Allahabad Court September 2004 Judgments
Smt. Vidyawati Chhabra and ors. Vs. Xith A.D.J. and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: 2005(1)AWC192
S.U. Khan, J.1. The first writ petition has been filed by defendants IInd set, widow, sons and daughters of alleged joint tenant Trilok Nath Chhabra and the second writ petition has been filed by Haveli Ram, the tenant.2. These writ petitions arise out of suit for eviction filed by landlord-respondent Sundar Lal Bhatia (since deceased and survived by legal representatives) in the form of SCC Suit No. 354 of 1979. In the plaint of the suit it was stated that Haveli Ram was tenant of two shops on behalf of the landlord on monthly rent of Rs. 80 and that one of the two shops had been sub-let by him to Som Nath and Gulshan Kumar who were proprietors/partners of M/s. Vijai Rickshaw Company without the consent of the landlord and District Magistrate. In the plaint the solitary defendant tenant was described as 'Haveli Ram adult son of not known proprietor M/s. Nanak Rickshaw Stores 110/182, Ram Krishna Nagar, Kanpur.' In the suit an application was filed by Smt. Vidyawati Chhabra and her son...
Tag this Judgment!Smt. Tabassum Gazala Vs. Amit Garg and anr.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: 2005(1)ARC372; 2005(1)AWC276
Umeshwar Pandey, J.1. In this First Appeal from order, the judgment under challenge is an interim order dated 27.8.2004 passed by the Civil Judge (Sr. Division), Allahabad by which the Court below has restrained the appellant-defendant from carving out plots in the disputed land and from transferring it to the prospective purchasers through sale and thus from dispossessing the plaintiffs from the property.2. In the factual background of the disputes between the parties in the present declaratory suit the subject-matter is one Bungalow No. 11, Kanpur Road, Allahabad which happens to be a 'Nazool' property initially given to Smt. Sehar Bano on lease of 90 years. She being the owner of the lease hold rights in the property, had contracted on 20.6.1976 with one Mahesh Chandra Gupta to transfer those rights in the property for a consideration of Rs. 1,00,000/- to a person nominated by him. She had also received a sum of Rs. 50,000/- as earnest money. In pursuance to this agreement of sale o...
Tag this Judgment!Brij Raj Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: 2005(1)AWC83
S.U. Khan, J.1. The dispute in the instant writ petition relates to fisheries lease in respect of pond comprised in plot No. 349 area 0.9293 hectares situate in village Barauli Sultan Singh, Tahsil Zakhaniya, district Ghazipur.2. After advertisement in daily Hindi Newspaper Amar Ujala auction was held on 23.7.2004 in which petitioner's bid of Rs. 19,000 for ten years was highest. On the same date petitioner deposited one-fourth of the amount, i.e., Rs. 4,750. Thereafter Land Management Committee passed resolution on 1.7.2004 for cancellation of the aforesaid auction and for grant of lease to respondent No. 5 Sri Ram. Naib Tahsildar gave a report on 5.8.2004, copy of which is Annexure-S.A. 1 to the supplementary affidavit in which it was mentioned that according to the resolution of Land Management Committee dated 1.7.2004 fisheries lease was proposed to be given to respondent No. 5 Sri Ram on a premium of Rs. 1,000 per year, however, respondent No. 5 was ready to take the fisheries lea...
Tag this Judgment!Gram Panchayat and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: 2005(1)AWC275
ORDERM. Katju, A.C.J. and Sunil Ambwani, J.1. Heard learned counsel for the petitioners and the learned standing counsel.2. The petitioners have challenged the impugned Government order dated 18.7.2002 (Annexure-3 to the petition). It appears that a Gazette notification dated 6.11.2001 was published in the U. P. Gazette under Section 3(2) of the U. P. Municipalities Act, 1916 read with Article 243O of the Constitution proposing to include the areas of the petitioner's Gram Panchayats in Nagar Panchayat Mohammadabad, Gohna, District Mau. A true copy of the Gazette notification dated 6.11.2001 is Annexure-1 to the petition.3. The short point pressed by the learned counsel for the petitioners is that in this notification dated 6.11.2001 it is stated that objections may be filed by 2.11.2001. Learned counsel for the petitioners submitted that obviously the petitioners could not file any objection by 2.11.2001 when the gazette notification is dated 6.11.2001.4. In our opinion, it is obvious...
Tag this Judgment!Sheetal Prakash Pastor Vs. Director of Education and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: (2005)1UPLBEC678
R.B. Misra, J.1. Heard Sri R.P. Tiwari, learned Counsel for the petitioner, and Sri S. P. Singh and Sri Mohan Yadav, learned Standing Counsels for the State respondents.2. In this petition prayer has been made for issuance of writ of mandamus directing the respondent Nos. 1, 2 and 3 i.e. Director of Education, Lucknow; Deputy Director of Education, Jhansi Region, Jhansi and District Inspector of Schools, Jhansi, to appoint the, petitioner to the post of General Teacher in Tyagmurit Atmaram Govind Khair Inter College, Gurusarai Jhansi (hereinafter in short called as 'College') in place of respondent No. 5 and also for further direction to the respondents to cancel the appointment of the respondent No. 5. Further direction has been sought to the respondents to dispose of the representations of the petitioner.3. According to the petitioner, several vacancies of teachers were available in the above 'College', therefore, respondent No. 5 filed a Writ Petition No. 7454 of 1988 (Jagmohan Sale...
