Allahabad Court August 2005 Judgments
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Devendra Kumar Mishra Vs. Ramendra Kumar and ors.
Court: Allahabad
Decided on: Aug-29-2005
Reported in: AIR2006All82
ORDERN.K. Mehrotra, J.1. This is a revision under Section 115 of the Code of Civil Procedure against the judgment and order dated 21.7.2005 passed by the Additional District and Sessions Judge, Court No. 5 Lakhimpur Kheri by which the learned Judge has granted permission to the opposite parties to file suit under Section 92 of the Code of Civil Procedure.2. The opposite parties appeared by finding the caveat and I have heard the learned Counsel for the revisionist and the opposite parties finally on merit.3. The opposite parties Nos. 1 to 5 moved an application under Section 92 C.P.C. for permission to file a suit for removal of trustees from the Trust and for breach to the terms and conditions of the trust of the temple of Thakurji Maharaj in Mohalla Dixitaana Goal Gokaran Nath which was admittedly constructed by Smt. Vidya Kunwari. It was alleged that a trust was created for public purposes and the opposite parties Nos. 1 to 5 in this revision are Hindus and are followers of Sanatan ...
Sarvendra Singh Son of Late Shri Surendra Singh Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Aug-25-2005
Reported in: [2006(108)FLR62]
Tarun Agarwala, J.1. Three Sub Inspectors posted in district Badaun have been transferred to various places by separate orders. They have filed separate writ petitions challenging the transfer order on identical grounds. Consequently, all the three writ petitions are being decided together. For facility, the writ petition of Sarvendra Singh is being taken as the leading case and the affidavits in this petition is being referred to in the judgement.2. The petitioner, Sarvendra Singh, was working as a Sub Inspector in District Badaun and has been transferred by an order dated 11.4.2005 issued by the Inspector General of Police(Establishment), U.P., Lucknow to A.S.I.O. Rihand in district Sonebhadra, By another order of the same date, the petitioner was relieved. The petitioner, Raj Kumar Singh Rathore, was working as a Sub Inspector and has been transferred by an order dated 12.4.2005 issued by the Inspector General of Police (Establishment), U.P. from Police Station Wazirgarh, district B...
Sudarsh Awasthi Vs. Election Commission of India and ors.
Court: Allahabad
Decided on: Aug-25-2005
Reported in: AIR2006All111
1. There is a Public Interest Litigation moved by one Citizen of India regarding the apprehension felt by him about the rotational retirement of Members of Legislative Council of the State.2. The array of parties in this writ petition is interesting; the first respondent is the Election Commission of India, the second is his Excellency the Governor of Uttar Pradesh and the 3rd to the 40th respondent both inclusive are members of the Legislative Council.3. Article 172 of the Constitution of India is the starting point of argument of learned Counsel for the petitioner. The said Article is quoted in full but only the second Sub-article is material for us.172. Duration of State Legislature -(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for (five years) from the date appointed for its first meeting and no longer and the expiration of the said period of (five years) shall operate as a dissolution of the Assembly:Provided that the said period may, whil...
Monnet Sugar Limited Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-24-2005
Reported in: AIR2006All200
Amitava Lala, J.1. Writ petitioner filed this petition basically challenging a press note dated 31st August, 1998 and the notification being numbered SO 808 (E) dated 11th September, 1998, which are as follows:PRESS NOTE'Subject: De-licensing of Sugar Industry.The Government has further viewed the list of industries under compulsory licensing, and has decided to delete sugar industry from the list of industries requiring compulsory licensing under provisions of the Industrial (Development and Regulation) Act, 1951. However, in order to avoid unhealthy competition among sugar factories to procure sugarcane, a minimum of 15 KM would continue to be observed between an existing sugar mill and a new mill by exercise of power under Sugarcane (Control) Order, 1966.2. The entrepreneurs who wish to avail themselves of the de-licensing of sugar industry would be required to file an Industrial Entrepreneurs Memoranda (IEM) with the Secretariat of Industrial Assistance in the Ministry of Industry ...
Ravindra Kumar Dubey Son of Sri Govind Narayan Dubey Vs. State of U.P. ...
Court: Allahabad
Decided on: Aug-24-2005
Reported in: 2006(1)AWC57
A.P. Sahi, J.1. Heard learned counsel for the petitioner Sri J.P. Singh and learned Standing Counsel for respondent No. 1.2. Notices were issued to the respondent Nos. 2. 3 and 4 as well bat no One has put in appearance on behalf of the said respondents.3. The facts of the case lie in a very short compass. The petitioner adopted by one late Smt. Dev Kunwar and an adoption deed was registered in testimony thereof. The petitioner claims appointment after the death of late Smt. Dev Kunwar under the Dying in Harness Rules as she had been working as an assistant teacher in a primary school governed by the Basic Education Act, 1972. The petitioner was extended benefit of the rules relating to compassionate appointment and he was appointed as an assistant teacher at a Primary Pathshala Bamhrauli at Village Moth, district Jhansi The dispute arose when the adoption deed under which the petitioner has been claiming right was put to challenge in Original Suit No. 243 of 1992 filed by one Sri Saty...
Committee of Management, Abdul Karim Khan Inter College Through Its Ma ...
