Allahabad Court July 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.
Lal Devendra Pratap Singh Vs. Bilkis Masood and ors.
Court: Allahabad
Decided on: Jul-29-2004
Reported in: 2004(3)AWC3747
S.N. Srivastava, J.1. Impugned herein the order dated 2.4.2004 passed by District Judge, Azamgarh thereby dismissing the revision summarily at admission stage. The order impugned herein stemmed from order dated 29.3.2004 passed by Addl. Civil Judge, Azamgarh in Execution Case No. 59 of 2003 whereby applications 341 Ga-2, 350 Ga-2 and 352 Ga-2 and objections preferred were disallowed.2. Few facts as are imperative to shed light on he; controversy involved in this petition, may be recapitulated. The dispute revolves rovind property known as Hafiz Manzil situated in village Narauli Tappa, Harbansh School, Pargana Nizambad, Tahsil Sadar, District Azamgarh. The property originally belonged to Dr. Hafiz Ullah, a retired civil surgeon who expired in the year 1948 and was survived by plaintiffs and proforma defendants 0 to 15 arrayed In the plaint. In the wake of his death, the property was entailed upon plaintiffs and proforma defendants and out of them proforma defendants 9 to 15 and Anis Ah...
Chandra Bhan Vs. State
Court: Allahabad
Decided on: Jul-29-2004
Reported in: 2005CriLJ351
K.N. Ojha, J.1. Instant Criminal Appeal has been filed against judgment and order dated 25-7-1980 passed by learned IV Additional Sessions Judge, Agra, in Sessions Trial No. 656 of 1978, State v. Chandrabhan, under Section 302, I.P.C. by which the appellant has been awarded sentence of life imprisonment for committing murder of his wife Smt. Gullo.2. We have heard Sri V.P. Tripathi, learned amicus curiae for the appellant and Sri A.K. Awasthi, learned AGA from the side of the State. We have also carefully perused the record.3. According to the prosecution, Chandrabhan appellant used to live in his house in village Nandpura along with his wife Smt. Gullo and two children. Chandrabhan assaulted Smt. Gullo inside the room of his house by Phookni on 11-5-1978 at about 3.00 p.m. and stabbed her in her stomach by Ranpi, as a result of which she fell down bleeding profusely. The blood also splashed in the room and its walls. After so causing injuries to his wife, Chandrabhan dragged her in in...
Ansal Housing and Construction Ltd. and anr. Vs. State of U.P. and ors ...
Court: Allahabad
Decided on: Jul-29-2004
Reported in: AIR2005All23
Jagdish Bhalla, J.1. The main crux of the controversy, which is involved in the present writ petition is whether the decision given by the Hon'ble Supreme Court in M. I. Builders (P) Ltd. v. Radhey Shyam Sahu, reported in 1999 (6) SCC 464 : (AIR 1999 SC 2468), would be applicable in the present case and affect the resolution dated 12-7-1993 so far as it relates to the petitioner and whether the order dated 9th January, 2002 passed by the respondent No. 3 is correct and justified by means of which the Agreement dated 16-11-1993 entered into between the petitioners and the respondents has been declared void-ab-initio and non est in view of pronouncement of the judgment and order dated 23-8-1994 passed by this Court in Writ Petition No. 89 (MB) of 1994, Amit Puri v. Nagar Maha Palika, Lucknow and in other connected writ petitions which was latter approved by the Hon'ble Supreme Court in M. I. Builders (P) Ltd. case (supra).2. Before referring the actual controversy involved in the present...
Heera Singh S/O Dharm Dev Singh Vs. State of U.P.,
Court: Allahabad
Decided on: Jul-29-2004
Reported in: 2005CriLJ3222; I(2006)DMC19
Krishna Murari, J.1. Heard Sri Ikram Ahmad, learned counsel for the petitioner and learned A.G.A.2. The brief facts of the case as stated in the writ petition are that the petitioner was married to respondent No. 2 in 1978 and 'Gauna' took place in 1982. He is an employee of Boarder Security Force and after his 'Gauna', he went to Punjab in 1983 to join his duties. He came back to village in 1984 and found that his wife was in advance stage of pregnancy and a male child was born on 8.6.1984. The petitioner filed a matrimonial case for dissolution of marriage. First Appeal No. 619 of 1989 (Heera Singh v. Lalmuni Devi) arising out of the said matrimonial case is pending before this Court. Respondent No. 2 moved an application under Section 125 Cr.P.C. claiming maintenance for her and respondent No. 3 who is minor son. In the said proceedings the petitioner moved an application praying that D.N.A test of the minor child be conducted to establish that he was born out of the wedlock and was...
State of U.P. and ors. Vs. Bindeshari Nath Pandey and anr.
Court: Allahabad
Decided on: Jul-28-2004
Reported in: [2004(102)FLR1138]; (2004)3UPLBEC2615
Anjani Kumar, J.1. Heard learned Counsel for the petitioners and Sri G.P. Singh who has put in appearance on behalf of Respondent No. 1.2. This employers writ petition, is directed against the award of the Labour Court, Gorakhpur dated 28th January, 1999 in Adjudication Case No. 21 of 1989. The following dispute was referred to the Labour Court.'KYA SEWAYOJAKON DWARA APNE SHRAMIK BINDESHWARI NATH PANDEY, THOOTH LIPIK, PUTRA SHRI RAM SUMER PANDEY KI SEWAYEN DINANK 1.10.82 SE SAMAPT KIYA JANA UCHIT TATHA/ATHAWA VAIDHANIK HAI? YADI NAHIN. TO SAMBANDHTIT SHRAMIK KYA HITLABH/ ANUTOSH PANE KA ANDHIKARI HAI EVAM ANYA KIS VIVRAN SAHIT3. The Labour Court, on receipt of reference issued notice to the petitioner as well as workman concerned. The parties have exchanged their pleadings and adduced their evidence.4. In short the case set up by the petitioner-employer is that Respondent No. 1 was appointed as daily wager on the basis of availability of work and particularly worked in the Session 1982...
