Allahabad Court August 2005 Judgments
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Smt. Pushpa Devi Vs. Hari Mohan Varma and ors.
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)AWC338
Anjani Kumar, J.1. Heard learned Counsel appearing on behalf of the parties.2. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-landlady challenges the order dated 11th February, 2003, passed by the trial court in S.C.C. Suit No. 9 of 1997 as well as order dated 4th November, 2004, passed by the revisional court in S.C.C. Revision No. 2 of 2003, copies whereof are annexed as Annexures-'6' and 7', respectively to the writ petition.3. The facts giving rise to the present writ petition are that the petitioner, who is the landlady (plaintiff in the suit) filed a S.C.C. suit in the year 1997 before the trial court against the tenant-respondent (defendant in the suit) for arrears of rent and ejectment against the petitioner-tenant from the shop in dispute. The trial court vide its order dated 20th May, 1998 decreed the suit ex parte for recovery of arrears of rent and ejectment against the tenant-respondent. Aggrieved thereby, the tenant-respon...
Shramdeep Apartments Avas Samiti Vs. NavIn Kumar Garg
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(2)AWC1324
ORDERA.N. Varma, J. 1. Vide order dated 29th July, 2005, while disposing of the writ petition (Writ Petition No. 4772 (MB) of 2005), filed by the petitioner, the Division Bench of this Court directed the opposite party to the said writ petition, to complete the enquiry and hold the election of the Committee of Management as early as possible within a period of 2 months from the date the order was passed. So far as with regard to the appointment of the Administrator, the Bench observed that the said appointment should be made strictly in accordance with law in the light of various judgments pronounced by this Court.2. The submission of the learned Counsel for the petitioner is that the copy of the aforesaid order was served on opposite party on 1.8.2005, who in exercise of powers conferred under Section 29(5) of the U.P. Cooperative Societies Act, 1965, (hereinafter to be referred to as 'Act'), on 6.8.2005, appointed Sub-Divisional Magistrate, Gautam Budh Nagar, as Administrator.3. The ...
U.P. Power Corporation Ltd., Through Its Ch Man, Vs. Zakir Hasan S/O S ...
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC707
R.K. Rastogi, J.1. This is an appeal against dated 2.5.2005 passed by the Civil Judge(Senior Division), Saharanpur in Original Suit No. 161 of 2005, Zakir Hasan and Ors. v. U.P. Power Corporation Ltd. and Ors.2. The facts relevant for disposal of this appeal are that the plaintiff respondents filed the aforesaid suit against the defendant appellants with these allegations that the property described in Schedule A and B of the plaint shown by letters A E F B in the plaint map were originally owned by Chaudhary Shyam Singh son of Choudhary Asha Ram. Shyam Singh sold these properties to Sardar Jagjeet Singh son of Sardar Anoop Singh vide registered sale-deed dated 5.12.1967. Sardar Jagjeet Singh sold the property described in Schedule A to plantiff No. 1 vide registered sale deed dated 10.10.2002 executed by his general attorney Abbas Husain and put plaintiff No. l in possession of the above property. Plaintiff No. 1 constructed boundary wall towards west of this land which is shown by re...
Smt. Janki Wife of Fatte and Chiranji Son of Bhali Vs. Murarilal and o ...
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC631
V.C. Misra. J.Heard Shri V.K.S. Chaudhary Senior Advocate assisted by Shri NP. Singh learned counsel for the appellants-defendants and Shri Mithlesh Kumar Tiwari and Shri Kharak Singh learned counsel for the respondents.1. This second appeal arises out of the judgment and decree dated 24.8.1974 passed by the District Judge, Bulandshashr in Civil Appeal No. 314 of 1971 Murari Lal and Ors. v. Smt. Janki and Ors. arising out of Original Suit No. 191 of 1969 between Murari Lal and Ors v. Smt. Ganga Devi and Ors., and also challenging the findings dated 24.3.1982 passed by the District Judge in the lower appellate Court.2. The case of the appellant in brief is that Khazan Singh (husband of Smt. Ganga Devi defendant No. 1), Chiranji defendant No. 2 and Fatte (husband of Smt. Janki defendant No. 3) were 3 real brothers. The dispute between Smt. Ganga Devi and Chiranji and Fatte (deceased) substituted by her legal heir Smt. Janki, arose on the allegation that Smt. Ganga Devi had remarried and ...
Rishipal Son of Sri Kunwar Singh and ors. Vs. State of Up Through Its ...
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC426
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. These are the two writ petitions filed as public interest litigations on same facts and cause of action. Both writ petitions being identical in nature are decided by this common order.2. It is sufficient to mention the facts of writ petition No. 52247 of 2005 for deciding both the writ petitions. Writ Petition No. 52247 of 2005 has been filed by five petitioners claiming themselves to be residents of Block Bisarakh Tehsil Dadri. The case of the petitioners in the writ petition is that 81 villages are covered by U.P. Industrial Area Development Act 1976(hereinafter referred to as Act) and by virtue of Section 12-A of U.P. Industrial Area Development Act 1976, no election for constituting Panchayats in the said Villages can take place. A mandamus has been prayed directing the respondents not to hold proposed election of Panchayat in respect of 81 villages which was acquired by the authority. In the supplementary affidavit filed in Writ Petition...
