Allahabad Court March 2002 Judgments
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Badam Singh Vs. 8th Additional District Judge, Agra and ors.
Court: Allahabad
Decided on: Mar-06-2002
Reported in: 2002(2)AWC1352
Anjani Kumar, J.1. By means of this writ petition under Article 226 of the Constitution of India, the petitioner-judgment debtor has filed present writ petition against the orders dated 21.9.1999 and 27.5.1998, passed by respondent Nos. 1 and 2, respectively, Annexures-1 and 2 to this writ petition.2. The facts leading to the filing of the present writ petition are that plaintiff, respondent No. 3 of this petition, filed Original Suit No. 174 of 1991 in the Court of Civil Judge, Agra. The said suit for specific performance of agreement to sale has been declared in the month of March, 1993 by the Civil Judge. Agra. The judgment and decree dated 26.3.1993 passed by Civil Judge has been annexed as Annexure-3 to the writ petition. The operative portion thereof is being reproduced below :'WADI SHESH PRATIPHALANDAR EK MAH NYAYALAYMEN JAMA KAR DEN.'3. That it appears that the judgment debtor preferred an appeal against the decree of the trial court with deficiency of Court fee the said appeal...
Vijay Bahadur Tiwari Vs. U.P. Public Service Commission and ors.
Court: Allahabad
Decided on: Mar-06-2002
Reported in: 2002(2)AWC1358
D. S. Sinha and S. N. Srivastava, JJ. 1. Heard Sri Anil Tiwari, learned counsel appearing for the petitioner, Sri B. N. Singh, learned counselappearing for the respondent No. 1, and Sri Sandeep Mookerji, learned standing counsel of the State of U. P., representing the respondent Nos. 2 and 3, at length and in detail.2. The petitioner appeared in the examination for recruitment to 80 posts of Assistant Engineer in the general category and 61 posts for reserved category, held in the year 1995 pursuant to the advertisement issued for the purpose in June, 1991. The result of the examination was declared on 24th August, 1996. The petitioner was not successful.3. In the year 1994, the State Government decided to hold a special recruitment for appointment on 144 posts of Assistant Engineers in the reserved category, out of which 127 were reserved for Scheduled Castes and 17 were reserved for candidates belonging to Scheduled Tribes. It, therefore, sent a requisition to the U. P. Public Servic...
Ghaziabad Development Authority Vs. Umesh Chand and ors.
Court: Allahabad
Decided on: Mar-05-2002
Reported in: 2002(2)AWC1219; (2002)2UPLBEC1102
S.R. Singh, J.1. Since common questions of law are involved in these writ petitions, and the facts in the petitions being identical, they are amenable to common disposal by a composite judgment and order. Civil Misc. Writ Petition No. 7299 of 2002 shall be the leading petition and the decision in this petition will branch out to have its consequential effects on all the petitions afore stated. These petitions under Article 226 of the Constitution instituted by the Ghaziabad Development Authority, Ghaziabad seek issuance of a writ in the nature of certiorari quashing the order dated 6.1.2002 (Annexure-1 to the petition) passed by Special Land Acquisition Officer Ghaziabad/Additional District Magistrate (Land Acquisition) (Irrigation), Ghaziabad whereby the latter has made reference to the civil court under Section 18 of the Land Acquisition Act, 1894 on the applications moved by individual land holders of village Makanpur. Tehsil Dadri, District Ghaziabad against the award dated 30th Ju...
Uttam Chandra Vs. Viiith Additional District Judge and ors.
Court: Allahabad
Decided on: Mar-05-2002
Reported in: 2002(2)AWC1366
Anjani Kumar, J. 1. This is a tenant's writ petition arising out of an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 with regard to non-residential premises for release in favour of the landlord.2. The application was filed by the landlord for the need of his sonand augmenting the income of family which was contested by the petitioner.3. Prescribed authority has found that the shop was originally let out to one Basu Deo who admittedly died and petitioner. Uttam Chandra is neither an heir nor a family member. Petitioner contested the aforesaid case set up by the landlord that he is the real brother's son of the deceased. Basu Deo and he was carrying on the business with Basu Deo and thereafter he himself is carrying on the business in the capacity of karta of an undivided Hindu Family. The prescribed authority after considering the material on' record arrived at the conclusion that the need of the landlord is bona fide and genuine.4. On the aforesaid pleadings, the pr...
Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.
Court: Allahabad
Decided on: Mar-05-2002
Reported in: 2002(3)AWC2142; (2002)2UPLBEC1634
Sunil Ambwani, J. 1. The facts of this writ petition are stated as below.2. Petitioner joined Army as Sepoy on 28.8.1977. While he was posted at Panagach, he met with an accident while on bona fide Government duly. His motor-cycle skidded, on account of which he sustained severe injuries. The injury was attributed to Military service in peace and as a result thereof, the petitioner was placed in Medical Category 'B' (permanent) w.e.f. 12.11.1982, as a case of 'fracture med-shaft, femur (Lt). The disability was estimated of more than 20%. Petitioner submitted a willingness certificate to continue in service and on the recommendation of officer commanding unit to the effect that the individual could be suitably employed in his own trade, he was retained in service in the same trade, but was given an alternative Job. The petitioner made a claim for being re-mustered or retained as Junior Camp Officer (Religious Teacher) called Pandit. The application was, however, rejected on 22.11.1992 o...
