Allahabad Court December 2004 Judgments
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Pushpa Devi and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-09-2004
Reported in: 2005CriLJ1948
Amar Saran, J.1. Heard learned Counsel for the applicants in the aforesaid criminal application under Section 482, Cr. P.C. and the said two connected criminal revisions, and the learned AGA for the State as well as perused the record.2. The criminal application under Section 482, Cr.P.C. moved on behalf of Smt. Pushpa Devi and Smt. Premwati is being disposed of along with Crl. Revision No. 866 of 1988, moved on behalf of Chunni Lal, Pushpa Devi (again) and Ramesh and Crl. Revision No. 867 of 1988 moved on behalf of Premwati (again) and Satish. Crl. Revision No. 866 of 1988 and connected Crl. Revision No. 867 of 1988 was filed on 7.7.1988 when further proceedings in S.T. Ho. 871 of 1987 pending in the Court of IV Addl. Sessions Judge, Aligarh, were directed to remain stayed until 18.8.1988. The impleadment application for impleading complainant was allowed on 18.8.2004. However, in spite of notice, opposite party No. 2 has not put in appearance in this case. It appears that the crimina...
New India Assurance Co. Ltd. Vs. Smt. Neeru Dabur and ors.
Court: Allahabad
Decided on: Dec-09-2004
Reported in: 2006ACJ2393; 2005(2)AWC1936; [2005(104)FLR589]
A.K. Yog, J.1. This first appeal from order has been filed under Section 30(1)(a), Workmen's Compensation Act, 1923 (as amended upto date) (for short 'Act'). Before presenting this appeal Stamp Reporter of this Court on 6.12.2004 reported 'Certificate of deposit has been attached'.2. Miss Sumati Rani Gupta advocate (holding brief of Miss Bushra Maryam advocate--representing the claimant respondent Nos. 1, 2, 3 and 4) raised a preliminary objection to the said report of the Stamp Reporter and submitted that there no appeal lies (i.e., filed) unless it is attached with '...a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against' as required under third proviso to Section 30(1)(a) of the Act and to that extent the report of Stamp Reporter is against record inasmuch as the certificate attached with this F.A.F.O. itself shows that only amount of compensation has been deposited whereas amount of inte...
Ram Das Gupta Vs. Bhajan Prakash Girhotra and ors.
Court: Allahabad
Decided on: Dec-09-2004
Reported in: 2005(2)AWC2287
Janardan Sahai, J.1. A suit for redemption of mortgage of 2 shops filed by the plaintiff-respondent has been decreed by both the courts below. The plaintiffs case was that Ashok Kumar Sharma the original owner of the two shops in dispute had executed a deed of mortgage dated 13.1.1969 in favour of the appellant Ram Das Gupta. Ashok Kumar Sharma subsequently executed a sale deed dated 15.9.1975 of the disputed shops in favour of the plaintiff respondent who brought the suit for redemption. The defence was that the deed in question though described as mortgage was a sale as it bears a condition that if the mortgage money was not paid within a period of four years the transaction will be treated as a sale. Both the Courts below have found that this condition in the deed was a clog on the equity of redemption and therefore void.2. Heard Shri R.P. Tewari learned counsel for the appellant and Shri G. N. Verma, learned senior counsel for the respondent.3. The appeal was admitted on the follow...
Ghanshyam Das Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-09-2004
Reported in: 2005(2)AWC1848
U.K. Dhaon and Rakesh Sharma, JJ.1. Heard Sri S.P. Shukla, learned counsel for the petitioner, Sri U.K. Srivastava, learned counsel appearing on behalf of opposite party No. 5, Sri Sharad Kumar Srivastava, Additional Standing Counsel for the Central Government appearing on behalf of opposite party No. 1 and Sri Anurag Srivastava, learned counsel appearing on behalf of opposite party No. 6.2. The petitioner has approached this Court against the order dated 31.3.1999, whereby the caste certificate dated 6.12.1996 issued in favour of the petitioner was cancelled. The petitioner has alleged that he is Kasera by birth, which is sub-caste of Shilpkar caste. The petitioner has alleged that on his representation a Caste Certificate dated 6.12.1996 was issued which provides that the petitioner belongs to Scheduled Castes category and without affording any opportunity the said certificate was cancelled by the order dated 31.3.1999. The learned counsel for the petitioner submits that Kasera is a ...
New India Assurance Co. Ltd. Vs. Neeru Dabur and ors.
Court: Allahabad
Decided on: Dec-09-2004
Reported in: I(2007)ACC839
A.K. Yog, J.1. This first appeal from order has been filed under Section 30(1)(a), Workmen's Compensation Act, 1923 (as amended up-to-date) (for short 'the Act'). Before presenting this appeal stamp reporter of this Court on 6.12.2004 reported 'Certificate of deposit has been attached'.2. Ms. Sumati Rani Gupta, Advocate (holding the brief of Ms. Bushra Maryam, Advocate, representing the claimant-respondent Nos. 1, 2, 3 and 4) raised a preliminary objection to the said report of the stamp reporter and submitted that there no appeal lies (i.e., filed) unless it is attached with '...a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against' as required under Third Proviso to Section 30(1)(a) of the Act and to that extent the report of stamp reporter is against record inasmuch as the certificate attached with this F.A.F.O. itself shows that the amount of compensation only has been deposited whereas a...
Ashok Kumar Sharma and anr. Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Dec-08-2004
Reported in: 2005(1)ESC69; (2005)1UPLBEC166
V.K. Shukla, J.1. Brief background of the case, giving rise to instant writ petitions is that in the district of Gautambudh Nagar, there is a society which runs an institution known as Chaudhary Laxmi Narain Inter College, Mandi, Shyamnagar, District Gautambudh Nagar. The said institution is duly recognized under the provisions as contained under U.P. Intermediate Education Act, 1921, and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971 are fully applicable to the said institution. Petitioners submit that election of the Committee of Management of the said institution was held on 30.9.1990, wherein Vishnu Dutta Sharma was elected as Manager and Thakur Singh Rawat as President. The said election was approved by the District Inspector of Schools on 6.10.1990. Said order was recalled by District Inspector of Schools on 16.10.1990. Against this order, Vishnu Dutta Sharma represented the matter before Deputy Director...
Dr. Prem Pal Singh and anr. Vs. Pokar Ram and anr.
Court: Allahabad
Decided on: Dec-08-2004
Reported in: 2005(1)AWC818
A.K. Yog and R.B. Misra, JJ.1. The case was listed for orders before us. The Bench Secretary pointed out that, according to the report of Stamp Reporter dated 19th May, 1998 present first appeal from order under Motor Vehicles Act, 1988, as amended up to date (hereinafter called the Act) was filed without annexing formal order. Appeal was presented in the Registry on 20th May, 1998. There is no application for granting time. Appeal was accompanied by application No. Nil of 1998 with the prayer that two months be allowed for filing certified copy of formal order. However, this application was listed first time before us on 6.12.2004. The Court raised objections on the ground that application seeking time for filing formal order was not supported by means of affidavit and further that two months time prayed for in the said application dated 20.5.1998 has expired long back, hence this application was of no consequence.2. Learned counsel for the appellant has made two fold arguments (i) no...
Managing Committee, Shiksha Parishad and ors. Vs. Assistant Registrar ...
Court: Allahabad
Decided on: Dec-08-2004
Reported in: 2005(2)AWC1951; 2005(1)ESC335; (2005)2UPLBEC1299
V.C. Misra, J.1. Shri S.N. Srivastava, learned Counsel for the petitioners, Shri N.L. Srivastava, learned Counsel for the Respondent Nos. 3 and 4 and the learned Standing Counsel are present.2. This writ petition has been filed seeking relief by way of a writ, order or direction in the nature of certiorari for quashing the impugned order dated 13.10.1997 (Annexure 17 to the writ petition) passed by Respondent No. 1, with further relief in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of the Managing Committee of Shiskha Parishad, Nagwa, district Ballia on the basis of the impugned order dated 13.10.1997.3. The facts of the case in brief are that the petitioner had filed Writ Petition No. 25273 of 1994 for a direction to the Assistant Registrar, Firms, Chits and Societies-Respondent No. 4 to decide the matter relating to renewal of registration of Shiksha Parishad, Nagwa, district Ballia. Since it had not complied with the directions date...
Rajendra Son of Raj Kumar and ors. Vs. State of U.P.,
Court: Allahabad
Decided on: Dec-08-2004
Reported in: II(2005)DMC248
M.C. Jain, J.1. The petitioners, who are seven in number, have preferred this writ petition for issuance of a writ of certiorari quashing the FIR. dated 14.11.2004 in Case Crime No. 516 of 2004, under Sections 304B/307 I.P.C. of Police Station Deoband, District Saharanpur, Annexure No. 1 to the writ petition. Application has also been made to stay the arrest of the petitioners in pursuance of the impugned F.I.R. during the pendency of the writ petition.2. The F.I.R. has been lodged by respondent No. 3-father of the deceased Smt. Reena who was married to petitioner No. 1 Rajendra about l 1/2 years before the incident. As per the F.I.R., the informant had performed a decent marriage, meeting the demands of the petitioners by giving double bed, T.V., furniture, etc. in dowry. Cash had also been given. Even a motor-cycle had been purchased and given on the demand of the bridegroom. After the performance of the marriage, the petitioners harassed and pestered the deceased over further demand...
Nagar Palika and anr. Vs. Tika Ram Charitable Family Trust by Lrs.
Court: Allahabad
Decided on: Dec-08-2004
Reported in: 2005(2)AWC1561; (2005)2UPLBEC1177
S.N. Srivastava, J. 1. Second Appeal in hand has been preferred by the Defendant Appellants i.e. Nagar Palika, Aligarh impugning the judgment and decree dated 28.3.1985 passed by the Lower Appellate Court in Civil Appeal No. 214 of 1983 whereby judgment passed by the trial Court in Original Suit No. 132 of 1982 dismissing the suit of the plaintiff was reversed and suit of the plaintiff was decreed.2. It would appear from the record that the plaintiff respondent instituted Original Suit No. 132 of 1982 for the relief of permanent injunction to restrain the defendant from interfering with the possession of the plaintiff over the land in dispute. The suit aforestated was instituted by the plaintiff with the allegation that the plaintiff is a transferee through sale deed dated 24.8.1959 executed by M/s. Tika Ram and Sons Pvt. Ltd., Aligarh in relation to plot No. 1456 admeasuring 4 Bighas, 19 Biswas situated in village Kisanpur which is now subsumed within the limits of Nagar Palika, Aliga...
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