Allahabad Court August 2005 Judgments
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Hari Om Prakash Vs. Brij Mohan and ors.
Court: Allahabad
Decided on: Aug-04-2005
Reported in: 2006(1)AWC688
Anjani Kumar, J.1. The petitioner-tenant, by means of present writ petition under Article 226 of the Constitution of India, challenges the orders dated 25th January, 2001 and 2nd September, 2003, passed by courts below under the provisions of the U.P. Act No. XIII of 1972, here-in-after referred to as 'the Act', copies whereof are annexed as Annexures-12 and 13, respectively to the writ petition.2. From the averments of the facts, it is apparent that there is long drawn litigation between the parties with regard to an earlier application filed by the landlord under Section 21(1)(b) of 'the Act'. The possession of the shop in dispute has been delivered to the tenant pursuant to the proceeding under Section 24 of 'the Act', which was consequent to the order passed by the prescribed authority under Section 21(1)(b) of 'the Act', holding that the building where the shop in dispute is situated, is in dilapidated condition and requires demolition and reconstruction. Now the present applicati...
Ashok Kumar Pandey Son of Shyam Krishna Pandey and ors. Vs. State of U ...
Court: Allahabad
Decided on: Aug-03-2005
Reported in: 2005(4)AWC3674
Shishir Kumar, J.1. By means of this writ petition the petitioners have approached this Court for issuing a writ of certiorari quashing the impugned circular dated 19.7,2005 issued by the Chief Secretary, Government of U.P., Annexure-3 to the writ petition and further in the nature of mandamus commanding the respondents not to interfere in the working of the petitioners as Gram Panchayat Vikas Adhikari.2. The facts arising out of the writ petition are that the petitioners initially appointed as regular Tube Well Operators in the Irrigation Department. All the petitioners were confirmed employees and were getting pay scales and other benefits payable to the regular Tube Well Operators. That vide 73rd Amendment in the Constitution a new Sub Article 243G was inserted in the Constitution, which reads as under:'Article 243G. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayat with such powers and authority as may be necessary to enable...
Mahe Aalam Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-03-2005
Reported in: 2005CriLJ4554
ORDERShailendra Saksena, J.1. Whether in a trial before the Court of Session, the Court seized up with the trial, can direct or require the accused to deposit or pay the expenses of the witnesses sought to be examined by him in defencehas been raised in this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code only).2. On this point of controversy involved in this petition, I have carefully heard the learned Counsel of the parties and have perused the facts and the law on the points as well as the provisions of the Code, especially Sections 230, 233, Sub-section (3) of Section 233, Sections 243, 247, 254, and 304 of the Code.3. The Code provides a complete procedure for conducting a criminal trial. The provisions of the Code ensure that for the purposes of trial, both the parties i.e. the prosecution and the accused stand on the same footing; there may be no discrimination between the two, so almost same or similar provisions for both the pa...
Shanker Tripathi S/O Late Bhawani Prasad Tripathi Vs. Deputy Inspector ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: 2006(1)AWC703
Amitava Lala, J.1. This writ petition is filed by the petitioner claiming inter alia :-i. issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 to 4 to get the possession of House No. 3/7-D Tej Bahadur Sapru Road, Allahabad and delivered back to the petitioner after evicting the respondent No. 5 ;ii. issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the present case.iii. Award costs to the petitioner from the contesting respondents.2. The respondent No. 5 is a private citizen claiming to be erstwhile wife of the petitioner. Decree of divorce is subsisting. The petitioner contended that once in the evening when he came from his duty, found respondent No. 5 in the house, when he entered into the house respondent No. 5 ousted him with the help of two police officials. Seeing no other alternative the petitioner ran from pillar to post but initially did not lodge any first information report...
Executive Officer, Nagar Palika Parisad Vs. State of U.P. Through Reve ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: 2005(4)AWC3871D
S.N. Srivastava, J.1. This petition has been instituted canvassing the validity of the impugned orders i.e. order dated 10.1.2005 passed by Sub Divisional Officer and order dated 23.3.2005 passed by Additional Commissioner. The controversy raised in this petition centres round the matter of temporary injunction pending disposal of an application preferred under Section 229 D of the U.P. Zamindari Abolition and Land Reforms Act.2. The disputed land in the instant petition is Gata no. 320 situated in village Shahgarh Tahsil Bahedi District Bareilly. The petitioner instituted suit under Section 229 B before the Sub Divisional Magistrate Bahedi Bareilly. It is alleged that the Sub Divisional Magistrate initially granted interim injunction on 18.12.2004 but subsequently, reckoning with the objection filed by the respondents in the case, he rescinded the interim injunction by means of impugned order dated 10.1.2005. A revision came to be filed before the Commissioner against the impugned ord...
