Allahabad Court April 2003 Judgments
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Aqua Zawwar Ali Khan Vs. Controller, Shia Central Board of Wakf
Court: Allahabad
Decided on: Apr-10-2003
Reported in: 2003(4)AWC3323
N.K. Mehrotra, J.1. This is a revision under Section 76 of the U . P. Muslim Waqfs Act, 1960 against the order/award dated 2.4.1997, passed by the Civil Judge (Senior Division), Lucknow/Tribunal in R. S. No. 343 of 1996.2. I have heard the learned counsel for the parties and have perused the record.3. It appears that one Nawab Sajjad Ali Khan created a waqf known as Sajjadia Qadim on 6.5.1921 and Sajjadia Jadid by waqf deed dated 28.2.1934. Five members committee was appointed under the waqf-deed. The waqif provided that every mutwalli shall have right to appoint his successor mutawalli. It was also provided that if any mutawalli does not nominate his successor and dies, then firstly, the Mujtahid-ul-asr secondly, the Hakim-e-Waqt shall have right to appoint a competent person on his place. In one waqf there was a five members' committee and in other there was six members' committee. In the waqf deed dated 22.2.1934, it was provided that every mutawalli shall have a right to nominate h...
ChiraguddIn Vs. HajimuddIn Alias RafiuddIn and ors.
Court: Allahabad
Decided on: Apr-10-2003
Reported in: 2003CriLJ4106
D.P. Gupta, J.1. Feeling aggrieved by the order of acquittal dated 27th August, 1979, passed by the VIth Additional District and Sessions Judge, Agra, in Sessions Trial No. 459 of 1975: State v. Haji Muddan and four others, under Sections 302, 149, 148 and 147, I.P.C., P. S. Rakabganj, district Agra, complainant Chiraguddin has preferred this appeal under Section 378(4), Cr. P. C. Leave to appeal was granted by this Court vide order dated 18th August, 1980.2. The facts giving rise to this appeal can be narrated in brief as under:Chiraguddin, complainant (appellant), was going from his house situated in Dhulikhar to his another house in Meera Hussaini in Agra on 23rd May, 1972. On the way, he stopped at the betel shop of Gulab, situated at Mantola Tiraha, for taking 'paan' (betel). It was about 10 p.m. He saw deceased Saiduddin Qureshi and Aaquil coming from the side of Ghetia Mama-Bhanja. Saiduddin and Aaquil addressing Chiraguddin said as to why he alone was taking 'paan'. They would ...
Abhay Kumar Srivastava Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Apr-10-2003
Reported in: 2003CriLJ4102
U.S. Tripathi, J.1. The petitioner has filed this writ petition for quashing his detention order dated 23-9-2002, passed by District Magistrate, Gorakhpur, respondent No. 2, under Section 3(2) of the National Security Act.2. The grounds of detention served on the petitioner along with the order of detention disclosed that the petitioner was a criminal minded person and was indulged in criminal activities since 1994. He along with his associates was acquiring money by illegal means. Five cases of murder, robbery and possession of illegal arms were registered against him in district Gorakhpur. Vinod Kumar Tiwari was close associate of the petitioner, who was helping him in his criminal activities. Several cases of dacoity and possession of illegal arms were also registered against the petitioner in neighboring district of Basti and Sant Kabir Nagar. Criminal history of the petitioner showed that he was indulging in criminal activities since 1994.3. On 22-7-2002 at about 10.45 a.m. at Moh...
Ajay Kumar Shakya and anr. Vs. Kanti Devi and anr.
Court: Allahabad
Decided on: Apr-10-2003
Reported in: II(2003)ACC649; 2004ACJ1010
S.P. Srivastava, J.1. Heard the learned counsel for the appellants.The appellants have filed the present appeal feeling aggrieved by the award of the Motor Accidents Claims Tribunal determining an amount of Rs. 1,91,250 as just compensation to which the injured-claimant was found entitled to on account of the grievous injuries suffered by her in an accident involving the offending motor vehicle, a motor cycle which had caused the accident resulting in the grievous injuries at the time it was being run rashly and negligently by the present appellant.2. The Tribunal, after careful consideration of the evidence and the materials brought on record, had come to the conclusion that the injured, the minor daughter of Ram Narain Gupta, was aged about 6 years at the time of the accident and the injuries caused to her in the accident had resulted in 25 per cent permanent disability. Her right leg had been fractured and after treatment for about an year, she was able to walk but not in a normal w...
Moti Lal Vs. Bharat Electronics Limited (Government of India, Enterpri ...
Court: Allahabad
Decided on: Apr-10-2003
Reported in: (2003)2UPLBEC1620
S.P. Mehrotra, J. 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia praying for issuance of writ, order or direction commanding the respondents not to enforce their orders dated 5.7.2001 (Annexure 1 to the writ petition) and the order dated 13th July, 2001 (Annexure 4 to the writ petition) by transferring the petitioner from Ghaziabad to Bangalore.2. It has, inter alia, been alleged by the petitioner in the writ petition that the petitioner is an employee in Bharat Electronic Limited and has at all relevant times and also at all time been posted in its Ghaziabad Unit, and that the petitioner has been working as Junior Accountant in the Wage Group-VII, I.A./G.A.D. and has been transferred to Internal Audit, Bangalore Complex, Bangalore by the order dated 5.7.2001 (Annexure 1 to the writ petition); and that the petitioner made a representation against the said order of transfer, but the same was rejected by the order dated 13.7.2001...
