Allahabad Court July 2004 Judgments
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Committee of Management of Ganga Khand Inter College and anr. Vs. Regi ...
Court: Allahabad
Decided on: Jul-19-2004
Reported in: (2004)3UPLBEC2731
Arun Tandon, J.1. Heard Sri A. P. Sahi, learned Counsel for the petitioner and the learned Standing Counsel on behalf of respondents.2. Ganga Khand Inter College, Khera Dayal Nagar, Aligarh, is an institution recognized under the U.P. Intermediate Education Act (hereinafter referred to as the institution). The said institution is run and managed by a Society known as Prakash Shiksha Samiti, in accordance with the approved scheme of administration. Under the scheme a detailed procedure for holding the elections of the Society has been provided. Two sets of rival Committees of Management have claimed a right to run and manage the institution, one headed by Sri Natthi Singh as Manager and the other with Sri Sugadh Singh as the Manager. The dispute with regard to the aforesaid two rival Committees of Management was decided by the Regional Joint Director of Education, Agra vide order dated 22-2-2002, contained in Annexure-15 to the writ petition, and the Committee of Management headed by Sr...
Pushpa Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-16-2004
Reported in: 2004CriLJ4540
ORDERAmar Saran, J. 1. Heard Sri P.V. Singh, learned counsel for the applicant and Sri S.L. Kesharwani, learned A.G.A. for the State.2. This application has been filed under Section 482, Cr. P.C. praying that Km. Pushpa, daughter of late Sri Ram Lal Sahu, original resident of Kasari Deeh, Fokatpara, District Durg (Chattisgarh), M.P., who is detained in a Protective Home in Case No. 1156 of 2003 under Sections 15, 16 and 17(A) of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ITP Act), of Police Station Shahganj, district Agra, may be released in the charge of her mother or brother.3. The case arose on the basis of a report furnished by the Rescue Officer, Jhansi Division, Jhansi dated 6-10-2003 to the City Magistrate, Agra, in which, he stated that Pushpa was detained in the brothel of Chandabai and Akila of P.S. Atmaddaula, district Agra. On that application the City Magistrate, Agra passed an order directing the Circle Officer, Lohamandi, district Agra to take...
Wazibullah and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-16-2004
Reported in: 2005CriLJ1004
M.C. Jain, J.1. This appeal was filed by three appellants, namely, (1) Wazibullah, (ii) Santraj and (iii) Mangar against judgment and order dated 22-9-1980 passed by Sri D. P. Srivastava, the then V Additional Sessions Judge, Gorakhpur in Sessions Trial Nos. 149 and 169 of 1979. Wazibullah and Santraj were tried in Sessions Trial No. 149 of 1979 whereas Mangar was tried in Sessions Trial No. 169 of 1979. Sessions Trial No. 149 of 1979 was treated as the leading case and both the sessions trials were decided by a common judgment. The three accused appellants were convicted under Section 396, IPC and sentenced to life imprisonment. Out of them. Wazibullah and Mangar died during the pendency of the appeal and the same abated respecting them by order dated 13-2-2003.2. The Court is presently concerned only with the appellant Santraj. His bail was cancelled on 9-4-1998, but he came to be arrested long after when the non-bailable warrant was again directed to be issued against him on 9-1-200...
Padmakar Tripathi Vs. Deputy Director of Education, Vth Region and anr ...
Court: Allahabad
Decided on: Jul-16-2004
Reported in: 2005(1)AWC653
Arun Tandon, J.1. This judgment will cover Civil Misc. Writ Petition Nos. 3501 of 1989, Brahmadeo Tripathi v. Deputy Director of Education, Varanasi and Anr. ; 3002 of 1991, Padmakar Tripathi v. Regional Deputy Director of Education, Vth Region, Varanasi and Anr. ; 12017 of 1992, Padmakar Tripathi v. Regional Deputy Director of Education, Vth Region, Varanasi and Ors. and 14343 of 1992. Padmakar Tripathi v. Director of Education (Madhyamik) Uttar Pradesh, Lucknow and Ors..2. Heard Sri Ashok Khare, senior advocate, assisted by Sri P. N. Tripathi, learned counsel for the Committee of Management headed by Sri Padmakar Tripathi, Sri A. P. Shahi, learned counsel for the Committee of Management headed by Sri Brahmdeo Tripathi and Sri Piyush Shukla, learned standing counsel for the State-respondents.3. Sri Murlidhar Sanskrit Pathshala, Andar, district Jaunpur is a Sanskrit Degree College affiliated to the Sampurnanand Sanskrit Vishwa Vidyalaya, Varanasi. It is not in dispute that the provisio...
Smt. Darshan Devi Vs. State of Up
Court: Allahabad
Decided on: Jul-16-2004
Reported in: [2006]150TAXMAN252(All)
V.K. Chaturvedi, J. Smt. Darshan Devi and three others have preferred this revision against the judgment and order dated 24-1-1989 passed by Special Chief Judicial Magistrate, Allahabad in Union of India v. Bound Advertising Company (Case No. 603 of 1985 (All.), dated 24-1-1989) rejecting the application under section 245, Cr.P.C.2. Heard Sri Rajiv Gupta, learned counsel for the revisionist, Sri Ashok Kumar for the Income-tax department and learned A.G.A.3. It is contended by Sri Rajiv Gupta that before filing the complaint against the revisionist the penalty proceedings were dropped by the Income-tax department, as such, the criminal proceedings under section 276C, read with section 277 of the Income Tax Act is against the settled principles of law. In support of his contention he relied on Ashirvad Enterprises v. State of Bihar 2004 U.P.T.C. 901 (SC): JT 2004 (4) SC 6.4. The brief facts of the case are that M/s. Bound Advertising Company, New Market, Hajratganj, Lucknow was a partner...
