Allahabad Court December 2005 Judgments
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Ram Kishun Son of Sri Siddh Gopal, Vs. State of U.P.,
Court: Allahabad
Decided on: Dec-06-2005
Reported in: I(2006)DMC420
K.N. Ojha, J.1. Heard Sri Shamsher Singh, learned Counsel for the applicants, learned AGA and have gone through the record.2. Instant application has been moved by Ram Kishun, S/o Siddh Gopal, Siddh Gopal, Smt. Mithania, W/o Siddh Gopal and Ram Sanehi, all residents of Village Pailani Dera, police station Pailani, district Banda, Under Section 482 Code of Criminal Procedure (hereinafter referred to as the Code) to quash order dated 20.10.2005 passed by learned Additional Chief Judicial Magistrate, Court No. 10, Banda, whereby application moved by O.P. No. 3, Ram Kishore, under Section 156(3) of the Code was allowed and direction was made to the Station Officer, police station Jaspura to make investigation in the case crime No. C-5 of 2005 Under Section 498A, 304B I.P.C. police station Pailani, district Banda, and to submit report. The further request has been made to Stay the arrest of the applicants during pendency of the investigation.3. The fact of the case as disclosed from the rec...
In Re: Begum Shanti Tufail Ahmad Khan an Application for Grant of Prob ...
Court: Allahabad
Decided on: Dec-06-2005
Reported in: AIR2006All75
Sunil Ambwani, J.1. The plaintiff-Sri Jalaluddin son of Badruddin filed this testamentary case on 18.9.1997 for grant of probate with a copy of Will annexed thereto executed by the deceased -Begum Shanti Tufail Ahamad Khan wife of late Tufail Ahmad Khan, resident of 18-B Maharani Bagh, New Delhi, who died on 9.10.1976 leaving behind her alleged Will and Testament dated 23.5.1974 (wrongly mentioned in para 6, 7 and 10 as 23.5.1994). In para 11 of the plaint, it is alleged that she had handed over the Will to one Sri Yusuf Ali Khan son of Sri Kamaluddin Khan resident of 60 Jufarabad, Delhi who is also an attesting witness to the Will with instructions to hand it over to the applicant. The said Sri Yusuf Ali Khan in pursuant to instruction handed over the Will to the applicant on 15.7.1997 (after 23 years).2. In the Will (Paper No. A-3/16) the deceased claimed to be 60 years old and owner of properties in many cities of India, which she got from her husband, more particularly in Delhi, U....
Anil Kumar Vs. Smt. Kusum Kanaujiya
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006(1)AWC142
Poonam Srivastava, J.1. Heard Sri Pankaj Agarwal, learned Counsel for the petitioner and Sri P. N. Saxena, senior advocate, assisted by Sri Ravi Prakash Srivastava, counsel for the caveator/respondent.2. The petitioner claims to be owner of the House No. 2/2481 situated at Narayanpuri Gill Colony, Saharanpur. The right claimed by the petitioner is on the basis of Will dated 13.3.1985, executed by Jagdish Prasad Jain, father of the petitioner. A copy of the Will is annexed as Annexure-1 to the writ petition. On the basis of Will the petitioner inherited half of the property whereas other half was inherited by his brother Hans Kumar Jain. The disputed property, which was in the share of Hans Kumar Jain was let out to the defendant-respondent and subsequently, the property was sold to respondent. The present dispute relates to one room situated at the first floor of his House No. 2/2481. This room was constructed over the portion, which was sold to the defendant-respondent. The petitioner...
Sardar Awartar Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006CriLJ715
ORDERB.B. Agarwal, J.1. This petition under Section 482 Cr. P.C. has been moved to quash the criminal complaint no. 285 of 2005 filed by respondent no. 2 Narmada Prasad Sonkar alias Ramu under Sections 420, 406, 427, 323, 504, 506 I.P.C and Section 3(1)(X) S.C.S.T Act pending in the Court of Additional Chief Judicial Magistrate, Rae Bareilly, annexure no. 2 to the petition and also to quash the order dated 30.7.2005 passed by A.C.J. M. for summoning of the accused/petitioners under Sections 323, 504, 506, 427 and 406 I.P.C. and Section 3(1)(X) S.C and S.T. Act for trial in the aforesaid complaint annexure No. 1 to the petition.2. Heard Sri Amarjit Rakhra Advocate, representing the petitioners and Kunwar Mridul Rakesh from the side of respondent no.2.3. It appears that opposite party no.2 has filed a complaint against the petitioners for the offences punishable under Sections 420, 406, 427, 323, 504 and 506 I.P.C and 3(1)(X) S.C.S.T Act. It is alleged in the complaint that opposite part...
Jai Nand (D.) Through L.Rs. and ors. Vs. Surya Dev
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006(2)AWC1207
Sunil Ambwani, J. 1. This second appeal arises out of judgment and decree dated 16.2.1978 by which the 1st Additional Civil Judge, Meerut, dismissed Civil Appeal No. 265 of 1974 against the judgment and decree dated 30.9.1974 passed by Munsif Havali, Meerut in Original Suit No. 548 of 1962 decreeing the Suit for possession, future damages at the rate of Rs. 50 per month and Rs. 20 per month as damages from 1.11.1962 to 12.11.1962 with costs and to recover the damages after payment of court fees and execution. The issue of limitation was decided as issue No. 6 vide order dated 7.12.1970.2. This Court did not frame any substantial question of law at the time of admission of this Second Appeal on 27.2.1978. Learned Counsel for the appellant has filed an amendment application dated 14.1.2005, for adding 11 grounds as substantial question of law to be decided in this second appeal. Sri R. S. Misra, learned Counsel for the respondents has objected to the amendment at this stage. The applicat...
