Allahabad Court November 2005 Judgments
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Digvijay Singh Son of Late Shri Ram Chandra Singh Verma, Senior Branch ...
Court: Allahabad
Decided on: Nov-30-2005
Reported in: 2006(2)AWC1501
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner was initially appointed as Temporary Clerk in Zila Sahkari Bank at Meerut on 9.6.1967. Though no contract has been filed along with the writ petition, yet averments have been made that the respondents society had entered into contract with the petitioner whereby he became entitled to be retained in service. The contract is said to have been entered into prior to the commencement of the U.P. Co-operative Societies Employees Service Regulations, 1975.3. The petitioner moved an application dated 29.10.2003 stating that though he was entitled to be retained in service up to the age of 60 years, he on his own accord, wants to take voluntary retirement at the age of 58 years and which he will complete on 15.1.2004, as such necessary formalities may be completed for payment of his legal dues on the date of his retirement. The Bank vide letter dated 31.12.2003 informed the petitioner that his application...
Chandra Kishore Dikshit Son of Sri Kewal Krishna Dikshit Alias Babu Ra ...
Court: Allahabad
Decided on: Nov-30-2005
Reported in: AIR2006All86
Sunil Ambwani, J.1. This Testamentary Suit was filed on 26.7.1988, as Testamentary Case No. 10 of 1988 by Sri Chandra Kishore Dixit, S/o Sri Kewal Krishna Dixit, for grant of 'Letters of Administration' with a copy of will, in the matter of credits and assets of late Sri Shambhu Dayalu Shashtri, S/o Sri Har Dayalu, resident of Anand Kuteer Tundla, Tehsil Itmatpur, Tundlla, district Agra, with the averments that the deceased, testator, the maternal grand father of the petitioner died on 22.5.1947 leaving behind a will dated 12.4.1947 of his entire properties to him, at his residence at Tundla. The will was attested by two witnesses namely Shri Anand Behari Lal and Shri Gaya Prasad Sharma. Both the witnesses are not alive. The original will was kept at Anand Kuteer', Tundla with petitioner's father Sri Kewal Krishna Dixit. However, after his death petitioner's brother Shri Sukh Swroop Anand Dixit, (the caveator/objector/defendant) had removed the original will by breaking the lock of the...
Kamlesh Singh S/O Shiv Dayal Singh (In Jail) Vs. State
Court: Allahabad
Decided on: Nov-30-2005
Reported in: 2006CriLJ1048
Mukteshwar Prasad, J.1. This criminal appeal by the accused has been filed against the judgment and order-dated 29.7.1981 passed by Sri K.S. Dubey, the then Additional Sessions Judge, Kanpur in S.T. No. 171/M of 1981 whereby he convicted the appellant under Section 326 of the Penal Code and sentenced him to suffer rigorous imprisonment for a term of five years.2. Briefly stated, the facts of the prosecution case were as under:An F.I.R was lodged on 17.9.80 at 00,40 A.M. at Police Station Raipurwa, Kanpur by late Satya Narain, son of Ambika Prasad The informant alleged in his report that he resided in House No. 86/9 Deputy Ka Parao, Kanpur as a tenant. P.W.2 Raj Dev Lal, uncle of the informant, also lived in the same house. The appellant is brother-in-law (Behnoi) of Pritam Singh who was also a tenant in House No. 86/9 Deputy Ka Parao and the appellant also lived alongwith his brother-in-law and thus, parties were well known to each other.3. On 16.9.80 at about 11.15 P.M., Satya Narain ...
Pradeep Kumar Vidyarthi Son of Sri M.K. Vidyarthi Vs. State of U.P. an ...
Court: Allahabad
Decided on: Nov-30-2005
Reported in: I(2007)BC415
Amar Saran, J.1. This case has been taken up in the revised list. I have heard Sri Samit Gopal, learned counsel for the applicant. Sri A.K. Singh, who has filed his appearance slip on behalf of opposite party no. 2, is not present, nor has any counter affidavit been filed on his behalf.2. This application has been filed for quashing criminal proceedings under Section 138 of the Negotiable Instruments Act, 1981, pending before the Spl. CJM, Kanpur Nagar, in Complaint Case no. 131 of 2001: Neeraj Chopra v. P.K. Vidyarthi. The application has been pressed on a short point that the cheque was presented before the drawer's bank after the expiry of 6 months from the date on which it was drawn although it was presented before the collecting bank within a period of 6 months. Reliance was placed on a decision of the apex Court reported in 2001 (42) ACC 651: Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. in support of the proposition that the relevant bank where the cheque should be present...
In Re: J.K. Satoh Agricultural Machines Ltd.
Court: Allahabad
Decided on: Nov-30-2005
Reported in: [2007]138CompCas955(All); (2006)5CompLJ102(All)
Sunil Ambwani, J.1. The Company Application No. 2 of 1990 dated 31.1.1990 was registered, on a recommendation made by Board for Industrial and Financial Reconstruction (BIFR) under Section 20(1) of the Sick Industrial Companies (Special Provisions)'Act 1985 (in short, the Act) to wind up M/S J.K. Satoh Agricultural Machines. Ltd. (JKSAML)-the company. The reference order is under challenge by the company in Writ Petition No. 5929 of 1990, and by J.K. Synthetics Ltd. (JKSL), the holding company, in Writ Petition No. 10976 of 1990.2. 1 have heard Sri V.B. Upadhyaya, Senior Advocate and Sri Bharat Ji Agarwal, Senior Advocate assisted by Sri Piyush Agarwal for petitioners in both the writ petitions and as well as the company application.3. Sri V.B. Upadhyay, Senior Counsel made a prayer that instead of winding up JKSAML, the Company on the recommendation of BIFR, the Court in the facts and circumstances of the case, may exercise its powers under Section 481 of the Companies Act 1956 and di...
