Allahabad Court July 2004 Judgments
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Ganga Saran (D) Through L.Rs. Vs. Ivth A.D.J. and ors.
Court: Allahabad
Decided on: Jul-26-2004
Reported in: 2004(4)AWC3680
S.U. Khan, J.1. Ganga Saran original petitioner (since deceased and survived by legal representatives) was tenant of a property on behalf of respondent No. 3 Smt. Anna Puma. Respondent No. 3 filed suit against the petitioner for ejectment from the tenanted premises and for recovery of arrears of rent etc. The suit was decreed. Decree for recovery of money was put in execution through Execution Case No. 88 of 1979. In the said execution proceedings property in dispute belonging to the petitioner was sold through Court auction on 27.1.1984. The property was purchased in Court auction by Naveen Kumar respondent No. 4, who was already the tenant of the said property on behalf of the petitioner.2. Petitioner filed an application on 25.2.1984 i.e., within 30 days from the date of sale for setting aside the sale. Along with the application necessary amount as required under Order XXI Rule 89, C.P.C. including 5% of the sale price and decreetal amount was deposited. The said application was re...
Smt. Yashoda Devi and anr. Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Jul-26-2004
Reported in: 2005(1)AWC578
S.N. Srivastava, J.1. Petition in hand has been filed assailing the judgment and order dated 28.5.2004, passed by 1st Addl. District Judge, Ghazipur, whereby Misc. Appeal No. 160 of 1998 was allowed and in consequence order passed by trial court dated 30.5.1998 granting temporary injunction in O.S. No. 104 of 1998 was set aside. As a matter of fact this petition was heard and allowed on 26.7.2004 attended with the observation that reasons would follow. Herein below are reasons.2. Facts forming background to the suit are that plaintiff Keshav Prasad instituted a suit for partition of the property as described in the plaint map. The plaint allegations are that the property in suit was ancestral property in which he had one-third share. It is further alleged that a private partition mutually acceptable to all, had taken place in the year 1991 between the parties as a consequence of which the property marked and described in the plaint map by letters A, A-2, A-3, A-4 and A-5 fell to the sh...
Gopal Alias Mahesh Singh (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jul-26-2004
Reported in: 2005CriLJ995
Mukteshwar Prasad, J.1. Accused-Gopal alias Mahesh, son of Bhoop Kachhi, filed this appeal from jail against the judgment and order dated 20-6-1989 passed by the then learned Sessions Judge, Fatehpur whereby he convicted Gopal alias Mahesh under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a sum of rupees one lac as fine in the event of default, he was ordered to undergo additional rigorous imprisonment for a term of two years.2. Briefly stated, the prosecution case was as under :P.W. 1 S.I. Rajendra Dhar Dwivedi was posted as Station Officer GRP, Patehpur on 24-9-1988. He accompanied by two Constables, namely, Tribhuwan Pandey and Afsar Khan were on duty at platform No. 2/ 3 of the Railway Station. At about 9-45 p.m. S.I. Dwivedi was informed by Mukhbir that one miscreant having intoxicating drugs and weapon was waiting on the wooden b...
Jagannath and ors. Vs. Additional Commissioner and ors.
Court: Allahabad
Decided on: Jul-26-2004
Reported in: 2005(1)AWC772
Sunil Ambwani, J.1. Cause shown is sufficient. The delay is condoned. The substitution application for substituting the heirs of respondent No. 3, is allowed. The necessary entry shall be made in the array of parties.2. This writ petition has been filed against the order dated 6.10.1980 passed by Additional Commissioner, Allahabad Division, Allahabad in Revision No. 275 of 1980 (Alld.), between Jagannath etc. and Ali Athar etc. in proceedings under Section 198 (2) of U.P.Z.A. and L.R. Act, 1950 of village Kanihar, pargana Jhusi, district Allahabad whereby the revision application was dismissed, upholding the order dated 21.6.1980 passed by the Additional District Magistrate (Rural), Allahabad in Suit No. 653A of 1979-80 under Section 198 (2) of U.P.Z.A. and L.R. Act read with Section 15A of U. P. Bhoodan Yagna Act, 1952. It was held by the Additional District Magistrate in his order that the land in dispute allotted to the petitioners was, in fact, entered as 'pond' in the khatauni of ...
Chandra Kant Nagarkar and ors. Vs. Vth Additional District Judge and o ...
Court: Allahabad
Decided on: Jul-23-2004
Reported in: 2004(4)AWC2856
S.U. Khan, J.1. By order dated 13.10.1986 this writ petition was admitted and connected with Writ Petition No. 15452 of 1985. The said petition of 1985 was dismissed in default on 23.9.2003 by Hon. S. Harkauli, J. Restoration application was also dismissed on merit on 20.10.2003. A second restoration application is pending.2. This writ petition on behalf of the landlords is directed against allotment order under Section 16 (1) (a) of U. P. Act No. 13 of 1972, passed in favour of respondent No. 4 by Rent Control and Eviction Officer, Gorakhpur, dated 1.12.1982 and judgment and order dated 26.8.1986, passed by Vth Additional District Judge, Gorakhpur, dismissing Civil Revision No. 506 of 1982 which was filed under Section 18 of the Act and was directed against aforesaid allotment order dated 1.12.1982.3. Initially the building in dispute was in tenancy occupation of U. P. State Electricity, Board through Executive Engineer, Hydel, Distribution Division, III, Gorakhpur (hereinafter referr...
