Allahabad Court February 2006 Judgments
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Rajesh Kumar Srivastava, S/O Sri Sudhir Kumar Srivastava and ors. Vs. ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006CriLJ1428; I(2006)DMC729
R.C. Deepak and G.P. Srivastva, JJ.1. Counter and Rejoinder Affidavits have been exchanged.2. We have heard Sri M.C. Chaturvedi and Sri Kamal Krishna, learned Counsel for the petitioners, Sri Ashok Nath Tripathi,learned Counsel for the respondent no. 4, learned A.G.A. for the State and perused the record.3. The prayer sought in the present writ petition is for quashing the impugned F.I.R. registered as case crime no. 1 of 2006 under Sections 498A, 323, 504, 506 IPC and Section3/4 of Dowry Prohibition Act pertaining to Police Station Mahila Thana, District Allahabad or other relief as appear expedient in the interest of justice under the facts and circumstances of the case.4. The marriage of the victim Garima Srivastava was solemnized on 31.1.1998 with Rajesh Kumar Srivastava. There are serious allegations against the petitioners of ill-treatment, harassment and torture to the above-named victim and her parents regarding the demand of dowry which allegedly began from the very next day o...
Sohan Pal S/O Sri Gokil Ram Sahu Vs. State of U.P. Through Its Secreta ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(3)AWC2322
Rakesh Tiwari, J.1. Heard Counselor the parties and perused the record.2. The petitioner was appointed on 9.8.1973 on the post of Junior Clerk by President Nagar Palika Parishad, Ujhani, district Badaun in the pay scale of Rs. 176-250. The petitioner claims that the Commissioner, Rohail Khand Division, Bareilly sanctioned a post of Sectional Head Clerk iri Water Works Department at Nagar Palika Parishad, Ujhani, district Badaun on 31.5.1974 on which one Sri K.M.L. Chaturvedi was appointed by promotion on 12.7.1974. It is further claimed that the petitioner was confirmed and regularized on the post of Junior Clerk by the President, Nagar Palika Parishad, Ujhani district Badaun on 15.10.1974 and he was promoted as Senior Clerk in the pay scale of Rs. 185-280 in place of one Sri Girish Chandra Tripathi on 4.7.1977. It is urged by Counsel for the petitioner that by clarification dated 18.10.1982, the services of non-teaching staff were made transferable from colleges to Nagar Palika Parish...
Babu Nandan Son of Shri Shiv Nath Vs. State of Uttar Pradesh Through P ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(2)AWC2048
R.P. Misra, J.1. Having heard Sri A.P. Srivastava, learned Counsel for the petitioner and learned Standing Counsel for the respondents, the writ petition was avowed; in open Court on 6.2.2006, but the reasons ware to follow, The reasons are as under:2. By means of this writ petition under Article 226 of the Constitution of India, the Impugned order dated 11.9.2003 passed by the Special land Acquisition Officer, Varanasi, the respondent No. 3, Is sought to be quashed.3. In short the fact relevant for determination of actual controversy involved in this case is that by a notification dated 30.8.1985 under Section 4 of the Land Acquisition Act; 1894 (for short the 'Act'), land of the petitioner and other persons was acquired for construction of Ram Nagar-Mughalsarai Bye-pass Road The notification under Section 6 of the Act. with regard to the aforesaid acquisition was issued on 31.8.1985. The Special Land Acquisition Officer, Varanasi gave the award on 7.1.1970.4. Admittedly, no applicati...
Smt. Savitri Devi Wife of Rajendra Kumar Vs. Xth Additional District J ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(3)AWC2139
S.U. Khan, J.1. This is landlady's writ petition arising out of eviction/release proceedings initiated by her against original tenant Brahm Avtar since deceased and survived by respondent Nos. 3 to 8 on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of case No. 9 of 1985 on the file of prescribed authority Chandausi, district Moradabad.2. Property in dispute is commercial in nature rent of which is Rs. 48/- per month. It had been taken on rent by the original tenant in connection with' his business of manufacturing buckets for rehat (a device of irrigation drawn by bullocks). It was stated in the release application that adjacent to the accommodation in dispute, the land admeasuring about 1200 square feet (40 feet by 30 feet) belonged to the petitioner and she intended to construct a new house in the said land as well as accommodation in dispute. In the adjacent land there existed some old structures in ruinous condition (khandhar). It was also plea...
Faiyaz Khan Son of Sheikh Santu Alias Rahim Khan Vs. the 2nd Additiona ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(3)AWC2136
S.U. Khan, J.1. This is landlord's writ petition arising out of eviction release proceedings initiated by Faiyaz Khan original landlord petitioner since deceased and survived by legal representatives against Dr. Aziz who died during pendency of the proceedings before prescribed authority and was substituted by respondent Nos. 3 to 13 in the form of cast; No. 102 of 1980. It was filed on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 before prescribed authority.2. Release application was initially allowed on 29.1.1982 finding the need of the landlord to be bonafide and deciding the question of comparative hardship also in favour of the landlord. However the Said judgment was set-aside in part in appeal and the matter was remanded to the prescribed authority to decide the question of comparative hardship again. After remand prescribed authority/ Additional Civil Judge, Jhansi dismissed the release application on 31.10.1985, however in the said judgment also bonaf...