Gopi Chand Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Nov-30-2005
Reported in: 2006(2)AWC1231
Vikram Nath, J. 1. This writ petition has been filed by the tenant for quashing the order dated 14.9.2004, passed by Additional District Judge, Kanpur (Annexure-9 to the petition) whereby application for restoration of appeal as well as condonation of delay has been rejected.2. The landlord-respondent filed an application under Section 21(1)(b) of U.P. Act No. 13 of 1972 which was registered as Rent Case No. 14 of 1993. After giving opportunity to the parties the prescribed authority vide judgment dated 19.8.1996 allowed the application. Against the said judgment the tenant filed an appeal which was registered as Rent Appeal No. 136 of 1996. It appears that 29.5.2001, was the date fixed in the appeal. On the said date the son of the appellant (tenant) went to attend the case and on the said date the appeal was decided in terms of compromise/undertaking alleged to have been furnished by the appellant. Thereafter the appellant contacted his counsel and wanted to find out further developm...
Lalta Prasad (Since Deceased and Survived by Legal Representative) Vs. ...
Court: Allahabad
Decided on: Nov-29-2005
Reported in: 2006(2)AWC1196
S.M. Khan, J. 1. Lalta Prasad the original landlord petitioner since deceased and survived by legal representatives instituted eviction suit against tenant respondent No. 3, Dr Pramod Jain before JSCC / I Munsif, Bulandshahr in the form of SCC suit No. 13 of 1979. Building in dispute is a garage of which respondent No. 3 is the tenant. In the plaint, it was stated that building in dispute was constructed in the year 1970-71 hence U.P Act No. 13 of 1972 was not applicable thereupon (by virtue of Section 2(2) of the Act, the Act is not applicable for a period of 10 years from the date of construction of a building, if it was constructed prior to April 1985). The tenant filed written statement and denied the allegation of the landlord in respect of date of construction. Tenant asserted that building was more than 10 years on the date of filing of the suit hence U.P Act No. 13 of 1972 was applicable thereupon. During the pendency of suit tenant filed an application on 2.5.1980 to the effec...
Rakesh Kumar Srivastava Son of Sri S. Lal Vs. Manager Dugh Utpadak Sah ...
Court: Allahabad
Decided on: Nov-29-2005
Reported in: 2006(2)AWC1230
Rakesh Tiwari, J.1. Heard Sri Prakash Padia counsel for the petitioner; Sri G.D. Misra, counsel for the respondents and perused the record.2. Sri Padia, counsel for the petitioner states that he was granted time to file rejoinder affidavit and he communicate the same to his client but has received no response as such, no rejoinder affidavit could be filed. In view of this statement of Sri Padia, the case is being decided on merits, at the admission stage, with the consent of counsel for the parties.3. Counsel for the petitioner submits that the petitioner was initially appointed on 31.3.1994 on contract basis for a period of one year on the post of Dughdbshala Prabhari on fixed salary of Rs. 1800/-. There after, he was appointed from time to time on different posts on contract basis. He was not permitted to work w.e.f. 5.7.2004. The petitioner moved representations but no heed was paid and hence this petition. 4. Counsel for the respondents submits that It appears from record that sinc...
Mahesh Prasad Gupta Son of Rama Shanker Gupta Vs. Northern Railway Pri ...
Court: Allahabad
Decided on: Nov-29-2005
Reported in: [2006(108)FLR962]
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. The petitioner claims that he was appointed as a Class IV employee on 29.4.1988 in the Northern Railway Primary Co-operative Bank Ltd., Lucknow which is a Co-operative Society registered under the U.P. Co-operative Societies Act, 1965 and conies within the purview of the U.P. Co-operative Institutional Service Board. The Board has framed rules under the Act known as the U.P. Co-operative Employees Service Regulations, 1975 (hereinafter referred to as the Regulations).3. The petitioner was posted at Moradabad Branch of the respondent-Bank. It is claimed that he possesses the Sahitya Ratna degree and is fully eligible for promotion to Class III post.4. From a perusal of the record it appears that Regulation 27 of the Regulations prescribes that 25% of posts in Category I, 50% of posts in Category II and 85% of posts in Category III are to be held by persons recruited directly and the remaining posts in th...
Jagdish and ors. Vs. Shaukeen and ors.
Court: Allahabad
Decided on: Nov-29-2005
Reported in: 2006(2)AWC1523
ORDERJanardan Sahai, J.1. Proceedings under Section 198 (4) of the U. P. Zamlndari Abolition and Land Reforms Act were initiated against the petitioners. The application of the complainant was rejected by the order dated 24.4.03, passed by the Additional Collector (Finance and Revenue), Ghaziabad. Against that order the complainant filed a revision which has been allowed by the order dated 10.10.2005, passed by the Additional Commissioner, Meerut Division, Meerut and the pattas of the petitioners have been cancelled. Reliance has been placed by the revisional court upon the affidavits of eight members of the Land Management Committee that their signatures were obtained on blank papers on which the resolution was subsequently prepared. The resolution for allotting the land passed by the Land Management Committee dated 21.7.2002 was therefore forged. It is conceded that there were only 13 members of the Land Management Committee. The finding is based upon material. It cannot be said that...
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