Allahabad Court February 2005 Judgments
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Kishan (Shree) Vs. Additional District and Sessions Judge and ors.
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(1)ARC742; 2005(3)AWC2172
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner-tenant being aggrieved by the order passed by the prescribed authority and appellate authority under the provisions of U.P. Act No. 13 of 1972 (in short the 'Act') with the prayer for quashing of these two orders and also for rejection of the application filed by the respondent-landlord for the release of the accommodation in dispute under Section 21 (1) (a) of the Act.2. The brief facts leading to filing of the present writ petition are as under:3. That the petitioner is the tenant of the accommodation in dispute situated in the House No. 130/187, Colonelganj, Kanpur Nagar. The respondent-landlord filed an application under Section 21 (1) (a) of the Act with the allegation that the accommodation in dispute is in possession of the petitioner-tenant falling in the share of the respondent-landlord in a family partition and he is exclusive landlord of the accommodation in ...
Mata Prasad Jaiswal Vs. Ashish Kumar Shah and ors.
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(1)ARC784; 2005(3)AWC2157
Anjani Kumar, J.1. This writ petition, under Article 226 of the Constitution of India, challenges the order dated 3rd November, 2004 passed by the Additional District Judge, Court No. 11, Varanasi dismissing a revision filed by the petitioner and the order of the Rent Control and Eviction Officer, Varanasi dated 8th July 2003 (Annexure-8 to the writ petition) whereby the Rent Control and Eviction Officer has rejected the application filed by the petitioner for summoning Smt, Sudha Rani Jaiswal for cross-examination.2. The brief facts are that Smt. Sudha Rani Jaiswal was the owner and landlord of the shop in dispute, Smt. Sudha Rani Jaiswal subsequently transferred the building in which the accommodation in dispute is situated in favour of respondent No. 1, Ashish Kumar Shah. The disputed premises is a shop situate on the ground floor of House No. 47/1 Mohalla Katuapura, Visheshwarganj, Varanasi. The original owner and landlord was Sudha Rani Jaiswal and the original tenant was Satya Na...
Provisional Medical Service's Association and Anr. Vs. State of U.P. a ...
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(2)ESC975
1. Heard the learned Counsel for the petitioner as well as the State. Learned Counsel for the State submitted that in view of the proposed order, the filing of the counter-affidavit is not necessary, therefore, we proceeded to decide the matter finally with the consent of the parties' counsel.2. This petition has been filed by the Association namely; Provisional Medical Service's Association, challenging the clarification issued by the State Government and communicated to the Director General, Medical and Health Services vide letter dated 17th December, 2004 saying that in response to the letter of the Director General, Medical and Health Services dated 12.8.2004 it has been directed to inform that in the matter of posting of the Medical Officer except for the tenure of stay at a particular place, the rest of the transfer policy as enunciated in the Government order dated 3.6.2004 shall be complied with. However, paragraph 10 of the aforesaid Government order dated 3.6.2004 can only be...
Jagdamba Mani Tripathi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(2)AWC1391; 2005(2)ESC999
Arun Tandon, J. 1. Heard Sri Rakesh Bahadur, Advocate in support of Recall Application No. 11400 of 2004 filed on behalf of Sri Mukul Kumar Pandey, respondent No. 6 to the writ petition, Sri A.P. Tewari, learned Counsel for the petitioner in opposition to the said recall application and learned Standing Counsel for the respondent Nos. 1 to 3.2. Sri Jagdamba Mani Tripathi claiming himself to be the manager of the Committee of Management of Lal Bahadur Shashtri Uchchattar Madhyamik Vidyalaya, Rakhukhor, District Gorakhpur filed present writ petition with the following prayers :(1) To issue a writ, order or direction in the nature of mandamus commanding the respondents 3 to 5 not to hold Election of the Committee of Management of Sri Lal Bahadur Shashtri Uchchattar Madhyamik Vidyalaya, Rakhukhor, Gorakhpur so long the dispute pertaining to valid members are not resolved by this Hon'ble Court in Civil Misc. Writ Petition No. 6820 of 2002 filed by respondent No. 6.(2) To issue a writ, order...
Umesh Chandra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(2)ESC1035
Tarun Agarwala, J. 1. The petitioner Umesh Chandra in Writ Petition No. 29594 of 2003 was appointed as a Constable on 1.8.1989 and, at the relevant time, he was posted at police station Fazalganj, District Kanpur Nagar. On 3.5.2003 an accused escaped from his custody while the petitioner was escorting the accused to the Civil Court, Kanpur Nagar. On the basis of this incident the petitioner was placed under suspension pending inquiry on 3.5.2003 and thereafter he has dismissed from the service by an order of the Senior Superintendent of Police dated 5.6.2003 exercising the powers under the proviso to Clause (b) of Sub-rule (2) of Rule 8 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules).2. In Writ Petition No. 29596 of 2003, the petitioner No. 1, Virendra Singh, was recruited as a Constable in the year 1997 and petitioner No. 2, Yaduvansh Singh, was appointed as Constable in the year 1981. On the nigh...
Devendra Kumar Arora Son of Mohan Lal and Smt. Sheela Devi Wife Mohan ...