Dr. Bhishambhar Dayal Gupta Vs. Visitor/President of India, Aligarh Mu ...
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2005(4)ESC2284
1. Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Diwakar Raj Sharma, Advocate on behalf of the petitioner. Sri Shashi Nandan, learned Senior Advocate assisted by Smt, Sunita Agarwal, Advocate on behalf of Aligarh Muslim University, Aligarh and Sri K.C. Sinha, learned Assistant. Solicitor General of India, on behalf of Union of India.2. The petitioner, Dr. Bhishambhar Dayal Gupta, was employed as Reader, Department of Psychology in the Aligarh Muslim University, Aligarh. The petitioner was placed under suspension under order of the Vice-Chancellor of the University in exercise of powers under Statute 40 (3) (C) of the first Statutes of the University pending enquiry. He was served with a charge-sheet dated 17/18th September, 1986 and was required to submit his reply thereto, within ten days from the date of receipt of charges as levelled against him, which were ten in number. Sri Vashudevan, retired Comnissioner, Department of Inquiries, Central Vigilance Commission wa...
State of U.P. Vs. Anil Kumar S/O Mahakaar Singh,
Court: Allahabad
Decided on: Aug-16-2005
Reported in: II(2005)DMC756
M. Chaudhary, J.1. This is a government appeal filed on behalf of the State from judgment and order dated 15th of February 2001 passed by Sessions Judge Ghaziabad in sessions trial No. 1082 of 1998 State v. Anil Kumar and Ors. acquitting the accused of the charge levelled against them under Sections 498A and 304B read with Section 34 I PC and Section 3/4 Dowry Prohibition Act,2. Brief facts giving rise to this appeal are that one Paley Ram and his wife Smt Bharto married their daughter Mithlesh with Anil Kumar son of Mahkar Singh resident of village Tateena, Police station Mawana, District Meerut in the year 1994. After some time of her marriage she was subjected to cruelty by her husband and in-laws for want of dowry and they used to beat her now and then. Subsequently Anil Kumar alongwith his wife Mithlesh started living at village Sadarpur situate in Noida and her 'Devar' Satish alias Titu also resided with them. For sometime they lived happily but again Mithlesh was used to be beat...
Smt. Veena Bahl (Deceased) and ors. Vs. Vishnu Kumar and ors.
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC598
R.K. Rastogi, J. 1. This is an appeal against the order dated 23.4.2005, passed by Sri Akhilesh Chandra Sharma, learned Additional District and Sessions Judge Court No. 10, Moradabad in Original Suit No. 319 of 1982, Smt. Veena Bahl and Ors. v. Sri Vishnu Kumar and Ors..2. The facts relevant for disposal of this appeal are that the plaintiffs Smt. Veena Banal, Smt. Rarnwati Devi and Smt. Rajeshwari Devi Rastogi (now all deceased) filed O.S. No. 319 of 1982 in the court of Civil Judge, Moradabad, against the defendants Sri Vishnu Kumar and Ors. with these allegations that the properties specified in Schedule 'A' and 'B' were owned by Raja Krishan Kumar and his son Raja Raj Kumar who jointly executed a registered deed of transfer on 6.8.1896 in favour of Anirudh Kumar and Lal Kumar. It was further provided in that deed that the property shall not be transferred to any non-member of the family so long as the members of the family were ready to take it. Sri Lal Kumar died unmarried and the...
Vikram SaIn JaIn Vs. Chaturbhuj, Addl. District and Sessions Judge and ...
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC336
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-landlord challenges the order passed by the revisional court/ Additional District and Sessions Judge, Muzaffarnagar dated 16th January, 2003, copy whereof is annexed as Annexure-'I' to the writ petition, whereby revision filed by the respondent-tenant has been allowed the matter was remanded back to the Rent Control and Eviction Officer to record a finding with regard to the applicability of U.P. Act No. XIII of 1972 to the accommodation in question.2. The brief facts of the present case are that the shop in dispute was constructed in the year 1970 and it was occupied by tenant, namely Anand Kumar alias Anand Prakash, as described in Writ Petition No. 41556 of 1997 and Writ Petition No. 27849 of 1998, respondent no. 2 in this petition. The landlord-petitioner filed an application under Section 21(1)(a) of the U. P. Act No. XIII of 1972 (In short 'the Act') before the pres...
Ram Gopal Vs. Sri Ram
Court: Allahabad
Decided on: Aug-16-2005
Reported in: 2006(1)AWC342
ORDERAnjani Kumar, J.1. Heard learned Counsel for the parties.2. Aggrieved by an ex parte decree dated 19th March 2004, passed by the Judge Small Cause Courts in a suit for recovery of arrears and eviction of the petitioner by the landlord, the petitioner-tenant filed an application under Order IX, Rule 13 for setting aside ex parte decree dated 19th March 2004. This application under Order IX, Rule 13 was filed on 21st May 2004. Along with this application dated 21st May 2004 for setting aside ex parte decree, neither any amount was deposited nor any application with prayer for furnishing security was made as contemplated under proviso to Section 17 of the Provincial Small Cause Courts Act. That on 22.4.2004 an amount of Rs. 4,400 as against decretal amount of Rs. 20,000 and odd was deposited by the petitioner. This admittedly does not cover the entire decretal amount. On 24th May 2004 an application was filed by the petitioner for furnishing security. On this application the Court wa...
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