Allahabad Court May 2001 Judgments
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Rameshawar Nath Sinha Vs. Rajendra Prasad Dwivedi
Court: Allahabad
Decided on: May-25-2001
Reported in: 2001(3)AWC2054
Janardan Sahai, J.1. This appeal, as stated in the memorandum of appeal, has been filed against an order substituting the respondent No. 1/1 as a assignee/legal representative under Order XXII, Rule 10 of the Code of Civil Procedure in Civil Revision No. 258 of 1998. A question has arisen about the maintainability of the appeal.2. Shri Shyam Narain, learned counsel for the appellant contends that Order XLIII, Rule 1 (1) provides for an appeal against an order under Rule 10 of Order XXII giving orrefusing to give leave. His submission is that whether an order under Rule 10 of Order XXII is passed in a suit at the trial stage or whether it is in a pending appeal or revision, it would be appealable under Order XLIII, Rule 1 (1). The basis of his contention is that there are no words in Order XLIII, Rule 1 (1) limiting its application only to a suit and as such, on the plain language of the provision, the appeal is maintainable. In the present case, according to him, an order has been pass...
Sudarsh Awasthi Vs. Bank of India and ors.
Court: Allahabad
Decided on: May-25-2001
Reported in: 2001(4)AWC2581; [2002(92)FLR254]; (2002)1UPLBEC168
R.H. Zaidi, J. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner, who was holding the post of General Manager of Bank of India. Lucknow, prays for issuance of a writ, order or direction in the nature of certiorariquashing the order dated 12.4.1999, whereby petitioner was deputed as a General Manager of Gramin Bank, Farrukhabad, the order dated 29.5.1989 whereby the petitioner was advised to report to the Regional Manager, Farrukhabad, charge-sheet dated 20.12.1989, notice dated 19.2.1990 and the order dated 17.6.1991. passed by respondent No. 2 removing the petitioner from the aforesaid post. Prayers for a mandamus commanding the respondent Nos. 2 to 4 not to continue the disciplinary proceedings, to make payment of the arrears of salary from March, 1989. to take a decision on the resignation letter dated 31.5.1989 and to compensate the petitioner adequately have also been made.2. The relevant facts of the case giving rise to the present peti...
Kaushal Kishore Vs. U.P. Public Services Commission and ors.
Court: Allahabad
Decided on: May-25-2001
Reported in: (2001)3UPLBEC2142
A.K. Yog, J.1. Heard Sri L.K. Dwivedi, learned Counsel for the Petitioner and Shri Pushpendra Singh, learned Counsel appearing on behalf of Respondent No. 1. Respondent Nos. 2, 3 and 4 shall be deemed sufficiently served as per affidavit of service and the copy of summons annexed therewith. Respondent No. 4 has filed counter-affidavit and represented by Shri S.T.M. Rizvi, Advbcate.2. Petitioner appeared as an examine candidate in the examination conducted by U.P. Public Services Commission on filling up the post of Upper/Lower Division Assistant/Assistant Accountant. It is urged that he appeared in General Knowledge Paper held on 16th January, 1997. It is alleged that he objected to the Examination Officials/Invigilators in talking loudly in the hall and disturbing the Petitioner, which annoyed these official, Respondent No. 3, who managed to harm the petitioner by scoring certain position of his answer book, after examination was over, and thereafter charging attendance sheet to as to...
Shamshul Zama Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: May-25-2001
Reported in: (2001)3UPLBEC2172
R.K. Agrawal, J.1. The Writ Petition No. 37758 of 1999 has been filed by Shamshul Zama challenging the order dated 27.8.99 passed by the District Inspector of Schools, Chandauli, filed as Annexure No. 6 to the writ petition. The District Inspector of Schools had directed the Committee of Management of Gandhi Rashtriya Inter College, Sadalpura, Chandauli, to send the resolution appointing Sri Lalit Mohan Chaturvedi as adhoc officiating Principal of the College.2. The Writ Petition No. 16818 of 2000 has been filed by Lalit Mohan Chaturvedi challenging the order dated 30.6.99 passed by the Committee of Management, Gandhi Rashtriya Inter College, Sadalpura, District Chandauli, filed as Annexure No. 6 to the writ petition, appointing Shamshul Zama as ad-hoc Principal of the College.3. The Writ petition No. 55697 of 2000 has been filed by Lalit Mohan Chaturvedi challenging the order dated 16.11.2000 passed by the District Inspector of Schools, Chandauli, whereby the signature of Shamshul Zam...
Nitya Nand Pandey Vs. Life Insurance Corporation of India and ors.
Court: Allahabad
Decided on: May-25-2001
Reported in: (2002)1UPLBEC573
R.K. Agarwal, J. 1. The petitioner, Nityanand Pandey was filed this writ petition seeking a writ, order or direction in the nature of certiorari quashing the order dated 8.5.1995 passed by the Senior Divisional Manager, Life Insurance Corporation of India, Gorakhpur, respondent No. 3, [filed as Annexure-6 to the writ petition) and the order dated 23.1.1996 passed by the Zonal Manager, North Central Zone, L.I.C. Kanpur, [filed as Annexure-10 to the writ petition]. A further relief has been sought for reinstating the agency of the petitioner with all consequential benefits and in continuity.2. Briefly stated the facts giving rise to the present petition are as follows:3. The petitioner was appointed as an agent of Life Insurance Corporation by the Branch Manager of Deoria Branch on 24/25.10.1986 and the agency Code allotted to the petitioner was 5023282. Initially, the appointment of the petitioner as an agent was for a period of 3 years, which had been subsequently renewed twice, the la...
