Allahabad Court December 2005 Judgments
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Anil Kumar Dixit Vs. Smt. Maya Tripathi and anr.
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006(1)AWC649
S.U. Khan, J.1. This writ petition has been filed by the sitting tenant and is directed against order dated 6.10.2003, passed by Rent Control and Eviction Officer/A.C.M. (I), Kanpur Nagar in Case No. 24 of 2002, Pramod Kumar Tripathi v. Maya Tripathi. Through the said order shop in dispute situate in House No. 127/411B, Juhi, Baradevi Kanpur, has been declared to be vacant. Initially one Raman Singh was owner of the premises in dispute who sold the same through registered sale deed dated 3.9.2001 to Shrimati Maya Tripathi, respondent No. 1. Proceedings before Rent Control and Eviction Officer were initiated on the allotment application of respondent No. 2 Pramod Kumar Tripathi. In the allotment application it was stated that petitioner had been let out the shop in dispute in the year 1989 by the previous owner landlord without any allotment order, hence it was vacant. Allotment application was filed in the year 2002, i.e., after about 13 years from the date of letting out. Landlady res...
Rajender Kumar Sharma Vs. Iind A.D.J. and ors.
Court: Allahabad
Decided on: Dec-05-2005
Reported in: 2006(1)AWC389
S.U. Khan, J.1. This is tenant's writ petition arising out of Suit for eviction filed by landlord-respondent No. 3 Janki Prasad in the form of Suit (S.C.C. suit) No. 54 of 1987 on the file of J.S.C.C., Moradabad. Eviction was sought on the ground of default and decree for recovery of arrears of rent was also prayed for. The suit was decreed for eviction as well as recovery of arrears of rent through judgment and decree dated 11.10.1988. Tenant-petitioner filed S.C.C. Revision No. 74 of 1988 against the said judgment and decree, IInd A.D.J., Moradabad through judgment and order dated 8.11.1989 dismissed the revision hence this writ petition.2. Property in dispute is a quarter situate in Ashok Nagar, Moradabad. It was allotted to the petitioner in the year 1953 and in the allotment order Hemraj real brother of plaintiff Janki Prasad was shown to be the landlord. Initially rate of rent was Rs. 10 per month. In the plaint it was stated that since 1972 rent had been enhanced to Rs. 15.62 by...
Committee of Management of Janta Inter College, through It's Manager S ...
Court: Allahabad
Decided on: Dec-02-2005
Reported in: 2006(1)AWC129
Vineet Saran, J.1. The dispute in the present writ petition is with regard to the election of the Committee of Management of Janta Inter College, Bargawa Kuba, district Mirzapur. Briefly, the facts relevant for the decision of this case are that the Janta Inter College is a recognized Intermediate College and is receiving grant-in-aid from the State Government. In the year 1995, the elections of the Committee of Management were held in which petitioner No. 2, Mast Ram Singh was elected as Manager and his signatures were duly attested by the District Inspector of Schools on 9.1.1996. On completion of the term of three years, fresh elections were held on 21.6.1998 in which the petitioner No. 2 was again elected as Manager and his signatures were duly attested thereafter. The dispute in this writ petition is with regard to elections after completion of the term of three years from 1998.2. The case of the petitioner is that the fresh elections were held on 24.6.2001, in which the petitione...
Khacher Mal Son of Late Shri Chppan Lal and Rakesh Son of Shri Khacer ...
Court: Allahabad
Decided on: Dec-02-2005
Reported in: 2006CriLJ714
G.P. Srivastava, J.1. Heard learned Counsel for the parties.2. Learned Counsel for the appellant Rakesh has argued that there is no allegation of demand of dowry and the prosecution case shows that the appellant demanded Rs, 50,000/- to be deposited in fixed deposit for marriage of one of his daughter In fact this demand conies within the definition of dowry as it has been raised after the marriage. It is irrelevant that the money was to be deposited in fixed deposit for marriage of one of the daughter of the appellant though it was the responsibility of the appellant to marry his daughter and not the responsibility of the parents of the deceased wife.3. In this case the accusation is that within seven years of the marriage unnatural death taken place of the deceased wife in the house of the husband appellant who tortured soon before her death on the demand of dowry. I am not inclined to grant bail to appellant Rakesh, The prayer of bail is refused....
Dori Lal Son of Sri Dal Chand Vs. State of U.P. Through Secretary, Min ...
Court: Allahabad
Decided on: Dec-02-2005
Reported in: 2006(2)AWC1637
Vineet Saran, J.1. The petitioner was granted a license for running a fair price shop. By an order dated 23.2.2004 passed by the Deputy Collector, Swar, District Rampur, the license on the petitioner was placed under suspension. Thereafter on 1.3.2004, the Deputy Collector cancelled the license of the petitioner on the basis of a resolution passed by the Village Panchayat on 28.2.2004. Aggrieved by the said orders, the petitioner filed an appeal which has also been dismissed on 6.12.2004 by the Assistant Commissioner (Food), Moradabad Division, Moradabad. The petitioner has, thus, filed this writ petition challenging the orders dated 23.2.2004 and 1.3.2004 passed by Respondent No. 3 as well as the order dated 6.12.2004 passed in appeal by Respondent No. 2 and has also prayed for a direction in the nature of mandamus commanding the respondents to instate the supply of quota of essential commodities of fair price shop of the petitioner.2. I have heard Sri Dinesh Pathak, learned Counsel f...
Shanti Prasad Singh Son of Ram Chandra Singh, Assistant Teacher, Sarda ...