Court: Allahabad
Decided on: Aug-24-2005
Reported in: 2006(1)AWC284
Ashok Bhushan, J.1. Heard Sri Ashok Khare Senior Advocate, appearing for the petitioners, Sri P. N. Saxena appearing for the contesting respondents and the learned standing counsel appearing for the State respondents.2. All these three writ petitions have been heard together and are being disposed of by this common judgement.3. The Writ petition No. 16972 of 2005 has been filed by :he Committee of Management Abdul Karim Khan Inter College through its Manager Sabir Ali Abbasi challenging the order dated 22.2.2005 passed by the Director of Education as well as the order dated 1.3.2005 passed by the Joint Director of Education. The Director of Education by the order dated 22.2.2005 directed the Joint Director of Education to get fresh elections held of the Committee of Management of the Institution as per direction of the Division Bench of this Court dated 3.12.2004 passed in Special Appeals No. 453 of 2004, 454 of 2004 and 455 of 2004. The Joint Director of Education passed consequential...
Mohd. Sayeed Vs. Rent Control and Eviction Officer/Addl. City Magistra ...
Court: Allahabad
Decided on: Aug-24-2005
Reported in: 2006(1)AWC264
A.K. Yog, J.1. Heard Sri D. K. Khanna, advocate on behalf of the petitioner and perused the record.2. At the outset it may be noted that respondent No. 2/Batool Ahmad had put in appearance by filing vakalatnama of Sri A. N. Sinha, advocate whose name appears in the cause list. However, no counter-affidavit has been filed (as borne out from office report dated 5.7.2005).3. Through present writ petition under Article 226, Constitution of India, Mohd. Sayeed seeks to challenge impugned order dated 6.1.1994 (Annexure-14 to writ petition) passed by Delegated Authority/R.C. and E.O./Additional City Magistrate Vth, Kanpur Nagar in Case No. 109 of 1993, Mohd. Saeed Khan v. Batool Ahmad. Premises in question is House No. 105/134-comprising-one room, one varandah, court yard, latrine, bath room situate on ground floor situate in Kanpur Nagar in pursuance to the remand order dated 27.2.1993 passed by the then Additional District Judge in Rent Revision No. 52 of 1992, Batool Ahmad v. Mohd. Saeed K...
In Re: Rajinder Steels Ltd. (In Liquidation)
Court: Allahabad
Decided on: Aug-24-2005
Reported in: III(2007)BC643; [2006]132CompCas310(All)
Sunil Ambwani, J.1. This is an application under Section 446 of the Companies Act for granting leave to the applicant to pursue the proceedings under Section 138 of the Negotiable Instruments Act, pending in the court of the Chief Additional Metropolitan Magistrate, 40th court at Girgaum, Bombay, against the company liquidator and the directors being complaint No. 2221/S of 1999 for dishonour of cheques given by the accused to the applicant-company towards the lease rentals of air pollution control equipment.2. No one appears for the applicant.3. Sri R. P. Agarwal, learned Counsel for the official liquidator informs that there is a conflict of opinions in the High Courts whether such leave is required in respect of criminal proceedings. The relevant words under Section 446 are that 'any suit or other legal proceedings'. It is stated that the term 'legal proceedings' shall also include criminal proceedings. Although the company court does not have jurisdiction to take cognizance of crim...
Vijay Singh Son of Shri Manmohan Singh Vs. Rani Laxmi Bai Kshetriya Gr ...
Court: Allahabad
Decided on: Aug-23-2005
Reported in: 2006(1)AWC199; [2006(107)FLR748]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The facts of the writ petition are that the father of the petitioner, i.e., Sri Man Mohan Singh died in harness on 8.9.2003 from the post of Driver-cum-Messenger in the Grameen Bank at Babina under the respondents. The petitioner submitted an application dated 18.10.2003 for his appointment on compassionate ground. The application of the petitioner was rejected vide order dated 17.9.2004 on the ground that his father was removed from service on 20.6.2001 and that the petitioner is over age for appointment.3. From Annexure 3 to the writ petition which is salary slip of deceased father of the petitioner for the month of February 2003 payable on 25.2.2003 or thereafter it appears that the father of the petitioner was in service and after deduction was drawing a net-salary of Rs. 4247/-. From annexure 4 to the writ petition which is death certificate issued by the State Government it appears that the father of the ...
Sanjay Tiwari Son of Shri Shyam Kishore Tiwari and Neelabh Dwivedi Son ...
Court: Allahabad
Decided on: Aug-23-2005
Reported in: 2006(1)AWC460; 2005(4)ESC2449
Arun Tandon, J.1. Heard Sri U. N. Sharma Senior Advocate, assisted by S-A Suneet Kumar Advocate, on behalf of the petitioners, Sri P.S. Bughel Advocate on behalf of respondent nos. 3 and 3, Sri K. C. Sinha, Assistant Solicitor General of India on behalf of Union of India.Facts2. Petitioner no. 1. Sanjay Tiwari claims himself to be the Ex President of Students Union of Allahabad University, while petitioner no, 2 is an student seeking admission as regular student in B.A.-I in Allahabad University for the academic session-2005-06.3. The Allahabad University was incorporated under the provisions of Allahabad University Act, 1921. The said Act was, however repealed under Section 74 of the U.P. State Universities Act, 1973 (hereinafter referred to as Act, 1973). Section 49 of the 1973 Act provides for framing of the Statutes by the University in respect of various subject matters enumerated therein. Section 51 of me 1973 Act confer a power to frame Ordinances, without prejudice to the gener...
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