Allahabad Court January 2006 Judgments
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Dr. Snehlata Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-24-2006
Reported in: 2006(4)AWC3695
Pradeep Kant and S.N. Shukla, JJ.1. Heard the learned Counsel for the petitioner Sri Upendra Misra and Sri Rakesh Bajpai, learned State counsel.2. The short question which has brought this controversy to this Court under Article 226 of the Constitution is whether the petitioner who was appointed as ad hoc lecturer in the Department of Sanskrit in M.D.P.G. College, Pratapgarh was entitled for getting her services regularized under the provisions of Section 31C of the U. P. Higher Education Service Commission Act, 1980 in view of the fact that though her selection was duly approved by the Committee of Management prior to the cut off date but the actual appointment order was issued after the said date which was delayed as approval of the Vice Chancellor could not be obtained within the stipulated time.3. It is not in dispute that the vacancies were notified by the Institution to the Higher Education Service Commission (hereinafter referred to as the Commission) on 8.1.1991. The advertisem...
Mohammad Waseem Vs. Izraul Haq and anr.
Court: Allahabad
Decided on: Jan-24-2006
Reported in: III(2006)ACC534; 2007ACJ1434
R.P. Misra and Sanjay Misra, JJ.1. Learned Counsel for the appellant is present and has made submission. None is present on behalf of the respondents despite notice to them.2. It has been submitted by the learned Counsel for the appellant that a girl aged about seven years succumbed to death on account of the accident. The father of the deceased (claimant-appellant) is claiming compensation. The Tribunal has awarded a sum of Rs. 70,000 as compensation to the claimant-appellant. Now the appeal has been filed by the claimant-appellant for enhancement of compensation stating that compensation awarded by the Tribunal is very meagre. In support of his submission, learned Counsel for the claimant-appellant relied upon the decision pronounced in the case of New India Assurance Co. Ltd. v. Anwar Ali 2003 (3) TAC 12 (Allahabad), wherein on the death of a minor girl aged about 8 years, the Tribunal awarded compensation of Rs. 2,25,000 on the basis of notional income of the deceased which was tak...
The Commissioner, Sales Tax Vs. S/S Bhawani Paper Mills Ltd.
Court: Allahabad
Decided on: Jan-23-2006
Reported in: [2006]147STC324(All)
Ashok Bhushan, J.1. Heard Sri B.K. Pandey, learned standing counsel, appearing for the revisionist and Sri Bharat Ji Agarwal appearing for the respondents.2. This sales tax revision has been filed against the judgment and order dated 4th November, 1991 passed by the Sales Tax Tribunal Bench-I, Allahabad dismissing the second appeal filed by the Commissioner of Sales Tax against the judgment and order dated 22nd December, 1989 passed by this Assistant Commissioner allowing the appeal of the assessee.3. An order under Section 10A of the Central Sales Tax Act, 1956 (hereinafter referred to as the Act) was passed by Sales Tax Officer dated 25th July, 1989 imposing penalty on the assessee. The Sales Tax Officer found that assessee purchased, goods utilising Form-C which goods were not covered under Section 7 of the Act. The reply of the assessee that dyes, colour, starch, lubricants and caustic soda are included in chemicals was not accepted. The assessee filed an appeal before the Assistan...
Rishi Kumar JaIn and ors. Vs. Suresh Chandra Shah and ors.
Court: Allahabad
Decided on: Jan-23-2006
Reported in: 2006(3)AWC2347
Poonam Srivastava, J.1. Heard learned Counsel for the revisionists.2. This is a revision under Section 115, C.P.C. whereby the order allowing an application under Section 92, C.P.C. granting leave without notice to the opposite parties and inviting objections has been recalled by the District Judge, Etah.3. The submission on behalf of the revisionists is that a suit under Section 92, C.P.C. was instituted along with an application which was numbered as 5C. The order was recalled in exercise of powers under Section 151, C.P.C. and objection has been invited in respect of the said application from the defendants. The submission is that Section 92, C.P.C. does not contemplate an objection by the defendants.4. I have heard the counsel for the revisionists at length. In application under Section 92, C.P.C. three conditions must be fulfilled. The suit must relate to a public charitable or religious trust and secondly the foundation of the suit is on an allegation of breach of trust and a dir...
Shariful Hasan Alias Foto Son of Shri Ramzani (In Jail) Vs. State of U ...
Court: Allahabad
Decided on: Jan-20-2006
Reported in: 2006CriLJ1772
K.N. Ojha, J.1. Instant revision has been preferred by accused Sariful Hasan @ Foto, S/o Ramzani, resident of village Naglataha Mauja Saidpura, post office Rajpur Keseria Bala, district Moradabad, against order of conviction and sentence dated 14.7.1987 passed by 3rd Additional Sessions Judge, Moradabad, in Criminal Appeal No. 149 of 1986, Shariful Hasan v. State of U.P. by which order of conviction and sentence dated 20.8.1986 passed by 1st Munsif/Lower Criminal Court, Moradabad, in Case No. 96 of 1986, State v. Shariful Hasan @ Foto convicting him Under Section 25A of Arms Act and directing to undergo sentence of one year's R.I. was confirmed.2. Heard Sri K.K. Arora, learned Counsel for the revisionist, learned AGA and have gone through the record.3. According to prosecution on receipt of information on 8.9.1984, V.S. Rana, the then Station Officer, police station Dilari, PW 1, alongwith police Sub Inspector C.S. Yadav, PW 2, Mustafa Ali PW 3, Khursheed PW 4 and other police personne...
Sri Niwas Shastri (Deceased) Son of Late Pandit Pyare Lal Shastri and ...
