Allahabad Court November 2003 Judgments
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Habib Ahmad Vs. Vth Additional District Judge and ors.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2004(1)AWC540
S.U. Khan, J.1. This is tenants' writ petition. Respondent No. 3, who was the landlord of the building in dispute till 1983 filed a suit for ejectment against petitioners' father (since deceased and survived by the petitioners) before J.S.C.C., Muzaffarnagar being S.C.C. Suit No. 142 of 1979, on the ground of default and material alteration. According to the plaint allegation before filing suit, notice terminating tenancy and demanding rent was sent by respondent No. 3 on 16.10.1979, which was refused to be accepted by the tenant on 19.10.1979. In order to prove service of notice through refusal, postman was examined by the plaintiff. The tenant in his oral testimony denied refusing to accept the notice. During the pendency of the suit, respondent No. 3 transferred the property in dispute to respondent Nos. 4 and 5, through registered sale deed dated 19.4.1983. Through the sale deed, previous unpaid rent was not transferred. After purchasing the property, respondent Nos. 4 and 5 got th...
Nagendra Kumar Tripathi Vs. Chief of Army Staff and ors.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2004(1)AWC842
ORDERSushil Harkauli, J.1. Heard learned counsel for both sides.2. According to the letter of the respondents, the petitioner is said to have been prematurely discharged from service under Rule 14 (b) (iii) on his own request. The respondents also enclosed a photocopy of the request application of the petitioner.3. Against the premature discharge of the petitioner from the Army he has preferred a statutory complaint under Section 26 of the Army Act, 1950. If has been alleged by the petitioner that said statutory complaint has not been decided so far.4. In the circumstances, the respondent No. 1 is directed to consider the statutory complaint in accordance with the procedure of his office and to decide the same within three months of the date on which a certified copy of this order alongwith a self attested copy of this writ petition is presented by the petitioner before the respondent No. 1.5. Learned counsel for the petitioner has prayed that Chief of the Army Staff should be directed...
Ajay Jauhari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2004(1)AWC940
A.K. Yog and M.A. Khan, JJ.1. Present writ petition under Article 226, Constitution of India has been instituted against the impugned order of Transfer dated 28.10.2003 /Annexure-1 to the writ petition, by one Ajay Jauhari (petitioner before us) working as Assistant Registrar, Firms. Societies and Chits, U.P., Allahabad, whereby he is transferred on the post of Finance and Account Officer, Office of Excise Commissioner, U.P., Allahabad. Arvind Kumar/respondent No. 5, holding said post (of Finance and Account Officer, Office of Excise Commissioner, U.P., Allahabad) has been transferred and posted in place of Ajay Jauhari as Assistant Registrar, Firms, Societies and Chits, U.P., Allahabad.2. The backdrop of events has interesting though unusual setting.3. Ajay Jauhari initially held the post of Assistant Registrar, Firms, Societies and Chits, U.P., Allahabad. Directorate Treasury, U.P., Lucknow. A general order of transfer dated 12th July, 2000 including said Ajay Jauhari, Additional Tre...
Devendra Pratap Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2004(1)AWC936
N.K. Mehrotra, J.1. This is a writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of mandamus commanding the opposite parties to pay the salary to the petitioner for the post of Assistant Teacher L.T. Grade in Shri Vishwanath Inter College, Kalan, Sultanpur and further a mandamus commanding the opposite parties to pay the salary to the petitioner month to month and not to create any obstruction in the functioning of the petitioner and to regularise the services of the petitioner. The petitioner has also prayed for directions to the opposite parties to pay arrears of salary along with interest.2. According to the petitioner, he was initially appointed on the post of the Assistant Teacher L.T. Grade in the said college on 20.12.1998 on short term ad hoc basis. He joined on the post of Assistant Teacher L.T. Grade on 22.12.1998 and since then he has been working and performing his duties as Assistant Teacher L.T. Grade. Shri Vishwanath Inter Colle...
Zair Vs. the District Magistrate and ors.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2004CriLJ116
Vishnu Sahai, J.1. Through this writ petition, preferred under Article 226 of The Constitution of India, the petitioner detenu Zair has impugned the order dated 27-4-2003 passed by Mr. M.A. Khan, District Magistrate, Hardoi (opposite party No. 1), detaining him under Section 3(2) of the National Security Act. The detention order, along with the ground of detention, which are also dated 27-4-2003, was served on the petitioner detenu on 27-4-2003 itself and their true copies have been annexed as Annexure Nos. 1 and 2, respectively to the petition.2. The prejudicial activities of the petitioner detenu prompting the first respondent to issue the impugned detention order against him are contained in the grounds of detention (Annexure No. 2). In short their perusal shows as under :--On 2-3-2003, at about 3.00 p.m. the detenu along with his brothers Babu and Bhure, in furtherance of their common intention, reached near the house of Bajhul in village Mahmoodpur Saraiya, Patre was also present ...
Sabir HussaIn Vs. Allahtala Owner Waqf Alal Aulad and anr.
