Allahabad Court March 2003 Judgments
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Vipul Agarwal Vs. Atul Kanodia and Co.
Court: Allahabad
Decided on: Mar-07-2003
Reported in: AIR2003All280; 2003(3)ARBLR242(All); 2003(3)AWC1897
S.P. Srivastava, J. 1. Feeling aggrieved by the order passed by the District Judge, Kanpur Nagar, dismissing the objections preferred under Section 34 of the Arbitration and Conciliation Act, 1996, against the award dated 17.11.1997, the objector appellant has now come up in appeal before this Court, seeking redress praying for setting aside the impugned order passed by the District Judge. 2. We have heard the learned counsel for the objector appellant. The learned counsel representing the contesting respondent, who has put in appearance at this stage, has also been heard. 3. As jointly requested by the learned counsel for the parties, this appeal is being finally disposed of at this stage. 4. The facts shorn of details and necessary for the disposal of this appeal lie in a narrow compass. M/s. Atul Kanodia and company, a proprietorship firm through its proprietor Mr. Atul Kanodia had approached the U. P. Stock Exchange Association Ltd., Kanpur Nagar, seeking arbitration reference rais...
Krishna Mangal Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Mar-07-2003
Reported in: 2003(3)AWC2043
Vishnu Sahai, J. 1. Through this writ petition, preferred under Article 226 of the Constitution of India, the petitioner-detenu Krishna Mangal Singh has impugned the order dated 26.7.2002 passed by the first respondent, Mr. Girdhari Lal, District Magistrate, Sitapur, detaining him under Section 3(2) of the National Security Act.The detention order along with the grounds of detention, which are also dated 26.7.2002, was served on the petitioner-detenu on 27.7.2002 and their true copies have been annexed as Annexures-1 and 2 respectively to this petition.2. The prejudicial activities of the petitioner-detenu prompting the first respondent to pass the Impugned order against him are contained in the grounds of detention. Their perusal would show that the impugned order is founded on a solitary C.R., namely, C.R. No. 131 of 2002, under Section 302/307/504/34, I.P.C. of police station Sandana, district Sitapur, registered on the basis of a complaint dated 21.6.2002 lodged by Govind Prasad.Th...
Hotel Taj Ganges and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-07-2003
Reported in: AIR2003All304
ORDER1. This Writ Petition No. 287 (Tax) of 1998 has been filed for a writ of certiorari to quash the impugned order of the Assistant Entertainment Tax Commissioner, Varanasi dated 24-9-1993 and 27-12-1993 Annexures 3 and 4 to the writ petition No. 287 (Tax) of 1998. Writ Petition No. 361 (Tax) of 1998 has been filed for quashing the orders dated 17-8-1998, 23-6-1998 and 27-4-1998 and for refund of the amount said to be illegally realized from the petitioner. Writ Petition No. 1056 of 1994 has been filed for quashing the orders dated 13-12-1993 and 6-1-1994. The petitioners have also prayed for a mandamus directing the respondents not to levy any entertainment tax on the petitioner on its providing dish-antenna services to its room in its hotels and to refund the amount said to be illegally realized by the respondents.2. Heard learned counsel for the parties.3. The petitioners are 5 Star government approved hotel which provide boarding and lodging facilities to its customers. The petit...
Ram Pyare Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: 2003(2)AWC1453
ORDERVincet Saran, J. 1. Heard Sri Y.K. Saxena for the petitioner as well as Sri Anil Kumar for respondent No. 2 and learned Standing Counsel for respondent Nos. 1, 3 and 4.2. By means of this writ petition, a prayer has been made for quashing the order dated 19.2.2003 passed by the District Inspector of Schools, Gorakhpur.3. The facts in brief are that in pursuance to the Advertisement No. 1 of 2002 dated 3.3.2002 for appointment of Principal in Bhumidhar Inter College Slkriganj, Gorakhpur, the respondent No. 6 Kaushal Kishore Singh had admittedly been selected as Principal of the said college by the U. P. Secondary Education Service Selection Board, Allahabad vide its order dated 25.11.2002. Thereafter on 26.12.2002 the District Inspector of Schools, Gorakhpur directed that the selected candidate may be given the charge of Principal of the college but despite repeated requests, the charge of Principal has not been handed over to the selected candidate by the petitioner and hence, the...
Umesh Kumar Vs. Smt. Kiran Devi
Court: Allahabad
Decided on: Mar-06-2003
Reported in: II(2003)DMC4
ORDERN.K. Mehrotra, J.1. This is a revision under Section 115 of the Code of Civil Procedure against the order dated 16.11.2002 passed by the Civil Judge (Senior Division), Lakhimpur Kheri in Suit No. 243 of 2001 under Section 24 of Hindu Marriage Act, 1955.2. I have heard the learned counsel for the revisionist at admission stage.3. The revisionist has filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife-respondent Smt. Kiran Devi. During the pendency of the suit, the respondent has moved an application under Section 24 of the Hindu Marriage Act. This application has been decided by the impugned order. The learned trial court had recorded a finding that the respondent Smt. Kiran Devi has no independent income sufficient for her support and the necessary expenses of the proceedings. After recording this finding, the trial court had awarded Rs. 1,500 in lump sum as litigation expenses and Rs. 400 per month as maintenance allowance fr...
