Allahabad Court February 2002 Judgments
Gyan Prakash and anr. Vs. Deputy Director of Consolidation, Allahabad ...
Court: Allahabad
Decided on: Feb-28-2002
Reported in: 2002(2)AWC923
Ashok Bhushan, J.1. Heard Sri A.B. Singh, counsel for the petitioners and Shri G.N. Verma appearing for the respondent Nos. 2 to 5. Counter and rejoinder-affidavits have been exchanged. As prayed by counsel for both the parties, the writ petition itself is being disposed of.2. The writ petition arises out of proceedings under Section 20 of the U. P. Consolidation of Holdings Act. 1953. The petitioner No. 1 was allotted chak No. 1058 in the consolidation proceedings. Petitioner No. 2 was allotted chak No. 983. The original holdings of the petitioners included plot Nos. 1247/1, 1247/2. 1247/3, 1284, 1285, 1496 and 1399 in which plots petitioners had l/20th share. Plot No. 1058 was also original holding of both the petitioners having l/I5th share. The original holding of the respondent No. 2 Smt. Dhanno Devi consisted of only one plot, namely, 1061 (half share). The original holdings of the respondent Nos. 3, 4 and 5 consisted of plot Nos. 941/1, 941/2, 941/3. 1062 and half share in plot ...
Tag this Judgment!Raj Kishore Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Feb-28-2002
Reported in: 2002(2)AWC1326
Ashok Bhushan, J.1. Heard Sri Sankatha Rai, counsel for the petitioner and Sri Satyendra Kumar Singh and Manish Kumar Nigam appearing for the contesting respondents. Counter and rejoinder-affidavits have been exchanged and both the parties had prayed that the writ petition be finally decided. Both the parties have been heard at length.2. This writ petition has been filed challenging the order dated 30.10.1998 passed by the Deputy Director of Consolidation, Ballia and the order dated 29.12.1995 and 22.11.1997 passed by the Settlement Officer of Consolidation and the Assistant Settlement Officer of Consolidation. Ballia. The writ petition arises out of the proceedings under Section 9A of U. P, Consolidation of Holdings Act, 1953.3. The facts of the case as emerge from the pleadings of the parties are :The consolidation proceedings started in village Sanwara and Rattopur. Pargana Kopacheet Garvi. District Ballia. In basic year, plots in dispute were recorded in the names of Parmanand, Dha...
Tag this Judgment!Manoj Kumar Tiwari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-28-2002
Reported in: 2002(2)AWC1376
Ashok Bhushan, J. 1. Heard counsel for the petitioner and learned standing counsel.2. By this writ petition, the petitioner has prayed for quashing of the order dated 23rd October, 2001, passed by District Development Officer, Ballia, rejecting the claim of the petitioner for appointment as dependent of deceased employee.3. The facts of the case as given in the writ petition are ; petitioner's father was appointed as Gram Sevak/Gram Vikas Adhikari on 29th September, 1961. It has been stated in the writ petition that petitioner's father died on 23rd January, 1985 and thereafter an application was made by mother of the petitioner for providing job to the petitioner and for other benefits. From the facts, which have come up on the record, it is clear that petitioner's father absented from his duties from 31st May, 1973. He served the department from 24th October, 1961 to 30th May, 1973 and thereafter he was not working. Subsequently, he died on 23rd January, 1985. The petitioner's case is...
Tag this Judgment!Achal Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-28-2002
Reported in: 2002(3)AWC2127
R.B. Misra, J. 1. In this writ petition, the petitioner has challenged the order dated 27.12.1997 (Annexure-II to the writ petition) passed by S.S.P., Meerut.Heard Sri H. N. Sharma, learned counsel for the petitioner as well as Sri S. K. Sharma, learned standing counsel for the respondents.2. Brief facts necessary for adjudication of the writ petition arethat the petitioner was appointed as constable in November, 1978 and after completing the training, he was promoted to the post of Head Constable on 25.1.1985 while posted under the Police Administration Etah. This transfer to Meerut by order dated 6.6.1997 (Annexure-1) was challenged by way of writ petition in 1977 is pending consideration before this Court. Whereas by an order dated 27.12.1997, the S.S.P., Meerut (respondent No. 2) dismissed the service of the petitioner.3. It appears in view of the transfer dated 27.12.1997 the petitioner was supposed to join at Meerut but he absented and has got the telephonic pressure of Ministers...
Tag this Judgment!Sada Singh Vs. State of U.P.
Court: Allahabad
Decided on: Feb-28-2002
Reported in: 2002CriLJ3686
ORDERB.K. Rathi, J.1. The request has been made to quash the criminal proceedings of Criminal case No. 740 of 2001 for offence under Sections 120B, 218, 466, 467, 468, 471, 420 I.P.C. pending in the Court of 1st Additional Judicial Magistrate. Shahjahanpur.2. I have heard Sri L. K. Davey, learned counsel for the petitioner and the learned A. G. A.3. In brief the facts are that the petitioner had two other brothers, namely, Dilip Singh and Mahendra Singh. The name of the petitioner was mutated on the application of the petitioner on the entire land of his two brothers for the reason that they died issueless. Later on Mahendra Singh appeared and lodged an F.I.R. that he was wrongly shown to have died and the name of the petitioner was got mutated in his place by practising fraud on the basis of forged documents. That the death certificate filed by the applicant is also forged. The case was registered and investigated and charge sheet has been filed against the petitioner.4. The only cont...
