Allahabad Court November 2003 Judgments
Jagdish (D.) Through L.Rs. Vs. Deputy Director of Consolidation and or ...
Court: Allahabad
Decided on: Nov-28-2003
Reported in: 2004(1)AWC453
S.K. Singh, J.1. Challenge in this petition is the judgments of the Deputy Director of Consolidation and Settlement Officer Consolidation dated 10th January, 1975 and 4th June, 1974 (Annexures-3 and 2 respectively) and also judgment of the Deputy Director of Consolidation dated 4th August, 1975 by which petitioner's application to re-hear the matter was rejected.2 There appears to be no dispute about the fact that petitioner was recorded in the basic year record as seerdar. An objection was filed by the respondent No. 4 claiming bhumidhari rights over the land on the basis of registered sale deed dated 30th November, 1960, executed by Kumar who was original recorded tenure holder. Claim of the respondent was resisted by the petitioner on the ground that petitioner happened to be in cultivatory possession in 1359 fasli and thereafter he has been in continuous possession and thus by virtue of the entry in 1359 fasli he has become adhivasi and seerdar and in any view of the matter subsequ...
Tag this Judgment!State of U.P. Vs. Hari Ram and anr.
Court: Allahabad
Decided on: Nov-28-2003
Reported in: 2004CriLJ1895
M.C. Jain, J.1. The two accused-respondents Hari Ram and Bansu, real brothers, were tried before the Sessions Judge, Basti in S. T. No. 301 of 1980 for the offence punishable under Section 302 I. P. C. read with Section 34 I. P. C. for murdering their own brother Bhagwan Das. By judgment dated 2-4-1981 passed by Sri Chandra Mohan, the then Sessions Judge, Basti, they were acquitted. Aggrieved, the State has preferred this appeal.2. We have heard Sri K. P. Shukla, learned A. G. A. from the side of the State and Sri Sanjeev Ratna, learned counsel for the accused respondents. The record of the lower Court has also been summoned before us which we have carefully perused.3. The relevant facts may be related shortly. The incident took place on 31-8-1980 at about 7.00 a.m. in village Sitarampur, Police Station Kalwari of District Basti and the report by oral narration was lodged on 31-8-1980 at 9.25 p.m. by deceased's wife Shanti Devi at Police Station Kotwali. The F. I. R. was sent to Police...
Tag this Judgment!Ravindra Nath Rai Vs. the District Inspector of Schools and ors.
Court: Allahabad
Decided on: Nov-28-2003
Reported in: (2004)1UPLBEC1011
R. B. Misra, J.1. In this petition the order dated 21.6.1989 has been challenged wheredy D.I.O.S., Ghazipur has sent a letter to the Authorised Controller, Jharkhandey Mahadeo Rastriya Inter College, Sher Karimuddipur, post office Karimuddipur, district Ghazipur whereby Sri Suresh Prasad Pandey was allowed to work as an Assistant Clerk (Librarian) from 1st July, 1987 and the petitioner's name has not been mentioned in the order.2. It is settled proposition of law that a party has to plead the case and produce/adduce sufficient evidence to substantiate his submissions made in the petition and in case the pleadings are not complete, the Court is under no obligation to entertain the pleas. [Vide Bharat Singh v. State of Haryana : AIR1988SC2181 ; Larsen and Toubro Ltd. v. State of Gujarat and Ors. : [1998]2SCR339 ; National Building Construction Corporation v. S. Raghunathan and Ors. : AIR1998SC2779 ; Ram Narain Arora v. Asha Rani and Ors., : AIR1998SC3012 ; Chitra Kumari v. Union of India...
Tag this Judgment!Ramadhar and ors. Vs. State
Court: Allahabad
Decided on: Nov-28-2003
Reported in: 2004CriLJ2378
M. C. Jain, J.1. The appellants Ramadhar, Panna Lal and Faujdar are real brothers being sons of Sugriv and have filed this appeal against the judgment and order dated 19-9-1981 passed by Sri D. N. Sharma, the then III Additional Sessions Judge, Varanasi in S. T. No. 367 of 1980. Ramadhar has been convicted under Section 302 I. P. C. and sentenced to life imprisonment. The other two appellants have been convicted under Section 325 I. P. C. read with Section 34 I. P. C. and each of them has been sentenced to three years rigorous imprisonment.2. The incident took place on 8-8-1978 at about 7.00 P. M. in village Sonahul, Police Station Chakia, District Varanasi (now district Chandauli). The F. I. R. was lodged the same night at 9.10 P.M. by Chhedi P.W. 1, eye-witness cousin of the deceased.3. The prosecution case was that the accused appellants as also the deceased Ram Sevak and complainant were the residents of the same village and two sides were cousin inter se also. Smt. Binki was the w...
Tag this Judgment!Mukesh Chand Verma Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-28-2003
Reported in: I(2004)DMC463
Umeshwar Pandey, J.1. This revision under Sections 397/401, Cr.P.C. is directed against the order dated 2.6.2001 passed by the Principal Judge/Family Court, Meerut.2. It is alleged by the opposite party No. 2 that she was married to the revisionist in the year 1995 and as per their status her parents solemnized this marriage to the satisfaction of everbody. Subsequently there was demand of dowry, which culminated into some dispute between the parties. It is alleged that his wife fell ill and she was admitted to Dr. Ram Manohar Lohia Hospital, Delhi. The revisionist/husband left her in the hospital and came back. After she got recovered from her illness, the opposite-party Smt. Kiran Lata went to her parents' place. Since the parents of the opposite party/wife were also not financially sound she shifted to the house of her maternal uncle at Meerut. As she was not able to maintain herself and her one child borne out of the wedlock with revisionist, she preferred a petition under Section ...
