Allahabad Court July 2001 Judgments
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Prabhunath Dixit Vs. Iiird Addl. District Judge, Deoria and Others
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2362A
S.K. Singh, J. 1. By means of this writ petition, the petitioner has challenged the judgment of IIIrd Additional District Judge. Deoria (now known district Kushinagar). By the judgment impugned in this writ petition, the amendment application which was filed in appeal was allowed.2. The fact for the purposes of decision can be summarised as under ;The petitioner filed a suit for injunction restraining defendants from raising any construction over the land in dispute and thereafter by way of amendment, relief for removal of the construction was also claimed. After filing the written statement and completion of evidence, the trial court decreed plaintiffs suit against which the defendant preferred appeal. During the pendency of the appeal, application for amendment was moved by the defendant-appellants (45 Ka) by which various facts/pleas were sought to be added. Besides the other amendments, the fact that the defendant on account of their continuous peaceful possession acquired right by...
Ghannu Mal and ors. Vs. Additional Distt. Magistrate (C.S.)/R.C.E.O., ...
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(4)AWC2563
U.K. Dhaon, J.1. Heard Sri J. N. Pandey, learned counsel for the petitioners and the learned standing counsel, who has put in appearance on behalf of opposite party No. 1.2. The petitioners have approached this Court against theorder dated 9.5.2001 passed by the Additional District Magistrate (Civil Supplies), Lucknow.3. The brief facts of the case are that the release application under Section 16 (1) (b) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972, was moved by Sri Aditya Narain Misra who was the landlord of the premises. During the pendency of the proceedings before the Rent Control and Eviction Officer, Lucknow, Sri Aditya Narain Misra expired on 29.5.1998 and thereafter an application was moved for substitution under Section 34, Sub-clause (4) of U. P. Act No. 13 of 1972 read with Rule 25 of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Rules, 1972, for substitution of the legal heirs which was allowed by the Rent Control...
Narendra Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-06-2001
Reported in: (2002)1UPLBEC683
S. Harkauli, J. 1. These four connected writ petitions are being decided by this common judgment.All the petitioners are aggrieved by an order transferring Sri Nitya Nand Sharma from the post of Principal, Jawahar Inter College, Balmanauli, district Baghpat to the ost of Principal of S.S.D. Boys Inter College, Meerut.2. S.S.D. Boys Inter College (hereinafter referred as the College for short) Is being presently managed by a Prabandh Sanchalak (Authorised Controller) appointed by the Joint Director of Meerut and the committee of management of the said college for the time being stands superseded. The college is on the grant in aid list of the Government and is covered by U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971.'3. Sri Nityanand Sharma after being selected by Secondary Education Services Selection Board (hereinafter referred to as the Board) is working as the Principal of Jawahar Inter College, Balmanauli. By the impugned...
Geetam Singh Vs. State of U.P.
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001CriLJ4791
Ashok Bhushan, JJ.1. This is an appeal against the judgment and order dated 24th April, 1980 passed by the 4th additional and Sessions Judge, Saharanpur in Session Trials No. 126 of 1979 and 395 of 1979 convicting the accused appellant for the offences punishable under Section 302 I.P.C. read with Section 34 I.P.C. and Sections 364 and 201 I.P.C. and sentencing him to undergo imprisonment for life Under Section 302 read with 34 I.P.C. four years' Rule I. Under Section 364 I.P.C. and two years Rule I. under Section 201 I.P.C.2. The prosecution case, in brief, is that Satish son of Brahma Singh aged about 12 years disappeared from his house on 19-2-1979 from 11A.M. Brahma Singh after making search returned to his house in the morning of 21 -2-1979 when he saw a Pamphlet pasted on the door of his house. In the Pamphlet demand of ransom amount of Rs. 5000/- was made for return of Satish. The amount was to be paid on 21 -2-1979 at 7.00 p.m. at the well of Ramji Lal. The ransom note stated t...
Indian Oil Corporation Ltd. Vs. Addl. District Judge and Others
Court: Allahabad
Decided on: Jul-05-2001
Reported in: 2001(3)AWC2025
B. K. Rathi, J.1. The petitioner. Indian Oil Corporation in both writ petitions, is the tenant of house No. 15B, Amar Nath Jha Marg, Allahabad. An application for enhancement of rent under Section 21 (8) of U. P. Act, No. XIII of 1972 was moved by Sri S. N. Vaish, respondent with the request that the rent which is Rs. 1,175 be enhanced to Rs. 50,000 per month. The application was contested by the petitioner and he filed written statement. Annexure-2 to the writ petition. The respondent No. 4, Sri Prakash Azad moved an application under Order XXII, Rule 10, C.P.C. for his impleadment. His application is Annexure-8 to the writ petition. The same was opposed by the petitioner by objection, Annexure-9 to the writ petition. It appears that no separate order was passed on the application of respondent No. 4, Annexure-8 to the writ petition. The matter was finally considered by the Rent Control and Eviction Officer, respondent No. 2, and he recorded a finding that the respondent No. 4. Sri Pr...
Kamla Sharma (Dead) Through L.Rs. and Others Vs. Shailendra Kumar (Dea ...
