Allahabad Court May 2005 Judgments
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Roshan Ali Vs. Mahendra Kumar Verma
Court: Allahabad
Decided on: May-26-2005
Reported in: 2006(2)AWC1103
Vikram Nath, J. 1. This writ petition has been filed by the landlord against the judgment and order dated 2.2.2002, passed by the Additional District Judge, Court No. 24, Bijnor, whereby, the revision of the respondent tenant under Section 25 of the Provincial Small Causes Court Act, 1887 (hereinafter, referred to as the Act) was allowed and the suit of the petitioner landlord was dismissed after setting aside the judgment dated 29.7.1998, passed by the Judge, Small Causes Court, Bijnor, decreeing the suit of the landlord petitioner for recovery of arrears of rent and ejectment.2. The dispute relates to a shop situated in Mohallah Bazar Chandpur, district Bijnor, which was in the tenancy of the respondent at a monthly rent of Rs. 300. The respondent tenant committed default in payment of rent, as alleged by the petitioner and, therefore, after terminating the tenancy and issuing notice of demand, the petitioner filed a suit for recovery of arrears of rent and for ejectment of the respo...
Suresh Chandra Gupta and ors. Vs. the Collector and ors.
Court: Allahabad
Decided on: May-25-2005
Reported in: AIR2005All318; 2005(4)AWC3324; [2006]133CompCas440(All); [2005]64SCL375(All)
Yatindra Singh, J.1. The main question involved in this writ petition is, whether the recovery under the UP Public Moneys (Recovery of Dues) Act, 1972 (the 1972 Act) can proceed after insertion of section 32G in the State Financial Corporation Act, 1951 (the 1951 Act) and the enactment of the Recovery of Debt Due to Bank and Financial Institution Act, 1993 (the 1993 Act).THE FACTS2. M/s JS Patel Private Limited (the Company) applied for grant of loan from the UP Financial Corporation (the Corporation) on 18.10.1996. The Corporation sanctioned a term loan of Rs. 1.7 crores however, only a sum of Rs. 1, 42,48,000/- was disbursed to the company on instalments. This loan was to be paid in five years. The company premises was also mortgaged with the Corporation and the entire machinery, goods (finished and unfinished) were hypothecated.3. The Company could not pay the loan. The Corporation issued letter dated 23.11.2000 asking the Company to repay the dues failing which it threatened to tak...
Smt. Krishna Bembi W/O Sri Raj Kumar Bembi Vs. Appellate Authority Und ...
Court: Allahabad
Decided on: May-25-2005
Reported in: 2005(4)AWC3337; [2005(106)FLR961]
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 15.6.2004 passed by appellate authority under the Payment of Gratuity Act, 1972(herein after referred to as Act) whereby the order dated 6.12.2003 passed by Controlling Authority in favour of the petitioner under the aforesaid Act has been set aside.2. The brief facts of the case are that while working as officiating Head Mistress in Sri Ram Junior High School, Mawana, District Meerut the petitioner was retired from service on attaining her age of superannuation on 1.7.2002. Initially the petitioner has joined the service as teacheress in Mawana Sugar Works Primary School run by Mawana Sugar Works, Mawana, district Meerut on 1.11.1966. Later on in the year 1974 Mawana Sugar Works Primary School was transferred under the management of Shri Ram School Society, Mawana. Consequently a letter dated 29.6.1974 was sent to the petitioner by the Chairman of Shri Ram School Society, Meerut indicating the terms ...
Ashwani Kumar Tripathi Son of Indu Prasad Tripathi Vs. State of U.P. T ...
Court: Allahabad
Decided on: May-25-2005
Reported in: 2005(4)AWC3270
A.K. Yog, J.1. Above Writ Petition, listed along with along with several other petitions on the statement made by the learned counsels appearing for respective parties that since sole question of law, arising in all these cases is one and identical in all respect hence they be decided together. As desired by the learned counsels for the parties, appearing in these cases, facts of each individual case need not be stated.2. Petitioners are allotees of flats under various Self-Financing Schemes floated by U.P. Avas Evam Vikas Parishad, Lucknow/ Regional Offices in various districts of the State of U.P. (called 'Parishad') as well as Development Authorities constituted under Urban Regulation of Building Operation Act (called Authority).3. There is no dispute either in the Schemes floated by Parishad or the Authority that land in question belong to said Parishad/Authority. Applications were invited from the persons desiring to have allotment and finally to purchase residential flats on cert...
Ansuiya, Son of Sri Dulare Vs. the State of Uttar Pradesh, Through the ...
Court: Allahabad
Decided on: May-25-2005
Reported in: 2006(1)AWC279
Arun Tandon, J.1. Heard Sri Dev Prakash Singh Advocate on behalf of Raj Bahadur in both the writ petitions, Sri Mukesh Prasad Advocate on behalf of Ansuiya in both the writ petitions and Standing Counsel on behalf of the State respondents.2. Smt. Ansuiya claims to have been granted a mining lease of sand/morrum under Chapter-II of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as 1963 Rules) in respect of Plot No. 60, Khasra No. 1/1, measuring 15 acres for the period of three years w.e.f. 1.1.2001. Even prior to the expiry of the said period, the petitioner moved an application for renewal of his mining lease on 31st December, 2003 with reference to Rule 6-A of the 1963 Rules. It is claimed that the lease was renewed for a period of three years and a fresh lease deed in form MM-3 was executed in favour of the petitioner on 29th June, 2004.3. Despite the aforesaid, necessary form MM-11 was not issued to the petitioner despite his request in writing. A...
