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Allahabad Court January 2000 Judgments

Jan 31 2000

Smt. Renu Vs. Sanjai Singh

Court: Allahabad

Decided on: Jan-31-2000

Reported in: 2000(2)AWC988

R.K. Agrawal, J.1. The present appeal under Section 19 of the Family Courts Act, 1984 has been filed by Smt. Renu, wife of Sri Sanjay Singh, against the judgment and decree dated 18.3.1998 passed by the Family Court. Meerut, whereby the petition for divorce filed by the husband Sri Sanjay Singh has been decreed on the ground of cruelly. The Judge, Family Court. Meerut, while passing decree for divorce had directed the husband Sanjay Singh to return Hero Honda motorcycle. Washing Machine, Colour T.V., Double Bed and Steel Almirah to the appellant.2. The facts giving rise to the present appeal briefly stated are as follows :According to the plaintiff, his marriage was solemnised on 18.12.1994 with the appellant at Meerut. Despite being together, they did not have any issue. The plaintiff is the only son of his parents whereas the appellant is the eldest among the three sisters. According to the plaintiff, he got inflicted with certain disease called herpes sometimes after his marriage wh...

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Jan 31 2000

Kashi Krishi Carbonic Khad Udyog, Varanasi Vs. District Magistrate, Va ...

Court: Allahabad

Decided on: Jan-31-2000

Reported in: 2000(2)AWC1118; (2000)1UPLBEC644

G. P. Mathur and Bhagwan Din,JJ. 1. This bunch of writ petitions has been filed challenging the same order dated 31.7.1999 of General Manager. District Industries Centre, Varanasi, by which their registration as a Small Scale Industry was cancelled. Writ Petition No. 39767 of 1999 filed by M/s. Kashi Krishi Carbonic Khad Udyog, will be treated as the leading case.2. The case of the petitioner. in brief, is that it is a partnership firm which established a new unit for manufacture of 'Carbonic Khad', it was registered as Small Scale industry on 23.11.1998 by the General Manger, District Industries Centre, Varanasi, and its Registration No. is 08615. One of the essential material required for manufacture of Carbonic Khad is coal. On the application of the petitioner, it was Issued a Linkage Advice Letter for 1925 M. T. of Coal per month by the Coal India Limited (respondent No. 3). Thereafter, the unit started manufacturing of Carbonic Khad from 1.4.1999. Shortly, thereafter the General ...

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Jan 28 2000

Amar Nath Swami Vs. Ramdeo

Court: Allahabad

Decided on: Jan-28-2000

Reported in: 2000(2)AWC1110

D. K. Seth, J. 1. S.C.C. Suit No. 1 of 1998 was filed before the learned Civil Judge. Basti, who has Jurisdiction to try the Small Causes Court valued upto Rs. 25,000. Initially the said suit was valued at Rs. 22.485.30. Subsequently the valuation of the suit was amended to Rs. 29,836.67 exceeding the jurisdiction of the learned Civil Judge. Senior Division. On an application under Section 24 of the Code of Civil Procedure, (hereinafter referred to as the 'Code'), the learned District Judge by its order dated 16.11.1999 recalled the records of the suit and transferred the same to the Court of learned Additional District Judge. Basti, having jurisdiction to try the Small Causes Court Suit above Rs. 25,000. The said application under Section 24 of the Code was registered as Misc. Case No. 804 of 1999 in which the order dated 16.11.1999 was passed.2. Mr. R. N. Pandey, learned counsel for the applicant contends that the said order cannot be sustained on two grounds--first that the order wa...

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Jan 28 2000

National Federation of Blinds and Another Vs. State of U.P. and Others

Court: Allahabad

Decided on: Jan-28-2000

Reported in: 2000(2)AWC1234; (2000)3UPLBEC1879

S.H.A. Raza and R.D. Mathur, JJ.1. The only question, which needs to be determined by this Court is as to whether the Lucknow Development Authority while giving preference for allotment of plots and houses to blinds and other handicapped persons, should also accord concession in the rates of the land.2. Present petition has been filed by National Federation of Blinds, U. P. Branch, Lucknow and one Sri Dr. Pramod Kumar Singh, who is a Member and General Secretary of the Federation and has been working as Lecturer in Government Raza Post Graduate College, Rampur. In spite of the disability which Dr. Pramod Kumar Singh, petitioner No. 2 suffered, he obtained degree of Doctorate and has been performing the duties of lecturer imparting education to post graduate classes. Petitioner No. 2 had applied for allotment of a plot of land to be leased out to him under the scheme known as Shikshak Vihar, Jankipurarn Extension, Sitapur Road, Lucknow and deposited the requisite form along with the reg...

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Jan 27 2000

Narendra Singh Vs. Bhartendra Singh and Others

Court: Allahabad

Decided on: Jan-27-2000

Reported in: 2000(1)AWC719

D.K. Seth, J. 1. In a suit for declaration of title on the basis of registered deed for partition dated 23rd March. 1974 stated to have been acted upon between the parties, the defendant Nos. 1, 2 and 3 had filed a Joint written statement. Subsequently the defendant No. 4 son of Virendra Singh one of the defendant was added as a party and he had filed a separate written statement. He had sought to amend the said written statement which was refused by the learned Civil Judge, Kasganj, Distt. Etah by an order dated 3rd August, 1994 passed In O.S. No. 6 of 1979. The revision was dismissed by order dated 13th December. 1994 passed in Civil Revision No. 487 of 1994. Thereafter the defendant No. 3 filed an application for amendment which wasalso dismissed by the Impugned order dated 21st September. 1996. This order is since being challenged in this revisional application.2. Mr. Madhur Prakash, learned counsel for the appellant contends that the amendment sought for is in the nature of elucid...

