Allahabad Court December 2005 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.
Sushil Singh a/O Uday Nath Singh Vs. Shree Parbhu NaraIn Yadav Son of ...
Court: Allahabad
Decided on: Dec-23-2005
Reported in: AIR2006All187
Sunil Ambwani, J.1. This election petition filed by Sri Sushil Singh in person before Registrar General of the Court on 6.2.2002 challenges the election of Shri Prabhu Narayan Yadav, for Member of the Legislative Assembly, U.P. of constituency No. 221 Dhanapur, District Chandauli. The petitioner has prayed for declaring the election of Shri Prabhu Narayan Yadav-Respondent No. 1 as illegal; to conduct re-polling at Booth No. 291 and 292; to direct the respondents to recount the votes and to declare the petitioner as duly elected.2. The averments in the election petition filed under Section 80 of the Representation of Peoples Act 1951 are that by a notification dated 26.12.2001 the elections of the Uttar Pradesh Legislative Assembly were declared. The programme 'of election included the beginning of nominations on 16.1.2002; close of nominations on 23.1.2002; scrutiny of nominations on 24.1.2002 and withdrawal of the nominations paper on 28.1.2002. The polling was fixed on 21.2.2001, and...
Surya Deo Mishra Son of Awadh Kishore Mishra Vs. the State of U.P. Thr ...
Court: Allahabad
Decided on: Dec-23-2005
Reported in: (2006)IILLJ583All
Devendra Pratap Singh, J.1. An important issue, which is often confronting courts, falls for determination by this Full Bench. An employee, continues in service beyond the superannuation age of 58 years on the strength of an interim order, is fastened with deduction of the amounts paid as salary from his retiral benefits on the dismissal of the writ petition as infructuous.2. A learned Single Judge of this Court was confronted with the decisions of the Apex Court in the case of State of U.P. v. Harendra Kunwar 1995 A.L.J. 1603 and State of J&K; v. Pirzada Ghulam Nabi (1998) 8 SCC 102 where it was held that an incumbent who has continued in service beyond the age of superannuation on the strength of an interim order, may not be entitled to retain or receive salary in case the writ petition is ultimately dismissed either on merits or as infructuous. And the contrary view also of the Apex Court in the case of Collector of Madras and Anr. v. K.M. Rajamanikkan : (1995)IILLJ677SC and Burn St...
Buddhi Ram and Ram Kishun Sons of Ramdeo Vs. U.P. Sanchalak and ors.
Court: Allahabad
Decided on: Dec-23-2005
Reported in: 2006(3)AWC2740
Krishna Murari, J.1. Heard Sri T.N. Tiwari, learned counsel for the petitions and Sri Namwar Singh, learned counsel for contesting respondents.2. Before the consolidation authorities, the dispute between the parties was with regard to plot no. 177/229-A, 177/229-B, 177, 178 and 220. In the basic year the said plots were recorded in the name or Ram Deo, the father of the present petitioners. Respondent nos. 4 to 12 filed objection under Section 9A(2) of the U.P. Consolidation of Holdings Act (for short 'the Act') claiming co-tenancy rights on the basis that the plots were ancestral and they are entitled to share therein according to the pedigree. The pedigree of the parties as set out in the judgment of the Consolidation Officer is as under:Gurdayal/----------------------------------------/ / /Ganga Prasad Tulsi Raghu Nath/ / /Ram Deo Sukh Nandan Bhagwan/ / /------------------ ----------------------------------- // / / / / / /Budhi Ram Ram Kishan Panna Shree Ram Sobhnanth Jawahir /(Peti...
Rajan Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-23-2005
Reported in: 2006CriLJ1416
M.C. Jain, J.1. The petitioner has challenged the detention order dated 21 -1-2005 passed against him by respondent No. 3- District Magistrate, Fatehpur under Section 3(2) of the National Security Act, 1980 and his continued detention thereunder.2. The grounds of detention are contained in Annexure-1 to the writ petition, The detention order is grounded on an incident which happened in between the night of 12/13th December 2004. At about 10 p.m. on 12.12.2004 S.I. Prabha Shankar Shukla of Police Station Manjhanpur, District Kaushambi with other police personnel and public witnesses, on a tip off, had reached Village Pur Buzurg, Police Station Asodhar, District Fatehpur in search of murder case accused - Mahendra Pal and Ors. at the house of Ram Naresh alias Ganesh, The door was knocked with the flashing of torch and the inmates of the house were given to understand that they were police personnel. Mahendra Pal was also inside the house of Ram Naresh @ Ganesh along with other inmates. S...
Diwakar Rai Son of Late Gorakh Rai Vs. the Deputy Director of Consolid ...
Court: Allahabad
Decided on: Dec-22-2005
Reported in: 2006(3)AWC2732
S.N. Srivastava, J.1. Impugned herein is the order dated 28.7.2005 passed by Deputy Director Consolidation whereby revision preferred by petitioner was dismissed and order dated 12.3.2003 and 19.10.2004 passed by Consolidation Officer and settlement Officer Consolidation respectively were lent affirmance.2. It would appear from the record that the dispute revolves round Chak no. 65 situated in village muzaffarpur Pargana Nizamabad Tahsil Sadar District Azamgarh of which Gorakh Rai, father of the parties was the recorded tenure holder. The disputants are three brothres namely, petitioner Diwakar Rai and respondents Vijay Bahadur Rai and Sudhakar Rai. The Asstt. Consolidation officer by means of order dated 8.7.1991 passed order by which all the three sons were pronounced successors of Gorakh Rai of the chak no. 65, and the said chak was partitioner to the extent 1/3 share each. There is no dispute in so far as shares of the contesting parties are concerned.3. The learned counsel for the...