Mohan Singh S/O Sri Ramji Lal Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(3)AWC2524
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. This petition has been filed for quashing the impugned orders dated 14.6.2001 and 12.6.1997 contained in Annexure Nos. 5 and I respectively to the writ petition passed by respondent Nos. 1 and 3 respectively.3. The facts of the case, in brief are that the petitioner had moved an application before the competent authority, inter alia, stating that the allotment of pasture-land in favour of the respondents was illegal. A report was submitted by the Tehsildar, Kirawali before the Additional District Magistrate (City), Agra on 3.5.1997. After objection was filed by the respondents, the Additional District Magistrate (City) vide impugned order dated 12.6.1997 passed an order against the petitioner. Aggrieved, the petitioner filed appeal before the Commissioner, Agra Division, Agra, who vide order dated 17.2.2000 allowed the revision in favour of the petitioner and against the respondents. The respondents the...
Noor Mohammad Son of Sri KamruddIn and Wasi Ahmad Son of Sri KamruddIn ...
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(3)AWC2328
S.U. Khan, J. 1. This is tenants' writ petition arising out of suit for eviction and recovery of arrears of rent instituted by original landlord respondent No. 2 Ami Chand (since deceased and survived by legal representatives). Eviction was sought on the ground of default. Suit was registered as suit (SCC Suit.) No. 847 of 1983. Additional JSCC, Kanpur Nagar held that there was no default and tenants were entitled to the benefit of Section 20(4) of U.P. Act No. 13 of 1972. Ultimately through judgment and decree dated 29.5.1989 suit for ejectment was dismissed and suit for the withdrawal of deposited rent was decreed. Against the said judgment and decree original landlord respondent No. 2 filed SCC Revision No. 88 of 1989. IV Additional District Judge, Kanpur Nagar allowed the revision, set aside the judgment and decree passed by the trial court, refusing to decree the suit for eviction and decreed the suit for eviction also through judgment and order dated 2.8.1990 hence this writ: pet...
Basant Lal and anr. Vs. Lakshmi Chand
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(2)AWC1791
ORDERS.P. Mehrotra, J.1. Pursuant to the order dated 23.1.2006, the case is listed today.2. Learned Counsel for the defendants-appellants are not present. Sri Vinod Kumar Sharma holding brief for Sri R.K. Pandey, learned Counsel for the applicant in Civil Misc. Application No. 196968 of 2005, is present.3. It appears that the aforementioned Civil Misc. Application No. 196968 of 2005 has been filed on behalf of Kishan Singh (applicant).4. The application is accompanied by an affidavit, sworn by the said Kishan Singh (applicant) on 25.9.2005.5. In paragraph No. 2 of the said affidavit, it is, inter alia; stated that Lakshmi Chand (plaintiff-respondent in the second appeal) died on 24.5.2005 in Lok Nayak Hospital, New Delhi leaving behind the said Kishan Chand as his sole heir and legal representative.6. Photostat copy of the death certificate in respect of the death of the said Lakshmi Chand issued by Lok Nayak Hospital, New Delhi, has been filed as Annexure-1 to the said affidavit.7. By...
Smt. Poonam Kesari Vs. Sanjeev Gupta
Court: Allahabad
Decided on: Feb-06-2006
Reported in: 2006(2)AWC1777
Anjani Kumar, J.1. Heard learned Counsel appearing on behalf of the petitioner.2. The petitioner-tenant, who was defendant in a suit, which is pending before the Judge, Small Cause Court filed by the respondent-landlord for the relief of recovery of arrears of rent, damages and ejectment, filed an application during the pendency of the suit before the trial court that since the respondent-landlord has withdrawn the facility of providing water to the petitioner-tenant, therefore the landlord may be directed to provide the same and further restrained him not to disconnect the same in future. This application of the petitioner-tenant has been rejected by the trial court on the ground that this application is not maintainable in the suit for ejectment, as the cause of action in the suit is a different cause of action and no issue to this effect has been framed and since the Court of Small Causes are not required to frame issue while deciding the suit, no preliminary issue can be framed. Ag...
Lakesh Mehta Son of Sri Surendra Kumar Mehta Vs. Sri S.K. Jha, Asstt. ...
Court: Allahabad
Decided on: Feb-02-2006
Reported in: [2006(109)FLR300]; (2006)IILLJ1074All
D.P. Singh, J.1. Heard counsel for the petitioner2. This petition is directed against the orders dated 11.11.2005 and 17.1.2006. By the former order, the departmental proceedings have been initiated against the petitioner and, by the latter order, his request for stay of proceedings has been rejected.3. At the relevant tune the petitioner was Head Cashier of the State Bank of Patiala at Ghaziabad and was also joint custodian of the cash Chest, Bins etc., wherein the cash of the Reserve Bank of India is kept. On 3.5.2005 the Currency Verification Officer was deputed for verifying the cash held in the chest as a part of structured cash verification exercise. He found a shortage of Rs. 2,11,09,500/- in the cash chest. A first Information Report was lodged against the petitioner and another joint custodian and a departmental enquiry' was initiated where charges were framed on 13.10.2005. After investigation in the criminal case, a charge sheet under Sections 120B, 409 IPC read with Section...
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