Dr. Lakhte Mustaffa Kazmi Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-10-2003
Reported in: (2003)2UPLBEC1351
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 2.1.2003 passed by the State Authorities by which the representation of the petitioner for continuous service and other benefits has been rejected.2. Facts and circumstances giving rise to this case are that petitioner had been appointed on temporary basis as a Medical Officer in a Public Health Centre in Distt. Saharanpur on 16.10.1975. He joined the services on 24.11.1975. He applied for joining the Diploma Course and the respondent authority allowed him to join the same in 1978 on the condition that he would execute the bond to continue in service for a period of 5 years. After completion of the Diploma Course he joined the service. He was transferred vide order dated 15.2.1979 from the Health Centre in Distt. Saharanpur to Lucknow. Petitioner did not join the service at transferred place, as there had been some difficulty of not declaring his result of the Diploma Course. Petitioner field some applica...
Anirudha Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Apr-09-2003
Reported in: 2003(3)AWC2404
ORDERM. Katju, J. 1. Heard learned counsel for the parties.2. This petition relates to fishery rights over the pond in question. The fishery rights had been granted to the petitioner from the year 1993 to 1998 but no fishery right was granted in his favour after the year 1998. However, it was granted in favour of the respondent No. 7 from 4.8.1998 to 3.8.2008. Aggrieved, this writ petition has been filed in this Court.3. It has been held by several Division Bench decisions of this Court that there can be no renewal of the fishery right vide Desh Kumar and Ors. v. State of U. P. and Ors., 1998 (2) AWC 958 ; Abdul Gaffar v. State of U. P. and Ors., 1998 (1) AWC 706 and instead there has to be a fresh auction. It has also been held in these decisions that fishery right or any other public contract can only be granted after advertising the same in two well-known newspapers having wide circulation and thereafter holding public auction/public tender in which all eligible persons can apply, o...
U.P. State Road Transport Corporation Vs. Smt. Madhu Sharma and ors.
Court: Allahabad
Decided on: Apr-09-2003
Reported in: III(2003)ACC717; 2003(4)AWC2620
S. P. Srivastava, J.1. Heard the learned counsel for the owner appellant.2. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988, feeling aggrieved by the award of the Motor Accident Claims Tribunal, Meerut, determining an amount of Rs. 8,92,700 as just compensation to which the dependants of the deceased Subodh Kumar Sharma were found entitled to on account of his untimely death having been caused in an accident involving the offending motor vehicle-the bus which was owned and being run by the present appellant.3. The Motor Accident Claims Tribunal, after careful consideration of the evidence and materials brought on record, had come to the conclusion that Subodh Kumar Sharma had died in an accident involving the offending motor vehicle on 27.4.1996. The deceased was aged about 39 years at the time of death and was employed as a Senior Teacher in Kendriya Vidyalaya, Air Force, Station Hindon, Ghaziabad.4. It may be noticed that the death had occ...
Ram Swarup Vs. Collector and ors.
Court: Allahabad
Decided on: Apr-09-2003
Reported in: 2003(4)AWC2673
Mukteshwar Prasad, J.1. We have heard Sri Harihar Prasad Tripathi, learned counsel for the petitioner and standing counsel, appearing for the respondents on merits.2. By means of this writ petition, the petitioner has challenged the order dated 5.7.1984, passed by the then Collector, Fatehpur (Annexure-1 to the writ petition), mainly on the ground that neither valid notice was issued to the petitioner nor opportunity of hearing was given to him as required by Sub-section (3) of Section 15A of U. P. Bhoodan Yagna Act, 1952 (hereinafter referred to as the Act). Moreover, there was no material before the Collector for cancelling the grant made in favour of the petitioner. The petitioner was landless and grant was made in accordance with law and Rules as existed on the date of grant. It was also contended that no counter-affidavit has been filed on behalf of the respondent and as such the averments made in the petition have to be accepted.3. We have gone through the impugned Judgment and o...
State of U.P. Through Secretary, Home Department and anr. Vs. Lal Moha ...
Court: Allahabad
Decided on: Apr-09-2003
Reported in: 2003(4)AWC3322
N.K. Mehrotra, J.1. This is an appeal under Order XLIII Rule 1 (d) of the Code of Civil Procedure against the Judgment and order dated 11.5.1993, passed by the IInd Additional District Judge, Sultanpur rejecting an application moved for setting aside ex parte order in Claim Petition No. 59 of 1990, Lal Mohammad alias Lallan v. State of V. P. and Ors.2. It appears that Lallan filed a claim petition and it was allowed ex parte awarding a compensation of Rs. 18,500. The appellant moved under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte award dated 19.5.1992 along with an application under Section 5 of the Limitation Act for condonation of delay. The learned Tribunal dismissed this application for condonation of delay. It is against this order that the present appeal has been filed under Order XLIII Rule 1 (d) of the Code of Civil Procedure.3. At the time of the hearing, the learned counsel for the respondent has contended that this appeal is not maintaina...
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