Allahabad Court February 2004 Judgments
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Sheela Devi (Smt.) Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: (2004)2UPLBEC1736
Rakesh Tiwari, J. 1. Heard learned Counsel for the parties and perused the record.2. By means of this writ petition the petitioner seeks quashing of the impugned order dated 12.9.2003 (Annexure 1 to the writ petition) passed by respondent No. 3 and order dated 22.8.2003 passed by respondent No. 2.3. The case of the petitioner is that her husband was posted as Group Commandant (Dal Nayak) of 'E' Group in the 20th Battalion of Provincial Armed Constabulary (P.A.C.) Azamgarh. This Group was posted as Battalion Duty Group at Battalion Headquarters, Azamgarh for the period from 1.11.2002 to 13.12003. It is alleged that when the husband of the petitioner was dressing himself for the morning parade he suddenly fell down complaining severe pain in his chest and when he as taken to District Hospital, Azamgarh he was declared dead. The petitioner's husband died at his very young age leaving behind the petitioner as his widow. It is submitted that the then Commandant of 20th Battalion, P.A.C., Az...
Obaidur-rahman Vs. Assistant Registrar, Firms, Societies and Chits and ...
Court: Allahabad
Decided on: Feb-23-2004
Reported in: (2004)2UPLBEC1816
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. By means of this writ petition the petitioner has, inter-alia, prayed for issuance of a writ, direction or order in the nature of certiorari quashing the impugned order dated 27.7.2001 (Annexure 4 to the writ petition) passed by respondent No. 1 and praying to cancel the list of members of the Committee of Management.3. The case, in brief, is that the Society by the name of Sewa Ashram, Maghar, Tehsil Khalilabad, District Basti was initially registered on 14.10.1992 and was renewed on 13.10.1997. On 28.2.2001 the election of the Society is alleged to have taken place and on 7.3.2001 the petitioner, who is the Secretary of the Society, furnished the papers relating to proceedings of the election held on 28.2.2001 to respondent No. 1 along with the list of office bearers for the year 2000-01. On 13.3.2001 respondent No. 1 registered the list of the office bearers submitted by the petitioner. On 28.3.2001 resp...
Nand Rani Vs. Civil Judge, Junior Division and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: AIR2004All307
ORDERJanardan Sahai, J.1. A decree for eviction in favour of Seo Shankar Lal against Lal Behari was passed in suit No. 36 of 1964. The decree was put into execution by Sheo Shanker Lal. Sheo Shanker Lal died during the pendency of the execution proceedings. An application was filed by the 2nd respondent Rama Devi for substitution in his place. The application was allowed by the order dated 26-4-91 of the executing Court. Lal Behari filed a revision No. 26 of 1991 against this order. The revision was dismissed on 6-4-1995, It appears that an application dated 6-11 -96 was then filed by the petitioner for substituting her name in place of the deceased decree holder Sheo Shankar Lal and for striking off the name of respondent No. 2 Smt. Rama Devi. Objections were filed to this application by the 2nd respondent. The petitioner also filed another application for cross-examining the 2nd respondent, Smt. Rama Devi. Both the applications of the petitioner for substitution as well as for cross-...
K.N. Srivastava Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(4)AWC3404
Pradeep Kant and K.S. Rakhra, JJ.1. These are the two writ petitions, which are being decided by this common order. Writ Petition No. 8834 (SB) of 1989 has been filed by the petitioner claiming promotion on the post of Middle Management Grade Scale (hereinafter referred to as M.M.G.S.) IIIrd and IVth and salary for the period during which he remained under suspension whereas Writ Petition No. 5087 (SB) of 1992 has been filed challenging the order of compulsory retirement dated 30.5.1992.2. The undisputed facts of the case are that the petitioner, an employee of State Bank of India was considered for promotion for M.M.G.S. III, while working as M.M.G.S. II, on 28.12.1983 with effect from 1.8.1981 and he was found fit for promotion with effect from 1.8.1981. However, before the promotion orders could be issued, the petitioner was placed under suspension, vide order dated 25.2.1984. The petitioner was served with a charge-sheet dated 21.4.1987 on 15.5.1987, Reply to the charge- sheet was ...
Shiv Nandan and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2005CriLJ3047
1. This appeal was preferred by as many as six appellants who were convicted under Section 396, IPC and sentenced to imprisonment for life. No charge alternatively under any other section was framed nor they were prosecuted for the said charge. Out of these appellants Shiv Nandan, Babu Lal, Raja Ram and Anandi are now dead. The appeal of Babu Lal, Raja Ram and Anandi stands abated vide order dated 15-12-2003. The appeal of Shiv Nandan also stands abated vide order dated 30-1-2004.2. We are left, therefore, with the case of only Gauri Shanker and Prabhat. Gauri Shanker is son of Shiv Nandan and Prabhat is son of Babu Lal. Shiv Nandan and Babu Lal were inter se related. All the accused persons, the informant and the deceased were residents of village Palwa, Police Station Khakhreru, District Fatehpur.3. As per the First Information Report a deep seated enmity was pre-existing for the last 5-6 years. Rudra Prasad Vaish, the brother of Babu Lal was murdered. In that murder the informant hi...
Hari Shanker and ors. Vs. Cane Commissioner and ors.
Court: Allahabad
Decided on: Feb-20-2004
Reported in: 2004(2)AWC1623
Amar Saran, J. 1. We have heard learned counsel for parties and have also perused the entire material available on record.2. Civil Miscellaneous Writ Petition No. 19819 of 1997 was filed by six members of a registered society known as Sahkari Ganna Vikas Samiti Limited, Ram Kola (P) District Padrauna, which was a Cane Growers Co-operative Society (hereafter referred to as the Co-operative Society) for seeking a direction in the nature of mandamus, inter alia, for compelling the respondent No. 5, Gangeshwar Limited Ram Kola, Padrauna, District Deoria (hereafter referred to as the sugar mill) and the respondent No, 6, U. P. State Sugar Cane Corporation Limited Unit Laxmiganj, district Padrauna for accepting petitioners' sugar cane and for crushing the same. An interim order was passed in Writ Petition No. 19819 of 1997 on 11.6.1997 whereby the Deputy Cane Commissioner, who was permitted to be impleaded as party-respondent No. 7, was directed to ensure obedience of the order of the Cane C...
Panchu Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-20-2004
Reported in: 2004(3)AWC2143
Tarun Agarwala, J.1. The petitioner claims to be the owner of plot No. 25/1 and plot No. 22 measuring 43 decimal and 20,5 decimal respectively situate at village Habibpura, Pargana Dehat Amanat. Tehsil and District Varanasi. The petitioner alleged that the plot originally belonged to one Gajadhar and upon his death the property was partitioned between his two sons, namely, Lakshmi Narain and Shiv Shanker. After the death of Lakshmi Narain his share devolved upon his widow Smt. Bhutani. The petitioner contended that he became the owner of the plot by virtue of the registered sale deed dated 24.1.1971 executed by Smt. Bhutani in his favour. It was further stated that after purchasing the aforesaid property the petitioner moved an application for mutation in his name. The co-sharer, Ram Kishore, son of Shiv Shanker filed an objection and the matter is still pending in the Revenue Court as well as in the Civil Court, on account of which the petitioner's name could not be mutated in the rev...
Hazi Islam Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-20-2004
Reported in: 2004(3)AWC2203
S. Rafat Alam, J.1. In the instant writ petition, the petitioner, an elected President of Nagar Palika Parishad, Kandhla, district Muzaffarnagar, has prayed for quashing of the order of the State Government dated 13.11.2003 passed under Section 48 (2A) of the Uttar Pradesh Municipalities Act. 1916 (hereinafter referred to as the Act) removing him from the post of President and the consequential order of the District Magistrate, Muzaffarnagar dated 15.11.2003 intimating his removal.2. The admitted facts, as appear from the pleadings of the parties, in brief are that the election of the office of the President of Nagar Palika Parishad, Kandhla, District Muzaffarnagar was held in the year 2000 wherein the petitioner was declared elected. Consequently, he took oath of the office on 1st December, 2000. However, some complaints alleging certain irregularities against the petitioners were received by the State Government whereupon the State Government vide letter dated 8.8.2001 (Annexure-1 to...
Asa Ram Yadav and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-20-2004
Reported in: 2004(3)AWC2198
Tarun Agarwala, J.1. The petitioners alleged that they are co-owners of plot Nos. 65/2, 68, 70 and 74 situate in village Nagla Battoo Yadgarpur, Tehsil and District Meerut, and contended that a notification under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued and published in the Gazette on 21.8.1985 indicating therein that the land was required for a public purpose, namely, for construction of residential buildings for the people of Meerut by the Meerut Development Authority, Meerut under a planned development scheme. The notification further stipulated that it was a case of urgency and the provisions of Section 17(1) of the Act was applicable since the land was urgently required for the construction of buildings and therefore to eliminate the delay the provision of Section 5A of the Act was dispensed with. Subsequently, a declaration under Section 6 read with Section 17(1) of the Act was issued and published in t...
Lokesh Patawari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-20-2004
Reported in: 2004(3)AWC2191
ORDERM. Katju and R. S. Tripathi, JJ.1. Heard learned counsel for the parties.2. This appeal has been filed against the impugned order dated 20.11.2003 passed by the Civil Judge (Senior Division), Kanpur Nagar rejecting the petitioner's application under Order XXXIII, C.P.C. by which he claimed to be indigent and prayed for permission to sue accordingly.3. In his affidavit filed along with his application before the court below the appellant stated in paragraph 3 :That the deponent has the following property in his name :(i) the deponent is partner in the firm M/s. Avi Industries having sufficient capital in his Capital A/c but the same is in the form of fixed assets, not in cash;(ii) the deponent has one scooter No. UP-78E-0406;(iii) the deponent has only his Saving Bank A/c at Kanpur in Bank of Baroda Br. Balance of Rs. 4,663.80 and another S.C. A/c in Dena Bank Br. Balance Rs. 521.00;(iv) the deponent has got shares (book value) Rs. 30,000 but not in cash in hand.'4. Thus, the appel...
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