Allahabad Court October 2004 Judgments
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Shaukat HusaIn Vs. Smt. Saroj Bala and anr.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: AIR2005All273; 2005(1)ARC21; 2005(1)AWC324
Janardan Sahai, J.1. The case is listed today for orders on an application but with the consent of the counsel for the parties the appeal itself was heard.2. This second appeal has been filed against the judgment and decree of the IInd Additional District Judge, Moradabad, by which Civil Appeal No. 37 of 2000 filed by the appellant was dismissed by the lower appellate court. It appears that at the time when the appeal was called out for hearing neither the appellant nor his counsel was present. However, the lower appellate court considering the previous conduct of the appellant who was avoiding the hearing decided the appeal on merits and dismissed it. This second appeal was admitted on the following substantial question of law :'Whether in view of Explanation to Order XLI, Rule 17, Civil Procedure Code, the lower appellate court ought to have dismissed the appeal in default in the absence of appellant's learned counsel and had no jurisdiction to decide the same on merit?'3. It appears...
N.K. Srivastava Vs. Deputy General Manager, Punjab National Bank and o ...
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)ESC568; [2006(106)FLR386]; (2005)IILLJ324All; (2005)1UPLBEC732
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 14.9.2004 (Annexure 9 to the writ petition), passed by the respondent No. 1, rejecting the application of the petitioner for providing the assistance of a legal practitioner as a defence nominee and for quashing the supplementary charge-sheet.2. The facts and circumstances giving rise to this case are that petitioner is an employee of the Punjab National Bank, Gumti No. 5; Kanpur City. He was served a charge-sheet on 31.5.2004, and a supplementary charge-sheet dated 10.6.2004. He moved an application for withdrawing the supplementary charge-sheet and permitting him the assistance of a legal practitioner which has been rejected vide impugned order dated 14,9.2004. Hence this petition.3. Shri K.S. Rathor, learned Counsel for the petitioner submits that there is no provision in the Statute for providing a supplementary charge-sheet. However, the submission made by the learned Counsel for the petitioner has n...
Arun Kumar and anr. Vs. Dev Shanker and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(2)AWC1447
Prakash Krishna, J.1. This is an appeal under Section 299 of the Indian Succession Act. The dispute in the present appeal is confined to the question of validity of Will allegedly executed by Smt. Janak Dulari in favour of the present appellants Arun Kumar and Ballu. The contesting respondent is the daughter of Smt. Janak Dulari.2. Ram Das had three wives. The name of the first wife is not relevant. His second wife was Smt. Ram Pyari and third wife was Smt. Janak Dulari. From Ram Pyari, the second wife a daughter Smt. Raj Dulari was born. The present appellants are the sons of Raj Dulari.3. The present appellants filed a petition before the District Judge, Etawah for grant of probate of Will dated 21st January, 1981 executed by Smt. Janak Dulari in their favour.4. Smt. Janak Dulari expired on 6th March, 1981 and an application for probate of Will dated 21.1.1981 was filed on 23rd November, 1984. The notice of the probate proceedings was served on Smt. Sita Devi (who died during pendenc...
V.K. JaIn Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(2)ALD(Cri)5; IV(2005)BC145
Amar Saran, J.1. Heard Mr. R.P. Dwivedi, learned Counsel for the applicant and Mr. G.S. Chaturvedi, Senior Counsel for opposite party No. 2.2. The applicant has sought quashing of criminal proceeding under Section 138 read with Section 142 of the Negotiable Instruments Act pending as Complaint Case No. 14 of 2000, Sri Ram Pistons and Rings Ltd v. Yamuna Diesel and Electricals, Agra.3. The contention of the learned Counsel for the applicant is that signature on the impugned cheque is not that of the applicant V.K. Jain at all, but is that of A.K. Jain. This averment is made in paragraph 10 of the affidavit in support of his application. There is no denial of this averment in paragraph 9 of the counter-affidavit, which only states that Ajay Kumar Jain was also a partner of M/s. Yamuna Diesel and Electricals and another partner was V.K. Jain. A bare perusal of the cheque also shows that it does not appear to have been signed by V.K. Jain. For launching a prosecution, under Section 138 wit...
United India Insurance Co. Ltd. Vs. Sharafat Ali and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: III(2005)ACC25
K.N. Ojha, J.1. Heard Mr. Ashok Kumar Srivastava, learned Counsel for the appellant United India Insurance Company Ltd., and Mr. Siddharth, learned Counsel for the claimant-respondent Nos. 1 and 2 and have gone through the record including the impugned judgment and award dated 4.9.1996 passed by Motor Accident Claims Tribunal/12th Additional District Judge, Meerut, in Claim Petition No. 513 of 1993, Sharafat Ali and Anr. v. Ramesh and Anr.2. By the impugned award a direction has been made for compensation of Rs. 91,200/- to be given to the respondent No. Sharafat Ali, father of the deceased child Sajid and the respondent No. 2, Smt. Mobina, mother of the deceased under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act).3. The fact in brief is that according to claimant respondent Nos. 1 and 2 their minor child Sajid aged about 13 years was present on Kithore-road on 28.7.1995 at 10.00 p.m. when a Matador No. DDA 9010, which was being driven rashly and negl...
Ram Govind Tripathi Vs. U.P. Secondary Education Service Commission, T ...