Banaras Beads Limited Vs. Prashant Glass Works Private Limited
Court: Allahabad
Decided on: Mar-05-2002
Reported in: [2002]111CompCas339(All)
Sunil Ambwani, J.1. This creditors-winding up petition has been filed by Banaras Beads Limited, A-1, Industrial Estate, Varanasi, to wind up Prashant Glass Works Private Limited, with its registered office at Motiwala Industrial Estate, P. O. Bhullanpur PAC, Varanasi, on the averments that the respondent-company has not paid Rs. 1,92,670 in spite of the demand notice dated May 19, 2000, under Section 434(1)(a) of the Companies Act, 1956, served upon the registered office of the company to which no reply was sent, and thus raising the presumption that the respondent-company is unable to pay its dues.2. Notices were issued on July 11, 2000, to the respondent-company to file objections, if any, and a restraint order was passed directing that the respondent-company shall not transfer its immovable property without permission of the court. A counter affidavit of Sri S.N. Garg, authorised signatory of the respondent-company has been filed through Sri Vipin Sinha, advocate. A rejoinder affida...
Swami Nath Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-05-2002
Reported in: [2002(93)FLR491]; (2003)ILLJ632All
Janardan Sahai, J.1. Heard counsel for the petitioner and Sri Vivek Ratan counsel for the respondents.2. The petitioner is a Cashier in the Union Bank of India. Examinations for departmental promotion to the post of Officer cadre were held in the year 2001. The petitioner appeared in the said examinations. Annexure 4 to the writ petition is a copy of the circular relating to the Promotion Process from Clerical to Officer Cadre. It provides that the minimum qualifying marks in each of the papers English, Law and Practice of Banking, Commercial Law and Accountancy and Practical Banking is 35% and the maximum marks that could be awarded in each of the papers is 50. The petitioner was unsuccessful in the written examination as he obtained 17 marks out of 50 in the English paper, which would be evident from the letter of the Union Bank of India dated August 21, 2001 a copy of which has been filed as Annexure 5 to the writ petition. Thus the petitioner obtained less than 35% marksinasmuch as...
Canara Bank Vs. Subhagya Agro Tech. Pvt. Ltd.
Court: DRAT Allahabad
Decided on: Mar-04-2002
Reported in: II(2003)BC87
1. Under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 this original application No. 124 of 2000 has been filed against the defendant Nos. 1 to 5 for realization of Rs. 1,00,94,872.27 (Rs. one crore ninety-four thousand eight hundred seventy-two and paise twenty-seven) only together with interest pendente life and future thereon @ 18.50% per annum with quarterly rests. The applicant-Bank prays in this petition that the recovery of the said amount after selling of the hypothecated and mortgaged properties of the defendants. The applicant-Bank further claims for the costs of the application.2. The facts of the case as contained in the application are that the applicant-Bank is a body corporate duly constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. Mr. R.N.Prasad is the Senior Manager of the applicant-Bank is authorized to sign, verify and institute all legal proceedings on behalf of the applicant-Bank.3. ...
Km. Monica Kumar Vs. Chowdhury Charan Singh University, Meerut and ors ...
Court: Allahabad
Decided on: Mar-04-2002
Reported in: 2002(2)AWC1096b
R.R. Yadav, J. 1. The petitioner moved an application bearing No. 83800 of 2001 with the following prayer : 'It is therefore, most respect fully prayed that this Hon'ble Court may graciously be pleased to allow the application and direct the opposite parties to declare the result of petitioner of M.B.B.S. Final Professional Part-I Examination, 2001 and the result of Scrutiny of Pharmacology of Second Professional Examination, 2000 at an early date and also permit the applicant to appear in the final year M.B.B.S. Part-11 commencing from 17.10.2000, otherwise applicant will suffer a great and irreparable loss and injury which cannot be compensated in any way.'Upon the aforesaid application. the learned single Judge of this Court passed an order on 19.9.2001 which is reproduced herein below : 'Since the advocates of this Court are on strike, the father of the petitioner Dr. Narendra Kumar appeared in person In support of this application. This Court vide its order dated 14th March, 2001,...
Nar Singh Vs. Deputy Director of Consolidation, Basti and ors.
Court: Allahabad
Decided on: Mar-04-2002
Reported in: 2002(2)AWC1526
R.H. Zaidi, J. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of certiorari quashing the orders passed by the Deputy Director of Consolidation and the Settlement Officer, Consolidation dated 7.1.1981 and 16.9.1980, respectively. 2. The relevant facts of the case giving rise to the present petition, in brief, are that the dispute related to Chak No. 39 of village Bisrapur and Chak No. 44 of village Gajpur, district Basti, (for short 'the land in dispute'). In the basic year, the names of Smt. Pandubba and Smt. Jhunuk Dei were recorded over the land in dispute in the revenue papers. 3. On receipt of C.H. Form No. 5, objections were filed by the respondent Nos. 3 and 4, claiming that Smt. Pandubba executed a gift deed in respect of her half share in the land in dispute in their favour on 9.2.1970. Another objection was filed by the petitioner who has claimed that Smt. Pandubba dur...
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