Ram Kishun Vs. Dashrath and ors.
Court: Allahabad
Decided on: May-25-2005
Reported in: 2005(4)AWC3887
Anjani Kumar, J.1. This is a writ petition under Article 226 of the Constitution of India by the petitioner who is aggrieved by order dated 21st August, 1997, passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 (in short the Act) and the order dated 24th December, 2004, passed by the appellate authority under the Act.2. The facts giving rise to the present writ petition are that in the year 1965 petitioner's mother, Pyari Devi, was inducted as tenant of the portion in dispute and also some more portion on the back side. In 1973 Smt. Pyari Devi died. She had two sons, one the petitioner and the other Ram Lakhan. In the front portion of the accommodation in dispute Smt. Pyari Devi was running a shop and in the back portion she was living. A release application was filed by the landlord under Section 21 (1)(a) of the Act for release of the shop occupied by the petitioner and for back room occupied by the petitioner. This release application filed by the land...
Subodh Kumar Singh Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Allahabad
Decided on: May-24-2005
Reported in: (2006)(91)SLJ328CAT
1. By this O.A., filed under Section 19 of the A.T. Act, 1985, the applicant has prayed for quashing of the impugned order dated 4.4.2003, passed by the respondent No. 2 qua to the applicant (Annexure-A1).2. Shorn of details, the relevant factual matrix to decide the controversy is that the applicant, at the relevant time, was working as Ticket Collector at Mughalsarai Junction of East Central Railway. While working as Ticket Collector at Mughalsarai, the applicant was transferred from Mughalsarai Division to Samastipur Division by respondent No. 2. Against this transfer order, on 21.5.2003, he submitted representation to respondent No. 1 (Annexure-A-3).3. Being aggrieved by none response about the disposal of his representation, the instant O.A. has been instituted by the applicant.The respondents have also filed the C.A. and the applicant has filed the rejoinder affidavit. The impugned order has been assailed on the following grounds; (i) The O.A. has been challenged firstly on the ...
Smt. Sursati Devi and 6 ors. Vs. Varanasi Vikas Pradhikaran Through It ...
Court: Allahabad
Decided on: May-24-2005
Reported in: 2005(4)AWC3242
K.N. Ojha, J.1. Instant appeal has been preferred against 19.1.2005 passed by Shri S.K.S Yadav, Addl. District Judge in Misc. Case No. 18 of 2002 Varanasi Vikas Pradhikan and Ors. v. Mohan Lal and Ors. whereby the review application was allowed and judgment and decree dated 31.5.2001 passed by his predecessor in Civil Appeal No. 209 of 1985 Mohan Lal v. Varanasi Vikas Pradhikaran was set aside and consequently Civil Suit No. 176 of 1978 Mohan Lal v. Varanasi Vikas Pradhikaran was dismissed.2. Heard Sri A.N. Bhargava, learned counsel for the Appellants assisted by Sri R.K. Tiwari, Shri Ajit Kumar Singh, learned counsel for the respondents and have gone through the record. 3. It will be significant to mention here that during the pendency of the appeal Mohan Lal appellant died and Smt. Sursati Devi wife of Mohan Lal, his sons and daughters have been substituted as appellants. 4. The fact of the case as revealed from the records is that Mohan Lal filed Civil Suit No. 176 of 1978 Mohan Lal...
Uptron Colour Picture Tubes Workers Union Through Its Secretary Vs. th ...
Court: Allahabad
Decided on: May-24-2005
Reported in: [2005(106)FLR1115]
D.P. Singh, J.1. Heard learned counsel for the parties.2. This writ petition is directed against an order dated 25.2.2003 by which an application of the petitioner moved under Section 33C(1) of Industrial Disputes Act 1947 (hereinafter referred to a Central Act) has been rejected.3. The petitioner is Trade Union of Workers of the respondent company registered under Trade Union Act. The respondent company is engaged in production of colour picture Tubes for use in television sets and employs about 769 workmen directly for that purpose, apart from other employees. In order to enhance the production, it entered into a settlement with the aforesaid employees for grant of incentives for increasing the production vide settlement dated 22.7.1999 which settlement was entered before the respondent No. 1. In pursuance of the settlement, the aforesaid production of picture tubes, which was between forty to fifty thousand per month increased tremendously to about one lac twenty thousand picture tu...
Munnu Lal S/O Hori Lal Vs. Addl. Commissioner, (Administration), Kanpu ...
Court: Allahabad
Decided on: May-24-2005
Reported in: 2005(4)AWC3267
S.N. Srivastava, J.1. This writ petition is directed against the judgments dated 2.12.2003, passed by the Assistant Collector/ Up Zila Adhikari, Bilhaur, Kanpur Nagar by which the ex parte order dated 7.5.2003 was recalled and it was directed that the land in dispute may be recorded as Gaon Sabha land. In Revision said order was affirmed.2. Heard learned counsel for the petitioner, learned Standing Counsel and learned counsel for Gaon Sabha.3. Learned counsel for the petitioner raised three arguments (i) that there is no provision under the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) for review by Subordinate authorities and as such the impugned order is without jurisdiction, (ii) that as the impugned order was passed without any notice to the petitioner, same is unsustainable in law and (iii) that the findings are perverse and not borne out from the record and the matter requires reconsideration.4. Considered arguments of learned counsel for the ...
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