Court: Allahabad
Decided on: Nov-10-2003
Reported in: 2005(1)ARC273
S.P. Mehrotra, J.1. The present writ petition, under Article 226 of the Constitution of India, has been filed, inter-alia, praying for quashing the judgment and order dated 29th July, 2003 (Annexure 1 to the writ petition) passed by the learned Additional District Judge, Court No. 9. Moradabad (Revisional Court) and the judgment and order dated 21st March, 2003 (Annexure 2 to the writ petition) passed by the learned Judge, Small Cause Court, Moradabad.2. The dispute relates to a shop, situate Kazi Shaukat Hussain Road, Rafatpura Faizganj, Moradabad, the details whereof are given in the plaint of the suit referred to hereinafter. The said shop has, hereinafter, been referred to as 'the disputed shop.'3. It appears that the respondent No. 1 filed a suit against the petitioner for ejectment, arrears of rent, mesne profits etc. in respect of the disputed shop. It was, inter-alia, alleged in the said suit that the disputed shop was a part of the Waqf property; and that the said Waqf was reg...
Deo Saran Rai Vs. Maha NaraIn Misra and anr.
Court: Allahabad
Decided on: Nov-07-2003
Reported in: 2004(1)AWC33
Prakash Krishna, J. 1. This is an appeal under Section 75(2) of the Provincial Insolvency Act (hereinafter referred to as 'the Act') at the instance of purchaser of certain piece of land from Param Hans Jati, who died during the pendency of Insolvency proceedings before the court below and was substituted by his son Parsu Ram.2. The present appeal arises out of creditor's petition under Section 9 of the Provincial Insolvency Act, Sri Maha Naraln Misra, claiming himself as creditor of Sri Param Hans Jati filed a petition on 7.4.1975 with the allegation that Sri Param Hans and his son Sri Parsu Ram had borrowed Rs. 5,000 from him on 18.6.1974. In lieu thereof a sarkhat was executed. Thereafter Sri Param Hans Jati on 7.1.1975 executed a sale deed in favour of present appellant namely Sri Deo Saran Rat with intent to defeat the claim of the creditor. In the insolvency petition the relief that defendant No. 1 Sri Param Hans Jati (hereinafter referred to as debtor) may be declared insolvent ...
Madan Lal Bhatia Vs. Municipal Board
Court: Allahabad
Decided on: Nov-07-2003
Reported in: 2004(1)AWC39; (2004)1UPLBEC130
Prakash Krishna, J.1. This is plaintiffs appeal. Suit No, 190 of 1971 was filed for permanent injunction to restrain the defendant Municipal Board from demolishing or otherwise removing or causing damages to the shop No. 71 situate on Station Road, Moradabad.2. The plaint was instituted with the allegation that the Municipal Board, Moradabad, through its Executive Officer granted a licence to the plaintiff to construct a permanent shop over an area of 12 ft. x 8 ft. on Station Road, Moradabad. The plaintiff had raised permanent construction attached to the earth and had spent about Rs. 5,000 in the construction and had fixed the shutter and got electricity installed. The shop is being used by the plaintiff for carrying on his business of cloths and residence. The rent up to September, 1971, has already been paid. The plaintiff has been served with a notice by the Municipal Board through its Tax Superintendent dated 27th November, 1971, in which the dimensions of the shop have wrongly b...
Vinod Kumar Makhija and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-07-2003
Reported in: 2004(1)AWC336; (2004)1UPLBEC87
ORDERM. Katju and Umeshwar Pandey, JJ.1. Heard learned counsel for the parties.2. The petitioner has prayed for a writ of mandamus directing the respondents that till the regular promotion is made among vacancies of engineers in different Zila Panchayata in U. P., the ad hoc posting of the petitioners be made as engineers in the order of their seniority.3. Admittedly, the petitioners are only junior engineers and they have not been regularly selected and posted as engineers. Officiating or temporary appointment confers no right to the post. It is well settled in service law that while a permanent appointee has a right to the post, an officiating, temporary, casual or dally wage appointee has no right to the post.4. Learned counsel for the petitioner submitted that certain employees who are junior engineers and are junior to the petitioner are officiating as engineers, and the petitioners are senior to them. In our opinion, this does not confer any right to the petitioners to officiate ...
Duncans Industries Ltd. and anr. Vs. Union of India (Uoi) Overruled
Court: Allahabad
Decided on: Nov-07-2003
Reported in: AIR2004All144
M. Katju, J.1. This writ petition has been filed for a writ of certiorari for quashing the pricing policy parameters for the VIIth and VIIIth pricing periods issued by the respondent and communicated to the petitioners by letter dated 4-6-2002 vide Annexure 1 to the petition as well as the impugned fixation of the retention price by communication dated 19-8-2002 vide Annexure 2 to the petition particularly in respect of the parameters/norms mentioned in para 32 of the petition as null and void. The petitioners have prayed for a direction that the pricing policy parameters for the VIIth and VIIIth pricing periods cannot be given retrospective operation, and have prayed for a mandamus directing the respondents to continue to determine and notify the retention prices of the petitioners in accordance with the pricing policy parameters for the VIth pricing period as communicated to the petitioners vide letter dated 24-7-1997/5-8-1997 Annexure 4 to the petition and to continue to make monthl...
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