Allahabad Court September 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.
Krishna Prasad and ors. Vs. Tarun Kumar Mallick
Court: Allahabad
Decided on: Sep-13-2004
Reported in: 2005(1)AWC244
Anjani Kumar, J.1. Heard learned counsel appearing on behalf of the parties.2. The petitioners, who are heirs of tenant Munni Lal, are residing in the premises in question, are carrying on occupation of shoes repairing, as is clear from the assertion made in the application filed by the landlord under Section 21 (1) (a) of the U.P. Act No. 13 of 1972, hereinafter referred to as the 'Act', aggrieved by the order dated 18th March, 1992, passed by the prescribed authority, whereby the release application filed by the landlord was allowed, copy' whereof is annexed as Annexure-4 to the writ petition, approached the appellate authority by means of appeal under Section 22 of the Act, which has been dismissed by the appellate authority vide its order dated 15h March, 2002, copy whereof is annexed as Annexure-12 to the writ petition. These are two orders which have been challenged by the petitioners by means of present writ petition under Article 226 of the Constitution of India.3. In short, th...
Mohd. Qadir Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-13-2004
Reported in: 2005(1)AWC262
ORDERM. Katju, A.C.J. and Sunil Ambwani, J.1. This writ petition filed against the impugned order dated 3.9.2004 (Annexure-14 to the writ petition) by which the contract granted to the petitioner for running slaughter house for a period of 10 years has been cancelled.2. In paragraph 27 of the petition, it has been stated that the auction for the contract was advertised in the newspaper known as 'Anavaran Gatha'. We are not satisfied that this is a well-known newspaper having wide circulation.3. It has been repeatedly held by this Court that a contract of public property can ordinarily only be granted after advertising the same in well-known newspapers having wide circulation in the area. In Matsya Jivi Sahakari Samiti Balepar v. Sub Divisional Officer, Mehadawal and Ors., 2003 (3) AWC 1755 : AIR 2003 All 1 76, it was held in para 7 as follows:'7. It has been repeatedly held by this Court that fishery' lease can only be granted after advertising the same in well known newspapers having ...
Janmejay Sachan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-13-2004
Reported in: (2005)1UPLBEC630
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This petition has been filed challenging the adverse entry dated 28.8.2002 awarded to the petitioner by the then Senior Superintendent of Police, Allahabad and order dated 9.12.2002 passed by the Inspector General of Police, Allahabad Zone, Allahabad. The petitioner has also prayed a writ to grant him all consequential benefits including the benefit of promotion to the post of Inspector.3. In brevity, the facts of the case are that when the petitioner was posted at Police Station Shankargarh, district Allahabad as Station Officer, a complaint was lodged by one Sri Satyendra Kumar Singh S/o Sri Bhanwar Singh, R/o Qasba and P.S. Ratanpuri, District Muzaffarnagar falsely implicating him in a wire theft case to extract his invested money. An enquiry was conducted into the matter. After enquiry report was submitted by the Enquiry Officer to the effect that there was no material and evidence against the petitioner an...
ikramuddIn Vs. Prescribed Authority/Execution Court/Judge Small Cause ...
Court: Allahabad
Decided on: Sep-13-2004
Reported in: 2005(1)ARC209
Anjani Kumar, J.1. This writ petition was heard by me and after hearing learned Counsel appearing on behalf of the parties, the same was dismissed on 13th September, 2004 for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.2. Heard learned Counsel appearing on behalf of the parties.3. By means of present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-'(i) Issue a writ, order or direction in the nature of certiorari quashing the order of Execution Court dated 24,7.2004 and 2.9.2004 (Annexures 8 and 11 to the writ petition) and may also quash the execution proceeding in execution case No. 14 of 2000, Smt. Madhu Goel and Anr. v. Ikramuddin, declaring the eviction of the petitioner from the shop in dispute pursuant to the judgment and decree, which is nullity.(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not evict the petit...
Jwala Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-13-2004
Reported in: 2005(2)AWC2271
ORDERS.U. Khan, J.1. All the respondents are represented by learned standing counsel. As the question involved is a pure question of law hence both the learned counsel have agreed for disposal of the writ petition at the admission stage without calling for counter and rejoinder-affidavits.2. This writ petition is directed against order dated 22.6.2004 passed by Additional Collector (Finance/ Revenue), Pilibhit, determining an amount of Rs. 13,050 as deficiency of stamp duty on the gift deed in question and imposing penalty of Rs. 5,000.3. By virtue of Government order dated 24.2.1997 (as extended from time to time), the stamp duty payable on conveyance as defined under Section 2(10) and provided for under Article 23 of Schedule 1B of Stamp Act has been reduced from Rs. 125 per thousand to Rs. 80 per thousand. The only point to be decided in this writ petition is as to whether the said reduction applies to gift deeds also or not. Under Article 33 of Schedule 1B stamp duty payable on a d...
Mata Prasad Verma Vs. U.P. State Road Transport Corporation and ors.