Sidh Gopal and anr. Vs. State
Court: Allahabad
Decided on: May-25-2001
Reported in: 2001CriLJ4393
1. This appeal arises from an order of conviction Under Section 302, I.P.C. against the appellant Siddha Gopal who was sentenced to imprisonment for life. The other appellant Rajendra Kumar was convicted Under Section 323/34, I.P.C. He was granted benefit of Section 4, of U.P. First Offenders Probation Act. In case of default in furnishing bond he was directed to serve out the sentence of three month's R.I.2. The brief facts of the case are that the Chaks of Sidda Gopal appellant and Debi deceased were contiguous since there was no mend to separate these two Chaks. It was alleged that Siddha Gopal appellant used to cultivate some portion of the Chak of the deceased every year. When this year Siddha Gopal tried to cultivate some portion of the Chaks belonging to the deceased he raised an objection to this act of these appellants. Siddha Gopal agreed that at the time of harvesting the entire land of their's will be measured and if any extra portion belonging to Debi was shown by him crop...
U.P. Financial Corporation Vs. Garlon Polyfeb Industries and Others
Court: Allahabad
Decided on: May-24-2001
Reported in: AIR2001All286; (2001)2UPLBEC1558
G.P. Mathur, J.1. This appeal under Order XLIII, Rule 1 (r) C.P.C. has been preferred by the defendant against the order dated 6.1.2001 of Civil Judge (Senior Division), Kanpur Nagar, by which injunction application filed by the plaintiffs was allowed and the defendant-appellant has been directed to take recourse to proceedings under Section 29 of the State Financial Corporation Act (hereinafter referred to as the Act) and to recover the amount by enforcing the personal liability only if entire amount due is not recovered in the aforesaid manner.2. The case set up by the plaintiffs-respondents is as follows. The plaintiff Nos. 1 and 2 are companies registered under the provisions of Indian Companies Act and plaintiff Nos. 4 and 5 are common directors In both the companies. The plaintiffs applied for loan and the Uttar Pradesh FinancialCorporation (for short U.P.F.C.) granted a term loan of Rs. 45.50 lacs, a working capital term loan of Rs. 55 lacs and ERS loan of Rs. 81 lacs to the pla...
Rafiq Ahmad Vs. Vth Addl. District Judge, Shahjahanpur and Others
Court: Allahabad
Decided on: May-24-2001
Reported in: 2001(3)AWC1843
B.K. Rathi, J.1. The dispute in this case is regarding a shop situated in Biriaganj Bazar, town Tilhar, district Shahjahanpur. The respondent No. 2 moved an application for release of the said shop under Section 21(1) (a) of U.P. Act, No. XIII of 1972 against the petitioner. The said application was allowed by the prescribed authority, respondent No. 3 on 13.8.1998 by judgment. Annexure-3 to the petition. Aggrieved by that order, the petitioner preferred appeal No. 163 of 1998 which has been dismissed by respondent No. 1 on 17.4.2001 by judgment, Annexure-7 to the petition. The petitioner has, therefore, invoked extraordinary Jurisdiction of this Court under Article 226 of the Constitution of India with the request to quash both these orders and to reject the application for release.2. I have heard Sri K.G. Srivastava, learned counsel for the petitioner and Sri Siddharth Verma, learned counsel for the respondent No. 2. 3. It is contended that the petitioner is very old tenant of the sh...
Mahabir Prasad Vs. Jai Dayal Dalmia and Others
Court: Allahabad
Decided on: May-24-2001
Reported in: 2001(3)AWC1836
B.K. Rathi, J.1.The premises in dispute is western portion of premises No. 73/15. Collectorganj, Kanpur Nagar, consisting of one godown, one gaddi attached with a kothari and a varandah and open space on the ground floor. The respondent No. 1 is the landlord of the said premises and he moved an application for release of the same under Section 21 (1) (a) of U. P. Act No. XIII of 1972 alleging that his son, Shiv Hari Dalmia is without any employment and he want to establish the business of lubricant oil in the disputed accommodation. It was also pleaded that the locality is ideal for the said business. The application for release was opposed by the petitioner.2. The learned prescribed authority, respondent No. 2 rejected the application for release on 23.2.1981 by judgment. Annexure No. 6 to the writ petition. Aggrieved by it, the respondent No. 1 filed appeal under Section 22 of the Act being appeal No. 22 of 1981. The said appeal has been allowed by the respondent No. 3 on 27.1.1992. ...
Smt. Sukh Devi and Others Vs. Iv the Additional District Judge, Etah a ...
Court: Allahabad
Decided on: May-24-2001
Reported in: 2001(3)AWC1872
B.K. Rathi, J. 1. The dispute is regarding two shops situated in Mohalla Chola Market. Qasba and tehsil Kasganj, district Etah. The respondent Nos. 2 and 3 filed S.C.C. Suit No. 20 of 1979 for eviction of the petitioners from the disputed shops and for recovery of arrears of rent. It was alleged that U. P. Act No. XIII of 1972 does not apply to the shops in dispute as it was constructed in the year 1970 and first assessment came into force in the year 1971. The suit was filed on 9.2.1979 after thetermination of tenancy by notice under Section 106 of Transfer of Properly Act. The suit was dismissed by the trial court on 28.2.1987 by judgment. Annexure-3 to the writ petition. Against that order, the respondent Nos. 2 and 3 filed S.C.C. Revision No. 17 of 1987 which have been allowed on 21.8.1996 by judgment Annexure-4 to the writ petition. Therefore, the petitioners have filed this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution o...
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