Tag this Judgment!Taj Mahal Export Vs. Cit
Court: Allahabad
Decided on: Feb-28-2002
Reported in: [2003]128TAXMAN843(All)
Heard the learned counsels for the parties.2. The petitioner has challenged the impugned order by 22-5-2001 (Annexure-5 to the writ petition) of the Commissioner, Meerut. The petitioner has claimed deduction under section 80HHC of the Income Tax Act, 1961 (hereinafter referred to as the Act) in respect of profit obtained from the export business. The petitioner has filed an application before the Commissioner under clause (2)(a) of the aforesaid provision, which has been rejected by the Commissioner against which he has filed this writ petition.3. We have carefully perused the impugned order of the Commissioner. The Commissioner has mentioned that the petitioner has produced a fax message dated 10-1-1999, stating that due to heavy slump in Dubai the payment could not be made in time. However, the Commissioner has doubted the genuineness of this fax message as correspondence between the petitioner (Taj Mahal Exports, Ghaziabad) and purchaser (Al Fayoom Trading EST Dubai) regarding reali...
Tag this Judgment!S.R. Apna Cold Storage and Ice Factory and anr. Vs. U.P. State Electri ...
Court: Allahabad
Decided on: Feb-27-2002
Reported in: 2002(2)AWC1182
G.P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents to reduce the electricity load of the petitioners' unit from 110 K.V.A. to 95 B.H.P. w.e.f. September, 1990, and to levy the electricity charges accordingly. A further prayer has been made that the respondents be directed to refund or adjust, in future bills, the excess amount paid by the petitioners.2. Petitioner No. 1 is a cold storage which was sanctioned a load of 110 K.V.A. In the year 1988 and an agreement in that regard was executed between the parties. The petitioners claim that an application to reduce the electricity load from 110 K.V.A. to 95 B.H.P. was moved on 24.5.1990 and they also submitted the duly filled in B and L forms which are necessary under the rules on 31.8.1990. The fee for disconnection was deposited on 6.9.1990. The petitioners' case is that they wroteseveral letters to the respondents for taking neces...
Tag this Judgment!Jai Prakash Kasana and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-27-2002
Reported in: 2002(2)AWC1218; (2002)2UPLBEC1204
G.P. Mathur, J.1. Following two prayers have been made in the writ petition :'1. Issue a writ, order or direction in the nature of mandamus commanding the respondents to correctly assess the compensation and to pay the same with interest from the date possession was taken of the land in question from the petitioners i.e., 10.6.1997. 2. Issue a writ, order or direction in the nature of mandamus declaring the land acquisition proceedings with regard to land in question as has been lapsed under Section 11A of the Act and return the land to the petitioners.' 2. The State Government issued notifications under Sections 4(1) and 6(1) of the Land Acquisition Act(hereinafter referred to as the Act) for acquiring some land in village Gullstanpur, Tehsil and District Gautam Budh Nagar. The notification under Section 4(1) was published in the Gazette on 29.3.1997 and notification under Section 6(1) was published on 28.4.1997. It was mentioned in the notification that the provisions of Sub-section ...
Tag this Judgment!Onkar Singh Gawar Vs. Director of Education (Secondary), U.P., Allahab ...
Court: Allahabad
Decided on: Feb-27-2002
Reported in: 2002(2)AWC1626; (2002)3UPLBEC2497
R.B. Misra, J. 1. In this writ petition, the petitioner has prayed for quashing the order dated 21.10.1995 passed by the Deputy Director of Education (Annexure-7) with further direction to the respondents to fix the salary of the petitioner in the lecturer's grade. Heard Sri Ashok Khare, learned senior counsel for the petitioner and learned standing counsel for the respondents. 2. Brief facts necessary foradjudication of the writ petition are that the petitioner is B.Sc. (Physics, Chemistry, Mathematics) wasappointed as a demonstrator in science subject to teach intermediate classes by an order dated 13.8.1962, and has been continuing as such. The petitioner obtained post graduate condense diploma certificate (Annexure-2) (Physics) with grade-A in the year 1970 from Agra University. The State Government issued a Government order on 19.4.1966 providing that science teacher of intermediate classes who have passed post graduate condense diploma course should be placed in the lecturer's pa...
Tag this Judgment!Rakesh Kumar JaIn Vs. Iiird Additional District Judge, Agra and ors.
Court: Allahabad
Decided on: Feb-27-2002
Reported in: 2002(2)AWC1643
Anjani Kumar, J.1. The landlord filed a suit for arrears of rent and ejectment against the petitioner who was a tenant of the accommodation in dispute. There was some dispute as to what was the amount of the rent. The trial court after discussing the evidence and pleadings arrived at the conclusion that the rent was Rs. 50 per month. The further dispute was over and above Rs. 50. The tenant is further liable to pay the water tax which he was admittedly not paying.2. in this view of the matter, the suit was decreed by the trial court. The revisional court maintained the order of the trial court. Learned counsel for the petitioner has argued that the finding of issue Nos. 3 and 4 are recorded by the trial court and affirmed by the revisional court, suffers from error of law. It to a perverse finding.3. The submission of learned counsel for the petitioner is that once the Court after discussion of the evidence and pleadings arrived at the conclusion that the rent is found to be Rs. 50, no...
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