Court: Allahabad
Decided on: Dec-02-2005
Reported in: 2006(3)AWC2712
S. Rafat Alam and Ashok Bhushan, JJ.1. We have heard Sri R.K. Ojha, learned Counsel for the appellant, Sri Prakash Padia appearing for respondent No. 4 and learned standing Counsel.2. This appeal has been filed against the judgment dated 19th December, 2003 passed by Hon'ble Mr. Justice Janardan Sahai dismissing the writ petition filed by the appellant.3. Brief facts necessary for deciding the controversy raised in the appeal are; the appellant was appointed as L.T. Grade teacher in Sardar Patel Inter College, Sikora, Koraon, district Allahabad. There are five sanctioned posts of lecturer in the college. One Doodh Nath Verma, lecturer History retired on 30th June, 2000 causing a substantive vacancy with effect from 1st July, 2000. The appellant claimed his promotion on the post of lecturer History alleging that the said vacancy falls under 50% promotion quota. Grievance of the appellant was that respondent No. 4, Awadhesh Kumar Singh, who was working as lecturer in another college at S...
Chandra Shekhar Vs. J.P. Rajpoot and ors.
Court: Allahabad
Decided on: Dec-02-2005
Reported in: 2006(3)AWC2904
S. Rafat Alam and Sudhir Agarwal, JJ.1. This special appeal is preferred against the Judgment and order of the Hon'ble single Judge dated 28.10.2005 dismissing Contempt Petition No. 3194 of 2004 filed by the appellant.2. Learned Counsel for the appellant submitted that the contempt petition of the appellant has wrongly been rejected by the Hon'ble single Judge on the ground that the earlier contempt petition having already been dismissed finding that no case for contempt is made out, since no specific direction has been issued by the writ court, second contempt petition without any change in the circumstances, in respect to the same order of the Court, is liable to be rejected.3. However, the Court prima facie found that the appeal under Chapter VIII, Rule 5 of the Rules of the Court itself is not maintainable. Shri Yogesh Kumar Saxena, learned Counsel for the appellant placed reliance on a Division Bench judgment of this Court in the case of A.P. Verma, Principal Secretary, Medical He...
Smt. Phool Sakhi Vs. Ram Sakal Singh and ors.
Court: Allahabad
Decided on: Dec-02-2005
Reported in: AIR2006All176
ORDERS.P. Mehrotra, J.1. The present Second Appeal was filed by Smt. Phool Sakhi Devi (plaintiff-appellant) against the judgment and decree dated March 7, 1981 passed by the learned Civil Judge, Ballia (Lower Appellate Court) whereby he confirmed the Judgment and decree dated 1-6-1974 passed by the learned Additional Munsif, Ballia (Trial Court), is Suit No. 254 of 1970.2. It appears that the said Smt. Phool Sakhi Devi (plaintiff-appellant) filed a Suit being suit No. 245 of 1970 against Ram Sakal Singh (defendant-respondent No. 1) and Harsh Narain (defendant-respondent No. 2) as defendants Nos. 1 and 2, respectively in the said Suit,3. It may be mentioned at the outset that the said Smt. Phool Sakhi Devi (plaintiff-appellant) expired during the pendency of the present Second Appeal, and she was substituted by her heirs and legal representatives, namely, Smt. Sushila Srivastava and three others (plaintiffs-respondents Nos. 1/ 1, 1/2, 1/3 and 1/4, respectively).3. It is further relevant...
Smt. Noor Jahan Widow of Nazir Ahmad and ors. Vs. Prescribed Authority ...
Court: Allahabad
Decided on: Dec-01-2005
Reported in: 2006(2)AWC1201
S.U. Khan, J.1. Landlady Smt. Sarla Goyal - respondent No. 2 filed three release applications against her three tenants under Section 21(1)(b) of UP. Act No. 13 of 1972. In the said applications release of the shops in the occupation of the tenants was sought on the ground that the shops were in dilapidated condition. Applications were filed against Nazir Ahmad since deceased and survived by the petitioners, Kundan Lal Sahai and Abdul Rahim. The applications were registered as P.A. case No. 190, 191 and 192 of 1974 on the file of Prescribed Authority, Meerut. In all the three cases tenants agreed to vacate the shops provided the landlady reconstructed them. Accordingly all the three release applications were allowed on 27.8.1976 with the direction that landlady should give one month's notice to the tenants to vacate the shops and within sixty days from taking possession of the shops landlady should reconstruct and deliver possession of the newly constructed shops to the tenants. The sa...
Sri Pancham Singh Son of Late Shri Birbal Singh and ors. Vs. the Iiird ...
Court: Allahabad
Decided on: Dec-01-2005
Reported in: 2006(1)AWC521
S.U. Khan, J.1. This is tenants' writ petition arising out of proceedings of release under Section 21(1)(b) of U.P. Act No. 13 of 1972 initiated by landlord respondent No. 3, Pandit Rama Shanker Misra Trust, Rawat Bara, Agra against petitioners No. 1 and 2 (both the petitioners have died and have been substituted by their legal representatives). Release application was registered as P.A Case No. 77 of 1977. Building in dispute is situate at 104-A Mahatma Gandhi Road, Agra Cantt and rent of which is Rs. 15 and paisa 63. Accommodation in dispute consists of four big rooms, one store, two Verandahs and open peace of land. Total area of the land was initially about 28500 square meters however according to learned counsel for the tenant petitioner, about 7000 square meters of land was surrendered in January 1977. Still the total area in possession of the tenant is about 21000 square meters. The area of the land covered by constructed portion is only about 300 square meters. In the release a...
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