Court: Allahabad
Decided on: Jul-05-2001
Reported in: 2001(3)AWC2094
B.K. Rathi, J.1. The Original Suit No. 41 of 1977 was filed by the respondent No. 1, against theappellants and other respondents forpartition of his 1/16th share over house No. 22, Dilkusha. New Katra, Allahabad.2. The case of the plaintiffs can be understood properly by the following pedigree :Kishorji_____________________|______________________| |Kashi Prasad Hanuman Prasad Sharma-Smt. Yashoda(Died issuless) (Died 1937) (Died 1945)_____________________________________|________________________________| |First wife= Sheo Prasad= Second wife Devi prasad = Lakshmi DeviJaidevi(Died) (Died 1971) Smt. Kamla Devi (Died 1936) || (D-1) (Died) | | |__|__________________________________ | | (Died 1992) | | | | | (D-6) Chankaya Satyendra | | |(Unsound (D-8) | | |mind D-9 Shailendra | |_______________(Ptff) | | | (Dted 6.9.88) | Suresh Chand |=Smt. Sundharant | (D-7) |_______________________________________|______ Smt. Sunni Devi| | | | |Desh Deepak Kuldeep Anup Babloo Rekha Rant(D-5) (D-2) (D-3) ...
Madan Lal Vs. Susheel Kumar Sharma and Another
Court: Allahabad
Decided on: Jul-05-2001
Reported in: 2001(3)AWC2212
B.K. Rathi, J.1. The dispute in this case is regarding a shop, part of house No. 328 situated on South Bhopa Road, Muzaffarnagar. The respondent No. 1 moved an application for its release against the petitioner under Section 21 (1) (a) of U. P. Act No. XIII of 1972 (hereinafter referred to as 'Act'). The applicationwas contested by the petitioner. It was rejected by the prescribed authority on 27.10.1997 by judgment. Annexure-10 to the writ petition. Aggrieved by that order, the respondent No. 1 preferred appeal No. 28 of 1997 under Section 22 of the Act, the appeal has been allowed on 28.3.2001 by Judgment, Annexure-11 to the writ petition and the shop has been released in favour of the respondent No. 1 by the respondent No. 2. The petitioner has, therefore, preferred this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with the request that the order dated 28.3.2001, Annexure-11 to the writ petition, be quashed.2. An ...
Jahid Hasan and Others Vs. Dy. Director, Consolidation, Shaharanpur an ...
Court: Allahabad
Decided on: Jul-04-2001
Reported in: 2001(3)AWC2038
R.R. Yadav, J.1. Heard learnedcounsel for the petitioners, Sri V. M. Zaidi, at length.2. Perused the averments made in the writ petition together with the annexures filed in support of the writ petition.3. It is contended by Sri V. M. Zaidi, learned counsel for the petitioners, that the records of the whole village had been manipulated and in such a situation, the petitioners would be satisfied if the inquiry report submitted by the Joint Director of Consolidation is implemented in letter and spirit.4. The aforesaid contention of the learned counsel for the petitioner is not acceptable for the reasons given herein below.5. It is conceded by the learned counsel for the petitioners that the correction of the records during consolidation operation is based on judicial pronouncements of Consolidation Authorities. No corrections in the revenue records during consolidation operation can be incorporated without judicial orders passed by the Consolidation Authorities as envisaged under U. P. C...
Achal Singh Yadav Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-04-2001
Reported in: 2001LabIC3941; (2001)2UPLBEC1660
Ashok Bhushan, J.1. This is a writ petition praying for quashing of order dated 27.11.1997 passed by the Director General of Police, Uttar Pradesh by which the claim of the petitioner for out of turn promotion has been refused. Petitioner has further prayed for issue of a writ of mandamus commanding the respondents to grant promotion to the petitioner in view of the Government order dated 3.2.1994. Petitioner is working as Sub-Inspector of Police. Petitioner Initially joined as constable on 30.11.1971 and through rankers examination, he was selected as Sub-Inspector of Police. The petitioner in writ petition has stated that he has earned several gallantry awards. The State Government issued a Government order dated 3.2.1994 which has been filed as Annexure-1 to the writ petition. The Government order provides that those police constables/Sub-Inspectors who have shown 'Adamya Sahas' indomitable courage and 'Shaurya' gallantry in an encounter or arrest of dreadedterrorist or heinous crim...
Rajendra Kumar Srivastava Vs. Samyut Kshetriya GramIn Bank and Others
Court: Allahabad
Decided on: Jul-04-2001
Reported in: (2001)IILLJ1491All; (2001)3UPLBEC2236
ORDERM. Katju, J.1. This writ petition has been filed praying for a writ of certiorari for quashing the impugned order dated 20.12.1996 Annexure-14 to the writ petition passed by the Chairman. Samyut Kshetriya Gramin Bank. Azamgarh and for quashing the entire proceeding undertaken by the respondent Bank for grant of promotion from among the officers Scale-I to officers Scale-11 and for a mandamus directing the respondents to make fresh promotion to the post of officers Scale-II strictly in accordance with law.2. We have heard the learned counsel for the parties and have perused the affidavits.3. The respondent Bank was established as a Regional Rural Bank under the provisions of the Regional Rural Bank Act. 1976. The bank has been sponsored by the Union' Bank of India and its management is vested in the Board of Directors comprising of Directors nominated by the Central Government, State Government and the Sponsoring Bank. Under the Act. power is conferred on the Central Government to ...
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