Janak Singh Yadav and ors. Vs. State of U.P. Ministry of Irrigation, U ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: AIR2005All342
B.S. Chauhan, J.1. While approaching the Court for equitable reliefs, it has been contended by the petitioners that they had occupied the public land, becoming the law unto themselves, and thus, cannot be evicted without following the procedure prescribed by law. Some modes have been suggested by them, i.e. to initiate proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter called the Act 1972) or U. P. Urban Planning and Development Act, 1973 (hereinafter called the Act 1973). In such a factual matrix, the question does arise as to whether a person who has the audacity to encroach upon the Public Land, can seek such a relief from the equity Court.2. The facts and circumstances giving rise to this case are that there are 85 petitioners in this writ petition and all of them have constructed their houses on the public land, without having any allotment in their favour. They have been issued ration cards, and are paying the water taxes and electri...
Ram Swarup Singh S/O Sri Navrang Singh and ors. Vs. State of Uttar Pra ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: AIR2005All381; 2005(4)AWC3418
Sanjay Misra, J.1. The instant second appeal has been filed by plaintiff appellants against the judgment and decree dated 19.9.1998 passed in Civil Appeal No. 71 of 1991 by the court of Special Judge/Additional District Judge Bijnor whereby the appeal filed by the defendant/respondent has been allowed and the judgment and decree of the trial court has been set aside. Relief sought in this second appeal is that the judgment and decree of the lower appellate court may be set aside and the judgment and decree of the trial court be restored. This appeal was admitted on 27.3.1999 on the substantial question of law as to 'whether the lower appellate court has reversed the finding of the trial court on no basis'.2. The facts giving rise to this appeal are that the plaintiffs /appellants filed a suit No. 235 of 1984 seeking injunction, and ejectment of the defendant (State of U.P.) from the land in dispute. The plaintiffs case was that plot no, 63 area three Bigha seven biswa situate at villag...
Yamuna Prasad Rai Son of Late Raghu Deo Rai Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: 2006(1)AWC70
Sunil Ambwani, J.1. Heard Sri Arun Kumar, learned counsel for the petitioner, and learned Standing Counsel. The parties have exchanged pleadings and with their consent the writ petition has been heard at the admission stage.2. On 6.5.2003, following orders was passed issuing interim mandamus to the State Government to consider and decide petitioner's leave application dated 5.1.1998 along with Chief Medical Officer's fitness certificate.3. 'This is the fifth writ petition filed by the petitioner praying for joining and for arrears of salary. Petitioner was appointed as Junior Engineer in 1974 in Public Works Department. On 7.1.1981 he joined his duty at Azamgarh. On 8.2.1981 he fell ill, vomitted blood and suffered from dysentery. He was admitted in the Government Hospital and was subsequently shifted to Ballia. It is alleged that he sent several leave applications. On 5.1.1989, after 8 years he made an application to Executive Engineer to join along with a fitness certificate from Chi...
Mahipal Singh Son of Baru Singh Vs. State of U.P. Through Secretary De ...
Court: Allahabad
Decided on: Aug-01-2005
Reported in: 2006(1)AWC375
Arun Tandon, J.1. Heard Sri Ashok Khare, Senior Advocate, assisted by Sri S.D. Shukla, Advocate on behalf of petitioner, Sri R.N. Singh, Senior Advocate, assisted by Sri P.K. Sinha, Advocate on behalf of respondent No. 4 and learned Standing Counsel on behalf of respondent Nos. 1 to 3.2. Akhil Bhartiya Gujar Vidya Pracharini Sabha, Saharanpur is a society duly registered under the Societies Registration Act, 1860. The said society has its own registered bye-laws. The election for the office of the President and Secretary of the society alone are held from amongst members of the General Body and aforesaid two office bearers thereafter co-opt the other office bearers of the society. The elections for the purposes of electing the President and Secretary of the society, took place on 15th June, 2005. In the result of the elections declared by the election officer, whereby it was recorded that Sri Mahipal Singh (petitioner) has secured 1342 votes while Sri Bhupendra Singh (respondent No. 4)...
Committee of Management and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-01-2005
Reported in: 2005(4)ESC2474
1. This writ petition has been filed for quashing the order dated 19.1.2005 which has been passed by the Chancellor of the Bhim Rao Ambedkar University, Agra (hereinafter referred to as the 'University') and for a direction upon the respondents to treat the affiliation granted to the Institution by the earlier orders dated 7.11.1998 and 30,10.2002 as permanent affiliation w.e.f. 1.7.2002 and restrain the respondents from interfering with the continuance of the B.Ed. Course in the Institution.2. The Faiz-E-Aam Modern Degree College, Mathura is affiliated to the University. In order to impart education in the B.Ed. Course it sought recognition from the Regional Committee under the provisions of Section 14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the 'NCTE Act') and in this context a communication dated 21.8.1998 was sent by the Northern Regional Committee of NCTE to the College granting recognition to B.Ed, one year course from the academic sess...
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