Awadhesh Kumar Tewari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006(74)AWC2719
ORDERPoonam Srivastava, J.1. The writ petition is beyond time by 190 days. The explanation for delay is given in paragraph No. 16 of the writ petition.2. Cause shown is sufficient. Laches in filing the writ petition is condoned.3. Heard Sri S.K. Pandey, learned Counsel appearing for the petitioner.4. The order dated 22.1.2005, passed by the Additional District Judge, Court No. 5, Farrukhabad, rejecting the restoration application filed by the petitioner is challenged. This application was filed for recalling an ex parte order dated 16.8.2004. The respondent No. 5 instituted an original suit in the Court of Civil Judge (Junior Division) Farrukhabad, claiming the relief of declaration and stating that he had continuously worked on the post of peon w.e.f. 1.11.1977 in Mohan Lal Shukla Adarsh Vidyalay, Farrukhabad and also withdrawn his salary up till 31.5.1983. The Original Suit No. 344 of 1999 was dismissed on 21.9.2001. The said judgment was challenged by the respondent No. 5 before the...
Harish Khurana Son of Shri Tilak Raj Khurana Vs. Prem Kumar and Satish ...
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006(1)AWC642
S.U. Khan, J.1. Civil Revision has been filed by tenant Harish Khurana against landlords Prem Kumar and Satish Kumar and is directed against judgment and decree dated 15.5.1995 passed by J.S.C.C. / Second A.D.J. Allahabad in S.C.C. Suit No. 15 of 1988 Prem Kumar and Anr. v. Harish Khurana. Through the said judgment and decree suit of landlords-opposite parties was decreed on the ground of sub-letting of the tenanted accommodation which is commercial in nature. Tenancy started with effect from 1.4.1977 through agreement of lease dated 14.5.1977. It was further alleged in the plaint of the suit that the tenant had sublet the premises to a Company M/S Khurana Auto Mobile Private Limited. It is admitted that the aforesaid Company consists of only tenant Harish Khurana and his wife Shrimati Usha Khurana and is a private limited Company. Apart from Harish Khurana and his wife Smt. Usha Khurana there is no other shareholder in the Company.2. The writ petition is directed against order dated 2...
Smt. Mahraji W/O Tukuroo and Ram Dular Son of Sri Balli Vs. the Deputy ...
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006(2)AWC1199
S.U. Khan, J.1. According to Sheo Baran respondent No. 2 (since deceased and survived by legal representatives), he and original petitioners were related to each other through the following pedigree: - Shiv Dutt /__________________________________________________/ / /Bali Baliraj Sukhraj/ / /Ram Dular Tukuroo Shiv Baran(Petitioner No .2) / (sic) Smt. Maharaji (petitioner No. 1)2. According to petitioners, Shiv Dutt had only two sons Bali and Baliraj. Sukhraj was not son of Shiv Dutt.3. Land in dispute was recorded in the names of petitioners or their ancestors since 1330 fasli. In consolidation proceedings, respondent No. 2 Shiv Baran filed objections claiming 1/3 share in agricultural land comprised in seven Khatas, three of village Lokapur and four of village Baspur. Respondent No. 2 on the basis of the above pedigree claimed that even though his name was never recorded in the revenue records however he being grandson of Shiv Dutt was entitled to 1/3 share in the land which initially...
Mawana Sugar Limited, a Company Duly Incorporated Under the Provisions ...
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006(2)AWC1215
R.K. Agrawal, J.1. Taxes, which one pays is a small price for civilisation. Various taxes imposed by the local self-Government, commonly known as municipal taxes, are meant for providing better civic amenities in the local area. The irony is that most of us do not want to pay taxes whether it is the general tax or the municipal tax, thus, affecting the development of our country. The moment there is a move to impose a new tax or more people are to be brought in the tax net, it meets with a stiff resistance at every level from all and sundry. Those who are well off and can afford, engage the services of the experts in the field to forestall such an attempt by adopting legal means. The foregone conclusion is that the imposition of new taxes or bringing more people in the tax net, whether it is general taxes or municipal taxes, gets delayed resulting in immense benefit to such persons. Some people even do not take a lesson from the failure of their attempt and it appears that the proverb ...
Mahadeo Son of Ram Dawar Vs. State of U.P.,
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006CriLJ1424
Amar Saran, J.1. I have heard learned counsel for the applicant, Sri T.B. Pandey, learned counsel for the opposite parties Nos. 2 to 4, Sri S.K. Dubey, and learned AGA and perused the record.2. An order dated 5.7.2004 passed by the Incharge Sessions Judge, Jaunpur, in criminal revision No. 104 of 2004 has been challenged in this case. By the aforesaid order the order passed by the ACJM V, Jaunpur, under Section 156(3) Cr.P.C. was set aside on the ground that the said order did not contain any reason whereas this was required by law. Learned counsel for both the parties have relied on a Full Bench decision of the Allahabad High Court, Ram Babu Gupta and Anr. v. State of U.P. and Ors. 2001 (43) ACC 50. They have referred to a judgment in that case given by Hon'ble Justice J.C. Gupta, J. Learned counsel for the applicant has relied on the following lines in paragraph 45:.Two courses are open to him. He may either take cognizance under Section 190 or may forward the complaint to the police...
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