Allahabad Court December 2004 Judgments
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Ashok Kumar Vs. Zila Panchayat/Parishad and ors.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(1)AWC372; 2005(1)ESC129; (2005)2UPLBEC1195
B.S. Chauhan, J.1. This writ petition has been filed for permitting the petitioner to deposit the amount of Rs. 6 lakhs, being the highest bidder in the auction held on 9.2.2004, and to grant licence in his favour for taking the carcass of dead animals away, its skinning, storage of hides and bones from three Blocks, namely, Khair, Tappal and Chandaus, District Aligarh and restraining the respondent Nos. 1 to 3 to grant licence in favour of other bidders, i.e., respondent Nos. 4 to 6, for a consideration of Rs. 1,60,000 for the said three Blocks.2. The facts and circumstances giving rise to this case are that respondent Zila Parishad published an advertisement dated 16.1.2004, inviting the contractors for auction bidding for collecting the bones and carcasses for the aforesaid areas. Petitioner submits that he made a bid of Rs. 6 lakhs on 9.2.2004 on behalf of his society, when the auction was held, but he was not given the licence, nor he was permitted to deposit the money, though the...
J.K. Cotton Spinning and Weaving Mills Ltd. Vs. Prescribed Authority a ...
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(1)AWC852; [2005(104)FLR892]
ORDERV.C. Misra, J.1. Sri Vijay Bahadur Singh, senior advocate, assisted by Ms. Kirtika Singh learned counsel for respondents No. 1 and 2 and Ms. Sarita Jingan, holding belief of Sri P. C. Jingan, learned counsel for respondents No. 3 (i) to (iv) are present.2. Counter and rejoinder affidavits have been exchanged.3. At the very outset, learned counsel for the parties have agreed that the matter may be remanded back to the prescribed authority, under the Payment of Wages Act, to be decided afresh, since admittedly, the petitioner had not been afforded any opportunity of hearing inspite of the fact that the cost of Rs, 50 had been imposed by respondent No. 1 which was paid on 20.1.1991, the prescribed authority had committed a gross violation of principle of natural justice. Learned counsel for the petitioner has submitted that if there is a dispute as to whether hearing should be permitted or not then the most reasonable course open to the Court is to provide hearing, since the right of...
Noor Mohammad (Since Deceased) Represented by Lrs 1/1 Noor Alam Siddiq ...
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(3)AWC2639
S.N. Srivastava, J.1. This appeal has its genesis in the O.S. No. 99 of 1978 instituted for the relief of specific performance. The suit culminated in being decreed for recovery of Rs. 11,190/- with interest at the rate of 15% per annum from the date of agreement to sale dated 5.5.1974 with cost throughout against which an appeal was preferred and the lower appellate court in its turn, allowed the appeal and reversed the judgment and decree of the trial court vide judgment and decree dated 6.7.1987.2. To begin with, the plaintiff instituted suit for specific performance of contract dated 5.5.1974 along-with cost attended with further prayer to grant such relief as may be deemed fit in case the agreement to sale is found not executable. The precise allegation of the plaint were that both defendants and plaintiffs were domiciled in the same village i.e. village Cheruaha May Pakar Post Office Maharajganj District Maharajganj and that on 5.5.1974, Gulab Das, father of defendants 1 to 4 and...
Dwarika Prasad Gupta Vs. Sri Karuna Shankar Tewari and ors.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(1)ARC444; 2005(2)AWC1942
S.U. Khan, J.1. This is tenant petition arising out of release eviction proceedings initiated by landlord Shri Karuna Shanker Tewari since deceased and represented by the respondent Nos. 1/1 to 1/6 on the ground of bonafide need under Section 21 of U.P. Rent Control Act (U.P. Act No. 13 of 1972). The release application was registered on the file of Prescribed Authority/J.S.C.C., Kanpur Nagar in the form of release Case No. 38/92. The matter was transferred for disposal to A.C.M.M. VIII/Prescribed Authority, Kanpur Nagar. The Prescribed Authority through judgment and order dated 25.4.2003 allowed the release application with the condition that the landlords shall pay Rs. 12000/- as damages to the tenant. Against the said judgment and order appeal was filed by the tenant being Rent Appeal No. 44/03. District Judge, Kanpur Nagar through judgment and order dated 30.10.2003 dismissed the appeal. Hence this writ petition.2. The accommodation in dispute is a shop. The problem with both the l...
Smt. R.S. Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(2)AWC1923; 2005(1)ESC515
V.M. Sahai, J.1. The short question that arises for consideration in this petition is what would be the effect of dismissal of earlier writ petition directed against removal of petitioner from the office of President, Nagar Palika Parishad by the State Government on 18.3.1999, as infructuous on 16.11.2002.2. This petition challenges removal of petitioner from the office of President, Nagar Palika Parishad, Khurja, Bulandshahr (in short NPP), in subsequent election held in November 2000. She was administered oath on 2.12.2000, by Sub-Divisional Magistrate, Sikandrabad. On a complaint made by some members of the Board to the State Government through Commissioner that the Board was not properly constituted as oath was administered to 14 members only and the President was acting arbitrarily and against the interest of the Board. An inquiry was made and report was submitted by the Chief Development Officer to the District Magistrate, Bulandshahr. He found various irregularities amounting to...
Jagat Prasad Prajapati and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(1)ESC669; [2005(105)FLR13]; (2005)2UPLBEC1580
Vineet Saran, J.1. Petitioners were initially engaged on temporary basis in the year 1986 and have been regularised on the post of Pump Operators vide separate orders dated 4.11,1996, of the Nagar Nigam, Gorakhpur. By the impugned order dated 9.9.2003, the Respondent No. 5 Chandra Bhushan Mani has been regularised on the post of Fitter and Respondent No. 6 Ram Gati has been regularised on the post of Meter Mechanic in the Nagar Nigam, Gorakhpur. The petitioners submit that since the said two posts of Fitter and Meter Mechanic, on which Respondent Nos. 5 and 6 have been regularised, are of higher grade, they ought to have been promoted on the said posts. Hence the petitioners have filed this writ petition challenging the order dated 9.9.2003 whereby Respondent Nos. 5 and 6 have been regularised on the post of Fitter and Meter Mechanic, and have also prayed for being promoted to the same post from the post of Pump Operators on which they are working.2. Having heard Sri H.P. Misra, learne...
Gopal Krishna Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005CriLJ1979
ORDERAmar Saran, J.1. Heard Shri B. N. Tewari, learned counsel for the applicants and Shri Dhirendra Bahadur Singh for opposite party No. 3 and learned Additional Government Advocate representing the State.2. This application has been filed for quashing the criminal proceedings in Criminal Case No. 558 of 2001, under Sections 498A, IPC and 3/4 of Dowry Prohibition Act, police station Nigara, district Ballia, pending in the Court of Chief Judicial Magistrate, Ballia and the order dated 22-3-2001 passed by the Chief Judicial Magistrate, Ballia taking cognizance of the case and the charge-sheet dated 22-1-2001 submitted by the police.3. In brief, the facts of this case are that an FIR was lodged in this case on 12-12-2000 by Smt. Kanchan Bala, opposite party No. 3 alleging that she was married to Gopal Krishna Pandey, applicant No. 1. She came to her sasural on 8-3-2000. Her father had given sufficient dowry at the time of marriage, but after marriage her husband Gopal Krishna Pandey, mot...
Ram Padarath Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(2)AWC1934; 2005(1)ESC499
Ashok Bhushan, J.1. Heard counsel for the petitioner, learned Standing Counsel and Sri Jagdish Prasad Tripathi, appearing for the Caveator.2. By this writ petition, the petitioner has prayed for quashing the order, dated 4.11.2004, passed by the District Magistrate, in exercise of power under Proviso to Section 195 (1) (g) of the U.P. Panchayat Raj Act, seizing financial and administrative power of the petitioner. Learned Counsel for the petitioner challenging the order contended that the Assistant Panchayat Raj Officer, who conducted the preliminary enquiry, is not District Level Officer. He further contended that the District Level Officer must be an officer equivalent to the status of the District Panchayat Raj Officer and cannot be subordinate to the District Panchayat Raj Officer. The learned Counsel for the petitioner further contended that the District Magistrate while passing the order, did not give any opportunity to the petitioner. It has been contended that the show cause no...
Smt. Phoolmati Devi Vs. Manik Lal and anr.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005(2)AWC1823
N.K. Mehrotra, J.1. This is second civil appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 19.4.1982 passed by the IInd Additional District Judge, Lucknow in Civil Appeal No. 109 of 1980, Smt. Phoolmati Devi v. Manik Lal and Anr., partly allowing the appeal and modifying, the judgment and decree dated 25.1.1980 passed by the Munsif South, Lucknow in Regular Suit No. 280 of 1972, Manik Lal and Anr. v. Smt. Phoolmati Devi, by which the suit has been decreed.2. I have heard Shri Ved Prakash, advocate for the appellant and another Shri Ved Prakash (by the same name) as counsel for the respondents.3. The case of the plaintiff-respondents is that their pucca shop existed over Plot No. 352 towards north abutting the public drain and thereafter there is Government road and also pucca well abutting that shop towards south lying in the middle of that Plot. Towards further south in Plot No. 353 there existed Dwarika Dheesh Temple in which the defendant-...
Om Prakash Chatak Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-13-2004
Reported in: 2005CriLJ2739
ORDERAmar Saran, J.1. This application under Section 482 Cr. P. C. has been filed for quashing criminal proceedings against the applicant in case No. Nil, under Section 394 IPC, pending before the Special Judge (DAA Act) in the case of Ram Niwas v. O. P. Chatak.2. A complaint was filed on 13-12-1989 by one Ram Nivas, Adypcate alleging that the complainant was a retired Hawaldar of the Army and on 30-8-1989 at about 9.00 p. m. when he was returning from the market, the applicant, Om Prakash Chatak along with four other police personnel surrounded him and poured a hot cup of tea over his head, threatened to implicate him in a case under Section 35 of the Police Act as he had not paid the police personnel Rs.500/- (rupees five hundred), which he had promised earlier. They also beat up the complainant and took out Rs.50/- from his pocket and removed his sandals. The complainant is said to have received injuries and he was medically examined on the order of the Munsif Magistrate at the dist...
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