Allahabad Court January 2006 Judgments
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Daya Shankar Lal Gupta Vs. Ambika Prasad and ors.
Court: Allahabad
Decided on: Jan-25-2006
Reported in: 2006(3)AWC2473
ORDERUmeshwar Pandey, J.1. Heard learned Counsel for the petitioner.2. In this petition under Article 226 of the Constitution of India, the orders of the court below dated 21.1.2004 and 22.8.2005 have been challenged,3. In a suit for cancellation of the sale deed the plaintiff No. 1 had died and accordingly an application for his substitution was moved by the plaintiff Nos. 2 and 3, who are sons of the deceased. The said application has been allowed and a prayer for amendment in the plaint, which was also included in that application, has also been directed to be incorporated.4. Learned Counsel for the petitioner submits that the order permitting some amendment other than necessary for the purpose of substitution of the deceased plaintiff is illegal order and it cannot sustain. The learned Counsel has pointed out to the paragraph of substitution application, Annexure-4. The proposed amendment against which the petitioner appears to be aggrieved is contained in para 7 of the said substi...
Jyoti Kumar Singh Son of Sri Triveni Prasad Singh and Km. Kusum Daught ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2336
Arun Tandon, J.1. These two writ petitions have been filed by three petitioner who belong to 'Gond' Caste. The aforesaid caste was notified as a Scheduled Caste under the Constitution (Scheduled Caste Order 1950). That the Parliament by means of Scheduled Castes and Scheduled Tribes order (Amendment Act 2002) being Act No. 10 of 2003 published in official Gazette of India dated 8.1.2003 notified the Gond caste as a Scheduled Tribe. The aforesaid facts are not in dispute.2. On 1.9.2001 an Advertisement was published by the Deputy Inspector General of Police inviting applications for the post of Sub Inspector (Civil Police)/Platoon Commander. Petitioners in accordance with the provisions of the Constitution Scheduled Castes Order 1950 applied for being considered for the post in question under the reserved category of Scheduled Castes. Along with their applications they also enclosed copies of the caste certificates issued by the district authorities in their favour. That the petitioners...
Committee of Management, Church City Junior High School Shiksha Samiti ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2354(All)
Shishir Kumar, J.1. The present writ petition has been filed for quashing the order-dated 22.11.2005 passed by the Registrar, Firms, Societies and Chits and consequential order passed by the respondent No. 6 (Annexures 14 and 15 to the writ petition). Further issue a writ in the nature of mandamus directing the respondents to restore status quo ante as on 22.11.2005 and not to disturb the functioning of the petitioners.2. The petitioners' Church City Junior High School Educational Society, Thaterwada, Underkot, Sadar, Merut, District Meerut, is a duly registered society under the Societies Registration Act and was also approved and recognized by the District Basic Education Officer Meerut and also by the Deputy Registrar Firms, Societies and Chits, Meerut. The Registrar, Firms, Societies and Chits, Lucknow passed an order dated 31.5.2005 and renewed the registration certificate dated 10.2.2005. The same have been filed as Annexures 1 and 2 to the writ petition. On the basis of the said...
Shyam Verma Son of Umesh Chandra Verma Vs. State of U.P.
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006CriLJ1435; II(2006)DMC827
R.P. Yadav, J.1. Applicant Shyam Verma is involved in a case punishable under Sections 498A, 307, 304B & 304 IPC and 3/4 Dowry Prohibition Act, Police Station Bah, district Agra in case crime No. 124 of 2004.2. Heard the learned Counsel for the applicant and learned A.G.A.3. The applicant is the husband of Smt. Priti Verma, who was married to him on 22.2.2002.4. The applicant is a businessman in a small town of district Agra and sixth class pass, whereas Smt. Priti Verma was Post Graduate and expert in handling the computer.5. It is urged by the learned Counsel for the applicant that there was disparity in the educational qualification of the spouse and the wife insisted for shifting of the business from a small town of Agra to Kanpur City, where her parents were living, The applicant was not agreeable to this for the reasons of his own. It is further submitted that some altercation took place between the couple, on account of which, the wife tried to end her life by setting fire to he...
Babu Lal and Brothers Through Sri Vijendra Kumar, Proprietor of the Fi ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2432
S.U. Khan, J.1. In spite of sufficient service no one appeared for landlords-respondents 2 to 10 Girish Kumar and others. Heard learned Counsel for the tenant-petitioners.2. This writ petition arises out of release/eviction proceedings initiated by deceased Sadi Ram and his three sons who are respondents 2, 3 and 4 against tenant petitioner on the ground of bonafide need under Section 21 of U.P.Act No. 13 of 1972. Sri Sadi Ram died during pendency of proceedings before the courts below. Property in dispute is a shop, rent of which is Rs. 50/- per month. Tenant-petitioners are carrying on business of whole sale of cycles from the shop in dispute. In the release application need set up was for Sadi Ram (since deceased) and Girish Kumar. It was stated that Girish Kumar had technical qualification from Roorkee Polytechnic and intended to open a shop for carrying on business of goods relating to sanitary fittings etc. for which he had no other shop. Admittedly tenant-petitioners had other s...
Bansal Febwell Industries Through Its Partner Shri Prakash Bansal Son ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2346
Vineet Saran, J1. In pursuance of a Contract of Fabrication, which was given to the petitioner by the respondent-Betwa River Board, certain dispute arose and the petitioner invoked the arbitration clause of the agreement. Since the arbitrator was not. appointed by the respondent-Betwa River Board, the petitioner filed Suit No. 21 of 1996 under Section 20 of the Arbitration Act, 1940 praying that a reference be made to the Arbitrator in accordance with the terms of the agreement. The said suit was dismissed by the learned trial Judge vide order dated 16.8.1999. The appeal filed by the petitioner against the said order has also been dismissed by the learned District Judge, Jhansi on 27.5.2003. Aggrieved by the said orders the petitioner has filed this writ petition. A further prayer has been made for a direction in the nature of mandamus commanding the respondents to refer the dispute to the arbitrator in pursuance of the agreement.2. I have heard Sri K.K. Dubey, learned Counsel appearin...
Asheesh Chaturvedi S/O Late Kanhaiya Lal Chaturvedi Vs. the Director G ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: [2006(109)FLR301]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The case of the petitioner, in a short compass, is that the father of the petitioner died in harness in 2002 while serving as Head Cashier in the State Bank of India, Kuraoli, District Mainpuri. The petitioner applied for compassionate appointment under the Uttar Pradesh Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules) which has been rejected by the competent authority of the respondent-Bank on the ground that the family was not in indigent circumstance and has sufficient means to sustain.3. The learned Counsel for the petitioner has relied upon the decision rendered in the case of Balbir Kaur and Anr. v. Steel Authority of India Ltd. and Ors. (2003) 3 U.P.L.B.E.C. 2055, in support of his contention that compassionate appointment can be granted even if the family of the deceased - has received benefitof Family Benefit Scheme. He has also relied upon t...
Hari Singh Son of Nathoo Vs. the 6th Additional District Judge,
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2353
S.U. Khan, J.1. This is tenant's writ petition arising out of suit for eviction instituted by landlord-respondent No. 3 in the form of SCC suit No. 99 of 1982 Sudhir Kumar Bansal v. Hari Singh. In the plaint of the suit eviction was sought on the ground of default and material alteration. Ground of default no more survives as both the courts below have decided the said point in favour of the tenant. The suit was decreed on the ground of material alteration as provided under Section 20(2)(c) of U.P. Act No. 13 of 1976 which is quoted below.20 (2)(c) That the tenant has without the permission in writing of the landlord made or permitted to be made any such construction or structural alteration in the building as is likely to diminish its value or utility or to disfigure it.2. The only allegation in the plaint was that court yard (angan) of the house in dispute had been divided into two portions by raising wall of 12 feet in length and 4 to 5 feet in height and a door had been fixed in th...
Pinaki Bose S/O Late A.K. Bose Vs. the Presiding Officer, Central Gove ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: [2006(109)FLR303]
Bharati Sapru, J.1. List is revised. Learned counsel for the petitioner Sri P.C. Jhingan is present to argue the case and learned counsel for the respondent bank is however not present.2. I have heard Sri P.C. Jhingan learned counsel for the petitioner and have perused the record. 3. Learned counsel for the petitioner has argued that at the time when the first enquiry report was made, the punishment should have been given to the delinquent workman who had admitted his guilt. He argued that the second enquiry was wrongly set up de nova and therefore the entire proceedings subsequent to that are bad and the award of the Labour Court is also bad.4. The facts of the case are that the petitioner workman was a banking clerk who was caught making interpolation in the account books. During the course of first enquiry, he admitted his guilt. The so-called second enquiry was initiated at his instance because he prayed that he should be awarded punishment under clause 19.12 (E) of the bipartite s...
Mansa Yadav S/O Late Kamleshwar Yadav and ors. Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(3)AWC2468
Vineet Saran, J.1. Heard Sri Indra Raj Singh, learned counsel appearing for the petitioners as well as learned Standing Counsel appearing for the State-respondents and Sri D.S.M. Tripathi, learned counsel appearing for the contesting respondent No. 6. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.2. The dispute in this writ petition is with regard to the recognition of the election of the Committee of Management held on 14.5.2002 granted by the Joint Director of Education vide his order dated 27.3.2004, whereby Smt. Geeta Devi Dwivedi has been recognized as elected Manager of the Committee of Management.3. This case has a chequered history as the Prabandh Sanchalak has been continuing to manage the institution since the year 1990. Various petitions have been filed from time to time for a direction that the elections of the Committee of Management...
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