Allahabad Court March 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Madhu Sudan and ors. Vs. Cane Commissioner and ors.
Court: Allahabad
Decided on: Mar-12-2004
Reported in: AIR2004All304
Dilip Gupta, J.1. This writ petition has been filed by certain sugar cane growers who are members of the District Cane Co-operative Society Ltd., Basti for a direction to make the payments of the Sugar Cane price along with interest @ 12% per annum.2. We have heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1 and 3 and Sri Ravindra Singh learned Counsel appearing for respondent No. 2 namely the District Cane Co-operative Society Ltd., Basti.3. In order to appreciate the controversy Involved in the petition it may be necessary to refer to some of the provisions contained in the U.P. Sugar Cane (Regulation of supply and Purchase) Act, 1953 (hereinafter referred to as the Act) and the rules framed there under which are known as the U.P. Sugar Cane (Regulation of Supply and Purchase) Rules. 1954 (hereinafter referred to as the Rules).4. Section 2(f) of the Act defines Cane growers Co-operative Society to mean a Society registered under...
Chhotey Lal Vs. Addl. (Upper) Collector and ors.
Court: Allahabad
Decided on: Mar-12-2004
Reported in: 2004(3)AWC2649
R.B. Misra, J.1. Heard Sri R. C. Chaturvedi, learned counsel holding brief of Sri K.S. Kushwaha learned counsel for the petitioner, and Sri Sandeep Mukherjee, learned standing counsel for the State respondents, None appears for the Gaon Sabha of village Udaipur through the Land Management Committee of Village Udaipur, Pargana and Tehsil Chail, district Allahabad.2. In the petition the orders dated 24.6.1987 (Annexure-2 to the writ petition) and 30.6.1988 (Annexure-3 to the writ petition) passed by the Tehsildar, Chail, district Allahabad and Additional Collector, Allahabad respectively are under challenge, whereby both the authorities concurrently by their impugned orders on the basis of the fact finding that the land in possession of the petitioners is Talab/big water pond, which is in unauthorised possession of the petitioner, therefore, the petitioner was to be evicted from the land in question treating it as unauthorised possession.3. According to the petitioner he is owner of the ...
Suresh Chandra Soti Vs. State Cane Service Authority and ors.
Court: Allahabad
Decided on: Mar-12-2004
Reported in: 2004(4)AWC3407
Rakesh Sharma, J.1. Heard Sri Prashant Chandra, learned counsel for the petitioner and learned standing counsel for opposite party Nos. 2 and 3. No one has appeared for opposite party Nos. 1 and 4.2. The petitioner, Suresh Chandra Soti, who was working as Senior Assistant in Zila Ganna Sewa Pradhikaran, Muzaffar Nagar, has assailed the order of dismissal dated 16.5.1990 passed by the Sachiv, Rajya Ganna Sewa Pradhikaran, U. P., Lucknow. At the relevant time, the petitioner was posted as Senior Assistant in Zila Ganna Sewa Pradhikaran, Bijnor. Later on, petitioner was transferred to Muzaffar Nagar. A formal regular departmental enquiry was initiated against him by the appointing authority after suspending the petitioner on 26.10.1988. A charge-sheet containing nine charges, was issued against the petitioner by the Joint Secretary, Public Enquiry Officer, Sahkari Ganna Simiti, U. P., Lucknow. It was indicated in the charge-sheet that the petitioner had not discharged his duties bona fide...
State of U.P. Vs. Rajendra Yadav and ors.
Court: Allahabad
Decided on: Mar-12-2004
Reported in: 2004CriLJ4479
Onkareshwar Bhatt, J. 1. All the five accused respondents were tried for offences under Sections 148 I. P. C. Accused respondent Ram Lakhan was further tried for an offence under Section 302 (simpliciter) and the rest under Section 302 read with Section 149 I. P. C. All of them have been acquitted by judgment dated 4-8-1981 passed by the then II Addl. Sessions Judge, Ghazipur. The accused respondents Rajendra Yadav, Kailash Yadav, Bhanshraj Yadav and Deoki Nandan Yadav were tried in S. T. No. 301 of 1980 while accused respondent Ram Lakhan was tried in S. T. No. 24 of 1981. 2. Informant Rajdev Yadav P. W. 1 along with his brother Raj Narain (deceased of the case) lived in village Salempur Baghai police Station Bhurkura district Ghazipu. Sadat Bazar is at a distance of six miles from the village of the informant. On 2-8-1980 at about 3 P. M. the informant along with Raj Narain was returning from Sadat Bazar towards his village on one cycle. When they reached Pertia Seewan, which is in v...
Sunder Lal Verma Vs. Ranvir Rana
Court: Allahabad
Decided on: Mar-12-2004
Reported in: 2005(1)ARC174
S. Harkauli, J.1. Notice of this election petition was served upon the first respondent who is the returned candidate admitedly in the last week of June 2002, as is clear from the contents of an application (A-8) filed on 4.7.2002 by the said returned candidate seeking six weeks time to file a written statement. By order dated 4.7.2002 the Court granted one month and nomore time to the respondent No. 1 for filing the written statement.2. The written statement is said to have been verified on 25.9.2002 but its copy was not served upon the election petitioner till 23.1.2003 and the written statement was filed in the Court on 23.1.2003.3. Learned Counsel for the election petitioner has submited that the written statement should not be accpeted on record in view of the provision of Order VIII Rule 1 C.P.C. as amended by the Code of Civil Procedure (Amendment) Act, 2002. Section 9(1) of that Amendment Act has amended Order VII Rule 1 CPC with effect from 1.7.2002.4. For ready reference the ...