Mahesh Prasad Vs. Director, State Educational Research and Training Bo ...
Court: Allahabad
Decided on: Jul-28-2004
Reported in: (2004)3UPLBEC2711
Arun Tandon, J.1. Heard Sri M.D. Mishra on behalf of the petitioner and learned Standing Counsel on behalf of the Respondent Nos. 1, 2 and 3.2. This writ petition can be disposed of without awaiting counter affidavit from the Respondent Nos. 4 to 8.3. The facts of the case are that petitioner Mahesh Prasad claims selection in the B.T.C. Course in pursuance to Pre-admission Entrance Test held in the year 2001. The petitioner for the said purpose had approached this Court earlier and had filed Writ Petition No. 1379 of 2004. The writ petition filed by the petitioner was decided by means of judgment and order dated 24-3-2004 in terms of the judgment passed in Writ Petition No. 56440 of 2003. The order of this Court dated 24-3-2004 reads as follows:'In both the writ petitions, petitioners who arc belonging from OBC/Male/ Arts category are claiming admission in B.T.C. Examination, 2001.The grievance of the petitioners is that seats are still lying vacant in O.B.C. Category and respondents a...
Committee of Management, Hindu College, Through Its Manager, Shanker S ...
Court: Allahabad
Decided on: Jul-28-2004
Reported in: (2004)3UPLBEC2708
M. Katju and Umeshwar Pandey, JJ.1. This Special Appeal has been filed against the impugned judgment of the learned Single Judge dated 5-7-2004.2. We have carefully perused the impugned judgment and have heard the learned Counsel for the parties.3. The petitioner is a Committee of Management of a Degree College in Moradabad There were very serious allegations against the petitioner, which have been set out in detail in the impugned judgment On internal page 3 of the impugned judgment, there are five serious charges of financial irregularities, which have been quoted therein e.g. that the College Management, has illegally transferred Rs. 50,00,000/- to the Hindu Educational Society from the College fund, that the College received. Rs. 260/- per private candidate instead of prescribed amount of Rs. 60/- only for recommending their exam forms to the University and from the account, illegally transferred Rs. 10,75,000/- to the Hindu Education Society etc. Hence the State Government issued ...
Vijay Singh and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-28-2004
Reported in: 2005(2)AWC1191; (2004)3UPLBEC2778
B.S. Chauhan, J.1. The Division Bench of this Court while hearing the Special Appeal No. 1143 of 2001, Vijay Singh and Ors. v. State of U.P. and Ors., against the judgment and other of the learned Single Judge in Civil Misc. Writ Petition No. 37667 of 2001, Vijay Singh and Ors. v. State of U.P. and Ors., dated 23.11.2001, wherein it had been held that provisions of the U.P. Recruitment of Service (Age Limit) Rules, 1972, hereinafter called the 'Rules, 1972' are not applicable in case of appointment of Sub-Inspectors of Police in U.P. as the field stood occupied by the provisions of the Police Act, 1861, hereinafter called 'Act, 1861', which empowers the State Government to issue Government Orders from time to time fixing eligibility including the Minimum and Maximum age etc., disagreed with the earlier judgment dated 23.10.2002 of another Division Bench of this Court in Subhash Chandra Sharma v. State of U.P. and Ors., (2000) 3 AWC 2367, and referred the following questions to the Larg...
Hello Minerals Water (P) Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jul-28-2004
Reported in: 2004(174)ELT422(All)
ORDERM. Katju, J.1. This writ petition has been filed for a mandamus directing the respondents to give benefit of exemption from Central Excise Duty to the petitioner under notification dated 1-3-1994 and for quashing the impugned order dated 1-10-2003 [2004 (163) E.L.T. 55 (Tri. - Del.)] passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (Annexure 1 to the writ petition) and for declaring that the benefit of Notifications 67/95 and 214/86 would be available to the petitioner.2. In this case on 6-5-2004 the respondents were granted one month time to file counter affidavit but as yet no counter affidavit has been filed. Hence we are treating the allegations in the petition to be correct.3. Before setting out the facts of the case we may briefly refer to the issue involved in the present petition.4. Certain final products of Chapter 39 of the Schedule to the Central Excise Tariff Act are fully exempted from central excise duty under Notification No. 15/94-C.E., d...
Deewan Singh and ors. Vs. Bala Singh and ors.
Court: Allahabad
Decided on: Jul-28-2004
Reported in: 2005(1)ARC182; 2004(4)AWC3639
S.N. Srivastava, J.1. Present petition has been preferred assailing the order dated 13.4.2004 passed by Additional District Judge (Court No. 4) Etawah. whereby revision was allowed and order dated 28.10.1997, passed by trial court was set aside and the matter was remanded to the trial court for decision afresh in accordance with law.2. Who is the legal representative of deceased Tula Ram is the pivotal question from which emanates the controversy involved in this petition. Petitioner Deewan Singh claimed heirship on the basis of adoption deed, which he alleged to have been executed by the deceased Tula Ram on 30.11.1976. On the other hand, Bala Singh who is arrayed as respondent No. 1 in the instant petition claimed his rights on the basis of Will deed executed by Smt. Ram Devi alias Bhaggo, widow of deceased Tula Ram in favour of Ranjeet Singh, son of real brother of Tula Ram. The suit in question was instituted by Smt. Ram Devi alias Bhaggo for the relief of cancellation of adoption ...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »