Allahabad Court November 2004 Judgments
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Murari Lal, Son of Sri Ramnath Vs. the District Judge,
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC463
Anjani Kumar, J.1. This writ petition has been filed by the petitioner-tenant against the order dated 21.9.1988 passed by the prescribed authority and the order dated 3.9.1990 passed by the appellate authority. The brief facts leading to filing of this writ petition are as under:The landlord filed an application under Section 21 (1) (a) of U.P. Act No. 13 of 1972 for release of the accommodation in dispute on the ground that he requires the accommodation in dispute for personal use. The prescribed authority after considering the material available on record found that the need of the landlord is bonafide and more pressing than that of the tenant. Thus, the application of the landlord was allowed by the prescribed authority. Aggrieved thereby the prescribed authority the tenant preferred an appeal and appellate authority after considering the material on record in detail by its order which runs in 18 typed pages dismissed the appeal and affirmed the findings recorded by the prescribed a...
Shanker Lal Vs. Jawahar Lal (Since Deceased) and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC387; 2005(3)AWC2226
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioner-tenant, who is aggrieved by the order of the revisional Court, whereby the revisional Court dismissed the revision filed by the petitioner-tenant under Section 25 of the Provincial Small Cause Courts Act and affirmed the decree passed by the trial Court.2. The brief facts of the present case are that the plaintiff-landlord, respondent in this writ petition filed a suit before the Judge, Small Causes Court, Agra being suit No. 55 of 1997 (Jawahar Lal v. Shanker Lal) for the arrears of rent and ejectment. In short, the plaint case is that the plaintiff is the owner of shop in question and defendant was tenant of the aforesaid shop on a monthly rent of Rs. 250/- per month. The defendant is further liable to pay Rs. 35/- per month towards the water tax. The defendant has not paid the rent since 24th December, 1994 and further that the defendant has sub-let the shop without permissio...
Kripa Shankar (Shri) and anr. Vs. Vth Additional District Judge and or ...
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC243; 2005(3)AWC2736
Vikram Nath, J.1. This writ petition has been filed by the tenant against the judgment and orders dated 9.2.1984 and 7.11.1977 passed by the respondent Nos. 1 and 2 respectively, whereby the application for release of the accommodation in dispute, filed by the respondent landlord under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) has been allowed and the appeal of the tenant against the same has also been dismissed.2. The dispute relates to house situated in Mohalla Misrana, Katra, Kasba Etah, District Etah. Sri Karori Lal Varshney was the owner and landlord of the said building and the petitioners were tenants in the same. The landlord filed application for release in the year 1976 on the ground that he has got a big family consisting of himself, his wife, four sons and two daughters. Two sons were married and the other four children were also of marriageable age. They were all living with him and were suffering...
State of U.P. and anr. Vs. Anand Kumar Saxena and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ESC410; (2005)2UPLBEC1149
B.S. Chauhan, J.1. This Special Appeal has been preferred by the State against the judgment and order of the learned Single Judge dated 3.5.1999 wherein the following direction has been issued :'The authorities are directed to absorb and appoint the petitioners as Clerk on regular basis against any existing substantive vacancy or vacancies which may occur in near future. The appointment against the existing vacancies shall be made within a period of two months from the date of production of a certified copy of this judgment before the appropriate authority'.2. The operation of the aforesaid judgment and order was stayed by the Division Bench vide order dated 23.12.1999.3. It has been submitted by the learned Standing Counsel that the Court cannot take the task of the statutory authorities and issue the direction to appoint/absorb an employee. At the most, direction could have been issued to consider the case for absorption.4. On the contrary, it is submitted by Mr. Mishra, that the res...
Rajeshwar Dayal Vs. Vith Additional District Judge and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC107
Anjani Kumar, J.1. This writ petition, under Article 226 of the Constitution of India, challenges the judgment and decree of the trial Court dated 6.4.1998 decreeing the suit filed by the respondent-landlord for ejectment and arrears of rent and the order passed by the revisioanl Court dated 28th August, 2000.2. The landlord filed suit for arrears of rent and ejectment of the petitioner-tenant from the accommodation in question with the allegations that since provisions of U.P. Act No. 13 of 1972 are not applicable to the accommodation in question and as the accommodation is a new construction and has not completed ten years of its construction, therefore, is exempted under Section 2 (2) of Act No. 13 of 1972 from the operation of the Act. The suit is filed after determining the tenancy of the petitioner-tenant. The tenant has taken defence that it is correct to say that provisions of Act No. 13 of 1972 are not applicable to the accommodation in question. The tenant has taken the defen...
