Allahabad Court January 2004 Judgments
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Shashi Rai (Smt.) Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jan-22-2004
Reported in: [2004(101)FLR75]; (2004)1UPLBEC1002
ORDERRakesh Tiwari, J.1. Heard Counsel for he petitioner and perused the record.2. The petitioner alleges to be an Auxiliary Nurse and Midwife a present posted a Duddhhi, District Sonebhadra. The grievance of the petitioner is that by the impugned order dated 22.11.2003 alleged to be passed under political pressure she has been transferred with immediate effect from the Community Health Centre, Duddhhi, District Sonebhadra to the Primary Health Centre, Nagwan in the same district. She alleges the her transfer in mid-academic session from Community Health Centre, Duddhhi to Primary Health Centre, Nagwan which is more than 130 Kms. away from Duddhhi where her son is studying in Class VI will adversely affect the study of her son specially when his annual examination has to commence within three months.3. Transfer of Government servants is the exigency of service and this Court normally does not interfere with the same unless and until the transfer order is arbitrary and mala fide. The pe...
Committee of Management, Sri Nehru Inter College and anr. Vs. State of ...
Court: Allahabad
Decided on: Jan-22-2004
Reported in: (2004)2UPLBEC1299
R.K. Agrawal, J.1. Sri Y.K. Saxena who represents the respondent No. 3, has made a statement at bar that he does not propose to file any counter affidavit and the writ petition be disposed on the basis of the averments made in the writ petition.2. By means of the present writ petition filed under Article 226 of the Constitution of India, the Committee of Management, Sri Nehru Inter College, Auraiya through its Manager, Sri Radha Krishna Chaturvedi and Sri Radha Krishna Chaturvedi in his personal capacity as Manager of the College, seek a writ, order or direction in the nature of certiorari quashing the order dated 1st January, 2004 passed by the District Inspector of Schools, Auraiya, respondent No. 2, filed as Annexure-13 to the writ petition.3. Briefly stated, the facts giving rise to the present writ petition are as follows.In the district of Auraiya, there is an Intermediate College in the name and style of Sri Nehru Inter College (hereinafter referred to as 'the College'). It is r...
Vishnu Bhagwan Agrawal and anr. Vs. National Insurance Company Ltd. an ...
Court: Allahabad
Decided on: Jan-22-2004
Reported in: 2004(3)AWC1969
Y.R. Tripathi, J.1. This appeal has been directed against the judgment and order dated 22,4.1997 passed by Sri Ram Prakash, the then Civil Judge (Senior Division). Mohanlalganj, Lucknow in regular suit No. 80 of 1999 and Misc. Case No. 114/89, whereby he having allowed the objection filed by the respondent No. 1 against the award dated 3.3.1989 in the case of Shakun Udyog, Sriram Road, Lucknow through its proprietor Vishnu Bhagwan Agrawal v. National Insurance Company and Anr., has set aside the award and remitted the case to the Umpire for making a reconsidered award within a period of four months.2. The factual matrix of this appeal, shorn of unnecessary details, is that the appellants obtained an insurance policy from respondent No. 1, whereby they got their jute stock worth Rs. ten lacs kept in the premises of Haryana Oil Mills situate at Aishbagh Road, Lucknow and mortgaged in favour of Bank of Baroda, Hazratganj, Lucknow. Initially the jute stock was got insured for the period fr...
Gopal Singh and ors. Vs. Collector and ors.
Court: Allahabad
Decided on: Jan-20-2004
Reported in: 2004(1)AWC883; (2004)2UPLBEC1328
Prakash Krishna, J.1. The State Government for Kendriya Bhandar Tatha Krayashala acquired Plot Nos. 440 and 441 measuring 2 Bigha 7 Biswa, i.e., 6474 sq. yard situated in village Gailana Kushtakil, Tehsil and district Agra by issuing a Notification dated 29.5.1975 under Section 4 of the Land Acquisition Act. The notification under Section 6 of the aforesaid Act is dated 24.7.1975. The possession was taken on 11.3.1976. A sum of Rs. 16,995 was awarded by the Land Acquisition Officer as compensation. Aggrieved against the said award the claimant-appellant got made a reference through the Collector under Section 18 of the Land Acquisition Act to the civil court for determination of compensation amount. The claimant-appellant claimed compensation initially at the rate of 25 per sq. yard, which was subsequently enhanced to Rs. 35 per sq. yard. The reference court by its judgment and award dated 24.12.1987 given in reference No. 41 of 1978 has fixed the compensation at the rate of Rs. 7 per ...
Sharda (D) Through L.Rs. Vs. Manohar (D) Through L.Rs. and ors.
Court: Allahabad
Decided on: Jan-20-2004
Reported in: 2004(2)AWC1670
Prakash Krishna, J.1. The suit out of which present appeal has arisen was brought by the plaintiff respondent for cancellation of sale deed dated 18.1.1966 executed by the defendant No. 2, in favour of defendant No. 1 (appellant). The said sale deed is in respect of a house described in the plaint. The suit was filed on the allegations that the property in dispute is ancestral property. The impugned sale deed dated 18.1.1966 was executed by Ram Nath. The plaintiff Nos. 1, 2 and 3 are sons of Shiv Govind having half share in the disputed property and the plaintiff Nos. 4, 5 and 6 are the sons of Ram Nath and they along with their father Ram Nath have remaining half share in the disputed property. The pedigree has been given in the plaint, which is not in dispute. The cancellation of the sale deed was sought on number of grounds including that the sale deed was got executed by Sharda, the appellant, in his favour by playing fraud and no sale consideration was passed. The property in disp...
