Allahabad Court May 2004 Judgments
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Ravi Shanker Jaiswal and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-06-2004
Reported in: 2004(3)AWC2126
ORDERM. Katju and R. S. Tripathi, JJ.1. This Special Appeal has been filed against the impugned judgment of the learned single Judge dated 8.4.2004.2. We have carefully perused the impugned judgment and find no infirmity in the same.3. Respondent Nos. 6 and 7 in this Special Appeal had filed the writ petition before the learned single Judge. They are admittedly senior to the present appellants in this Special Appeal, However, admittedly they had not obtained B.T.C. Certificate and they have not done the training required for getting the certificate,4. By a Government order dated 21.10.1994, which is referred to in the letter of the D.I.O.S. dated 13.11.1995, copy of which is Annexure-1 to the writ petition, the State Government had provided that those untrained teachers who have completed ten years service on 1.1.1994 shall be exempted from training. The writ petitioners relied on the said Government order and their contention was accepted by learned single Judge. Hence this Special Ap...
Lokendra Sharma Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-06-2004
Reported in: 2004(3)AWC2788
ORDERM. Katju, J.1. This writ petition has been filed against the impugned order dated 27.3.2004 passed by the respondent No. 2 copy of which is Annexure-4 to the petition. By that order the petitioner's licence of stamp vendor has been cancelled.2. We have perused the impugned order and heard learned counsel for the parties.3. It appears that there was a racket involving sale of suspicious and fake stamp papers. In that connection, a first information report was lodged. The petitioner was also one of the accused and his licence was suspended and he was given opportunity of hearing as mentioned in the impugned order itself. After an enquiry, he was found guilty and his licence has been cancelled. The finding of guilt is a finding of fact and we cannot interfere with the same in writ jurisdiction. We cannot reassess the evidence as if we are sitting as a court of first appeal. We can only interfere under Article 226, if there is an error of law, apparent on the face of the record. No er...
U.P. State Road Transport Corporation Vs. Smt. Ram Beti and ors.
Court: Allahabad
Decided on: May-06-2004
Reported in: III(2004)ACC636; 2004(4)AWC3006
Umeshwar Pandey, J.1. A child namely Ram Bharosey met with an accident on account of having collided with Bus No. U.M.A. 9657 belonging to the appellant U. P. State Road Transport Corporation (in short 'U.P.S.R.T.C.'). The bus dashed against his cycle from behind on the road and the deceased child aged 12 years died on the spot. The respondents, who happened to be parents of the deceased, filed a claim petition before the Tribunal below claiming compensation of Rs. 3,30,000. The claim was contested by the appellant-U.P.S.R.T.C. and written statement was filed with the pleadings that the accident had not taken place with the aforesaid bus belonging to it. It also disputes the income of the child and stated that he was not employed as a labour at any place. The Motor Accident Claims Tribunal considering the pleadings of the parties framed two issues and recorded its findings that accident had taken place with the aforesaid bus belonging to the appellant and gave an award of compensation ...
Kuldip Singh Vs. Ram Kishan and ors.
Court: Allahabad
Decided on: May-06-2004
Reported in: 2004(4)AWC3167
Tarun Agarwala, J.1. Heard counsel for the parties.2. The plaintiff filed a suit for a permanent injunction restraining the defendant Nos. 1 and 2 from interfering with the plaintiffs possession over the property mentioned in Schedule 'C' to the plaint. It was alleged that the property mentioned in Schedule 'C' was bequeathed to the plaintiff as well as to the defendant No. 3 by their grandfather, Sri Balwant Singh, on the basis of a Will dated 6.8.1946. It was also alleged, that, from the income from these properties, the father of the plaintiff, i.e., defendant No. 2 had purchased other properties, which are mentioned in Schedule 'B' to the plaint. It was alleged that these properties were illegally purchased by the defendant No. 2 in his own name, whereas, it should have been purchased in the name of the plaintiff and defendant No. 3. It was also alleged that the father of the defendant No. 2 entered into an agreement to sell on the basis of which, the defendant No. 2 was required t...
Sheo Prasad Misra Son of Jaideo Misra Vs. Ivth Addl. District Judge,
Court: Allahabad
Decided on: May-06-2004
Reported in: 2005(3)AWC2293
Arun Tandon, J.1. Heard Sri R.N. Singh Advocate on behalf of the petitioner and Standing Counsel on behalf of the Respondent.2. Original Suit No. 77 of 1984 was filed by Smt. K. Devi against the petitioner Sheo Prasad Mishra. The relief prayed for in the said suit is only one namely, cancellation of a registered sale deed executed on 19.11.1983. In the said suit it was alleged that the plaintiff is the recorded tenure holder and an imposter has executed said sale deed, which has been registered in the office of Sub Registrar on 19th November, 1989. It was, therefore, prayed that the said sale deed may be cancelled.3. On behalf of the defendant objection was raised that the suit as filed by the plaintiff was not maintainable and was barred by provisions of Section 331 of the U.P.Z.A. & L.R. Act. The issue framed in that regard was decided against the defendant and the Munsif by means of the order dated 31st January, 1985 held that the suit filed by the plaintiff was maintainable before ...
Daulta Vs. Ram Swaroop and ors.
