Allahabad Court September 1998 Judgments
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Subhash Chand Vs. Collector, Etawah and Others
Court: Allahabad
Decided on: Sep-23-1998
Reported in: 1999(1)AWC582
R.K. Mahajan, J.1. This writ petition has been filed for issuance of a writ in the nature of certiorari quashing the certificate for recovery (Annexure-1 to the writ petition) issued by Atirikt Mukhya Adhikari, Zila Parishad. Etawah in respect of Theka Transport Tehbazari, Vedpura Cattle Market 1986-87.2. The main question which arose for consideration is whether the contract dues (contract money) in auction bid accepted in favour of the petitioner for collecting money on account of fee realised for loading and unloading of the trucks in cattle fair held in the Zila Parishad land vested in the Panchayat can be recovered as arrears of land revenue, and can in such circumstances writ of certiorari be issued for quashing of request made by respondent to realise the amount through the Collector as arrears of land revenue or should the petitioner resort to filing of a civil suit.3. It appears that Mukhya Adhikari, Zila Parishad. Etawah published an auction notice for the Theka of Transport ...
Smt. Urmila Devi Vs. Pooran Chand Dabar and Others
Court: Allahabad
Decided on: Sep-23-1998
Reported in: 1999(1)AWC655
B. Dikshit, J.1. This is an appeal against order dated 18th August, 1998 passed by Civil Judge, Agra by which an order of injunction issued earlier has been vacated.2. The brief facts of the case are that one Smt. Kanak Lata and plaintiff/appellant Smt. Urmila Devi jointly purchased a piece of bhumidhari land consisting of plot No. 425/area one bigha and 426 Minjumla/seven biswa situate in Mauza Gehrana Mustqll pargana and tehsil Agra in the year 1965 having equal share. Out of the said area of one bigha seven biswa, seven biswa of plot No. 426 and five biswa of plot No. 425 was acquired by Rig. Division of Irrigation Department for which compensation was paid to the appellant and Smt. Kanak Lata leaving 15 biswa of plot No. 425/1 with Smt. Urmila Devi and Smt. Kanak Lata. Smt. Kanak Lata by a sale deed dated 2.4.1986 sold 7.5 biswa of said land to defendant/respondents Pooran Chand and Abhay Gupta, which is equivalent to her share in whole of the plot. When Pooran Chand and Abhay Gupt...
Krishan Swaroop Gupta and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Sep-23-1998
Reported in: 1998(4)AWC62
B.K. Roy and R.K. Mahajan, JJ.1. The petitioners have come up with a prayer to quash the order dated 28.1.1998 passed by the Tariff Advisory Committee (Respondent No. 6) as contained in Annexure-3 revising the motor insurance third party premium of all classes of vehicles with effect from the dates mentioned therein.2. Sri U. C. Mishra. learned counsel appearing on behalf of the petitioners, contended that several writ petitions have been admitted by this Court In which interim orders have also been passed staying the operation of the impugned order and. therefore, we should also admit this writ petition and stay the operation of the impugned order.3. A Division Bench of the Calcutta High Court in F.M.A. No. 306 of 1977 with C.O.T. No. 18084 of 1997. W.P. No. 4260 (W) of 1998 and 5278 (W) of 1998 vide judgment dated June 26. 1998 has already upheld the validity of the Impugned order.4. We may also point out that the Apex Court had on earlier occasion considered somewhat a similar order...
Canara Bank Vs. Lakshmi NaraIn Rajiv Kumar and Others
Court: Allahabad
Decided on: Sep-23-1998
Reported in: 1998(4)AWC167
R.K. Mahajan, J.1. This revision petition has been filed against the order dated 16.2.1991, passed by Additional Civil Judge, Etah by virtue of which proceedings in O. S. No. 154 of 1989, Canara Bank v. M/s. Lakshmi Narain Rqjiv Kumar and others, are stayed in the trial court, during the pendency of the criminal proceedings under Sections 420, 467, 468 and 120, I.P.C.2. It appears that plaintiff-revisionist filed a suit for recovery of Rs. 16,33.841.30 in the trial court against the respondents alleging that defendant-respondents had taken payment of the said amount against the forged 'Hundies'. The trial court stayed the proceedings in the civil suit on the ground that a criminal complaint has been filed under Sections 420, 467, 468 and 120, I.P.C. against the bank regarding the same amount.3. I have heard the counsel for the parties.4. Mr. R. S. Maurya, learned counsel for the revisionist has submitted that the order of the trial court has been passed in the illegal exercise of juris...
U.P. State Sugar Corporation Vs. Ram NaIn Singh and ors.
Court: Allahabad
Decided on: Sep-23-1998
Reported in: (1999)ILLJ814All
R.K. Mahajan, J. 1. The petitioner has moved the present writ petition seeking following reliefs :-'(i) issue a writ of mandamus commanding the respondents not to enforce or give effect to the notification dated July 15, 1982 issued by the State Government.(ii) issue a writ of mandamus commanding the respondent No. 2 not to proceed with or decide the application moved by respondent No. 1 which has been made on the basis of the notification dated July 15, 1982.' 2. It appears that the petitioner is a Sugar Mill known as Madho Mahesh Sugar Company Limited at Munderwa Bazar in district Basti. It was acquired by the State of U.P. under the provisions of U.P. Sugar Undertakings (Acquisition) Act, 1971 and stood transferred and vested with the U.P. State Sugar Corporation Limited free from any encumbrances on October 28, 1984. The respondent No. 1 after attaining the age of superannuation from service retired on August 1, 1984. It may be mentioned at this stage that the U.P. Government on Ju...