Tag this Judgment!Commissioner, Sales Tax Vs. Hari Oil and General Mills
Court: Allahabad
Decided on: Nov-28-2003
Reported in: [2005]139STC514(All)
Rajes Kumar, J.1. These two revisions under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred as 'the Act') are directed against the order of Tribunal dated March 31, 1992 relating to the assessment years 1985-86 and 1986-87.2. Dealer-opposite party was carrying on the business of manufacture and sale of oil and oil cakes and was registered under Section 7 of the Central Sales Tax Act, 1956 (hereinafter referred as 'the Act'). The registration certificate under Section 7 of the Act was issued on October 30, 1984 with effect from October 23, 1984 on the application of the dealer moved on October 23, 1984. The dealer being registered dealer under the Central Sales Tax Act was entitled to get form C from its assessing authority for making the purchases from outside the State of U.P. against form C to avail the benefit of concessional rate of tax. Accordingly form C was regularly issued as and when desired by the dealer. It appears that during the assessment proceedings it w...
Tag this Judgment!Director, Motilal Nehru National Institute of Technology and anr. Vs. ...
Court: Allahabad
Decided on: Nov-27-2003
Reported in: 2004(1)AWC391; (2004)1UPLBEC438
Ashok Bhushan, J.1. These two Special Appeals raises common question of facts and law hence are being disposed of with the consent of the parties.2. We have heard Sri Ramesh Upadhyaya, advocate appearing for the appellants in both the appeals and Sri Madhu Sudan Dixit and Sri Rahul Sahai advocates appearing for the respondents-writ petitioners in these appeals.3. It is sufficient to note facts of Special Appeal No. 888 of 2003 to dispose of both the Special Appeals. The respondents-writ petitioners appeared in All India Engineering Entrance Examination, 2003 conducted by the Central Board of Secondary Education. The first Counselling for admitting the students took place from 10th July, 2003 to 18th July, 2003 in which the petitioner-respondent could not be allotted any seat. The all India rank of the petitioner-respondent Anu Shri Shukla was 44029 and that of Keerti Pratap Singh was 22835. The extended counselling was held by Central Counselling Board, however, extended counselling wa...
Tag this Judgment!Dukh Haran Verma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-27-2003
Reported in: 2004(2)AWC1147
ORDERM. Katju and P.K. Chatterji, JJ.1. The petitioner was Chairman of the District Cooperative Bank Limited, Sultanpur. This writ petition was initially filed challenging the notice for no-confidence motion meeting but thereafter the meeting was held and no-confidence motion was passed by 10 votes against the petitioner and four votes in his favour. One member did not go. There are a total of 15 members of the Board of Directors. Thus, two third of the members voted against the petitioner as required by Rule 460 of U. P. Co-operative Societies Rules, 1968. Hence we hold that the resolution for no-confidence was validly passed against the petitioner.2. Learned counsel for the petitioner submitted that the notice for calling the meeting of no-confidence was not valid. Be that as it may, since admittedly the resolution was passed by 2/3rd of the total members of the Board of Directors of the Bank the resolution was valid.3. It must be remembered that writ is discretionary remedy vide Cha...
Tag this Judgment!Paramount Bio-tech Industries Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Nov-25-2003
Reported in: [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
M. Katju, J.1. This writ petition has been filed with a prayer for a writ of ceriorari for quashing the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999 notified on 15-10-1999 (hereinafter referred to as the 1999 Regulations), vide Annexure 9 to the writ petition. The petitioners have also prayed for a mandamus directing the respondents not to treat the petitioner No. 1 as a Collective Investment Management Company.2. Heard learned Counsel for the parties, Shri S.S. Ray and Shri S.M.A. Kazmi for the petitioner and Shri S.P. Gupta for the respondent No. 4.3. The petitioner No. 1 is a public Ltd. Company incorporated under the Indian Companies Act, 1956 carrying on inter alia the business of collective hi-tech and hi-brid agro-plantation sale and development of orchards on behalf of the owners, Cottages & Agricultural land. The petitioner No. 1 has also initiated its food processing unit at NOIDA (U.P.) in the name of 'Paramount foods' for which it...
Tag this Judgment!Sudhakar Rai Vs. Superintending Engineer, 34th Finance, P.W.D. and ors ...
Court: Allahabad
Decided on: Nov-25-2003
Reported in: 2004(1)AWC595; (2004)1UPLBEC404
Ashok Bhushan, J.1. Heard Sri I. R. Singh, learned counsel for the petitioner and Sri Ajai Bhanot, learned standing counsel appearing for the respondents.2. This writ petition has been filed by the petitioner praying for issue of a writ of certiorari quashing the order dated 8.1.1975 and 21.1.1992 passed by the Superintending Engineer, 34th Finance, Public Works Department, Varanasi. A writ of mandamus has also been sought directing the respondents to count the earlier services of the petitioner with effect from 7.11.1974 till 28.4.1991 and fix his salary in accordance with law and then pay arrears of salary and also his salary month by month in accordance with law.3. Facts giving rise to the writ petition briefly stated are :By an order dated 9.10.1973 issued by the Superintending Engineer petitioner was given temporary appointment as Store Keeper on the terms and conditions as mentioned in the order. The terms and conditions of the appointment as mentioned in the appointment order pr...
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