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(3)AWC2437
Arun Tandon, J.1. Heard Sri S.S. Shukla, Advocate on behalf of the petitioners, Sri Ashutosh Mishra, Advocate on behalf of respondent No. 2 and learned Standing Counsel on behalf of respondent No. 1. Respondent No. 3, Smt. Ataro Devi, who is the wife of respondent No. 2, Sri Prakash, despite notice has not put in appearance.2. The Facts giving rise to the present writ petition are that in respect of the property situated at Mohanpura, Turas Nagar, Ghaziabad, Sri Prakash/Prakash Chandra, respondent No. 2 husband of Ataro Devi, respondent No. 3 entered into an agreement with Sri Moti Ram Behal and Smt. Kusum Lata on 16th October, 1974 for sale of property in question. Since the aforesaid agreement was not performed Sri Moti Ram Behal and Smt. Kusum Lata filed Original Suit No. 213 of 1976. The said suit was decreed vide order dated 30th March, 1982 in favour of the plaintiffs. Feeling aggrieved by the aforesaid order of the trial court, Sri Prakash, respondent No. 2 filed Fist Appeal No....
Committee of Management, Kisan Degree College and ors. Vs. Chaudhary C ...
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(2)ESC1418
V.K. Shukla, J.1. Petitioners claiming themselves to be the Committee of Management of Kisan Degree College, Simbhaoli, Ghaziabad, have approached this Court questioning the validity of the order, dated 5.7.2003, passed by the Vice-Chancellor of Chaudhary Charan Singh University, Meerut, cancelling earlier order of approval, dated 10.4.2003 and restoring status-quo ante and further directing fresh elections to be held under the supervision of the Assistant Registrar, Firms, Societies and Chits.2. Brief background of the case as disclosed in the writ petition is that in the district of Ghaziabad, there is a recognised institution known as Kisan Degree College, Simbhaoli, affiliated to Chaudhary Charan Singh University, Meerut. It has been asserted that after the year 1988, no valid elections have been held, and in the said elections of the year 1988, one Surendra Pal Singh was elected as President and one Virendra Singh as Secretary. It has been contended that large scale problems were ...
Dinesh Chandra JaIn Vs. Civil Judge, Junior Division and ors.
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(3)AWC2577
ORDERAnjani Kumar, J.1. Heard Sri P. K. Jain, learned counsel appearing on behalf of the petitioner and Sri Rajiv Ratan Singh, who has accepted notice on behalf of respondent No. 2. Sri Singh has made a statement that since he does not want to file any counter- affidavit, therefore the matter may be heard on merits. In this view of the matter, the writ petition is finally heard on merits.2. The petitioner, by means of present writ petition under Article 226 of the Constitution of India has challenged the order dated 16th October, 2004, copy whereof is annexed as Annexure-5 to the writ petition, whereby the prescribed authority before whom the application under Section 21(1) (a) of the U.P. Act No. XIII of 1972, (in short 'the Act') filed by the respondent-landlord is pending, has decided application 112-Ka, which is an amendment application and the objection 113. The application 112-Ka was filed by the petitioner-tenant to the effect that one of the tenants of the landlord Ram Gopal so...
Babu Lal Singh Vs. Managing Director, U.P. State Agro Industrial Corpo ...
Court: Allahabad
Decided on: Feb-15-2005
Reported in: [2005(105)FLR165]; (2005)1UPLBEC828
Sunil Ambwani, J.1. Heard Sri Ashok Khare, Senior Advocate assisted by Sri N.K. Singh for petitioner and Sri Ved Byas Misra for respondents.2. By means of this writ petition, the petitioner has prayed for directions to call for the records of the case and quash the order dated 14.9.2001 passed by Managing Director, U.P. State Agro Industrial Corporation Limited by which the petitioner has been dismissed from service and an amount of Rs. 9,81,475.70 has been directed to be recovered from him as well as enquiry report dated 2/3.3.2001.3. A preliminary objection has been taken by Sri Ved Byas Misra stating that the petitioner has an alternative remedy of a departmental appeal to the Chairman of the U.P. State Agro Industrial Corporation Limited. Sri Misra has relied upon resolution dated 10.7.2001 of the Corporation and Rule 24-A of the U.P. State Agro Industrial Corporation (Samanya Sewa) Niyamawali, 1984 by which the Rules relating to disciplinary proceedings applicable to State Governm...
Paharpur Cooling Towers Ltd. Vs. Oswal Chemicals and Fertilizers Ltd.
Court: Allahabad
Decided on: Feb-15-2005
Reported in: [2006]134CompCas555(All); [2005]63SCL516(All)
S.P. Mehrotra, J.1. Pursuant to the order dated 3rd February 2005, the case is listed today, peremptorily.2. Sri Amit Prasad, learned counsel for the Petitioner-Company and Sri Piyush Agarwal, learned counsel for the Respondent-Company are present.3. On mention made by Sri Piyush Agarwal, learned counsel for the Respondent-Company, an application being Civil Misc. Application No. 31643 of 2005 filed on behalf of the Respondent-Company along with Counter Affidavit has been summoned from the Registry, today.4. Copy of the said application was served on the learned counsel for the Petitioner-Company on 14-02-2005 at 3.15 P.M., as stated by the learned counsel for the Petitioner-Company.5. On 26th April 2004, Sri Piyush Agarwal put in appearance on behalf of the Respondent-Company by filing his Vakalatnama.6. On prayer made by Sri Piyush Agarwal, learned counsel for the Respondent-Company, three weeks' time was granted for filing Counter Affidavit on behalf of the Respondent-Company. The s...
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