Allahabad Court May 2004 Judgments
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Kali Charan and ors. Vs. B. Dwarka Dass and anr.
Court: Allahabad
Decided on: May-12-2004
Reported in: 2004(4)AWC3469
ORDERTarun Agarwala, J.1. The plaintiff has challenged the order dated 1.11.1989 in the present revision filed Under Section 115 of the Code of Civil Procedure, allowing the impleadment application of Baba Brij Nandan Das for being impleaded as defendant No. 2 in place of the deceased defendant No. 2, late Mahant Ram Priya Das.2. Briefly stated, the facts of the case are, that the plaintiff filed a suit Under Section 92 of the Code of Civil Procedure praying for a decree of the removal of the defendants as trustees and for rendition of accounts. In the said suit Sri Dwarika Das was arrayed as defendant No. 1 and Sri Ram Priya Das was arrayed as defendant No. 2. It was alleged that the suit was in respect of a public charitable waqf in which the defendant Nos. 1 and 2 were the trustees and the relief claimed was for the removal of the trustees of a public trust. It was also stated, that, in the proceedings initiated Under Section 3 of the Charitable and Religious Trust Act, 1920, the Ad...
Ram Kumar and anr. Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: May-12-2004
Reported in: 2004(4)AWC3482
Tarun Agarwala, J.1. The revisionist is the landlord of the premises in question, which was taken on a lease by the defendant postal authorities by a registered lease deed dated 31.10.1972 for a period of five years. After the expiry of the lease period, no fresh lease deed was executed between the parties. The landlord served a composite notice Under Section 106 of the Transfer of Property Act and Under Section 80, C.P.C. determining the tenancy. Inspite of receiving the notices, the opposite parties did not hand over vacant possession of the premises in question. Accordingly, the landlord filed a suit for ejectment of the opposite parties and for possession. The landlord further prayed that the rent and damages for use and occupation of the premises be also decreed against the defendants. The landlord alleged that the premises in question is a public building and is exempted from the operation of U. P. Act No. 13 of 1972.2. The defendants resisted the suit and contended that the rent...
In Re: Videsh Sanchar Nigam Ltd.
Court: Allahabad
Decided on: May-12-2004
Reported in: [2005]128CompCas436(All); [2005]63SCL192(All)
ORDERTarun Agarwala, J.1. The applicant, M/s. Videsh Sanchar Nigam Ltd. has filed an application under Section 446 of the Companies Act, 1956 (hereinafter referred to as 'the Act') praying that permission be granted to the applicant-company to further proceed against Srishti Video Corporation Ltd. in suit No. 1011 of 1998 (hereinafter referred to as 'the respondent-company in liquidation') pending before the Delhi High Court on such terms and conditions as this Court may impose.2. The relevant facts, in brief, as set out in this application are that the company in liquidation approached the applicant-company by a written request dated 9-2-1995 to reserve space segment on the Intelsat Satellite IS-704 at 66 degree East, a guaranteed 36 Mhz bandwidth transponder on a non-pre-emptible lease basis for a period of 10 years with a start date of 1-4-1995 in the C-band spot beam transponder covering the Indian sub-continent and the Middle East. The applicant-company agreed to arrange and provi...
U.P. State Electricity Board Through Kanpur Electricity Supply Adminis ...
Court: Allahabad
Decided on: May-11-2004
Reported in: [2004(102)FLR22]; (2004)2UPLBEC1370
R.K. Agrawal, J.1. Civil Misc. Writ Petition No. 181 of 1995 has been filed by U.P. State Electricity Board through Kanpur Electricity Supply Administration, Kanpur seeking a writ, order or direction in the nature of certiorari quashing the order dated 12th September, 1994/19th September, 1994 passed by the Labour Court-I, U.P., Kanpur in Misc. Case No. 28 of 1994, filed as Annexure 9 to the writ petition and other consequential reliefs. Vide order dated 12th September, 1994/19th September, 1994, the Labour Court has allowed the application for review filed by Arvind Kumar Tiwari, respondent No. 2, and after setting aside the order dated 1st September, 1994, had directed the petitioner to pay a sum of Rs. 2,56,498.50 paise being the amount of back wages for the period 6th March, 1982 to 31st July, 1993, pursuant to the order of reinstatement.2. Civil Misc. Writ Petition No. 10591 of 2004 has been filed by Kanpur Electricity Supply Company Limited, through its Managing Director, KESCO, ...
Dheeraj Singh and ors. Vs. Chairman, Avas Evam Vikas Parishad and ors.
Court: Allahabad
Decided on: May-11-2004
Reported in: 2004(3)AWC2056
M. Katju, J.1. This writ petition has been filed against the impugned notifications dated 2.8.1997 and 4.12.1999 Annexures 4 and 5 to the writ petition under Sections 28 and 32 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 by which certain land was sought to be acquired under the said Adhiniyam for a public purpose, namely, the acute housing problem in Saharanpur.2. Heard learned counsel for the parties.3. It is alleged in paragraph 3 of the writ petition that the petitioners are co-tenure holders of certain plots in village Mavi Kalan in district Saharanpur, the details of which are given in the said paragraph. The petitioner's agricultural land has been included in the housing scheme framed by the U.P. Avas Evam Vikas Parishad (hereinafter referred to as 'Parishad') vide paragraphs 6 and 7 of the writ petition.4. Sections 28 and 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam are analogous to Sections 4 and 6 of the Land Acquisition Act. It is alleged that no award has yet b...
