Allahabad Court July 2004 Judgments
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Laxmi NaraIn and anr. Vs. Smt. Savitri Devi and ors.
Court: Allahabad
Decided on: Jul-21-2004
Reported in: 2004(4)AWC3262
Tarun Agarwala, J.1. The District Magistrate granted permission to the landlord Under Section 3 (1) (a) of U. P. Act No. 3 of 1947 to file a civil suit for ejectment of Sri Parag Das and Rama Shanker. Pursuant to this order, the landlord filed a civil suit for ejectment, which was registered as Original Suit No. 117 of 1966 and was decreed. The tenant's appeal was dismissed and subsequently the decree for eviction was also upheld by the High Court. The landlord eventually got possession of the shop in dispute in execution proceedings. It transpires that the landlord applied for reconstruction of the shop and the plan was sanctioned by the Municipal Board on 7.1.1974 and thereafter, the shop of the landlord was demolished and a new shop was reconstructed in the year 1976. It transpires that Smt. Sukhrani applied for allotment of the shop in December, 1981 and fraudulently obtained an allotment order dated 4.3.1982. When the landlord came to know about the said allotment order, the immed...
Km. Archana Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-2004
Reported in: 2004(4)AWC3264; [2004(102)FLR821]
M. Katju and Umeshwar Pandey, JJ.1. The petitioner Km. Archana Pandey is totally blind. She got first division in every examination from High School to M.Phil. The mark sheets of the petitioner are Annexure- 1 to the writ petition. She has done M.A. and M.Phil from Delhi University and got first division. True copy of the physical handicapped certificate is Annexure-2. The petitioner is the first blind student in the entire county who was passed the NET examination from U.G.C. vide Annexure-3.2. Parliament enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 33 of the said Act states :'33. Reservation of posts.- Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from :(i) blindness or low vision ;(ii) hearing Impairment ;(iii) loco...
Ganga Sahai Ram Swarup and anr. Vs. Income-tax Appellate Tribunal and ...
Court: Allahabad
Decided on: Jul-21-2004
Reported in: [2004]271ITR512(All)
1. Heard Shri Ravi Agrawal, learned counsel for the appellants and Shri Shambhu Chopra, learned standing counsel for the respondents.2. The appeal had been admitted by this court on the following substantial questions of law :'Whether non-condonation of delay by the Commissioner of Income-tax (Appeals) was arbitrary and against the settled principles ?'3. From the order of the appellate authority, it appears that an assessment was framed against the appellant under Section 144/245 by the Income-tax Officer, Ward No. 2, Hapur, vide order dated September 12, 2000. The appeal under Section 246 of the Income-tax Act, 1961, is to be preferred within 30 days of the date of the order which in the present case was to be filed up to October 15, 2000. The appeal was actually filed on October 27, 2000, i.e., after a delay of 12 days. The appellant had filed an application under Section 5 of the Limitation Act supported by an affidavit for condonation of delay. The ground taken was that the appell...
Maksood and anr. Vs. Upper District Judge Iiird and ors.
Court: Allahabad
Decided on: Jul-21-2004
Reported in: AIR2005All1; 2005(1)AWC657
ORDERS.N. Srivastava, J.1. Impugned herein is the order dated 18-12-2002 passed by Addl. District Judge, Azamgarh whereby two applications one paper No. 6 C2 moved for condonation of delay and another paper No. 4C 2 praying for restoration of Misc. Appeal bearing No. 100 of 2000 to its number which had been dismissed for default on 15-1-2002, came to be rejected.2. According to the facts forthcoming on record, the Misc. Appeal aforestated had been set down for 4-12-2001 on which date, application for grant of time was made. Thereafter, the petitioners were intimated by their counsel that next date fixed in the case was 15-2-2002 while the date fixed in the case was 15-1-2002 on which date the appeal had already been dismissed for want of prosecution. It is stated by the learned counsel for the petitioners that when the petitioners turned up on 15-2-2002, it was cognized to them that the appeal had been dismissed for want of prosecution on 15-1-2002 and therefore, the same day the petit...
Bhudeo Singh Vs. State
Court: Allahabad
Decided on: Jul-21-2004
Reported in: 2004CriLJ4544
ORDERMukteshwar Prasad, J. 1. Sri V. V. Singh, the then Additional Sessions Judge, Aligarh convicted accused Bhudeo Singh under Section 326 and 324 of Penal Code and sentenced him to suffer rigorous imprisonment for a period of two years and nine months respectively thereunder vide his judgment and order dated 28-1-1981. Both the sentences were directed to run concurrently. Accused Bhudeo Singh has challenged his conviction and sentence through his appeal in this Court.2. In brief necessary facts of the case for disposal of this appeal are as under :-- P.W. 2 Karan Singh son of Panna Lal is husband of Smt. Nathiya and is informant. He handed over a written report at Police Station Hathras on 6-10-1979 at 5.50 a.m. and local police registered a case at Crime 862 under Section 307, IPC against the appellant and his brother Hari Singh.3. It was alleged by the informant that his wife Smt. Nathiya, went to provide straw etc. to her cattle in cattle shed (Gher) at about 4.30 a.m. on 6-10-197...
Satish Kumar Agarwal Vs. Bank of India and ors.