Court: Allahabad
Decided on: Jan-20-2006
Reported in: AIR2006All160
Sudhir Agarwal, J.1. This writ petition was filed by Sri Sriniwas Shastri assailing the orders dated 23rd October 1996 (Annexure No. 1) and 24th July 1997 (Annexure No. 2) to the writ petition, whereby he was terminated as L.I.C. agent under Rule 16(1) (a) (b) & (d) read with Rule 10 (6) of the Life Insurance Corporation of India (Agents Regulations 1972). During the pendency of this writ petition, the said petitioner died and his legal heirs have been substituted to pursue this writ petition.2. The brief factual matrix of this case is that Sri Sriniwas Shastri was appointed as agent in Life Insurance Corporation (in short 'LIC') in the year 1964. A show cause was issued on 5th August 1996 '(Annexure No. 6) requiring him to show cause as to why his agency be not terminated and the Commission payable may not forfeited since in respect to a policy No. 230045022 of one Guru Sevak Das Gupta, he got it revised on 16th January 2005 by accepting the deposit of premium on the said date, althou...
Smt. Durgawati Wife of Sri Bal Govind Singh Vs. Additional Commissione ...
Court: Allahabad
Decided on: Jan-20-2006
Reported in: 2006(2)AWC1289
Prakash Krishna, J.1. These two writ petitions were heard together and are being disposed of by a common judgment as the facts are interwoven and mingled and related to each other, as suggested by the learned Counsel for the parties.2. One Muneshwar had two daughters namely Gayatri and Durgawati. The petitioner, Smt. Durgawati is one of the daughters of Shri Muneshwar. Shri Muneshwar who died on 25th of December, 1991 during his life time had executed a sale deed in favour of above named daughters, who applied for mutation of their names on the basis of the sale deed before Tehsildar Mohammadabad which was allowed by the order dated 22nd May of 1992. Their names were mutated in the Khatauni. One Naresh, respondent No. 4, filed a restoration application before the Tehsildar on the basis of two alleged sale deeds in his favour being dated 7th of January, 1987 and 2nd Nov., 1987 purporting to be executed by Shri Muneshwar in his favour. The restoration application was dismissed by the Teh...
Jafar S/O Isam Vs. State of U.P. Through Commissioner, Consolidation a ...
Court: Allahabad
Decided on: Jan-20-2006
Reported in: 2006(3)AWC2348
S.N. Srivastava, J.1. Learned Counsel for Caveator-Opp. Parties states that the writ petition be heard and decided at the admission stage and he does not propose to file any counter affidavit.2. Heard learned Counsel for the petitioner and learned Counsel for Caveator-Opp. Parties.3. Learned Counsel for the petitioner urged that the impugned order dated 17th December, 2005, passed by the Deputy Director of Consolidation, Moradabad suffers from error of law apparent on the face of record in view of the fact that the grievance of petitioner was not considered at all by the Deputy Director of Consolidation. He further urged that contesting Opp. Parties were allotted Chaks on Plot Nos. 135, 136, 169 and 170 which are their original holdings. By the impugned order, no reasons have been assigned by the Deputy Director of Consolidation while reversing the order of subordinate consolidation Authorities. He prayed that the impugned order may be quashed.4. In reply to the same, Sri Ayub Khan, le...
Sukhuwa Son of Mahavir Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Jan-20-2006
Reported in: 2006(2)AWC2108
S.N. Srivastava, J.1. By way of this writ petition, petitioner challenges the orders dated 8.10,1997 and 5.7.1997, passed by the Deputy Director of Consolidation, Fatehpur (Annexures-1 and 6 to the writ petition) and the order dated 30th September, 1993, passed by the Settlement Officer, Consolidation, Fatehpur Sadar, Annexure-3 to the writ petition.2. Inspite of repeated orders passed by this Court, no counter affidavit has been filed by any of the party, though by an order dated 12th July, 2004, three weeks and no more time was granted to file counter affidavit, and as such in view of the law laid down by the Apex Court in a judgment reported In : AIR1973SC627 , Controller. Court of Ward, Kolhapur and Anr. v. G.N. Ghorpade and Ors., the facts stated in the writ petition shall be treated as undisputed facts.3. In view of the above, undisputed brief facts of the case are as below:--The dispute relates to Plot No. 4224, area 1 Bigha 4 Biswa situated in Village Rampur Thairaon, Pargana H...
Ghulam Ashraf Vs. Abdul Khalik (D) Through L.Rs. and anr.
Court: Allahabad
Decided on: Jan-20-2006
Reported in: AIR2006All149; 2006(2)AWC1291
Prakash Krishna, J. 1. The present writ petition arises out of an order passed in execution case. The petitioner is a judgment debtor and the respondent No. 1 is decree holder.2. The facts in brief are as follows:Rahim Bux, the father of respondent No. 1 mortgaged his property in favour of Sri Sidhu Noor Bux Son of Sri Makdhoom Bux by way of usufructuary mortgage on 17.6.1924 for Rs. 250. The respondent No. 1 (hereinafter called as decree holder) filed a suit being Suit No. 530 of 1980 against the petitioner (hereinafter called as judgment debtor) and others for redemption of the mortgaged property executed by Rahim Bux, the mortgage deed dated 17.6.1924. The suit after contest was decreed on 23.11.1995 by the trial court with the condition that the decree holder is entitled to get possession over the mortgaged property on deposit of Rs. 250 in the Court. The said decree has been confirmed in Civil Appeal No. 54 of 1996 by the appellate court on 12.12.1996. The petitioner filed second ...
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