Court: Allahabad
Decided on: May-06-2004
Reported in: I(2006)ACC303
Rakesh Sharma, J.1. Heard learned Counsel for the parties and perused the record.2. This appeal has been preferred by a widow, Smt. Daulta against an award dated 25.9.2000 passed by Motor Accident Claims Tribunal/VII Additional District Judge, Lucknow in a Claim Petition No. 102/90, Smt. Daulta v. Ram Swaroop and Ors. The Claims Tribunal has awarded Rs. 52,000 plus interest as compensation to the appellant for the death of her own son, Ram Kishore, on 16.11.1989. The appellant is a widow and at the time of filing of claim petition before Motor Accident Claims Tribunal, she was 48 years old. On 16.11.1989 at about 11.00 a.m., her seven years old son, Ram Kishore was hit by a truck No. UAN-9097 owned by opposite party Nos. 1 and 2. The truck was being driven recklessly and negligently and did not blow horn to alert the pedestrians going on the main road. The deceased, Ram Kishore died on the spot due to accident caused by the truck owned by opposite party Nos. 1 and 2. An F.I.R. was lodg...
Shyam Dhar Vs. Xith Additional District Judge and ors.
Court: Allahabad
Decided on: May-04-2004
Reported in: 2004(3)AWC1889
Arun Tandon, J.1. Heard Sri B.B. Paul on behalf' of the petitioner. Nobody is present on behalf of the respondent Nos. 3 to 6. Standing Counsel is present on behalf of the respondent Nos. 1 and 2.2. Petitioner filed Original Suit No. 140 of 1985 in the court of Civil Judge, Allahabad claiming relief in the nature of permanent injunction restraining the defendant from interfering in the possession of the petitioner over the plot No. 345, for restraining the defendant from demolishing the Dalan as well as for restraining the defendant from removing the Nand, Charni Khunta of the petitioner.3. From the plaint, which has been enclosed alongwith the writ petition, it is clear that relief No. A-1 to A-3 have subsequently been added. By means of the said relief the plaintiff has sought the relief for demolition of the wall constructed during the pendency of the suit proceedings as well as for possession of the land after demolition of the said construction.4. In the said suit written statemen...
Raghubir Singh Vs. Sher Singh
Court: Allahabad
Decided on: May-04-2004
Reported in: AIR2004All320; 2004(3)AWC2114
Prakash Krishna, J.1. This is defendant's second appeal. It arises out of original Suit No. 287 of 1977 filed by Sher Singh, respondent for specific performance of an agreement dated 20.11.1973 with regard to a piece of land area 9 Biswa pukkha of the Khasra No. 581 in village Bhoken after getting Rs. 500 from the plaintiff.2. The plaint was instituted on the pleas inter alia that the defendants are Bhumidhar of Khasra No. 581 area 9 biswa situate in village Bhoken of which the plaintiff had been in possession, but in revenue record the names of defendants were there. The defendants on 20.11.1973 agreed to sell the aforesaid piece of land for a sum of Rs. 3,000 out of which Rs. 2,500 was paid and it was received by the defendants towards part payment of the amount. Remaining Rs. 500 was to be paid at a time of the execution of the sale-deed. The defendants have failed to execute the sale deed within time stipulated in the agreement and the plaintiff has always been ready and willing to...
Smt. Suman Purohit and anr. Vs. Viiith Addl. District Judge and ors.
Court: Allahabad
Decided on: May-04-2004
Reported in: 2004(3)AWC2630
Arun Tandon, J.1. Heard Sri K.L. Grover, assisted by Sri Ramesh Singh on behalf of the petitioner and Sri A. K. Singh on behalf of the respondent.2. This writ petition is directed against the order passed by the Military Estate Officer tinder Section 5(1) Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as Act) dated 5th November, 1984 as also against the order passed by the Additional District Judge, Agra, in appeal under Section 9 of the Act, 1971, dated 24th April, 1987.3. I have heard counsel for the parties and have gone through the record of the writ petition.4. Firm Bharat Gas Agency, of which the petitioner claims to be the proprietor, was granted licence in respect of the land situate in Survey No. 400, total area 1325 sq. feet, on payment of rent of Rs. 462.04 p. per month for the period between 30.3.1973 to 23rd March, 1974. The aforesaid allotment letter was termed as licence for occupying the site.5. Admittedly, the term of the licenc...
Vipul Gupta (Dr.) Vs. State of U.P. Through Secretary, Medical Educati ...
Court: Allahabad
Decided on: May-04-2004
Reported in: (2004)3UPLBEC3070
Devi Prasad Singh, J.1. Heard Shri PS. Baghel, Advocate, Shri Sandeep Dixit, Advocate, Shri R.R.Awasthi, Advocate and Shri Manish Kumar, learned Counsel for the petitioners and Shri I.B.Singh, learned Counsel for the respondents No. 4 and 5 of the Standing Counsel.2. These bunch of writ petitions involved common question of fact and law, hence, heard and decided by common judgment with the consent of parties.3. The controversy relates to admission in the Post Graduate Medical Courses of the State of U. P though U.P. Post Graduate Medical Entrance Examination, 2004 (in short, herein after referred as UPPGMEE), which provided that only those candidates shall be eligible to appear in the examination and will be entitled for admission in pursuance to UPPGMEE, who have passed their MBBS or BDS courses from the recognized Medical Colleges situated in the State of U.P. Accordingly there is 100 per cent institutional reservation for admission to Post Graduate Medical Courses held through UPPGM...
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