Allahabad Court April 1999 Judgments
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Birinda Prasad Srivastava Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-19-1999
Reported in: 1999(3)AWC2046
R.H. Zaidi and R.P. Nigam, JJ. 1. By means of this writ petition, the petitioner prays for issue of a writ of certiorari quashing the order dated 24.9.1984 passed by opposite party No. 3 terminating the services of the petitioner and the judgment and order dated 6.6.1988 passed by U. P. Public Services Tribunal rejecting the claim petition of the petitioner.2. It appears that the petitioner was appointed as Lekhpal in officiating capacity in the vacancy caused by promotion of Srt Babu Lal to the post of Consolidator in officiating capacity on 16.12.1982. Thereafter several persons, namely, Sri Sant Ram. Sri Bhudev, Sri Chander Bhan Singh. Sri Brijesh Kumar and Sri Krishan Swarup Sharma were appointed as consolidation lekhpals in the department. It was on 4.9.1984 that Babu Lal was promoted to the post of consolidator in district Aligarh as it is evident from Annexure-2 to therejoinder-affidavit. On 24.9.1984. the services of the petitioner were terminated. It was also stated that order...
JalaluddIn Vs. Superintendent of Police and anr.
Court: Allahabad
Decided on: Apr-19-1999
Reported in: 1999CriLJ4662
ORDER1. The petitioner has come up with a prayer to command the Respondents to close History-Sheet No. 58-A, dated 31-5-1979, Police Station Kairana, District Muzaffar Nagar opened by them against him.2. The petitioner claims as follows:-He is a political and social worker. He was elected as the president of the Kairana Block Congress (I). In the year 1986 this History-sheet was opened against him on the ground that he was involved in Crime Case No. 5 of 1974, under Section 392, I.P.C. The aforesaid crime case gave rise to Crime Case No. 338 of 1978 which resulted in his acquittal vide judgment dated 23-7-1979 of 1st Additional Munsif Magistrate, Saharanpur, as contained in Annexure 1. He filed Writ Petition No. 9457 of 1986 before this Court for questioning the History Sheet, which was dismissed vide order dated 18-8-1987 on the ground that there are no allegations in the writ petition that he is awakened by the police in night or any surveillance is kept on him. On account of continu...
Steel Authority of India Ltd. Vs. Harbhajan Singh and ors.
Court: Allahabad
Decided on: Apr-19-1999
Reported in: 1999CriLJ3372
ORDERB.K. Sharma, J. 1. This is a revision against the order, dated 13-10-1995 passed by Sri Chaturbhuj, the then 1st Additional Chief Judicial Magistrate, Ghaziabad in Criminal Complaint No. 2263 of 1995, Steel Authority of India v. Harbhajan Singh insofar as it refused to summon the present Opp. Parties 1 to 5 and dropped the proceedings against them.2. 1 have heard the counsel for the parties and have also gone through the record.3. The revisionist Steel Authority of India Ltd. filed Criminal Complaint No. 2263 of 1995 before the A.C.J.M. Ghaziabad against Har Bhajan Singh, Deepak Singh, Mohinder Singh, S. K. Bansal, S. K. Agrawal, Narendra Agrawal and Atma Steels Ltd., a Company registered under the Companies Act under Section 138 read with Section 142 of the Negotiable Instruments Act, 1985 alleging that it supplied steel material to the said Company worth Rs. 16,68,71,100.00, that against it only a sum of Rs. 12,95,00,297.00, had been paid and that despite repeated request and re...
Ram Swarup Vs. State of U.P.
Court: Allahabad
Decided on: Apr-19-1999
Reported in: 1999CriLJ3726
ORDERB.K. Sharma, J.1. This is a revision against the judgment and order dated 4-9-1982 of Sri Parduman Kumar, the then VIII Addl. Sessions Judge (Higher Criminal Court), Badaun whereby he dismissed Criminal Appeal No. 236 of 1981 preferred by accused Ram Swarup against the judgment and order dated 26-9-1981 passed by Sri B. B. Agrawal, the then Assistant Sessions Judge, Badaun in S.T. No. 80, of 1980 convicting the accused-revisionist for the offence under Section 376, I.P.C. and sentencing him to undergo rigorous imprisonment for a period of two years.2. The prosecution story was that Ram Swarup Accused-revisionist was a partner in agriculture of Smt. Indira, a widow, that on 28-4-1978, in, the evening time at about sun-set accused-revisionist Ram Swarup went to the house of above mentioned Smt. Indira and asked her to accompany him so that common Bhusa could be divided; that Smt. Indira sent her daughter Km. Champa prosecutrix, aged about 14-15 years along with the accused-revisioni...
Bank of India Vs. Devendra Singh and Others
Court: Allahabad
Decided on: Apr-17-1999
Reported in: 1999(3)AWC2117
N.K. Mitra, C.J. and S.R. Singh, J. 1. This special appeal is directedagainst the judgment dated 14.8.1996 by which the learned single Judge was disposed of the writ petition attended with the following clarification : 'It is thus clarified that neither the petitioners shall be arrested nor their immovable property including the Tractor will be auctioned. Straightway, the sum outstanding against the petitioners will be recovered by attachment and sale of immovable property recorded in their names in the khatauni situated in village Manpur. Rampur, Hadha, Naipura district Barabanki.'2. The petitioner had taken certain loan from the appellant Bank which was repayable in certain instalments. It appears that the petitioners defaulted in making payment of instalments as a result of which the proceeding for recovery was initiated. Thereafter, the writ petition giving rise to this Special Appeal, was filed for issue of a writ of mandamus commanding the Recovery Authorities to recover the dues...
