station House Officer, Tindwari, Banda, after an enquiry by C.B.C.I.D. in the matter. The petitioner also prayed for adequate compensation for unnecessary inroads into his privacy by the aforesaid Bansi Lal Savita without any reason.2. Bereft of the unnecessary details, it was the case of the petitioner that he was a respectable agriculturist of the area and certain persons were having some ill-feeling against him and they tried to take over forcible possession of some land of the petitioner. A report was made to the Tindwari police station on 23-9-95, but no action...
Scooters India Ltd. Vs. Labour Court and Another
Court: Allahabad
Decided on: May-13-1998
Reported in: 1999(1)AWC524
S.H.A. Raza, J.1. The services of the workman respondent No. 2 were terminated in view of the Standing Order 9.3.12- The Standing Orders are being reproduced as hereunder :'9.3.12. Any workman who remains absent, from duty without leave, in excess of the period of leave originally sanctioned or subsequently extended for more than 10 consecutive days, he shall be deemed to have left the services of the Company of his own accord, without notice, thereby terminating his contract of service with the Company and his name will, accordingly, be struck off the rolls.'Thereafter an industrial dispute was raised by the workman. The Presiding Officer of the Labour Court at Lucknow in its award held that the termination of the petitioner's services amounted to retrenchment in the eye of law and he must be deemed to be continued in service and he is entitled for full back wages.2. Being aggrieved against the award of the Labour Court, the employer Scooters India Limited has filed the present writ p...
islam Jung and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-13-1998
Reported in: 1998(2)AWC1501
R. R. K. Trivedi and D. K. Trivedi, JJ.1. In this petition, counter and rejoinder-affidavits have been exchanged. Learned counsel for the parties have agreed that this petition may be disposed of finally at this stage.2. The facts giving rise to this petition are that the election of Nagar Palika Parlshad, Kandhia, district Muzaffarnagar was held on 24.11.1995 in which Smt. Tahira Begum was elected as Chairman. Election of the Vice-President took place on 22.3.1997. Chairman, Smt. Tahlra Begum left India on 26.2.1998 for her Haj pilgrimage. During her absence, the term of one year of the Vice-President expired on 22.3.1998. As the Chairman of the Nagar Palika Parishad was away from the country, the District Magistrate, by order dated 23rd March. 1998 appointed Dy. District Magistrate, Budhana as the Administrator of the Nagar Palika Parishad. A copy of the order has been filed as Annexure-'3' to the writ petition. The order is in Hindi, the relevant extract of which translated in Engli...
Prashidh Singh Chauhan and Others Vs. Additional Judge Small Causes Co ...
Court: Allahabad
Decided on: May-13-1998
Reported in: 1998(3)AWC1778
D.K. Seth, J.1. The opposite party Nos. 3 and 4 had filed a suit being Original Suit No. 145 of 1996 before Civil Judge. Junior Division, Chakla Varanasi. In connection with the said suit, an application for temporary injunction was filed. By an order dated 11.9.1997 temporary injunction was granted. Appeal being Civil Misc. Appeal No. 225 of 1997 was filed by the defendants. The appeal was dismissed by an order dated 20.3.1998 passed by the Additional Judge, Small Causes Court. These are the orders under challenge.2. Learned counsel for the petitioner Sri R.J. Singh contends that opposite party No. 3 Smt. Piyari Devi, has been claiming interest over the property by virtue of will executed in her favour on 31.1.1973 whereas petitioner-defendant claiming interest over the property by virtue of Will dated 25.3.1973 executed by the same person. According to him, it is an established principle of law that the last will shall prevail.3. He further contends that the petitioners having been i...
Lokumal Topan Dass and anr. Vs. Allahabad Bank and ors.
Court: Allahabad
Decided on: May-13-1998
Reported in: AIR1998All398
ORDERO.P. Garg, J. 1. This revision application is directed against the order dated 2-4-1998 passed by Sri V.B. Rai, Vth Additional District Judge, Etawah rejecting the applications paper Nos. 34-Ka, and 42-Ka, moved by the defendant revisionist in suit Nos. 97 of 1996 and 99 of 1996 instituted by Allahabad Bank for recovery of Rs. 6136,671.18P and Rs. 1,75,95,489.45P respectively. It was alleged by the defendant-revisionist in the aforesaid applications that an agreement/compromise has been arrived at between them and the plaintiff-Bank and on the basis of the alleged compromise a decree may be passed in accordance there with by invoking the provisions of Order XXIII, Rule 3, CPC and accordingly the two suits be decided. The plaintiff-Bank filed objections and denied the factum of compromise/agreement. After taking into consideration the affidavits, correspondence and circumstances of the case, the Court below has come to the conclusion that it is proved that a compromise/agreement wa...
Raj Bahadur Singh and anr. Vs. State of U.P.
Court: Allahabad
Decided on: May-13-1998
Reported in: 1999CriLJ1056
B.K. Sharma, J.1. Heard counsel.2. This is an appeal against the judgment and order dated 26-11 -1988 passed by Shri V.K. Jain, the then Additional Sessions Judge, Etah in S.T. No. 167 of 1987 (State v. Raj Bahadur and Ors.), whereby he convicted accused-appellants Raj Bahadur Singh and Ram Nath Singh for the offence under Section 302 read with Section 34 I.P.C. and sentenced their) to suffer R. I. for life,3. The deceased in the present case is Shri Pal Singh. Vijendra Singh informant (PW 1) was his son. Raj Bahadur Singh and Ram Nath Singh accused-appellants are real brothers inter se. Their brother Ashok Singh was also named in the F.I.R. in the present case but he was absconding during the investigation and so the present accused-appellants only were charge-sheeted and committed to the Court of Session and were tried by the Additional Sessions Judge about the murder of the deceased as aforesaid, Narendra Singh (PW 2) was anther mid of the deceased. Ail these persons were residents ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »