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Allahabad Court September 2005 Judgments

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Sep 07 2005

Mukhtar Ahmad Vs. Sirajul Haq and ors.

Court: Allahabad

Decided on: Sep-07-2005

Reported in: 2006(3)AWC2182

Arun Tandon, J.1. Heard counsel for the parties.2. Petitioner initiated original suit proceedings No. 302 of 1987 seeking declaration of his title and share over House No. 23/188 as well as for delivery of possession. Respondent No. 1 Sri Sirajul Haq initiated independent original suit proceedings, being Original Suit No. 179 of 1978 claiming title over the entire property with possession thereto. In the suit filed by the petitioner-plaintiff. Sri Sirajul Haq filed his written statement. The petitioner, however, filed an application for amendment of the plaint allegation under Order VI, Rule 6 of the Civil Procedure Code. The application was numbered as Paper No. 77Ka. Sri Sirajul Haq, who was defendant in the said suit, filed his objections. The trial court by means of the order dated 21.8.2004 has rejected the application filed by the petitioner. Feeling aggrieved by the said order of the First Additional Civil Judge (Senior Division), petitioner preferred Civil Revision No. 239 of 2...


Sep 06 2005

Smt. Shyam Dulari Devi W/O Shri Ram Jeet Prasad Vs. State of U.P. Thro ...

Court: Allahabad

Decided on: Sep-06-2005

Reported in: AIR2005All388; 2006(1)AWC378

V.K. Shukla, J.1. Smt. Shyam Dulari Devi who was one of the candidate for the post of Pradhan for Gram Panchayat Bhatgawan has approached this Court substantively for following reliefs:' (i) Issue a writ order or direction in the nature of Mandamus calling for the records of the impugned election of the office of Pradhan of Gram Panchayat Bhatgawan, P.O. Vijai Kaf, Police Station Ahirali Tehsil Hata, District Kushi Nagar.(ii) Issue a writ order or direction in the nature of Mandamus commanding the respondent No. 2 to conduct inquiry into the matter on the alleged the complaint dated 18.08.2005 of the petitioner and to take action against the guilty authorities persons in accordance with law.(iii) Issue an ad interim mandamus not to give effect and operation of the result declared on 29.08.2005 of election of Gram Panchayat village Bhatgawan Post Vijayi Kaf, P.S. Ahirauli Bazar Tehsil Hata, District Kushi Nagar and restrain the respondent No. 4 from administering oath of the office of P...


Sep 06 2005

A.N. Khare Son of Sri R.N. Khare Vs. Chairman, U.P. State Electricity ...

Court: Allahabad

Decided on: Sep-06-2005

Reported in: [2005(107)FLR1096]

Shishir Kumar, J.1. The present writ petition has been filed for issuing a writ of certiorari quashing the order dated 9-10.1.1992 passed by the respondent No.4 rejecting the claim for family pension. Further prayer is for issuing a writ in the nature of mandamus commanding the respondents to pay the family pension to Ashutosh Nath Sahai, adopted son of late Sri P.N. Sahai and for issuing a writ in the nature of certiorari quashing and strike down the Government Order dated 23.7.1975 (Annexure 2 filed by the respondents).2. The brief facts of the present writ petition are that the petitioner, who claims to be legal guardian of one Sri Ashutosh Nath Sahai has filed the present petition for receiving the amount of family pension and the benefits of Sri P.N. Sahai, who retired as Sub-Station Attendant, working at Allahabad Electricity Supply Undertaking, Allahabad. A copy of the appointment of Sri Ashutosh Kumar Sahai has been filed as Annexure-1 to the writ petition. Late Sri P.N. Sahai ...


Sep 06 2005

Smt. Sadhana Srivastava Wife of Sri Arvind Kumar Srivastava Daughter o ...

Court: Allahabad

Decided on: Sep-06-2005

Reported in: AIR2006All7; 2006(1)AWC177; II(2005)DMC863

Krishna Murari, J.1. This appeal under Section 19 of the Family Courts Act is directed against the judgment and decree passed by the Family Judge, Varanasi in matrimonial suit No. 177 of 1992, whereby the suit for a decree of divorce instituted by the respondent husband Sri Arvind Kumar Srivastava against the appellant wife Smt. Sadhana Srivastava has been decreed.2. The case set up by the respondent hupband was inter-alia that parties to the suit were Hindu and were married according to Hindu rites on 2.5.1985. Out of the wedlock two sons were born on 10.7.1987 and 15.12.1988 respectively. From the very beginning of the marriage the behaviour and attitude of the appellant-wife towards the respondent-husband, his patents and other family members had been inhuman and intolerable which culminated into separation of the elder brother of the husband from the family. The wife was always on a look-out to remain at her parent's place more than that at the matrimonial home She had been in the ...


Sep 06 2005

Umesh Chandra Sharma Son of Late Shri Jagdish Chandra Sharma Vs. the S ...

Court: Allahabad

Decided on: Sep-06-2005

Reported in: 2006(1)AWC273

Sanjay Misra. J.1. The petitioner is son of late. Jagdish Chandra Sharma who died on 7.9.1981 while working as a constable in the U.P. Civil Police Department at District Tehri Garhwal. The petitioner is elder of the two children left behind by the deceased constable the family consisting of widow and two sons.. The petitioner was aged two years in 1981 and the mother of the petitioner is alleged to have made two applications dated 10.10.1981 and 5.5.1982, (a copy whereof has been filed as Annexure-1 to the writ petition) for being given the benefits of pension and other unpaid amounts and also claimed for appointment on compassionate grounds. Till the year 1997 the issue of payment of pension had not been finally decided and the correspondence inter-se between the department continued. By an application the petitioner's mother claimed that in the meantime her son (petitioner) had attained the age of majority therefore, he should be considered for being given compassionate appointment ...


Sep 06 2005

Sushila Devi wife of Late Sri Shivgovind Kushwaha 'Paricharak', Govt. ...

Court: Allahabad

Decided on: Sep-06-2005

Reported in: [2006(107)FLR1084]

S. Rafat Alam and Ashok Bhushan, JJ.1. Heard Sri Neeraj Kant Verma, learned counsel for the appellant and learned standing counsel.2. This appeal has been filed, under the rules of the Court, challenging the judgment of the learned single Judge of this Court dated 4th August, 2005 dismissing the writ petition filed by the appellant.3. Brief facts, necessary for deciding this appeal, are; the husband of the appellant, Shivgovind Kushwaha, who was working as Class-IV employee at Government Girls Higher Secondary School, Vijainagar, Kanpur Nagar, was to retire of 31st May, 2003, which was his date of retirement as per Rule 56 of the Fundamental Rules. Sri Shivgovind Kushwaha died on 31st May, 2003 at 7.10 P.M. After the death of Sri Shiv Govind Kushwaha, compassionate appointment was claimed by the appellant under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 for her son and also a claim was raised for extra ordinary pension. A writ petiti...


Sep 06 2005

Post Master General Vs. District Judge

Court: Allahabad

Decided on: Sep-06-2005

Reported in: AIR2006All1; 2006(1)AWC282

ORDERVikram Nath, J.1. This writ petition has been filed by the tenant, Postmaster General, U.P. Lucknow and two others praying for writ of certiorari quashing the judgment and order dated 20 7-1996 passed by the District Judge, Mathura in SCC Revision No. 150 of 1994 (Mahesh Chandra Agarwal v. Post Master General, U.P. Lucknow and Ors.), whereby the District Judge allowed the revision of the landlord (respondent No. 3) and decreed the suit for ejectment of the petitioner from the premises in dispute.2. The dispute relates to building situate in village town and post office Aring, Tehsil & District Mathura, wherein the post office was being run on a monthly rent of Rs. 100/-. Initially it was let out at rent of Rs. 50/- per month, which was subsequently enhanced to Rs. 60/- and, thereafter, with effect from 1978 the rent was enhanced to Rs. 100/-per month. The landlord respondent No. 3 gave combined notice under Section 106 of the Transfer of the Property Act read with Section 80 of th...


Sep 06 2005

Bhan Prakash Vs. Ivth Addl. D.J. and ors.

Court: Allahabad

Decided on: Sep-06-2005

Reported in: 2006(1)AWC253

S.U. Khan, J.1. This is landlord's writ petition.2. Chandra Prakash Gupta has filed impleadment application for being impleaded/substituted at the place of sole petitioner landlord on the ground that the shop in dispute has come in share of the applicant through decree passed in Original Suit No. 204 of 1990 on the basis of compromise. True copy of the decree has been annexed along with impleadment application. There is no objection to the said impleadment application hence the said application is allowed. Let the applicant be impleaded as petitioner No. 2 in the writ petition.3. The matter relates to allotment of the shop in dispute. Respondent No. 3--Moin Uddeen since deceased and survived by legal representatives filed application before R.C. and E.O., Bulandshahr for allotment of the shop in dispute on the ground that it was vacant. R.C. and E.O. directed R.C.I, to inspect the shop in dispute and submit the report, R.C.I, submitted his report on 18.12.1978 stating therein that the ...


Sep 06 2005

Dr. Pradeep Kumar and anr. Vs. 7th A.D.J. and ors.

Court: Allahabad

Decided on: Sep-06-2005

Reported in: 2006(1)AWC267

Vikram Nath, J.1. This writ petition by the landlord is directed against the judgment and order dated 23.2.1991, passed by IInd Additional District Judge, Meerut (respondent 1) whereby the appeal of the tenant was allowed and the release application of the petitioner which was allowed by the Prescribed Authority, has been rejected.2. The dispute relates to the residential accommodation bearing House No. 54, Deo Nagar Mission Compound, Begum Bridge Road, Meerut of which G. C. Kapoor father of respondent No. 2 was the tenant and the petitioners are the owner and landlord of the same. The petitioner filed the release application under Section 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) on the ground of personal need for residential purposes of the accommodation which was in the tenancy of respondent No. 2.3. The respondent No. 2 contested the release application and did not dispute that the petitioners wer...


Sep 05 2005

Raghuraj Singh Son of Salig Ram Vs. Smt. Ram Devi Widow of Sri Babu Si ...

Court: Allahabad

Decided on: Sep-05-2005

Reported in: 2006(1)AWC113

S.N. Srivastava, J.1. The above two second appeals have been preferred by the appellants- one bearing Second Appeal No. 1141 of 1999 has been preferred impugning the judgment and decree dated 30.8.1999 passed in Civil Appeal No. 69 of 1993 arising out of Suit No. 182 of 1989 while the other second appeal bearing No. 1142 of 1999 focuses challenge on judgment and decree dated 30.8.1999 rendered in Civil Appeal No. 16 of 1993 arising out of suit No. 147 of 1989. Since dispute in both the appeals relate to one and the same property both the appeals were interknit together for hearing and disposal.2. The facts forming background to the above appeals may be short-listed. One Karan Singh, the grand-father of the plaintiff appellant who was an affluent Zamindar of the Area, had tied nuptial knots with two women-one Smt. Ram Pyari and the other, Mst. Ram Dei and during his lifetime, he had executed a gift deed dated 8.2.1947 bequeathing certain property to persons including Mst. Ram Dei, Smt. ...


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