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Jan 27 2000

Smt. Meena Bhandari Vs. Smt. Krishna Kumari and Another

Court: Allahabad

Decided on: Jan-27-2000

Reported in: 2000(1)AWC786

D.K. Seth, J.1. The order dated 2.11.1999 passed by the learned Additional District Judge VIth Court. Saharanpur in Misc. Case No. 21 of 1995 has since been challenged in this revision petition.2. The impugned order was passed on an application under Section 10 read with Section 151 of Code of Civil Procedure for stay of Misc. Case No. 21 of 1995 in view of pendency of O.S. No. 333 of 1S94. The said application under Section 10 is Annexure-5 to the said application in support of the revision petition. The prayer made in the said application was to the extent that further proceedings of Misc. Case No. 21 of 1995 should be stayed till the disposal of O.S. No. 333 of 1994 pending before the learned Civil Judge, Saharanpur.3. The present proceeding is a proceeding for probate of a will filed before the learned District Judge since been transferred to learned Additional District Judge. In the said order dated 2.11.1999 the learned Additional District Judge had pointed out that issues involv...

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Jan 27 2000

Prof. Chandra Prakash Jha and ors. Vs. Vice Chancellor, Allahabad Univ ...

Court: Allahabad

Decided on: Jan-27-2000

Reported in: (2000)2UPLBEC1134

M. Katju, J.1. This judgment covers all connected writ petitions in which similar point is involved.2. Heard Sri V.B. Upadhyaya, Sri Vijay Bahadur Singh, Sri Namwar Singh, Sri Ramesh Upadhyaya, Sri P.S. Baghel and Sri-A.K. Pandey, learned Counsel for the petitioners, and learned Advocate General as well as Sri Sabhaject Yadav learned Standing Counsel for the State Government, Sri R.G. Padia. Counsel for the Allahabad University, Sri Rajiv Joshi Counsel for the Central Government. Sri Pankaj Mittal, learned Counsel for the Agra University in one of the connected writ petitions. Sri Govind Saran. Counsel for Bundel Khand University. Sri L.P. Naithani learned Counsel in one of the connected writ petitions, Sri A.K. Singh, learned Counsel for Purvanchal University. Sri K.K. Parikh, Counsel for the Union of India and Sri R.N. Singh one of the interveners who has filed impleadment application in this petition.3. The petitioners have filed this writ petition and have prayed for issuance of a ...

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Jan 27 2000

Kanhaiya Lal Vs. State of U.P. and anr.

Court: Allahabad

Decided on: Jan-27-2000

Reported in: 2000CriLJ3886

ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicant and Shri A.K. Awasthi, learned counsel for the opposite party.2. The sole contention raised before this Court by Shri Pramod Bhardwaj, learned counsel for the applicant, is that the Magistrate was wholly incompetent to direct the police to register the case for investigation, on an application made before him under Section 156(3), Cr.P.C. for an offence which was punishable under Chapter XXI. The source of raising such an argument is provision contained, in Section 199, Cr.P.C. Section 199 of the Cr.P.C. contains as under :Prosecution for defamation - No Court ' shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 960) except upon a complaint made by some person aggrieved by the offence. Proviso appended to this provision which provides for a complaint by some other persons only if the aggrieved person is under the age of eighteen years, or is an idiot or a lunatic, or suffers fr...

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Jan 27 2000

Virendra Vs. State of U.P.

Court: Allahabad

Decided on: Jan-27-2000

Reported in: 2000CriLJ3917

ORDERS.K. Agarwal, J.1. This criminal appeal is preferred by appellant, Virendra against his conviction under Section 307, I.P.C. and consequent sentence of 5 years' R.I. and a fine of Rs. 2,000/-. In default of payment of fine 6 months' further R.I. was imposed on him by the judgment and order dated 16-8-1996 passed by the VII Additional Sessions Judge, Agra, Sri A. A. Siddiqui.2. Heard Sri Raghuraj Kishore, who has been appointed as amicus curie, and the learned A.G.A. for the State.3. The case of the prosecution, as set out in the F.I.R., is that on 10-8-1994 at about 9.30 in the night when the brother of the informant, Mahendra Pratap, was in the hotel of Phattoo for taking his food, a wordy dual between the appellant and Mahendra Pratap ensued. Abuses were also exchanged and when the victim, Mahendra Pratap, asked the appellant to desist from hurling abuses, the appellant is said to have whisked out a knife from his pocket and started assaulting him. The first knife blow was recei...

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Jan 25 2000

R.K. Dubey Vs. State of U.P. and Others

Court: Allahabad

Decided on: Jan-25-2000

Reported in: 2000(1)AWC713; (2000)1UPLBEC764

M. C. Jain, J.1. The petitioner retired from service on 31.12.1987. He was initially appointed as Naib Tehsildar in 1953 and was promoted to the post of Tehsildar in 1956. He was promoted as officiating Dy. Collector and his appointment was notified in the Gazette dated 23.3.1962. He was confirmed on the said post on 4.1.1975. As per G.O. dated 5.10.1985, he was allotted seniority of the recruitment year 1970 instead of 1961. He had earlier filed a Civil Misc. Writ Petition No. 13140 of 1992 which was decided on 21.2.1996 and it was directed that he would be assigned seniority of the year 1961 and would be given all the consequential benefits including the retiral benefit in accordance with law within a period of three months from the date of presentation of certified copy of the order before the authority concerned in the Government. The correctness of the said judgment was challenged by the State Government by means of special leave petition before the Supreme Court which was dismiss...

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