Allahabad Court July 2001 Judgments
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Metal Craft Vs. Rajya Krishi Utpadan Mandi Parishad and Others
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2067; (1999)3UPLBEC1689
G.P. Mathur, J.1. The question which requires consideration here is whether a Market Committee of Krishi Utpadan Mandi Samiti is entitled to levy market fee under Section 17 (iii) (b) of U. P. Krishi Utpadan Mandi Adhiniyam. 1964, (hereinafter referred to as the Act) if the agricultural produce is neither brought in nor taken out of the market area.2. The petitioner M/s. Metal Craft is a registered partnership firm having its business premises and office at 14, Navyug Market. Ghaziabad, and it carries on the business of sale and purchase of ironand steel and also export of rice. The petitioner wanted to purchase broken rice from the rice millers of U. P. for the purpose of export to foreign countries and accordingly, made an application on July 31, 1997, to Krishi Utpadan Mandi Samiti, Ghaziabad (respondent No. 2) for grant of a licence. It was also stated in the application that the petitioner had exported rice in November. 1996 by purchasing it from places outside U. P. The responden...
Krishna Mohan and Another Vs. Balkrishna Chaturvedi (Dead) Through L.R ...
Court: Allahabad
Decided on: Jul-06-2001
Reported in: AIR2001All334
U.S. Tripathi, J.1. All the above four appeals have been filed against the judgment and decree dated 13.5.1982 passed by Sri K. C. Bhargava, the then learned 1st Additional District Judge, Allahabad in Civil Appeal No. 46 of 1979, 45 of 1979, 642 of 1979 and 571 of 1979 respectively which were decided by a common judgment.2. Krishna Mohan and Ram Mohan, appellants in all four appeals (hereinafter called the appellants) filed Original Suit No. 91 of 1968 on 24.5.1967, through their next friend, against Bal Krishna Chaturvedi, the respondent No. 1 in all the four appeals, for permanent injunction, restraining the respondent No. 1 from interfering in their peaceful possession over the open land shown with green colour in the plaint map and house shown with letters Aa, Ba. Sa, Da and red colour in plaint map. The case of the appellants, briefly stated was that the house shown with letters Aa, Ba. Sa. Da existing over plot No. 905 of mohatla Daraganj. Allahabad city, was constructed by thei...
Daulat Ram (Dead) Through L.Rs. and Another Vs. Yashpal
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2121
U.S. Trtpathi, J.1. This second appeal has been preferred by the defeated defendant against judgment and decree dated 25.1.1982 passed by Civil Judge, Bulandshahr in Civil Appeal No. 232 of 1982, allowing the appeal, setting aside the judgment and decree dated 5.5.1987 passed by Munsif, Khurja, Bulandshahr in Original Suit No. 124 of 1977. and decreeing the suit of plaintiff respondent for permanent Injunction.2. Respondent Yashpal, [hereinafter called the plaintiff), filed Suit No. 124 of 1977 against the appellants Daulat Ram and Indrasen, (hereinafter called the defendants), for permanent injunction restraining them from interfering in his peaceful possession over plot No. 3029 area 10 bighas, 1 biswa, with the allegations that he was owner in possession of the plot in suit and the defendants had no concern with the same. The defendants were forceful persons and wanted to take forcible possession over the land in suit, hence the suit on 13.7.1977.3. The defendants filed joint writte...
Nasirullah Alias Chikhuri Vs. Mohd. Murtaza
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2152
U.S. Tripathl, J. 1. The defeated defendant has preferred this second appeal against the Judgment and decree dated 31.3.1980 passed by Sri R. Singh, the then learned IInd Additional District Judge, Ballia in Civil Appeal No. 224 of 1978 allowing the appeal, setting aside the judgment and decree of the trial court dated 27.7.1978 In Original Suit No. 12 of 1978 by which the trial court had dismissed the suit.2. The respondent (hereinafter called the plaintiff), filed Suit No. 12 of 1978 against the appellant (hereinafter call the defendant) his real brother, for ejectment of the defendant from the premises in suit and for recovery of arrears of rent amounting to Rs. 50 and pendente lite and further damages at the rate of Rs. 15 per month. The case of the plaintiff, in brief, was that he was owner landlord of room shown in Schedule 'B' of the plaint and defendant was its tenant on monthly rental of Rs. 15. The defendant fell in arrears of rent from 1.4.1977 to 31.7.1977 which he did not ...
Bal Chand Singh Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2185; [2001(90)FLR592]
S.Rafat Alam, J. 1. This special appeal is preferred against the order of the learned single Judge dated 11.3.1997 in Writ Petition No. 1644 of 1994 dismissing the writ petition against the order of termination dated 24.12-1993.2. It appears that Sri S. N. Singh, the then Deputy Director (Fisheries), Varanasi, at the verge of his retirement advertised few posts of Class-IV for appointment through advertisement dated April 22, 1993 in a local Hindi Newspaper 'Jan Mukh', a copy whereof has been annexed as Annexure-1 to the writ petition. The advertisement mentions that the candidates desirous for appointment appear before the Deputy Director (Fisheries). Varanasi, on 13.5.1993 along with the application for Interview. After interview, the petitioner along with Sri Lal Bihari was selected and was appointed as Fisherman on purely temporary basis through office order dated 15.5.1993 Issued by Sri S. N. Singh, the then Deputy Director (Fisheries). The letter of appointment further provides t...