Court: DRAT Allahabad
Decided on: Jul-20-2004
Reported in: 3(2006)BC143
1. Both the appeals are connected and arise out of the same order passed by the learned Presiding Officer of the D.R.T., Jabalpur in T.A.No. 100 of 2000. They have been heard together and are being disposed of by the single judgment.2. The brief facts of the case are that on 22nd April, 1995 the respondent No. 1 Bank of India filed suit for recovery of Rs. 29, 13, 488.09 against the present appellants and the respondent Nos. 2, 3 and 4. Practically respondent No. 2 Bhopal Food (P) Ltd. was the borrower while respondent Nos. 3 and 4 were Directors of the said company. The appellant Nos. 1 and 2 were arrayed as defendant Nos. 4 and 5 being the Directors and also guarantors. That the suit was dismissed for default on not taking proper steps by the Bank before the District Judge and such dismissal was recorded even before issuance of summons to the defendants. Long after the dismissal order was recorded only in the Year 1999 a restoration petition was filed by the Bank which was eventuall...
Chief General Manager, State Bank of India and ors. Vs. Durgesh Kumar ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: (2005)ILLJ796All; (2004)3UPLBEC2244
M. Katju and Umeshwar Pandey, JJ.1. This special appeal has been filed against the impugned judgment of the learned Single Judge dated 20.5.2003.2. We have heard Sri Navin Sinha, learned Counsel for the appellants and Sri B.D. Mandhyan, learned Counsel for the respondent.3. We find no merit in this appeal.4. The facts and circumstances have been stated in detail in the judgment of the learned Single Judge and hence we need not repeat the same.5. Sri Vipin Sinha has submitted that the widow of the deceased was getting family pension of Rs. 3421/- per month which has been reduced to Rs. 1620/- per month from 1.2.2002. In our opinion this is clearly insufficient to support the family.6. The deceased was a clerk in the Bank and this family pension would clearly not meet the needs of the widow and her family members particularly in these days when prices and cost of living have risen very high.7. The claim of the respondents in this appeal was rejected by the Bank by order dated 9.4.1999 on...
Prabandhak Sabha, Rauhata Uchchatar Madhyamik Vidyalaya and anr. Vs. D ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2004(4)AWC2885
Arun Tandon, J.1. Heard Sri Anil Bhushan on behalf of petitioners, Sri J. K. Srivastava on behalf of respondent No. 2 and standing counsel on behalf of respondent No. 1.2. Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata Agra. through its Secretary Sri Bhajan Lal, has filed this writ petition against the order dated 19.4.2003, passed by the Deputy Registrar Firms. Societies and Chits, Agra, contained in Annexure-12 to the writ petition. The said order has been passed in exercise of powers under Section 3A of the Societies Registration Act, 1860 (hereinafter referred to as the Act) renewing the registration certificate of the Society by the name of Gram Shiksha Samiti, Rauhata, Agra, with effect from 10.10.1977.3. It is contended on behalf of the petitioner that the Gram Shiksha Samiti was registered under the Act bearing No. 179/1945-46. The said society was registered on 5.2.1946. It is further contended that the registration of the said society was not renewed for deca...
Committee of Management, K.A.P.G. College and anr. Vs. State of U.P. a ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2004(4)AWC3074; (2004)3UPLBEC2693
ORDERArun Tandon, J.1. Heard Sri P. S. Baghel on behalf of petitioners and learned standing counsel on behalf of respondents.2. The Committee of Management of K.A. Post Graduate College, Kasganj, Etah, through its Manager Sri Vinay Kumar Jain, has filed this writ petition against the order dated 2.7.2004 whereby the Committee of Management of the said institution has been suspended in exercise of powers under Section 58 (2) of the State Universities Act, 1973 (hereinafter referred to as the Act). A copy of the said order has been enclosed as Annexure-1 to the writ petition.3. On behalf of the petitioner it is contended that although the order under Section 58 (2) of the Act has been issued by the State Government on 2.7.2004 but till date the petitioner has not been issued any notice under Section 57 of the Act. Therefore, the impugned order of the State Government passed in exercise of power under Section 58 (2) of the Act cannot be sustained.4. On behalf of respondents it is submitte...
Committee of Management, R.P. Inter College and anr. Vs. State of Utta ...
Court: Allahabad
Decided on: Jul-20-2004
Reported in: 2004(4)AWC3751; (2004)3UPLBEC2526
Arun Tandon, J.1. Heard Sri Anil Bhushan Advocate on behalf of the petitioner and Sri M.D. Singh 'Shekhar' Advocate on behalf of the respondents.2. This writ petition has been filed by the Committee of Management, R.P. Inter College Kamalganj, Farrukhabad through its Manager for quashing the order passed by the Regional Joint Director of Education, Kanpur Region, Kanpur dated 3rd May, 2004, whereby in exercise of power under Section 6(3) of the UP. High Schools and Intermediate Colleges (Teachers and other Employees Payment of Salaries) Act, 1971, the Committee of Management of the Institution has been superceded and authorized Controller has been appointed.3. On behalf of petitioner it is contended that the impugned order has been passed without considering the objections submitted by the petitioner institution to the show cause notice issued by the Joint Director of Education. It is submitted that because of non-consideration of the explanations submitted by the petitioner, the order...
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