Allahabad Court November 2004 Judgments
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Ranveer Singh Vs. Krishi Utpadan Mandi Samiti and anr.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005(1)ARC132; 2005(1)AWC872; 2005(1)ESC82
Tarun Agarwala, J.1. The petitioner was allotted canteen No. 1 by an order dated 6.8.1988 issued by the Secretary, Krishi Utpadan Mandi Samiti, Khair, district Aligarh on a monthly rent of Rs. 200 per month. Under the allotment order, the petitioner was required to deposit six months rent In advance. An agreement dated 6.8.1988 was also executed between the parties. Clause (1) of the agreement stipulated that the rent would be Rs. 200 per month. Clause (2) of the agreement stated that the tenant would be liable to vacate the shop if he does not pay the rent by the due date and that his tenancy would be terminated if he violates any terms and conditions of the agreement. Clause (8) of the agreement stipulated that the tenancy would be month to month and that the tenancy could be terminated by either party by giving one month's notice. Based on this tenancy agreement, the petitioner paid the advance rent and started running the canteen. In para 8 of the writ petition, the petitioner has ...
Shyam Singh Vs. Allahabad Bank and anr.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: [2005(104)FLR110]; (2005)1UPLBEC941
Vikram Nath, J.1. This petition has been filed for quashing of the order dated 19.4.2000 and 8.5.2001 passed by the respondents and for further direction to the respondents to provide appointment to the petitioner under Dying-in-Harness Rule as Class IV employees.2. I have heard Sri Ram Sheel Sharma, learned Counsel for the petitioner and Sri Himanshu Tiwari learned Counsel representing the respondents bank.3. The facts giving rise to this petition are that the mother of the petitioner was appointed as Class IV employee on 12.6.1976. After completing about 8 years she was regularized on the post of IVth Class employee on 9.4.1984 and she died-in-harness on 19.1.1998. The petitioner after taking no objection from the other heirs of Smt. Gulab Devi applied for being giving appointment on compassionate basis. The said request of the petitioner for appointment on compassionate ground was declined vide order dated 19.4.2000 which is filed as Annexure-9 to the petition. The present petition ...
Smt. Ranjana Bhargava Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005(1)ARC322; 2005(1)AWC974
Janardan Sahai, J.1. Heard Sri A.N. Bhargava, learned counsel for the petitioner and Sri Ved Byas Mishra, learned counsel for the respondents.2. The petitioner is a landlord of a premises. She filed an application under Section 21 (8) of U.P. Act No. 13 of 1972 before the Rent Control and Eviction Officer, Allahabad, for enhancement of rent against the defendant Jal Nigam. The application was opposed by the third respondent on the ground that a civil suit for ejectment of the Jal Nigam respondent No. 3 after terminating its tenancy was filed by the petitioner, which was dismissed by the trial court and a revision against that order is pending in the High Court. The objection found favour by the Rent Control and Eviction Officer, who dismissed the application. The appeal against the order was also dismissed by the impugned order dated 13.2.2002, passed by the Additional District Judge, Allahabad,3. The stand in the counter-affidavit is that there is no relationship of landlord and tenan...
Ganesh NaraIn Shukla Vs. State of U.P. Through Secretary, Home and ors ...
Court: Allahabad
Decided on: Nov-05-2004
Reported in: [2005(104)FLR68]; (2005)1UPLBEC608
Shishir Kumar, J.1. By means of the present writ petition, the petitioner has challenged the Order dated 28.5.2004 passed by respondent No. 2 by which the services of the petitioner have been dismissed. The case of the petitioner is that he was appointed as Constable (Civil Police) on 3.12.1987 and since then he has been working on the said post in the different police station of District Kanpur Nagar. There is no complaint whatsoever against the petitioner and the petitioner's conduct was found satisfactory. The petitioner is presently posted as constable at police station Gwaltoli, District Kanpur Nagar. It appears that some inimical person in the locality made complaint against the petitioner in which it has been alleged that the petitioner is in acting in collusion with one Dilip Chaurasia who is said to be a criminal. The respondent No. 2 without any enquiry in the complaint made against the petitioner, passed an Order dismissing the services of the petitioner without any notice o...
Phuleshwar Vs. Smt. Maya Niranjan and anr.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005CriLJ1368
ORDERD.P. Singh, J.1. Heard Shri Krishnaji Khare counsel for the applicant and Shri C. B. Yadav, learned Chief Standing Counsel-II for the opposite party No. 1.2. At the first blush, this case appeared to be an exercise in futility and I was about to discharge the notices because the executor of the judgment, Smt. Maya Niranjan, had already been transferred from the post and the order and judgment of the Court had been complied by her successor, though after more than four years when it was to be complied within two months. It appeared to be yet another case of stagnant officialdom relying upon the procedural delays, which mars the working of nearly every department of the Government. But the counsel for the applicant, a reasonable man, begged couple of minutes, otherwise, he said, he would be falling in his duty to the Courts and the society. With some reluctance, I agreed.3. He started with some brief facts and took me to certain paragraphs of the writ judgment and couple of paragrap...
Hindustan Bone Mills Private Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Nov-05-2004
Reported in: [2006]144STC117(All)
Rajes Kumar, J.1. These four revisions under Section 11 of U. P. Trade Tax Act (hereinafter referred to as Act) are directed against the orders of Tribunal dated 30.6.1995 relating to the assessment years 1979-80, 80-81, 81-82 and 1982-83 respectively.2. The brief facts of the case are that the applicant was carrying on the business of manufacturing of crushed bone from raw-Bones. The bone was liable to tax at the point of sale to consumer. Applicant had purchased raw-bone from unregistered dealer and therefore, Assessing Authority levied tax on the purchase turnover of raw-bone under Section 3-AAAA in all the aforesaid years. In the appeal, tax levied under Section 3-AAAA was confirmed. In the Second Appeal, Tribunal deleted the tax levied under Section 3- AAAA and allowed the appeal vide order 14.11.1991 and 16.5.1991 on the ground that the provision of Section 3- AAAA was declared ultra vires by the Division Bench of this Court in the case of Pioneer Tanneries and Glue Works, Kanpur...
Sukaram Developer (Pvt.) Ltd. Through Managing Director, Gauri Shankar ...
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005(1)ARC664
V.K. Shukla, J.1. In the present case, petitioner is assailing the validity of the order dated 31.3.1996 passed by Executing Court rejecting the objection preferred under Section 47 of Code of Civil Procedure and thereafter revision preferred against the same has also been dismissed on 21.4.1998.2. Brief facts giving rise to present writ petition in briefs is that one Bhagwan Das was owner of property in dispute. On 14.9.1946 said Bhagwan executed lease deed in favour of Hari Shankar Lal Sharma, Thereafter sale deed has been executed in favour of Murari Lal on 6,2.1965. Said Murari Lal is alleged to have given notice to Hari Shankar Lal Sharma about the execution of sale deed and pursuant thereto it has been contended that rent was paid to Murari Lal and thereafter same has been deposited in the Court, in proceeding undertaken under Section 30 of U.P. Act No. XIII of 1972. Hari Shankar Lal Sharma had rented part of the said premises to of Ram Swaroop and when he stopped paying rent, th...
Gram Vikas Adhikari Sangh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005(2)AWC1665; 2005(1)ESC73
Shishir Kumar, J.1. By means of the present writ petition, petitioner No. 1 who has described himself as Gram Vikas Adhikari Sangh, Uttar Pradesh, District Unit Branch, Etawah and two others, have filed the present writ petition challenging the Government Order dated 16.9.2004 Annexure 15 to the writ petition issued by the Principal Secretary, Panchayat Raj which has been addressed to the District Magistrates giving instructions as to how the Gram Nidhi Account of Gram Panchayat shall be operated. The further relief claimed in the writ petition is for quashing the order dated 18.9.2004, Annexure 19-A to the writ petition, which has been issued by the Block Development Officer, Bdhpura, Etawah, and the order dated 20.9.2004 Annexure 19-B to the writ petition issued by the Block Development Officer, Bharthana, district Etawah, to the various Branch Managers of the concerned banks intimating that the Gram Nidhi Account, as per directions of the State Government shall be operated under the...
Smt. Roopa Vs. Santosh Kumar
Court: Allahabad
Decided on: Nov-05-2004
Reported in: AIR2005All172; 2005(2)AWC1663
A.K. Yog and M.P. Singh, JJ.1. Heard Sri Vidya Bhushan Srivastava, learned counsel for the appellant, Smt. Roopa, daughter of Chunnu Lal Kaviraj, wife of Santosh Kumar.2. While this petition came up for admission this Court passed following order :'Learned counsel for the appellant states that divorce petition was filed with consent under Section 13B, Hindu Marriage Act and further according to his instructions both appellant and respondent in this appeal are still willing to press their consent petition before Family Court. He has further stated that both appellant and respondent are ready to appear before the Court as per 'his instructions.Let both the parties be present in person.Put up as fresh on 5.11.2004.'3. Today, Smt. Roopa, the appellant (who had sworn the affidavit filed in support of the stay application in the present appeal-hereinafter called the affidavit) has appeared before this Court and identified by Sri V. B. Srivastava, advocate. Smt. Roopa, who is present in the C...
Arvind Kumar Tewari and anr. Vs. the State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Nov-05-2004
Reported in: 2005CriLJ1952
K.N. Sinha, J.1. Heard the learned counsel for the petitioners and the learned A.G.A.2. The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing the order dated 27-8-2004 passed by Sessions Judge, Ghazipur in Criminal Revision No. 332 of 2004 and order dated 5-4-2004 passed by the C.J.M. Ghazipur in Criminal Case No. 1412/2004 which are Annexure Nos. 9 and 10 to the writ petition.3. The brief facts, giving rise to this writ petition, are that on an application under Section 156(3) Cr. P.C. a report was lodged at police station Zamania who investigated the case and submitted a charge-sheet under Sections 323/506, IPC and in the said charge-sheet the Chief Judicial Magistrate considered police papers and found that there was sufficient evidence for taking the cognizance, consequently issued summons to the accused-petitioners vide its order dated 5-4-2004. The petitioners filed a Criminal Revision No. 332 of 2004...
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