Allahabad Court January 2004 Judgments
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Allahabad Development Authority Vs. Shakeel Ahmad and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(2)AWC986
A.K. Yog, J.1. Allahabad Development Authority, Allahabad through its Secretary (defendant-appellant) (hereinafter called 'A.D.A.') has filed the above noted first appeal under Section 54, Land Acquisition Act (called 'the Act') against impugned judgment and compensation award dated May 15, 1998, passed by Vth Additional District Judge, Allahabad in Land Acquisition Reference No. 51 of 1994, Shakeel Ahmad and two Ors. v. Government of U.P. through Collector and Anr. whereby the court below had enhanced compensation and fixed at the rate of Rs. 115 per sq, metre, i.e., Rs. 2,60,000 per bigha and also additional compensation under Section 23(1A) of the Act @ 12% market value along with 9% per annum interest on enhanced compensation amount w.e.f. the date of taking possession (i.e., 12.11.1990) till its actual payment and interest @ 15% per annum in case compensation amount is not deposited within one year, i.e., upto 12.11.1991.2. Details of land in question, which is subject-matter of c...
Sobaran Singh and anr. Vs. Shyam Singh
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(2)AWC1094
Prakash Krishna, J.1. This is defendants' first appeal against the judgment and decree dated 10th of April, 1990 passed in Suit No. 107 of 1986.2. The present appeal arises out of a suit filed by the respondents for specific performance of an agreement dated 10th of May, 1985. The suit was instituted on the pleas, inter alia, that the plaintiff was the owner of the half share in agricultural plot No. 288 situate in village Urmura Kirar, Tehsil Sikohabad. He was bhumidhar with transferable right. On 10.5.1985 he executed a sale deed in favour of Smt. Jai Rani for a sum of Rs. 40,000 in respect of the land in suit. In the said sale deed it was agreed between the parties that if the plaintiff pays a sum of Rs. 40,000 within a period of one year, defendants shall reconvey the land in suit in favour of the plaintiff. The plaintiff has sought the specific performance of the said condition as his request to the defendants to execute the deed of reconveyance to the defendants yielded no result...
Veera Nath Vs. Director of Education and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(2)AWC1091; (2004)2UPLBEC1448
Vineet Saran, J.1. This writ petition has been filed with a prayer for quashing the order dated 5.12.2001 passed by respondent No. 1 as well as the consequential orders dated 29.12.2001 and 5.2.2002 passed by the District Inspector of Schools-II, Allahabad and respondent No. 4 institution respectively. A further prayer has been made for a direction to the respondents to pay regular salary of Assistant Teacher to the petitioner.2. Brief facts relevant for the purposes of decision of this writ petition are that on the retirement of one Smt. E. M. David an Assistant Teacher in the primary section of the respondent No. 4 institution on 30.6.1996, a vacancy occurred on the post of Assistant Teacher. By letter dated 6.11.1996, the respondent No. 4 institution sought permission from the respondent authorities for filling up the aforesaid vacancy of Assistant Teacher in the B.T.C. grade. On 19.2.1997 the Deputy Director of Education, Madhyamik, Region IVth, Allahabad accorded permission to the...
Gaya Prasad Chaudhary Vs. Director of Education (Madhyamik) and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(2)AWC1285; (2004)2UPLBEC1442
R.B. Misra, J.1. Heard Sri A.K. Gupta, learned counsel for the petitioner and Sri Prakash Padia, learned counsel for the Committee of Management respondent No. 4 and Sri S. Sharma/Sri Sandeep Mukherjee, learned standing counsel for the State.2. According to the petitioner he is live member of the society/ institution and has prayed for writ of mandamus commanding the respondent No. 1 to decide the petitioner's representations dated 17.9.1998 and 20.12.1999 (Annexures-3 and 4 to the writ petition). The petitioner has not been able to demonstrate what is the locus standi for getting decision on the representations therefore, the writ petition cannot be adjudicated upon. In similar writ petition this Court on 10.4.2002 in Writ Petition No. 31215 of 1998, Ram Kishore Das v. Director of Education (Secondary), U. P., Allahabad, while dismissing the writ petition has observed as below :'I have perused the averments made in the writ petition in paragraph 2 whereof, it has been stated that the ...
Hajeri Lal Sahu Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: AIR2004All190
ORDERS.N. Srivastava, J.1. Petitioner has assailed the order dated 20th Dec., 1999 passed by Stamp Authority. Kaushambhi and also the revisional order passed in revision preferred against the said order dated 3-6-2003.2. Facts forming background to the challenge are that petitioner purchased Plot No. 117 admeasuring 11 Biswas 19/25 Dhoor situated in village Jodhlilwar Pargana and Tahsil Chail district Kaushambhi and Plot No. 330 admeasuring 3 Biswas, 9, 1/10 Dhoor situated in village Faridpur Sulempur Pargana and Tahsil Chail District Kaushambhi from one Kishan Lal resident of Sulempur. From a perusal of the record, it is clear that Kishan Lal sold off his entire share in the land in dispute and petitioner paid stamp duty after assessing valuation thereof in accordance with law.3. From a perusal of the report of Lekhpal it is clear that the land in dispute are situated on the boundaries of two villages. It is also not disputed that one of the village, namely, Jodhliwar is a non-residen...