Khursheed Ali and anr. Vs. Mohd. Yusuf and ors.
Court: Allahabad
Decided on: May-11-2004
Reported in: 2004(3)AWC2787
Prakash Krishna, J.1. This is plaintiffs appeal who has lost from both the courts below. The appeal is directed against the judgment and decree dated 22.12.1979, passed by Vth Additional District Judge. Moradabad in Civil Appeal No. 278 of 1977 confirming the judgment and decree of the trial court dated 29.7.1977 passed in Suit No. 198 of 1974.2. The appellants filed suit for perpetual injunction restraining the defendants from opening any parnala, door or ventilation in their western wall towards the house of the plaintiffs and also for mandatory injunction directing the defendants to close the door, two ventilators, three parnalas and nali which were opened towards the plaintiffs house.3. The suit was instituted on the plea, inter alia, that the plaintiffs have purchased a piece of land by means of sale deed dated 4.12.1968 and constructed house thereon. On 25.5.1974 the defendants demolished their western wall and fixed a new door towards the east of plaintiffs land and also opened ...
Ramveer Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-11-2004
Reported in: 2004(4)AWC3128
Rakesh Tiwari, J.1. Heard counsel for the petitioners and Sri H. N. Singh, P. N. Tripathi, Sri Satya Prakash Pandey and other counsel in the connected writ petitions on behalf of the petitioners and Sri M. C. Chaturvedi, Additional Chief Standing Counsel assisted by Sri Rajnikant Tiwari and Sri Ravi Ranjan.2. Petitioners have preferred this petition challenging the validity and correctness of the impugned order of termination passed by I. G. of Registration/District Registrar terminating the services of the petitioners from the post of Junior Clerks/Registration Clerks. Writ Petition No. 27230 of 2003. Ramveer Singh v. State through Secretary Institutional Finance. U. P., Lucknow and Ors., has been taken up as the leading case with the consent of the parties.3. The I. G. Registration Department required dally wagers for copying of the registered documents at the districts level. A number of daily wagers were engaged by the department who are working for the last several years as Regist...
Mukhya Nagar Adhikari, Nagar Nigam and anr. Vs. Raman Kumar Singh and ...
Court: Allahabad
Decided on: May-11-2004
Reported in: (2004)3UPLBEC2465
M. Katju, J.1. This special appeal has been filed against the impugned judgment of the learned Single Judge dated 5.1.1998.2. Heard learned Counsel for the parties:3. The respondent No. 1 (writ petitioner) was engaged on contract basis under a World Bank. Scheme as Junior Engineer by the Nagar Nigam,varanasi (the appellant No. 2 in this appeal). On 18.8.1992 the contract was terminated. The writ petitioner filed earlier Writ Petition No. 35106 of 1992 in which an interim order was passed but the writ petition was ultimately dismissed on 28.10.1997 vide Annexure-3 of the Stay Application in the Special Appeal.4. A perusal of Annexure-3 to the Stay Application in this appeal (which is a copy of the judgment dated 28.10,1997 in Writ Petition No. 35106 of 1992) shows that the Nagar Nigam,varanasi undertook a project under a World Bank Scheme and under this Scheme it became necessary to appoint certain Junior Engineers for completion of the Project under the World Bank Scheme. The petitione...
Hari Har Narayan Lal Vs. Presiding Officer (PeethasIn Adhikari), Labou ...
Court: Allahabad
Decided on: May-11-2004
Reported in: 2004(4)AWC3460; [2004(102)FLR797]
Arun Tandon, J.1. Heard Sri Ashok Bhatnagar on behalf of the petitioner and Sri Sameer Sharma on behalf of the respondent Corporation as well as standing counsel on behalf of the respondent No. 1.2. This writ petition has been filed by Sri H. Lai, who was working as Conductor in the employment of U. P. State Road Transport Corporation at the relevant time.3. By means of an order dated 23rd May, 1975 the name of the petitioner was scored out from the list of waiting candidates and as a consequent thereto the petitioner was refused to work w.e.f. 25th May, 1975.4. Feeling aggrieved by the aforesaid action of the employers, the workman raised an industrial dispute. The State Government, in exercise of power Under Section 4K of the U. P. Industrial Disputes Act, vide notification dated 23rd April, 1985 referred the dispute for adjudication to the labour court, Varanasi. The dispute as referred reads as follows :^^D;k lsok;kstdksa }kjk vius Jfedgfjgj ukjk;.k yky iq= Jh lsdBk yky ifjpkyd dh ...
Col. Ratanjit Singh (Retd.) and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-11-2004
Reported in: 2004(4)AWC3581
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the impugned notice dated 2.2.2001 (Annexure-8 to the writ petition) by which the petitioners have been directed to take compensation for the land in question by notice under Section 12(2) of the Land Acquisition Act. The petitioner has also prayed for a mandamus directing respondents to de-notify the 3000 sq. yards land of Plot No. 539 situate in village Kaseru Bazar, district Meerut and exempt from acquisition.2. Heard learned counsel for the parties.3. The facts of the case are that on 14.8.1987 a notification under Section 4 of the Land Acquisition Act was published for acquiring the petitioners land including Khasra No. 539 measuring 10 bighas 18 biswa 3 biswansi in village Kaseru Bazar, district Meerut. Thereafter on 4.9.1987 a notification under Section 6 was published in the Gazette. The land was being acquired for, Meerut Development Authority for implementation of Ganga Nagar Awas Yojana.4. On ...
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