Jagannath Vs. Lala Ram and anr.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: 2003(2)AWC1669
ORDERN.K. Mehrotra, J.1. This is a revision under Section 115 of the Code of Civil Procedure against the order dated 13.1.2003 passed by the Civil Judge, Havali, Junior Division, Lucknow in Regular Suit No. 755 of 1999 : Lala Ram v. Jagannath and Anr., rejecting the application C-21 of the defendant-revisionist under Order VII Rule 11 of the Code of Civil Procedure.2. I have heard the learned counsel for the revisionist.3. The plaintiff filed a suit for declaration that the Will dated 21.1.1981 executed by Devi Prasad, father of the plaintiff in favour of the defendants is void and further declaration that defendant No. 1 is the son of defendant No. 2 and he has no right to inherit the property of Devi Prasad, father of the plaintiff and permanent prohibitory injunction restraining the defendant from interfering in the possession over the disputed agricultural land. Defendant appeared and moved an application C-21 under Order VII Rule 11, Code of Civil Procedure with the allegations th...
Brijendra Prakash Kulshreshtha Vs. Director of Education and ors.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: 2003(3)AWC1873b
R.B. Misra, J.1. Heard Sri G.K. Singh, learned counsel for the petitioner as well as Sri S.S. Sharma, Sri Raj Kumar and Miss Enaksht Sharma, learned standing counsel for the respondents.2. In this writ petition, the orders dated 1.12.1994 and 8.12.1994 passed by the District Inspector of Schools, Jhansi and the authorised controller, i.e., (Annexures-8 and 9) respectively are challenged. The prayer of the petitioner to retire him at the age of 60 years has been rejected whereby the second option form submitted by the petitioner opted to retire at 60 years of age has been rejected.3. The petitioner was appointed as an L.T. grade teacher in Saraswati Inter College, Sipri Bazar, Jhansi, duly recognised and is governed by the provisions of U. P. Secondary Education Services Commission and Selection Board Act, 1982 and U. P. Intermediate Education Act, 1921. As per the provisions laid down under Regulation 21 of Chapter III of U. P. Intermediate Education Act, 1921, the age of superannuatio...
Brij Mohan Vs. Central Administrative Tribunal and ors.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: 2003(3)AWC1977
V.K. Shukla, J.1. In the instant writ petition, the petitioner has questioned the validity of the judgment and order dated 26.8.1998 passed by Central Administrative Tribunal, Principal Bench, New Delhi, in Original Application No. 2128 of 1997, Brij Mohan v. Union of India, and has prayed for a writ in the nature of certiorari for quashing the termination order dated 26.4.1991 and verbal order dated 7.10.1992 passed by Registrar, Central Administrative Tribunal. Allahabad Bench, Allahabad.2. The facts of the case, in brief, are that the petitioner was selected by the Vice-Chairman of the Central Administrative Tribunal, Allahabad Bench, Allahabad, on the post of driver on temporary basis in the pay scale of Rs. 950-1,500 for a period of three months. Subsequently, by means of letter dated 13.3.1990, the temporary appointment of the petitioner was extended till further orders. Subsequently, the services of the petitioner were dispensed with on 26.4.1991 by the Registrar exercising and ...
Manish Misra Vs. State of U.P.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: 2003CriLJ4085
ORDEROnkareshwar Bhatt, J.1. This appeal is directed against judgment and order dated 15-9-1997 passed by the then VIth Addl. Sessions Judge, Agra in Special Case No. 123 of 1997. The appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and sentenced to ten years rigorous imprisonment and to pay a fine of Rs. one lakh. In default of payment of fine simple imprisonment for three years has been ordered.2. Sri Rashid Jalil, learned Amicus Curiae, and the learned A.G.A. for the State have been heard.3. Record of the case shows that on 15-4-1997 at 10.40 p.m. near railway bridge in Mokalla Shahganj police station Shahganj District Agra 24.5 Grams heroin was recovered from possession of the appellant, for the possession of which he had no licence. On Chemical Examination the contraband seized was found to be heroin.4. The trial Court framed charge on 15-9-1997. The charge was read over to the appellant who ac...
Titu Singh Vs. District Magistrate/Collector and ors.
Court: Allahabad
Decided on: Mar-06-2003
Reported in: (2003)2UPLBEC1283
Mukteshwar Prasad, J.1. We have heard Sri Ashok Srivastava, holding brief of Sri M.K. Rajvanshi, learned Counsel for the petitioner and Sri Vivek Mishra, and Sri C.P. Mishra learned Standing Counsel appearing for the respondents.2. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the recovery certificate/citation dated 12.5.1997, issued by respondent No. 3(Anncxure 6 to the writ petition) and for a direction to the respondents No. 1 and 2 not to proceed against the person and property of the petitioner on the basis of recovery certificate/citation dated 12.5.1997. The petitioner participated in an auction for collecting parking fee conducted by Nagar Panchayat Raya, District Mathura, for the year 1996-97 and Sri Titu Singh (the petitioner) was the higher bidder, the bid being Rs. 20,06,000/-. An agreement was executed between the parties. The petitioner deposited a sum of Rs. 10,37,000/- upto 15th October, 1996. The respondent...
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