Tag this Judgment!Vasant Kumar Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: (2005)2UPLBEC1464
Arun Tandon, J.1. Heard Sri Surendara Kumar Misra, learned Counsel for the petitioners, Sri Neeraj Tewari, learned Counsel for the Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur and learned Standing Counsel for the State-respondent.2. Petitioners, who are 34 (thirty four) in number have filed this petition for a writ of mandamus directing the respondent No. 2, namely, Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur to declare the result of the petitioners of B.A.M.S. Examination of the Year 2002 and further to permit the petitioner to pursue their studies of the B.A.M.S. 2nd year Professional Course without any hindrance.3. The petitioners claim to be admitted to B.A.M.S. Profession course for the academic year 2001-02 in pursuance of the notification published in newspaper in June, 2001 in Shame-e-Guasia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur. It is further stated that the said institution applied for affiliation with Chhatr...
Tag this Judgment!Satish Chandra Patairiya S/O Sri Ram Prakash Patairiya Vs. State of U. ...
Court: Allahabad
Decided on: Sep-29-2004
Reported in: [2005(105)FLR1092]
R.B. Misra, J.Heard Sri S. Sandilya and V. Sandilya, learned Counsels for the petitioner and Sri S.P. Singh and Sri Mohan Yadav, learned Standing Counsels for the State respondents.1. In this petition prayer has been made to quash the orders dated 18.06.1992, 20.07.1992 and 23.07.1992 passed by the respondent Nos. 1, 2 and 3 respectively,2. By order dated 18.06.1992 (Annexure-8 to the writ petition) the Director, Ayurvedic and Unani Services, U.P., Lucknow had issued a circular, whereby in view of Uttar Pradesh Ayurvedic and Unani (Clerical Cadre) Services Rules, 1991 the post of Junior Clerk was brought under the purview of U.P. Subordinate Services Selection Commission and thereby restrictions have been imposed in respect of adhoc appointment, as there is no provisions under the service rules for making adhoc appointment, therefore, in consonance to the provisions of Rules the appointment of the persons deployed on daily wages or on adhoc basis were to be dispensed with immediate eff...
Tag this Judgment!Sanjai Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2004
Reported in: 2005(3)AWC2724
Devi Prasad Singh, J.1. Heard the learned counsel for the parties.2. Petitioner's father (late) Sheo Kumar Singh was a head constable in the police department. On 2nd December, 1987, while working at Lakhimpur Kheri, when the father of the petitioner had left for District Raebareilly, his whereabouts could not be ascertained by the authorities. A Criminal Case No. 244 of 1987 under Section 302/207, I.P.C. was registered. The apprehension was that he was being killed by some assailants at that time. A charge-sheet was filed under Section 364, I.P.C. Thereafter, Superintendent of Police, Lakhimpur Kheri in compliance of the Government order dated 27.12.1989 declared the father of the petitioner (late) Sheo Kumar Singh as deed and informed the Government by his letter dated 2nd of June, 2001, copy of which has been filed as Annexure-10 to the writ petition.3. Wife of (late) Sri Sheo Kumar Singh has moved an application in July, 1995, with a statement that after lapse of 7 (seven) years of...
Tag this Judgment!Mohan Lal Vs. Girraj Kishor and ors.
Court: Allahabad
Decided on: Sep-28-2004
Reported in: 2005(1)AWC478
Anjani Kumar, J.1. The petitioner asserts that he is the tenant of the accommodation in dispute who aggrieved by the order dated 11.8.2004, passed by the revisional authority in Revision No. 7 of 1999 filed under Section 18 of the U. P. Act No. 13 of 1972, whereby the revisional authority dismissed the revision filed against the order dated 7.12.1999, passed by the prescribed authority whereby the prescribed authority has allowed the application filed by the respondent-landlord under Section 15 of U. P. Act No. 13 of 1972 read with Rules 9 and 16 (1) (b) approached this Court by means of this writ petition under Article 226 of the Constitution of India.2. The facts giving rise to the present writ petition are that the respondent-landlord on 10.8.1994, filed an application purported to be an application under Section 15 of the U. P. Act No. 13 of 1972 read with Rules 9 and 16 (1) (b) of the Rules framed thereunder with the allegation that the accommodation in dispute is in fact vacant a...
Tag this Judgment!Piyush Kumar Chaturvedi (Dr.) Vs. Special Judge (S.C.S.T. Act) and anr ...
Court: Allahabad
Decided on: Sep-28-2004
Reported in: 2005(1)ARC17; 2005(2)AWC1784
Kamal Kishore, J.1. This is the writ petition under Article 27 of the Constitution of India for quashing the order dated 6.4.2004 passed by the opposite party No. 1, contained in Annexure-1 to the writ petition, setting aside the judgment dated 21.1.2004 passed by the learned Prescribed Authority.2. The petitioner preferred an application under Section 21 (i) (a) of the U.P. Rent Control Act, 13 of 1972 for vacation of the tenant (respondent, Sri Deepak Bhatnagar) from the premises in question situate at 289/121, Moti Nagar, Lucknow, of which the petitioner is an absolute owner. The tenancy had originally been granted to the father of the respondent, Sri Deepak Bhatnagar on a monthly rent of Rs. 110/- and upon death of the original tenant, first the mother of the respondent became the tenant and after her death the respondent himself came to occupy a portion of the premises consisting of 2 rooms one store-room, verandah, kitchen, latrine and bathroom. Presently the respondent No. 2 is ...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »