Allahabad Court January 2004 Judgments
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U.P. State Sugar Corporation Ltd. Vs. District Judge and ors.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(2)AWC1282
Sunil Ambwani, J.1. Heard Sri R.K. Srivastava for petitioner and Sri S.K. Pandey for respondents.2. This writ petition arises out of orders passed by Additional Civil Judge (Junior Division), Saharanpur in Misc. Case No. 4A/2000 rejecting petitioner's application to set aside ex parts decree dated 10.1.2000 in Original Suit No. 215 of 1989 between Mukkha v. General Manager, U. P. State Sugar Corporation, Saharanpur and Ors., and the order of District Judge, Saharanpur dated 29.4.2002 in Misc. Civil Appeal No. 39 of 2002 dismissing the appeal against the order of the trial court.3. Brief facts, giving rise to this writ petition, are that the plaintiff filed an Original Suit No. 215/1989 for dispossession of defendants from suit land in Chak No. 136, Gata No. 252. It was alleged that the defendant forcibly entered and started digging on 10.11.1989 and that on 16.3.1990 they constructed 6 feet wall, and fitted angle iron and barbed wire over the wall. The plaintiffs claimed that the defen...
Ram Pratap Lal (D) Through L.Rs. Vs. Jameel and ors.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(2)AWC1288
Prakash Krishna, J.1. This is plaintiffs appeal. Suit No. 386 of 1981 was filed against the present defendant respondents for permanent injunction directing them to remove the disputed construction shown by letters GHIJ and MLK and hand Pipe and the trees sown by them and restored back the possession of the plaintiffs over the disputed land,2. It was pleaded that the plaintiff is owner in possession of a house described by letter 'X' and 'Baithaka' described by letter 'Z' in the map annexed with the plaint. The land towards west of the Baithaka described by letter L M C D I J K is the property of the plaintiff and is the land appurtenant to the plaintiffs house and Baithaka and has been settled with him under Section 9 of the U. P. Zamindari Abolition and Land Reforms Act. He has been in possession of the disputed land since before the abolition of zamindari and using it as a Sahan land for tethering the cattle, etc. The possessive title was also claimed and the plea of adverse possess...
Gurucharan Singh Vs. National thermal Power Corporation Ltd. and ors.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(2)AWC1365
Sunil Ambwani, J.1. By this writ petition, the petitioner has prayed for quashing the enquiry report dated 19.9.1999 submitted by Sri S.R. Khaneja, and the consequential order dated 16.8.2001, passed by the General Manager, National Thermal Power Corporation Ltd., imposing a penalty of removal from service and to quash the order dated 14.9.2002, by which the petitioner's review application was dismissed.2. I have heard Sri F.S. Chauhan and Sri S. Alim Khan for petitioner, and Sri H.R. Misra for respondents.3. Sri H.R. Misra has raised a preliminary objection to the maintainability of the writ petition. He submits that a domestic enquiry was held and that all the grounds taken in the writ petition against the order of removal from service, are in violation of standing orders applicable to National Thermal Power Corporation (in short N.T.P.C.) employees, and thus the petitioner has alternative remedy of raising an industrial dispute under the Industrial Disputes Act, 1947. He relies upon...
L.H. Sugar Factories Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(2)AWC1642
Tarun Agarwala, J. 1. The petitioner is a sugar factory and is engaged in the manufacturing of crystal clear sugar by vacuum pan process. It transpires that the petitioner could not pay the cane price dues for the crushing season 1983-84 and applied for a loan from 'Uttar Pradesh Sugar Special Fund Committee' (hereinafter referred to as the 'Committee') constituted under Sub-section (12) of Section 3 of the U. P. Sugarcane (Purchase Tax) Act , 1961. The Committee on the request of the petitioner agreed to grant a loan of Rs. 91.43 lacs for the purpose of payment of arrears of sugarcane price for the crushing season 1983-84 subject to the condition that the principal amount along with interest at the rate of 19.5% per annum would be paid in five equal annual instalments. For the aforesaid purpose an agreement dated 15.11.1984 was executed between the petitioner and the Cane Commissioner, U.P. on behalf of the Committee. It transpires that the petitioner was unable to repay the loan and ...
Raj Kumar Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(3)AWC1968a
ORDERN.K. Mehrotra, J.1. These two writ petitions have been filed for quashing the retirement notice.2. Petitioner Raj Kumar Srivastava was a Senior Clerk (Collection) working under District Assistant Registrar Co-operative Societies, Hardoi. He has challenged the retirement order dated 31.12.2001 superannuating him on attaining the age of 58 years.3. Petitioner Ganga Singh has been the Collection Amin on commission basis. He has challenged the retirement notice dated 15.10.2001 superannuating him on attaining the age of 58 years.4. The counter-affidavit and rejoinder-affidavit have been exchanged.5. I have heard the learned counsel for the parties.6. Admittedly the service condition of the petitioners are governed by the U.P. Co-operative Sangrih Kosh Niyamawali, 1982. Rule 18 of the rules deals with the retirement and dismissal, etc. It provides that in the matter of retirement and dismissal, the rules applicable in the case of the Government servant shall apply to those employees in...
Mohammad HussaIn and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004CriLJ2694
ORDERK.N. Ojha, J.1. Heard Sri S. Pratap Singh, learned counsel for the revisionist, learned AGA and have gone through the record.2. Instant revision has been preferred against the order dated 4-11-2003 passed by 1st Additional Chief Judicial Magistrate, Basti, in Criminal Case No. 2596 of 2003, State v. Lal Mohammad and Ors., police station Dudhara, district Sant Kabir Nagar, under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act by which the application of the revisionists has been rejected.3. A perusal of the record shows that one Smt. Nazbu Nisha wife of Lal Mohammad, revisionist No. 2, moved an application against him and four other under Section 156(3) Cr. P.C. in the Court of 1st Additional Chief Judicial Magistrate, Basti, containing the fact that the demand for motorcycle being not satisfied she was beaten in October 1999 and was turned out by the revisionists from their house. The application was allowed and investigation was made and a charge-sheet ...
Ram Pal Vs. State
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004CriLJ2972
Kamal Kishore, J.1. This is an appeal against the judgment and order dated 13-2-1998, passed by the then learned III additional Sessions Judge, Rae Bareli sentencing the convict appellant to undergo imprisonment for life for the offence punishable under Section 302, I.P.C. and three years R.I. for the offence punishable under Section 404, I.P.C, The sentences were directed to run concurrently.2. The prosecution case in brief giving rise to this criminal appeal is that on 7-9-1995, the deceased Smt. Kusma was cutting fodder from the field at about 5.00 p.m. When she had not returned after it became dark, her Devar (brother-in-law) Shiv Sahai PW-2 went to search for her. Several other villagers also went for searching Smt, Kusma. When they reached towards south of the village, the villagers Gajaraj, Chandrika Prasad and others raised alarm that Smt. Kusma is lying dead here. The First Information Report (Ext. Ka-1) regarding the occurrence was lodged by the informant Sheetal Lodh at poli...
National Insurance Co. Ltd. Vs. Jai Prakash Tripathi and anr.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: II(2004)ACC677; 2004ACJ1377
A.K. Yog and V.N. Singh, JJ.1. Heard Mr. Anand Kumar Sinha, on behalf of the appellant as well as Mr. M.D. Misra, on behalf of claimants-respondents.2. Alok Kumar Tripathi, son of Jai Prakash Tripathi claimant/respondent No. 1, aged about 18 years and student of B.A. 1st year in Evening Christian College, Allahabad, while he was going on road near Railway Bridge of Indian Oil, Jhalwa Road, Police Station, Dhomanganj, Allahabad was hit by a tanker registration No. USB 4634 and died while he was taken to the hospital. A copy of the claim petition has been annexed as Annexure 1 to the affidavit sworn by K.K. Singh, employee of National Insurance Co. Ltd. in support of the stay application filed in the present first appeal from order.3. In column No. 7 of the claim petition, names of the claimants have been disclosed as:(1) Jai Prakash Tripathi aged 37 years (father); (2) Suman Tripathi aged 35 years (mother); (3) Renu Tripathi aged 16 years (sister); (4) Amit Kumar Tripathi aged 13 years ...
Gulam Mohammad Ansari Vs. Iiird Additional District Judge and anr.
Court: Allahabad
Decided on: Jan-28-2004
Reported in: 2004(4)AWC3411
N.K. Mehrotra, J.1. This is writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari for quashing the judgment and order dated 1.10.1985 passed by the IIIrd Additional District Judge, Lucknow in Civil Revision No. 266 of 1982 and the judgment and order dated 31.3.1981, passed by the Judge, Small Causes Court, Lucknow in Suit No. 633 of 1980 as contained in Annexure-3 to this writ petition.2. Heard the learned counsel for the petitioner and the opposite party No. 4.3. The petitioner is a tenant in the disputed premises. Keshav Ram Gupta and one another landlord filed a suit for recovery of rent and ejectment against the petitioner after termination of the tenancy on the ground of default. The learned Judge, Small Causes Court recorded the finding that the petitioner cannot be given advantage of the rent deposited by him Under Section 30 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred t...
Baboo Lal Shukla Vs. Secretary-cum-general Manager District Co-operati ...
Court: Allahabad
Decided on: Jan-27-2004
Reported in: 2004(1)AWC886; [2004(102)FLR302]; (2004)IILLJ775All; (1994)1UPLBEC224
M. Katju and Mrs. Poonam Srivastava, JJ.1. This special appeal has been filed against the Judgment and order dated 13.10.2003 passed by the learned single Judge in Civil Misc. Writ Petition No. 32447 of 1992, Babu Lal Shukla v. Secretary-cum-General Manager, District Cooperative Bank Ltd., Allahabad and Ors.2. The appellant was working as Peon-cum-Guard as a class IV employee in District Co-operative Bank Ltd., Allahabad (hereinafter referred to as the Bank) since 1st June, 1992. Initially his academic qualification was only class 8th but later he passed High School Examination in second division in 1987. The writ petition was filed by the petitioner for his claim of promotion to class III post which was denied by order dated 20.2.1992 on the ground that he did not possess the minimum educational qualification as he was only High School passed whereas the requirement was Intermediate. The contention of the appellant is that his seniority upto 1991 was shown at serial No. 39 but subsequ...
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