Court: Allahabad
Decided on: Sep-10-2004
Reported in: (2005)2UPLBEC1145
Tarun Agarwala, J. 1. The petitioner Mata Prasad Verma was appointed as a Conductor in U.P. State Roadways Transport Corporation (hereinafter referred as the Corporation) in the year 1987. The services of the petitioner was regularised in the year 1989. Under the Service Rules of 1981, the petitioner was entitled to be promoted as Office Assistant Grade-II. As per instructions dated 31.5.1990, the qualification for promotion to the post of Office Assistant Grade-II was that the candidate must have a knowledge of Hindi typing at the minimum rate of 25 words per minute and that he should be in servive for the last five years. It was alleged that the process of promotion was initiated in March, 1997 and prospective candidates were directed to appear for Hindi typing test on 10.3.1997. Based on this typing test a select list was declared on 8.10.1997 in which 17 persons were selected for promotion to the post of Office Assistant Grade-II. The select list also included a 'waiting list' of f...
Sunil Alias Sushil Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Sep-10-2004
Reported in: 2005CriLJ1357
M.C. Jain, J.1. Both these appeals challenge the judgment and order dated 5th Oct. 1980 passed by Sri T.P. Gupta, the then V Additional Sessions Judge, Kanpur in Sessions Trial No. 287 of 1980. As such, they are being decided together. The appellant in Criminal Appeal No. 2508 of 1980 is Sunil alias Sushil Kumar whereas Shahzade is the appellant in other Criminal Appeal No. 2524 of 1980. Both of them have been convicted under Section 386, IPC and sentenced to undergo life imprisonment. Two others, namely, Devendra Kumar and Munnu alias Radhey Shyam were also tried with them, but they were acquitted being given the benefit of doubt. There was yet another suspect of the offence, namely, Rais Ahmad, but he was not charge-sheeted as no witness had identified him at the identification parade.2. The background facts which led to the trial are as follows. The incident took place in between the night of 13/14th March, 1980 at about 1'o clock in village Kushwaha Nagar, within P. S. Kalyanpur, D...
Arvind Nath, Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-09-2004
Reported in: 2005(1)AWC483
1. By the impugned order dated 26th September, 2003 [Annexure-1] the State Government in exercise of powers conferred under Section 6(3) of theU.P. Water Supply Sewerage Act, 1975 cancelled the order dated 26.7.2002 by means of which the State Government took a policy decision of fixing threeyears tenure for the post of Managing Director of U.P. Jal Nigam with effectfrom the date of its publication in the official Gazette. On the same day i.e.26.9.2003 the Secretary to the Government in Urban Development issued an order [Annexure-2] communicating the Chairman of the U.P. Jal Nigam and other authorities that period of three years fixed for the post of ManagingDirector has been cancelled and in the process the petitioner is relieved fromthe post of Managing Director of U.P. Jal Nigam with immediate effect. On thevery same day i.e. 26.9.2003, the Chairman of the U.P. Jal Nigam issued anoffice memorandum [Annexure-3] mentioning therein that the petitioner hasbeen relieved from the post of ...
Smt. Padma Tandon Vs. District Judge and ors.
Court: Allahabad
Decided on: Sep-09-2004
Reported in: 2005(1)AWC237
Anjani Kumar, J.1. These two writ petitions under Article 226 of the Constitution of India one filed by the landlord and another by the tenant arising out of the following set of facts.2. It is admitted fact that petitioner in Civil Misc. Writ Petition No. 6779 of 1995 is the landlord and the petitioner No. 2 in Civil Misc. Writ Petition No. 11406 of 1995 is the tenant and since both have challenged the same judgment arising out of same set of facts, they are being decided by this common judgment.3. Heard learned counsel appearing on behalf of the parties.4. The facts as emerged from the pleadings of the writ petitions are that on 16th January, 1979. the landlord moved an application under Section 21 (8) of the U.P. Act No. 13 of 1972 in short the 'Act' for enhancement of rent of the premises in question from Rs. 379 per month to Rs. 30,302 per month. The Rent Control and Eviction Officer exercising the powers of the District Magistrate under the Act, rejected the application for enhan...
Mahesh Bahadur Saxena Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-09-2004
Reported in: 2005(1)AWC263
Tarun Agarwala, J.1. The plaintiff was posted as a clerk in the office of the Regional Inspectress of Girls School at Bareilly in 1962. On 11.7.1966, the plaintiff placed a written note on the leave application of his brother by concealing material facts, which benefited his brother. In the month of August, 1966, the plaintiff applied to the Regional Inspectress of Girls Schools, Bareilly, for his transfer to the Government Girls Junior Training College at Chandpur in order to secure a higher educational degree. The Regional Inspectress of Girls Schools, Bareilly granted permission to the plaintiff to attend B. A. classes and also transferred him to Chandpur by order dated 2.9.1966. On 5.9.1966, the Regional Inspectress of Girls Schools, Bareilly came to know about the leave episode and gave a notice to the plaintiff that he had ignored the departmental orders and that the plaintiff deliberately did not place the departmental orders in order to give undue benefit to his brother. The Re...
- ‹ Prev
- 10
- 11
- 12
- 13
- 14
- 16
- 17
- 18
- 19
- 20
- Next ›
- Last »