Committee of Management Adarsh Shiksha Samiti Dharwara and anr. Vs. St ...
Court: Allahabad
Decided on: Jul-23-2004
Reported in: 2004(4)AWC2863b
Arun Tandon, J.1. The alleged Committee of Management of Adarsh Shiksha Samiti Dharwara, Allahabad through its Manager Sri Rajesh Chandra Tiwari has approached this Court by means of the present writ petition for quashing the order dated 31st January, 2004, passed by the Assistant Registrar, Firms, Societies and Chits, whereby on the asking of the District Inspector of Schools, Allahabad he has finalised the electoral college for constituting the Committee of Management of Lal Bahadur Shastrl Inter College, Dharwara.2. I have heard Sri A. P. Sahi on behalf of the petitioner and Sri Shashi Nandan. senior advocate, assisted by Sri M. C. Tiwari on behalf of the respondent No. 6. standing counsel on behalf of respondent Nos. 1 to 4, Nobody has put in appearance on behalf of the respondent No. 5.3. The relevant facts giving rise to the present writ petition are that under order of this Court dated 10th September, 2003, passed in Writ Petition No. 39968 of 2003, the Regional Joint Director o...
Ravi Kant Sharma Vs. Deputy Registrar, Co-operative Societies and ors.
Court: Allahabad
Decided on: Jul-23-2004
Reported in: (2004)3UPLBEC2549
Vineet Saran, J.1. The petitioner was Secretary of the Urban Co-operative Bank, Saharanpur. By the impugned order dated 9.3.2004 he has been placed under suspension. Challenging the said order'this writ petition has been filed. Affidavits have been exchanged and with consent of learneed Counsel for the parties, this writ petition is being disposed of at the admission stage itself.2. Brief facts of this case are that on certain charges including some which were of serious financial irregularities, proceeding under Section 68 of the U.P. Co-operative Societies Act (hereinafter referred to as the Act), had been initiated against the petitioner. On some such charges having been proved, by order dated 24.5.2001 a punishment was imposed on the petitioner Although the said order dated 24.5.2001 has not been annexed with the writ petition nor the punishment imposed has been described but on being questioned, Sri H.R. Mishra, learneed Counsel for the petitioner, stated that by the said order re...
Wardex Pharmaceuticals (Pvt.) Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-2004
Reported in: [2004(102)FLR1136]; (2004)3UPLBEC2702
Ashok Bhushan, J.1. Heard Counsel for the petitioner.2. By this writ petition, the petitioner has prayed for quashing reference order dated 31-1-2003 passed by Deputy Labour Commissioner, Moradabad referring an Industrial Dispute under the provisions of UP. Industrial Dispute Act, 1947.3. The dispute referred is as to whether action of the management in terminating/retrenching the services of their workman Vinod Kumar Narang, Supervisor with effect from 1-10-1999 is justified/valid or not and if not then to what relief the workman is entitled.4. The learned Counsel for the petitioner challenging the reference order has made following submissions in support of the writ petition :(1) The reference has been made by Deputy Labour Commissioner exercising jurisdiction under notification dated 29-8-1990 which notification has been subsequently superseded by another notification dated 17-11-2000, hence the order is in-valid.(2) Respondent No. 4 was validly terminated after paying retrenchment ...
Nagar Nigam Vs. Gorakhpur Development Authority and ors.
Court: Allahabad
Decided on: Jul-23-2004
Reported in: 2004(4)AWC3236
S.N. Srivastava, J.1. Impugned herein is the order dated 16.6.2004, passed by the District Judge, Gorakhpur in Civil Revision No. 128 of 2004 by which parties were directed to maintain present position till the' date fixed (11.7.2004) for disposal of injunction application.2. From a perusal of the record, it transpires that O.S. No. 292 of 2004 was instituted by the plaintiff respondents for the relief of permanent injunction to restrain the defendants from interfering with the possession of the plaintiffs over the property described in the plaint map by letters Ka, Kha, Ga, Gha, Cha. The boundaries of the property have also been enumerated in the plaint. It would further transpire that trial court, i.e.. Civil Judge (S.D.) Gorakhpur on 16.6.2004, merely issued notices to the opposite parties fixing 11.7.2004 for disposal of injunction application and aggrieved by the order, a revision was preferred the same day before the District Judge who passed the order impugned herein. It is in t...
Ram Prasad and anr. Vs. Moti Singh and ors.
Court: Allahabad
Decided on: Jul-23-2004
Reported in: 2004(4)AWC3293
ORDERS.N. Srivastava, J.1. Heard learned counsel for petitioners.2. This writ petition is directed against the judgment and order dated 18.3.2004, passed by Special Judge, J.P. Nagar in Civil Misc. Appeal No. 52 of 2002.3. From perusal of record it transpires that by an ex parte decree dated 9.5.1997 plaintiff-petitioners' suit was decreed by Civil Judge (J.D.), Hasanpur, Moradabad. Applications for restoration of suit and for condoning delay supported by an affidavit were rejected by trial court by order dated 22.5.2002. The Judgment and order passed by appellate court in appeal is impugned in the present writ petition.4. By the impugned judgment, appellate court allowed restoration application and condoned delay, ex- parte decree dated 9.5.1997 was set aside at the cost of Rs. 1,000 and suit was restored to its original number.5. Learned counsel for petitioners urged that trial court passed an order on the question of delay only and did not pass any order so far as restoration applic...
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