Ashok Kumar Anand Vs. Kishan Pal Singh and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC123; 2005(3)AWC2234
Anjani Kumar, J.1. By means of this writ petition-tenant challenges the order passed by the trial Court whereby the suit for eviction filed by the respondent-landlord has been decreed. Aggrieved thereby the petitioner-tenant preferred a revision under Section 25 of the U.P. Provincial Small Cause Courts Act, 1887 which was dismissed by the revisional Court affirming the order of the trial Court.2. The facts leading to filing of the writ petition are that the respondent-landlord filed a suit after determining the tenancy of the petitioner-tenant on the ground that the petitioner is the tenant of the accommodation in question, which is non-residential accommodation at the rent of Rs. 600/- per month and Rs. 50/- per month as electricity charges. Since the tenant has not paid the rent with effect from 5.3.1996, his tenancy has been terminated by notice dated 4.9.1998. Thereafter the suit was filed. It has been specifically pleaded that the building in which the accommodation in question i...
Ashok Kumar JaIn (Sri) Vs. District Judge and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ARC141
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioner, Ashok Kumar Jain against the judgment and order passed by the District Judge, Mainpuri exercising the power under Section 18 of the U.P. Act No. 13 of 1972 and remanding the matter back to the Rent Control and Eviction Officer for reconsideration in accordance with law.2. Heard Sri R.N. Bhalla, learned Counsel for the petitioner None is present on behalf of the contesting respondents.3. Sri Bhalla, learned Counsel for the petitioner submitted that on the application filed by the petitioner the proceedings were initiated before the Rent Control and Eviction Officer to the effect that the accommodation which is under the tenancy of the respondent No. 3, Mithlesh Kumar Bhansali, was declared vacant and the same was allotted in favour of the petitioner, Ashok Kumar Jain by the Rent Control and Eviction Officer and when petitioner applied for execution of the order of allotment by f...
NavIn Chandra Vs. Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ESC510; (2005)2UPLBEC1227
Arun Tandon, J.1. Heard Sri Anil Bhushan on behalf of the petitioner, Standing Counsel on behalf of respondents 1, 3 and 4, Sri Anupam Shukla and Pramod Kumar Sharma on behalf of respondent No. 2.2. The institution by the name of Junior High School, Rustamgarh, district Etah, is a recognised institution under the provisions of the Basic Education Act and is also on the grant-in-aid list of the State. The provisions of the U.P. Junior High School (Payment of Salary to Teachers and other Employees) Act, 1978 are fully applicable to the said institution. The said institution was taken on the grant-in-aid list of the State on 2.11.1985, w.e.f. 1984 and at the relevant time one post of Principal, 5 posts of teachers, clerk and class IV employees were duly sanctioned for the said institution. According to the petitioner the services of one Srimati Sudha Yadav who was working as Assistant Teacher in the institution and was being paid salary under the grant-in-aid upto the year 1996, were term...
Dr. Birendra Singh Vs. Director of Education, Higher and ors.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005(1)ESC406; [2005(104)FLR1068]; (2005)2UPLBEC1587
1. This writ petition deals with the interpretation of Statute 13.20 of Deen Dayal Upadhyaya University, Gorakhpur (the University). The question is whether the senior most teacher in an affiliated degree college is entitled to continue as officiating principal under all circumstances or can he be relieved of the charge on the ground that an inquiry is contemplated against him regarding his conduct as the officiating principal.Facts :2. The permanent Principal of Hira Lal Ram Niwas Post Graduate College, Khalilabad district Sant Kabir Nagar (the College) retired and a vacancy arose on 30.6.2003. This College is affiliated to the University. Sri T.N. Upadhya is the senior most teacher in the College. Sri Upadhya did not accept the post of officiating principal of the College. The petitioner is the second senior most in the College and he was appointed as officiating principal on 1.7.2003. He is working since then. There are some complaints against the petitioner regarding his working as...
Koleshar and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-30-2004
Reported in: 2005CriLJ1992
ORDERMukteshwar Prasad, J.1. Heard Sri U. K. Mishra, learned counsel for the revisionists, learned A.G.A. and perused the record.2. This revision by two accused Koleshar and Shivchan is directed against the judgment and order dated 19-9-1986 passed by Additional Sessions Judge. Azamgarh in Criminal Appeal No. 130 of 1984 whereby he confirmed the conviction of the appellants under Section 380 I.P.C. and each of them was sentenced to suffer rigorous imprisonment for a period of six months. It is noteworthy that learned Magistrate had sentenced each of the appellants to undergo rigorous imprisonment for a period of one year.3. In brief the prosecution came to the Court with the allegation that in the night intervening 27th/28th December, 1981 at about 1-30 a.m. the revisionists along with others committed theft in the house of Raj Kumar and Koleshar, one of the revisionists was apprehended by the informant and others on the spot along with stolen articles. Moreover, Koleshar was seen by t...
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