Court: Allahabad
Decided on: Oct-06-2004
Reported in: (2005)1UPLBEC74
Tarun Agarwala, J.1. The petitioner was appointed as a lecturer in Sanskrit w.e.f. 1st March, 1971 in Chaudhary Vishambhar Singh Bhartiya Vidyalaya Inter College, Auraiya, District Etawah. On the basis of certain charges, the petitioner was suspended and thereafter, he was charge-sheeted. A full-fledged enquiry was initiated in which the petitioner participated and full opportunity was given to the petitioner to defend himself. The Enquiry Officer submitted an enquiry report before the Committee of Management, which was convened for this purpose on 10.11.1991, but the same was adjourned on account of lack of quorum. The meeting of the Committee of Management was adjourned for 11.11.1991, on which date, a resolution was passed resolving to dismiss the petitioner. This resolution and necessary papers was forwarded for approval to the Commission under Section 21 of the U.P. Secondary Education Services Commissoin Act 1982. The Commission issued a show cause notice on 4.12.1982 and after c...
Babban Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-06-2004
Reported in: 2005(1)AWC122
S.U. Khan, J.1. Dispute in the instant writ petition relates to grant of fisheries rights in respect of a pond comprised in plot No. 220 area 1.06 Hectares situate in village Seuwara, Tahsil Machhalishahr, district Jaunpur. Initially petitioner was lessee of the said pond at an annual rent/premium of Rs. 300. Lekhpal, Naib Tahsildar and Tahsildar recommended that the lease of fisheries rights in respect of the said pond might be given to respondent Nos. 5 and 6 for Rs. 250 per year. S.D.O/Deputy Collector on 14.11.2003 passed a patent order, 'accepted as proposed'. On 23.3.2004 I passed an order indicating that on the next date pond might be auctioned in the open court. Today both the parties, i.e., petitioner on the one hand and respondent Nos. 5 and 6 on the other hand through their learned counsel offered their bids in the following manner :Petitioner RespondentsRs. 6,000 Rs. 10,000Rs. 15,000 Rs. 20,000Rs. 22,000 Rs. 25,000Rs. 27,000 Rs. 35,000Rs. 37,0002. By judicial intervention a...
SirajuddIn Vs. Smt. Husan Ara Parveen
Court: Allahabad
Decided on: Oct-06-2004
Reported in: 2005(1)AWC157
Anjani Kumar, J.1. Heard learned counsel for the petitioner and Sri P. N. Khare, learned counsel for the respondent.2. The petitioner has filed this writ petition against the order dated 31.5.1999 passed by the prescribed authority and the order dated 26.7.2004 by which the appellate authority has affirmed the order of the prescribed authority.3. The facts leading to filing of this writ petition are that the respondent-landlady filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 on the ground that she requires the accommodation in dispute for establishing her two unemployed sons in business. The prescribed authority after considering the case of the landlady found that the need of the landlady is bona fide and more pressing than that of the tenant and tilt of the comparative hardship is also in favour of the landlady and allowed the application filed by the landlady. Aggrieved thereby the petitioner-tenant filed an appeal before the appellate authority. The appellate...
Bramh Dev Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-06-2004
Reported in: (2005)1UPLBEC659
Vineet Saran, J.1. The petitioner was appointed as Tax Inspector in Zila Parishad, Gorakhpur on 31.12.1984. After creation of new district Maharajganj, which was carved out from district Gorakhpur, the petitioner was absorbed in the services of Zila Panchayat, Maharajganj. Since the post of Tax Officer was lying vacant in Zila Panchayat, Maharajganj, the Upper Mukhya Adhikari, Zila Panchayat, Maharajganj wrote to the State Government on 19.2.1999 for promoting the petitioner on the post of Tax Officer. By its order dated 23.8.2000 (filed as Annexure-3 to the writ petition) passed by the State Government, permission was accorded to the Zila Panchayat, Maharajganj to take work of Tax Officer from the petitioner as a, stop gap arrangement and on temporary basis with the condition that the petitioner Brahm Dev Prasad shall not be entitled for payment of any additional amount for working as Tax Officer on such basis. Thereafter the petitioner was admittedly given additional charge of Tax Of...
United India Insurance Company Limited Vs. Madhu and ors.
Court: Allahabad
Decided on: Oct-06-2004
Reported in: 3(2005)ACC20
ORDER1. Sri Neeraj Kumar met with an accident on 11.1.1997. He succumbed to his injuries. His parents filed the claim petition. That has been partly allowed on 29.7.1999. Hence the present appeal.2. We have heard Mr. Arvind Kumar, Counsel for the appellant-Insurance Company and Mr. J.S. Audichya, Counsel for the respondents.3. The deceased was 17 years of age. He had no earning and as such his notional income should have been taken i.e., Rs. 15,000/- per annum. The deceased was unmarried so Rs. 5,000/- should be taken as his contribution to the family. In view of the age of the deceased multiplier of 16 ought to have been used. Thus the claimants are entitled to Rs. 80,000/ as compensation and Rs. 2,000/- for funeral expenses. The claimants are entitled to Rs. 82,000/- as compensation. The claimants are also entitled 9% interest from the date of filing of the claim petition till actual payment.4. In view of this, the appeal is partly allowed. The amount deposited here may be remitted t...
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