V.K. Sharma Vs. Mrs. Enid Paul
Court: Allahabad
Decided on: Jan-20-2004
Reported in: 2005(1)ARC140
S.P. Mehrotra, J.1. The present Writ Petition has been filed by the petitioner, interalia, praying for quashing the order dated 14.12.2003 (Annexure-VI to the Writ Petition) passed by the learned Additional District Judge, Court No. 14, Kanpur Nagar on an Application dated 31.10.2003 (Paper No. 34 GA) filed in S.C.C. Suit No. 32 of 2002.2. The dispute relates to an accommodation on the ground floor in premises No. 10/457-D (Flat No. 4), Civil Lines, Kanpur Nagar. The said accommodation has hereinafter been referred to as 'the disputed accommodation'.3. From a perusal of the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent filed a Suit against the petitioner for ejectment, arrears of rent, damages, etc. in respect of the disputed accommodation, interalia, on the ground of material alteration. The said Suit was registered as S.C.C. Suit No. 32 of 2002. Copy of the plaint of the said Suit has been filed as Annexure-l to the Writ Petition.4. It ...
Bulk India Transport Co. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Jan-19-2004
Reported in: (2004)191CTR(All)161; [2004]266ITR144(All)
1. The controversy involved in this case lies in a very narrow compass. Against the assessment order the petitioner has preferred an appeal and along with memo of appeal he has filed an application for interim relief. However, the application for interim relief has not been entertained for want of statutory provision to grant interim relief. There cannot be any such bar in the judgment of the Supreme Court in ITO v. M. K. Mohammed Kunhi [1969] 71 ITR 815 ; AIR 1969 SC 430, wherein the apex court has held that every appellate authority has implied and incidental power to grant interim relief even if the statute does not provide.2. In view of the above observations, the order passed by the appellate authority dated January 6, 2004, is hereby quashed and the matter is remitted to the learned appellate authority. We dispose of this petition requesting the appellate authority to consider and dispose of the application of the petitioner for interim relief expeditiously, preferably within a p...
Satish Chand Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-19-2004
Reported in: 2004(2)AWC1066; (2004)1UPLBEC684
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 22.11.2003 (Annexure-1), passed by the respondent No. 2, removing the petitioner from the post of Member of Ward No. 9 Nagar Palika Parishad, Pilkhuwa, district Ghaziabad.2. Facts and circumstances giving rise to this case are that the petitioner was elected as a Member of said Nagar Palika in the election held on 23.11.1999 and had been working as a President of various Committees under the provisions of U. P. Municipalities Act, 1916 (hereinafter called the Act 1916). As a President of the Committee, he had passed certain orders, and brought certain informations and unearthed several irregularities adopted by the employees of the Municipality, and in particular, he raised the grievance against respondent No. 5, the clerk of the Municipality for not maintaining the minutes book of the Board's meeting on 20.12.2000. On his complaint, an enquiry was directed against the respondent No. 5 by the Divisional C...
Vinod Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-19-2004
Reported in: (2004)1UPLBEC1008
R. B. Misra, J.1. Heard Sri Indra Mani Tripathi, learned Counsel for the petitioner and Sri Raj Kumar, learned Standing Counsel, for the State respondents.2. Restoration application has been filed on behalf of Sri Indra Mani Tripathi, learned Advocate, for recalling the order dated 25.2.2002. Justification given in the restoration application is sufficient, therefore, the restoration application No. 103444 of 2002 is allowed, order dated 25.2.2002 is recalled and the present Writ Petition No. 17665 of 1990 is restored to its original number and is being heard and decided on merits.3. In this petition prayer has been made to quash the order dated 13.4.1990 (Annexure-2 to the writ petition), where by the petitioner's service was terminated by an order simplicitor.4. It appears that after retirement of one Sri Jagjit Singh, regular collection peon the petitioner was give appointment absolutely temporary basis as a collection peon on 15.1.1990 by Sub-Divisional Magistrate, Sadabad, and aft...
Sheo Rice Mill Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-16-2004
Reported in: 2004(3)AWC1963
Devi Prasad Singh, J.1. Petitioner Industry has been engaged in business carrying out for the manufacture of various items through its Roller Flour Mill. By filing the present writ petition, the petitioner has challenged the demand notice as well as the proceedings initiated under Section 3 of the U.P. Sarkari Bijli Vyavasaya Sanstha (Deon Ki Vasooli Adhiniyam), 1958 for recovery of amount to the tune of Rs. 82,091.65 paise and interest in lieu of electrical dues. The amount in question contains the amount charged under the minimum consumption guarantee against the contractual consumption load of 119.9 K.W. The dispute in question relates to the period commencing from October, 1983 to April, 1984.2. The factual matrix borne out from the record is that partnership firm was having electrical connection of 150 H.P. The petitioner had entered into an agreement with respondent No, 3 for continuous uninterrupted supply of electricity to its Mill sometime in the year 1971. The petitioner had ...
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