Yashpal Lala Shiv NaraIn Vs. Allatala Tala Malik Waqf Ajakhan Mus
Court: Allahabad
Decided on: Dec-22-2005
Reported in: AIR2006All115
ORDERS.P. Mehrotra, J.1. The present Writ Petition has been filed by the petitioner (defendant) under Articles 226/227 of the Constitution of India, inter-alia, praying for quashing the judgment and order dated 26-10-2002 (Annexure 8 to the Writ Petition) passed by the learned Additional District Judge, Court No. 9, Moradabad in S.C.C. Revision No. 53 of 1998.2. The dispute relates to a shop situate in Bazar Gher Munaf, Amroha, District Moradabad, the details whereof are given in the plaint of the Suit referred to hereinafter. The said shop has, hereinafter, been referred to as 'the disputed shop'.3. From a perusal of the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent (plaintiff- landlord) filed a Suit for eviction, arrears of rent and damages etc. against the petitioner (defendant) in respect of the disputed shop.4. It was, inter-alia, alleged by the respondent (plaintiff-landlord) in the said Suit that the disputed shop was the property ...
Ashok Kumar Agarwal Son of Gokul Chandra and Sanjay Agarwal S/O Sri Sa ...
Court: Allahabad
Decided on: Dec-21-2005
Reported in: IV(2006)BC394
M.K. Mittal, J.1. Heard Sri Swapnil Kumar, learned counsel for the applicants, learned A.G.A. and perused the record.2. Brief facts of the case are that the complainant is carrying whole sale business of supply of Plastic Granules and the accused had the business of manufacturing of Plastic Pipes and sheets. They purchased Plastic Granules for Rs. 4,1 0,475 and gave a cheque No. NCCH 2119882 dated 29.7.1997 for this amount on behalf of the firm. The accused had given the assurance that the Cheque would be encased whenever it was presented but it was returned with bank memo dated 31.7.1997 with the endorsement 'funds insufficient'. Thereafter the complainant met the accused and informed about the dishonor of the cheque. The accused asked him to represent the cheque and also assured that it would be encased after the second week of October 1997. The Complainant again deposited the Cheque in October 1997 but the same was returned on 23.10.1997 with the remark 'not arranged for'. The chequ...
Ali Sher Vs. Mohd. Inam and ors.
Court: Allahabad
Decided on: Dec-20-2005
Reported in: 2006(1)AWC139
Anjani Kumar, J.1. By means of present application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs :It is, therefore, most respectfully prayed that this Hon'ble Court be graciously pleased to direct the Executing Court, Civil Judge, (Senior Division), Saharanpur, to execute the decree passed in Suit No. 192 of 1973 and upheld by the Apex Court without entertaining and deciding any application or objection filed after 5.5.2004, when the objections filed by the respondent Nos. 2 to 8 were finally rejected, and/or to pass such and further orders as this Hon'ble Court deems fit and proper in the circumstances of the case.2. The facts leading to the filing of the present application under article 227 of the Constitution of India are that the applicant-decree holder filed a suit being suit No. 192 of 1973 against the predecessor-in-interest of the respondent Nos. 2 to 6 for specific performance of the agreement dated 4th September, 1970 for ...
Jagdish Giri S/O Late Summer Giri Vs. State of U.P. Through Secretary ...
Court: Allahabad
Decided on: Dec-20-2005
Reported in: 2006(1)AWC395
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-plaintiff has challenged the order passed by the trial Court dated 17th February, 2004 and the order passed by the lower appellate Court dated 28th April, 2004, copies whereof are annexed as Annexure Nos. '1' and '2', respectively to the writ petition.2. Heard learned counsel appearing on behalf of the petitioner. 3. The brief facts of the present case are that the petitioner-plaintiff filed a suit praying for. grant of injunction restraining the respondent-defendant No. 4 from realising a sum of Rs. 1,93,000/-. The facts as narrated In the plaint of suit are as under :-That the plaintiff was the highest bidder in a public auction for right to realise Tehbazari on behalf of Nagar Panchayat concerned and his bid which was accepted by the Nagar Panchayat concern was for the Finanancial Year 2000-2001 .That the plaintiff has deposited Rs. l0,000/= as security money and also ...
Smt. Jameela Begum W/O Sri Shamim Ahmad and District Motor Operators A ...
Court: Allahabad
Decided on: Dec-20-2005
Reported in: II(2006)ACC780; AIR2006All144
B.S. Chauhan, J.1. The U.P. State Road Transport Corporation (hereinafter called the UPSRTC) has submitted the application for grant of Permanent Stage Carriage Permits on the routes, namely, Bulandshahr-Sikarpur-Shahaswan and allied routes, which includes (1) Bulandshahr Jahangirabad-Daulatpur-Ashar (2) Bulandshahr-Aroopshahar-Narora (3) Bulandshahr-Bhaisrauli-Saidpur (4) Bulandshahr-Kanpur-Via Lakhaoti (5) Khurja-Pahashu-Atrauli Via Rajghat (6) Khurja-Jewar-Tappal and (7) Bulandshahr-Syanagarh and the petitioners apprehend that the respondent no. 3 The Regional Transport Authority, Ghaziabad (hereinafter called the RTA) would grant the Permit to the UPSRTC, This petition has therefore been filed.2. Shri S.N. Jaiswal, learned Counsel appearing for the petitioners has submitted that the UPSRTC cannot apply, and nor can it be permitted to ply its vehicles on a route, which has not been notified under Chapter VI of the Motor Vehicles Act, 1988 (hereinafter called the Act). The RTA is goi...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- Next ›
- Last »