National Insurance Co. Ltd. Vs. Seeta Devi and ors.
Court: Allahabad
Decided on: Mar-12-2004
Reported in: II(2006)ACC285
S.P. Srivastava, J.1. Heard the learned Counsel for the insurer-appellant.2. The insurer-appellant has filed the present appeal feeling aggrieved by the b award of the Motor Accident Claims Tribunal determining an amount of Rs. 1,77,000 (Rs. one lac seventy Seven thousand only) as compensation payable to the dependents of the deceased victim Amar Bahadur Patel, who had met his untimely death in an accident involving the offending motor vehicle (Mini Bus) bearing registration No. UP 70G 9159.3. The deceased had left behind besides himself his widow, his mother, two daughters and two sons as dependents. The daughters were aged about 11 years and 9 years, and the sons were aged about 7 years and 5 years. The age of the deceased was only 30 years at the time of his death.4. The learned Counsel for the insurer-appellant has stated that the appellant is not challenging the quantum of compensation determined by the Tribunal. The only grievance urged and pressed by the insurer-appellant is in ...
Smt. Munni Vs. Smt. Zareena Begum and ors.
Court: Allahabad
Decided on: Mar-11-2004
Reported in: AIR2004All246; 2004(3)AWC2563
ORDERN.K. Mehrotra, J.1. This is a writ petition for issuing a writ in the nature of certiorarito quash the impugned orders dated 14-11-2003 and 9-1-2004 as contained in Annexure Nos. 13 and 15 to the writ petition and for issuing a direction to the opposite party No. 3, Judge, Small Causes, Lucknow to decide the application under Order 21, Rule 97, C.P.C. in accordance with law.2. Opposite party No. 1 Smt. Zareena Begum filed a suit of the disputed premises for arrears of rent and eviction against Raju as legal heir and representative of the initial tenant Laltoo who died in the year 1980. The suit was registered as S.C.C. Suit No. 123 of 1996. During the pendency of the suit, the petitioner claiming herself to the tenant after the death of her husband Laltoo moved an application for impleadment under Order 1, Rule 10, C.P.C. This application was rejected by the Judge, Small Causes and a revision preferred by her against this rejection order was also dismissed by the revisional Court....
Babu Ram (D) Through L.Rs. Vs. Special Judge/Additional District Judge ...
Court: Allahabad
Decided on: Mar-11-2004
Reported in: 2004(3)AWC1913
S.U. Khan, J.1. This is tenant's writ petition arising out of suit (S.C.C. Suit No. 6 of 1991) filed by landlord-respondent against him for ejectment from the tenanted accommodation and for recovery of arrears of rent and damages for use and occupation. The ejectment was sought on the ground of default and material alteration. The suit was decreed and revision of the tenant was dismissed against which tenant-petitioner filed Writ Petition No. 38691 of 1996. The said writ petition was allowed on 3.12.1996 and the matter was remanded to J.S.C.C. to decide as to whether deposits made by the tenant under Section 30 of U., P. Act No. 13 of 1972 (hereinafter referred to as the Act) were validly made or not and whether constructions and alterations made by tenant disfigured the building and diminished its value and utility. After remand J.S.C.C., Bijnor again decreed the suit on 2.4.1997. Revision filed against the same being Revision No. 25 of 1997 has also been dismissed on 15.10.1998 by Sp...
Asian Paints (India) Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-11-2004
Reported in: [2004(101)FLR832]; (2004)2UPLBEC1752
Anjani Kumar, J. 1. Heard learned Counsel appearing on behalf of the parties.2. The petitioner aggrieved by an order dated 25th April, 2000, passed by Labour Commissioner (U.P.), Kanpur, copy whereof is appended as Annexure-9 to the writ petition, whereby the proceedings which were pending before the Labour Court-II, U.P., Kanpur, have been transferred to Industrial Tribunal (3), U.P., Kanpur approached this Court by means of present writ petition under Article 226 of the Constitution of India.3. It is asserted by learned Counsel appearing on behalf of the petitioner that the order impugned in the present writ petition has been passed without affording any opportunity of hearing to him. Learned Counsel for the petitioner, in this regard has relied upon a decision reported in 2002 (95) FLR 589, Escorts Yamaha Motor Ltd. v. The Secretary, Branch of Labour Secretariat, U.P., Kanpur and Ors., wherein this Court relying upon an earlier decision of Apex Court reported in 1990 (60) FLR 785, M...
Akbar Ali and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Mar-11-2004
Reported in: 2004(3)AWC2543
Devi Prasad Singh, J. 1. Heard Shri Shafiq Mirza, learned counsel for the petitioner and Shri Vinod Kumar Singh, learned counsel for the private respondents (Caveator).Counter-affidavit was filed by Shri Vinod Kumar Singh, on behalf of Caveator (private respondents). Shri Shafiq Mirza, advocate submitted that the writ petition may be heard and he does not intend to file rejoinder-affidavit.In view of above on 16.2.2004 after hearing parties counsel, the order was reserved in the present case. Now I proceed to decide on merit.Petitioner had filed a regular suit No. 189 of 2002 against the defendant respondent Nos. 2 to 7 for permanent injunction with the prayer that respondents may be restrained from interfering with the petitioner possession of the premises in question.According to petitioner the property in question was orally gifted to his wife Smt. Saeedul by one Hazi Peer Baksh which includes, a shop, on 27.9.1985,On the other hand, the case of the respondent Nos. 2 to 7 is that la...
- ‹ Prev
- 3
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- 13
- Next ›
- Last »