Ashok Kumar Vs. DIn Dayal Badal
Court: Allahabad
Decided on: Jul-15-2004
Reported in: 2004(4)AWC3062
Tarun Agarwala, J. 1. The original landlord died on 11.11.1987. The tenant remitted the rent by money-order, which was returned with the remark that the original landlord had died. Accordingly, the tenant Hied an application under Section 30 of the U. P. Act No. 13 of 1972, stating therein that the original landlord had died and that it was not known as to whom the rent should be sent. Notice on this application was sent to the heirs of the landlord, who refused to accept the summons and, accordingly, the Munsif permitted the tenant to deposit the rent under Section 30 of the Act. Thereafter, the heirs of the original landlord sent a notice dated 9.8.1988 to the tenant demanding arrears of rent and further terminated the tenancy. This notice was duly served upon the defendant on 16.8.1988. The defendant submitted a reply dated 30.8.1988 intimating the heirs that he had deposited the rent under Section 30 of the Act in the Court of Munsif and that the heirs may withdraw the rent from th...
Ved Ram Vs. Harish Chandra and anr.
Court: Allahabad
Decided on: Jul-15-2004
Reported in: AIR2005All34; 2005(3)AWC2266
Tarun Agarwala, J.1. The plaintiff filed a suit for a permanent injunction praying that the defendants be restrained from taking possession of the disputed plots No. 463 to 468 and further prayed that the said plots should not be allotted to the defendants or to any other person. The plaintiff alleged that he along with his brothers were owners and in possession of the aforesaid plots as well as the abadi as shown in the plaint. The plaintiff alleged that the defendant No. 2 is the Pradhan of the village and wanted to allot the disputed land to the defendant No. 1.2. The defendant No. 1 filed his written statement and contended that he had no concern with the land of the plaintiff and that he had been allotted 250 sq. yards from plot No. 460 which is adjacent to the plots of the plaintiff. The defendant contended that the plot of the defendant is different from the plots of the plaintiff.3. On the basis of the pleadings and evidence lead by the parties, the trial Court decreed the suit...
Ajit Kumar Srivastava Vs. Nagar Palika Parishad and anr.
Court: Allahabad
Decided on: Jul-15-2004
Reported in: III(2007)BC574
U.K. Dhaon, J.1. Heard Mr. J.N. Mathur, learned Counsel for the petitioner. Mr. D.K. Tripathi who has put in appearance on behalf of opposite parties 1, 2 and 4 and the learned Standing Counsel.2. The petitioner has approached this Court against the order dated 8.7.2004 by which the tenders were invited for the remaining period of 2004-05 with respect to collection of fee for taxi parking in the area of Nagar Palika Parishad, Sultanpur. The petitioner has alleged that through advertisement dated 30.6.2004, which was published in the daily newspaper 'Aaj' dated 2.7.2004, applications were invited for grant of Theka for the remaining period of 2004-05 and with respect to the said advertisement the petitioner submitted his tender on 8.7.2004. Learned Counsel for the petitioner submits that without cancelling the earlier tenders, the opposite parties on the intervention of the District Magistrate has invited fresh tenders by the Notification dated 8.7.2004 which was published on 13.7.2004 ...
Ram Gopal Vs. Up-ziladhikari and ors.
Court: Allahabad
Decided on: Jul-14-2004
Reported in: AIR2004All421; 2004(4)AWC3343; (2004)3UPLBEC2165
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of certiorari calling for the record from the Court of the Up-Ziladhikari, Mathura, respondent No. 1 and quash the order dated 17th April, 2004 passed by the respondent No. 1, filed as Annexure-10 to the writ petition and other consequential reliefs. By means of the order dated 17th April, 2004, the respondent No. 1 has allowed the application dated 27th December, 2002 filed by Ram Saran, respondent No. 3, for recounting of the votes and had directed for recounting.2. Briefly stated, the facts giving rise to the present writ petition are as follows :Election for the post of the Pradhan of Gram Panchayat Badhal Incha, District Mathura was held in the month of June, 2000, in which the petitioner was declared elected by a margin of 29 votes. The defeated candidate, respondent No. 3, challenged his election by means of ...
Devendra Kumar JaIn Vs. Ram Prakash
Court: Allahabad
Decided on: Jul-13-2004
Reported in: 2004(4)AWC3056
Anjani Kumar, J.1. Heard Sri P. K. Jain, learned counsel appearing on behalf of the revisionist-defendant and Sri Ravi Agrawal, learned counsel for the plaintiff-opposite party.2. The plaintiff-landlord filed a suit for ejectment and arrears of rent against the defendant-revisionist, which was pending before the trial court. The aforesaid suit was numbered as S.C.C. Suit No. 3 of 2000. During the pendency of the aforesaid suit, an application 24-GA has been filed by the plaintiff-landlord under Order XV Rule 5 of the Code of Civil Procedure on the ground that the defendant-tenant has not complied with the provisions of Order XV Rule 5 of the Code of Civil Procedure, inasmuch as he is not depositing regularly the admitted rent as contemplated under Order XV Rule 5 of the Code of Civil Procedure. therefore, his defence deserves to be set aside. The defendant-tenant denied the aforesaid allegation of the plaintiff-landlord and stated that he has deposited the entire admitted rent on the f...
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