Smt. Mehar Jahan Vs. J.S.C.C./Prescribed Authority, Meerut and Another
Court: Allahabad
Decided on: Sep-22-1998
Reported in: 1999(1)AWC200
J. C. Gupta, J.1. Heard Sri Pramod Kumar Jain counsel appearing for the petitioner. Sri Pankaj Mittal appears for the respondent No. 2 and he has also been heard.2. By Means of this writpetition, the petitioner has prayed fora writ of certtorari quashing the orders dated 7.8.92 and 15/16.9.98 passed by respondent No. 1.3. Facts relevant for this writ petition may be stated in brief. The landlord-respondent No. 2 moved an application under Section 21 (1) (a) of U. P. Act No. XIII of 1972, (hereinafter referred to as the 'Act').The petitioner-tenant filed written statement denying the landlord's need. Parties adduced evidence on affidavits. However, thereafter the petitioner entered into compromise with the landlord admitting therein that the need of the landlord for additional accommodation was genuine and bona fide. She also undertook to vacate the premises in question by 31.12.1995 to which the landlord also agreed, it was also provided in the compromise that if the petitioner failed ...
Smt. Chamno Devi Vs. Shankar
Court: Allahabad
Decided on: Sep-22-1998
Reported in: 1999(1)AWC208
A.K. Banerji, J. 1. This second appeal by the plaintiff-appellant is directed against the Judgment and decree passed by the lower appellate court allowing the defendant's appeal and dismissing the plaintiffs suit for declaration and cancellation of the sale deed dated 26.3.1976.2. The relevant facts in brief are that one Raje, father of the plaintiff had executed a registered Will dated 16.6.1975 in respect of his properties. It was stated therein that as long as the testator was alive, he would continue to remain owner of his properties. After his death, his wife Smt. Ram Kali shall become the owner (Malik) of the said properties and after the death of Smt. Ram Kali, his only daughter Smt. Chamno Devi would become the owner with proprietary rights. The case of the plaintiff was that her mother Smt. Ram Kali had been given only a life estate in the properties left by her father Raje and the ultimate owner of the properties was the plaintiff.However, the mother of the plaintiff, namely....
Shankar Lal Khandelwal Vs. Ivth Addl. District Judge, Mathura and Othe ...
Court: Allahabad
Decided on: Sep-22-1998
Reported in: 1998(4)AWC838
Sudhir Narain, J.1. This writ petition is directed against the order dated 19.11.1997 passed by the prescribed authority respondent No. 2, whereby it allowed the application of respondent No. 3 under Section 21 of U. P. Urban Buildings [Regulation of Letting, Rent and Eviction) Act. 1972 (in short referred to as the Act), releasing the disputed accommodation in favour of respondent No. 3. and the order dated 26.5.1998 passed by IVth Additional District Judge, Mathura, respondent No. 1 affirming the aforesaid order in appeal.2. The facts of the case in brief are that petitioner is tenant of premises, the old number of which is 168 and new number is 216. The premises in question is situated at Dalpat Khirki, Holi Wall Gali, Mathura. Respondent No. 3 filed application for release of this accommodation on 27.1.1994 on the allegation that the accommodation in dispute was let out to the petitioner on monthly rent of Rs. 250 per month at the time when he was 20 years of age and he was not mar...
Dinesh Kumar Mishra Alias Hira Sahab Mishra Vs. Mirzapur Urban Co-oper ...
Court: Allahabad
Decided on: Sep-21-1998
Reported in: 1999(1)AWC76; (1999)1UPLBEC422
B.K. Roy and J.C. Mishra, JJ.1. Heard Sri H, N. Tripathi, learned counsel appearing on behalf of the petitioner who has come up with a prayer to quash Bye-law No. 31 framed by the Mirzapur Urban Cooperative Bank Limited, Mirzapur.2. Even though we proceeded to hear him for about twenty five minutes by now, he falls to show that it is contrary to any statutory Rule or any section of the Co-operative Societies Act, He vaguely refers to certain judgment of the Hon'ble Supreme Court to support his proposition without pointing out his fingers to such a judgment of this Court or Hon'ble Supreme Court.3. On the contrary. Sri H. R. Mishra, learned standing counsel relied upon a judgment of the Supreme Court fn Co-operative Central Bank Limited and others v. Additional Industrial Tribunal. Andhra Pradesh, Hyderabad and others, AIR 1970 SC 245. to support his contention that unless a particular Bye-law is contrary to the Act or the Rules framed thereunder, it cannot be struck down as ultra-vires...
Daya Shankar and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-21-1998
Reported in: 1999(1)AWC494
B. Dikshit and N.S. Gupta, JJ.1. This writ petition is directed against acquisition of petitioners' plots under the provisions of Land Acquisition Act (in short 'Act') for the purpose of construction of building of a college, namely. Smt. Dropadi Devi Kanya Degree College, Khajani, Gorakhpur (in short 'Institution'). As all the parties are represented through counsel and counter-affidavit as well as rejoinder-affidavit stand exchanged, the writ petition is being finally disposed of at the stage of admission in accordance with Rules of the Court.2. The facts relevant for the purpose of resolving present controversy are that Writ Petition No. 36990 of 1995 was filed by present petitioners with one Jai Narain in respect of land in dispute. The petitioners' case is that the writ petition was filed for the reason thatthe then Chief Minister of Uttar Pradesh came for laying down foundation stone of institution's building due to which they apprehended that their possession will be disturbed w...
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