Lala Sumer Chand Goel (Dead) Through L.Rs. Vs. Rakesh Kumar
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2221
U.S. Tripathi, J.1. The defeated defendant has preferred this second appeal against the judgment and decree dated 23.3.1984 passed by Sri K, K. Srivastava. the then learned Additional District Judge, Saharanpur in Civil Appeal No. 337 of 1980 confirming the decree of specific performance passed by trial court and also awarding decree of recovery of Rs. 500 arising out of Original Suit No. 10 of 1979.2. The respondent Rakesh Kumar. (hereinafter, called the plaintiff) filed suit against original appellant Lala Sumer Chand Goel. [hereinafter called the defendant) for specific performance of contract dated 9.9.1975 executed by defendant in favour of plaintiff and for recovery of Rs. 500 on the ground that the defendant Lala Sumer Chand Goel entered into a contract of sale with the plaintiff on 9.9.1975 to sell the property detailed at the foot of the plaint for a sale consideration of Rs. 4.000. The plaintiff paid whole sale consideration of Rs. 4.000 to the defendant on 9.9.1975 and the d...
Smt. Munni Devi Vs. Xith Addl. District Judge, Kanpur Nagar and Anothe ...
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2218
U.S. Tripathi, J.1. This writ petition under Article 226 of the Constitution of India has been filed for Issuing of writ, order or direction in the nature of certiorari to quash the order dated 12.11.1998 passed by respondent No. 1 to issue a writ ordirection in the nature of mandamus directing the respondent No. 2 to deliver the vacant possession of the portion of premises in suit and to pass any other further order which the Court may deem fit and proper.2. The petitioner is owner landlady of premises No. 108/129, Sisamau Bazar, Gandhi Nagar, Kanpur Nagar. The husband of respondent No. 2 was a tenant in one room and one kothari of the said house on monthly rental of Rs. 15.65 p. The petitioner moved an application under Section 21 (1) (b) of U. P. Act No. 13 of 1972 (hereinafter called the Act) against Ram Dhani Mishra, husband of respondent No. 2, for release of the premises in his tenancy for her personal need on the ground that he was running Ayurvedic Medicine shop in the room in...
Munni Lal Srivastava Vs. Union of India
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2253; (2001)3UPLBEC2421
U. S. Tripathi, J.1. This review application under Order XLVII, Rule 1, C.P.C. has been filed by the appellant/applicant in Second Appeal No. 2420 of 1976, decided by this Court on 24.3.1998 for review of the order dated 24.3.1998 and to allow the appeal after setting aside the judgment and decree of the lower court dated 1.6.8.1976.2. The applicant (hereinafter called the plaintiff) filed original suit No. 20 of 1967 in the Court of Munsif, Ghazipur for declaration that he had been in service of the respondent/ opposite party [hereinafter called the defendant) on the post of Postal Clerk till the date of his retirement. The case of the plaintiff, in brief, was that he was initially appointed by the Inspector of Post Office, Varanasi as Mail Peon in the year 1937. He was confirmed on the said post in the year 1946. Thereafter, he was promoted to the post of Postal Clerk in the year 1952 and worked in that capacity on different places till 1954. Since he was an active worker of the Unio...
Sri Net Bharti and Others Vs. Board of Revenue and Others
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2258
R. R. Yadav, J.1. Heard learned counsel for the parties.2. Perused the order dated 15.9.1998 passed by the learned trial court, order dated 28.9.1999 passed by the first appellate court and order dated 29.5.2000 passed by the Board of Revenue-respondent No. 1, copies whereof are filed and marked as Annexures-7, 11 and I respectively to the writ petition.3. The present writ petition is posted today for admission, but with the consent of the learned counsel for the parties, I would like to dispose it of finally at admission stage. It is conceded by the learned counsel for the parties that the present writ petition can be finally disposed of without exchanging their counter and rejoinder-affidavits.4. From perusal of the aforesaid Annexure, it is revealed that the learned trial court has dismissed the suit filed by the plaintiff whereas in appeal, the first appellate court after marshalling the evidence available on record with reference to law on the subject set aside the judgment and de...
State of U.P. and Others Vs. A.S.i. (M.) Ram Pratap Mishra and Others
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2408; (2002)1UPLBEC275
S.H.A. Raza and R.D. Shukla,JJ.1. The present special appeal has been filed by the State of U. P. against the orders passed by the Hon'ble single Judges in various writ petitions, which were filed by the police personnel who belong to Ministerial Cadre. Hon'ble the single Judges of this Court on all those writ petitions have given them the same benefits which accrues to the police personnel who belong to the executive cadre.2. More or less, a similar controversy was raised in Writ Petition No. 6700 of 1986 which was set at rest by one amongst us (Hon'ble S. H. A. Raza. J.) on 23.2.1991 wherein the following operative portion of the orders were passed :'In view of what has been indicated hereinabove, the writ petition succeeds. A writ in the nature of certiorari is issued quashing the order dated 8.5.1985 contained in Annexure-19 to the writ petition. A writ in the nature of mandamus is issued commanding the opposite parties to grant special work allowance, special pay, fixed house rent...
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