Shri Ram Awasthi Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-17-1999
Reported in: 1999(3)AWC2197
R. H. Zaidi, J. 1. Present appeal filed under Section 54 of the Land Acquisition Act, (hereinafter for short 'the Act'), read with Section 64 of U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 is directed against the judgment and decree dated 10.10.1984 passed by U. P. Avas Evam Vikas Parishad Tribunal, Lucknow accepting reference under Section 18 of the Act and awarding compensation @ Rs. 2.50 paise per sq. ft., along with 12% additional market value from the date of notification to the date of possession with 30% solatium and 9% and 15% interest and costs.2. Brief facts of the case giving rise to the present appeal are that a notification under Section 28 of U. P. Avas Evam Vikas Parts had Adhiniyam, 1965 (for short the Act), was published on 25.8.1973, whereby the land of appellant which consisted of three plots Nos. 151 m., 154 m. and 156 m., measuring 10 Bigha, 10 Biswansi, 17 Biswansi and 10 Kachwansi (2,87,063 sq. ft.) situated at village Shekhapur, district Lucknow, (for short t...
Umesh Chandra Sharma and ors. Vs. Chairman, U.P. State Electricity Boa ...
Court: Allahabad
Decided on: Apr-17-1999
Reported in: (1999)2UPLBEC1589
D.K. Seth, J.1. The petitioners were transferred by an order dated 29-7-98 from Badaun to Bareilly. In the said order, the petitioner, who was a Junior Meter Tester, was proposed to be transferred and posted as Sub-station Operator. The said order was challenged by means of a Writ Petition No. 30866 of 1998 on various grounds which was disposed of by directing the authority concerned to consider the petitoner's representation. The representation was considered and the petitioner was permitted to remain attached to the same post at Badaun till 31-3- 1999. Thereafter, an order dated 8-4-1999 has been passed reviving the order dated 29th July, 1998. These two orders 29th July, 1998 and 8th Apriul, 1999 have since been challenged in this writ petition.2. Smt. Anita Tripathi, learned Counsel for the petitioner contends that once the order was subjected to a proceeding and the representation was directed to be considered, the said order lost its force and cannot be revived. She further conte...
Baldev Singh Vs. Iiird Addl. District Judge, Etah and Another
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(2)AWC1560
Sudhir Narain, J.1. This writ petition is directed against the order of respondent No. 1 whereby he allowed the appeal filed by the landlord-respondent No. 2 and released the shop in question in his favour under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (In short the Act).2. Briefly stated the facts are that respondent No. 2 filed release application under Section 21 (1) (a) ofthe Act against the petitioner for release of the shop in dispute on the ground that he retired as Principal of the college and the pension which he was receiving was not sufficient to meet his requirements. He wants to carry on the business of general merchandise in the shop in question to augment his income. The application was contested by the petitioner denying that the need of respondent No. 2 is bona fide. He has huge property in Kasganj and gets substantial amount of money as rent from the aforesaid property besides his pension etc. It was further stat...
Mool Chand and Another Vs. Sri. Gopal
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(2)AWC1677
Sudhir Narain, J. 1. This appeal is directed againsl the Judgment and decree passed by the trial court and the appellate order affirming the said judgment in appeal.2. The plaintiff-respondent filed suit for partition of one half share in the disputed house on the allegation that Nanhku Lal had two sons, namely, Ram Lal and Sunder Lal. Sri Gopal, the plaintiff, is the son of Ram Lal. Mool Chand is son of Sunder Lal. He alleged that both of them have equal shares in the house in dispute. The defendant-appellants contested the suit denying the relationship as alleged by the plaintiff. They stated that the plaintiffs mother was married to one Nand Ram in Farrukhabad and the plaintiff was son of Nand Ram. Jillur Rehman Khan Zamindar was the owner of theland. He had given the land to Sunder Lal for residence. He constructed kachcha hut for residence and after the death of his father, the defendants constructed pucca room and they are residing there as owners. The plaintiff never resided nor...
Modi Industries Ltd. Vs. Nagar Palika, Modinagar and Others
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(2)AWC1739
R.K. Agarwal, J.1. By means of the present writ petition, i.e., Civil Misc. Writ Petition No. 488 of 1996, the petitioner M/s. Modi Industries Ltd., Modi Nagar, district Ghaziabad seeks a writ, order or direction in the nature of certiorari quashing the impugned demand notice dated 5.7.1996 (contained in Annexures-7 and 8 to the writ petition). The petitioner further seeks a writ of mandamus restraining the respondents, their servants, employees or agents from recovering in any manner, the amount of Rs. 34,90,195.20 p. in pursuance of the impugned demand notice dated 5.7.1996.2. The facts in brief are that the petitioner, which is a Public Ltd. Company incorporated under the provisions of the Companies Act, has its registered office at Modinagar in the district of Ghaziabad. It has 9 units, namely, Sugar, Steel rods, 'Wire, Vegetable, Electrodes, Gases. Chemicals Distillery, Soap. Paints and Lanterns. The petitioner possessed and owned vast properties at Modinagar. The respondent No. 1...
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