Committee of Management, Rajasthan Inter College and anr. Vs. State of ...
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(2)AWC1645; (2004)2UPLBEC1451
Vineet Saran, J. 1. These are two writ petitions relating to the dispute with regard to the Committee of Management of Rajasthan Inter College, Mirzapur. Writ Petition No. 2673 of 2004 has been filed by the Committee of Management of the said college with Sri Prafulla Kumar Singhania as Manager with the following prayers :'(a) to issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the election process which is scheduled to be held on 1st February, 2004 ;(b) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the functioning of petitioner No. 2 as Manager to the Institution, namely, Rajasthan Inter College, Mirzapur.(c) issue a writ, order or direction of a suitable nature which this Hon'ble Court may deem Just, fit and proper in the circumstances of the case to meet the ends of justice between the parties ;(d) award the cost of the instant writ petition to the petitioner.'2. Writ P...
Devendra Mohan and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(3)AWC2162
B.S. Chauhan, J.1. This writ petition has been filed challenging the order dated 12.11.2003 (Annexure-IV), by which the learned trial court has dismissed the application of the petitioner for amending the written statement.2. A suit was filed in 1991 by the respondent Nos. 2 to 5 for ejectment and possession in respect of the land in dispute. Petitioners filed the written statement and the trial picked up progress. Present petitioners/defendants filed an application under Order VI Rule 17 of the Code of Civil Procedure on 25.3.2003, which has been rejected vide impugned judgment and order dated 12.11.2003. Hence this petition.3. According to the petitioners, the application could not have been dismissed for the reason that the application was bona fide and the amendment, if allowed, would facilitate the conclusion of the trial. Delay cannot be the ground for dismissal of the application.4. However, the learned standing counsel appearing for respondent No. 1 has vehemently opposed it an...
Katwari and ors. Vs. Gur Dayal Singh and Co. and anr.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: II(2004)ACC207; 2004ACJ1159
Ashok Bbushan, J.1. Heard Ms. Anita appellants and Mr. Pradeep Kumar, learned Srivastava, learned counsel appearing for counsel appearing for the respondents.2. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 challenging the judgment and decree dated 31.10.1991 of the Motor Accidents Claims Tribunal, Allahabad.3. Brief facts giving rise to this appeal are: husband of appellant No. 1, Ram Dularey, while going on a cycle on 2.10.1982 was hit by truck No. UTY 1255 resulting in his death on the spot. Appellant No. 1, who is the widow and appellant Nos. 2 and 3, who were minor daughters at the relevant time, filed Claim Petition No. 181 of 1985 claiming compensation of an amount of Rs. 1,50,000/-. In support of the claim petition, appellant No. 1, Head Constable Vindhyachal Singh, Mahfooz Ahmad, Abdul Saleem and Ramesh Chandra were examined. Tribunal framed three issues. Finding on issue No. 1 was recorded in favour of claimants. While deciding issue No. 2 it was he...
Shahnaz Ayurvedics Vs. Commissioner of Central Excise
Court: Allahabad
Decided on: Jan-29-2004
Reported in: 2004(173)ELT337(All)
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 14-5-2003 (Annex. 10) passed by the Customs Excise and Gold (Control) Appellate Tribunal, hereinafter called the 'CEGAT', by which the Tribunal has dismissed the appeal against the orders dated 7-8-1998 and 24-11-1998 passed by the adjudicating authority.2. Facts and circumstances giving rise to this case are that the petitioner No. 1 claims that it manufactures Ayurvedic medicines since 1986 after obtaining the licence under the Drugs and Cosmetics Act, 1940 hereinafter called 'the Act 1940' and the Rules framed thereunder, hereinafter called 'the Rules'. In September, 1987, the officers of the Central Excise department conducted investigation in the process of manufacturing of the products by the petitioner No. 1 as well as nature thereof. In 1988, dispute arose as to whether the products manufactured by petitioner No. 1 could fall within the category of Ayurvedic medicines or were in fact Cosmetics use...
Bela Cement Limited Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-29-2004
Reported in: [2004]137STC430(All)
M. Katju, J.1. Both the above writ petitions are being disposed of by a common judgment.2. Heard Sri Shanti Bhushan, learned Senior Advocate, Sri Bharat Ji Agrawal, learned Senior Advocate, Sri Piyush Agrawal and Sri Sanjay Pathak appearing for the petitioners and learned Additional Advocate-General and Standing Counsel for the respondents.3. These writ petitions have been filed for quashing the impugned notification dated February 27, 1998 (vide annexure 1 to the writ petition) insofar as the condition No. 1 in the said notification is concerned.4. The petitioners are public limited companies incorporated under the Indian Companies Act having their manufacturing units in Rewa in the State of Madhya Pradesh where the petitioners are carrying on the business of manufacturing of cement which is sold in several States.5. In para 5 of the petition it is stated that for the manufacture of cement in its factory at Rewa in Madhya Pradesh, the petitioners procure fly ash from the Thermal Power...
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