Allahabad Court February 2006 Judgments
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Anar Devi Wife of Late Shri Baburam and Smt. Phoola Devi Wife of Shri ...
Court: Allahabad
Decided on: Feb-02-2006
Reported in: 2006(2)AWC1847
S.N. Srivastava, J. 1. This writ petition is directed against the order dated 13.1.2006, passed by the Deputy Director of Consolidation, Agra by which he has permitted contesting Opp. party No. 2 herein to get examined thumb impression from expert as prayed by Jeetpal-revisionist.2. The facts giving rise to the present petition are that the dispute relates to one third share of Jamuna Prasad Son of Shiv Singh. After the death of Jamun Prasad, his property devolved upon his two sons Ram Dayal and Ram Chandra, who were issueless. Ram Dayal predeceased Ram Chandra. According to petitioners, Ram Chandra executed a registered will in their favour on 16.4.1971 in respect of his moveable and immoveable properties. Ram Claandra died on 13.8.1978. On the basis of the registered will, petitioners filed an application for mutation before Tehsildar, Bah, District Agra, which was allowed on 22.7.1978. Contesting Opp. parties-Kali Charan, Sripal and Devi Ram also filed an application for mutation on...
Narendra Singh Son of Sri Babu Ram, Vs. State of U.P. Through Collecto ...
Court: Allahabad
Decided on: Feb-01-2006
Reported in: AIR2006All164; 2006(3)AWC2151
Vineet Saran, J.1. The petitioners purchased a plot of land measuring 614.55 Square metres situate at Delhi-Saharanpur road in district Saharanpur for a consideration of Rs. 4,00,000/- only, on which the requisite stamp duty of Rs. 81,500/- was paid at the market value assessed at Rs, 8,15,800/-, which was on the basis of the circle rate fixed by the Collector for residential area. Thereafter the petitioners had also got sanctioned a map from Saharanpur Development Authority for construction of residential house on the said plot. Subsequently on 28.9.2002, the Respondent No. 3 issued notices to the petitioners under Section 37/47A/33 of the Indian Stamp Act, to which the petitioners filed their objections. By order dated 13.3.2003, the Respondent No. 3 Additional Collector (Finance & Revenue), Saharanpur rejected the objections of the petitioners and held that the value of the property should be assessed at the circle rate fixed for commercial area, which was at Rs. 5,000/- per sq. met...
Mohd. Rais Khan Vs. Naseeb Ullah Khan and ors.
Court: Allahabad
Decided on: Feb-01-2006
Reported in: AIR2006All166; 2006(3)AWC2147
ORDERUmeshwar Pandey, J.1. Heard learned Counsel for the parties.2. In this writ petition the petitioner has challenged the order dated 23-12-2005 passed by the revisional court.3. A Suit for permanent injunction filed by the contesting respondent No. 1 an application under Order XXXIX, Rule 1 and 2 C.P.C was also moved for grant of temporary injunction. The trial court not being fully satisfied for granting exparte injunction order directed notices to be issued to the defendant petitioner as well as proforma respondents.4. Aggrieved against that order Civil Re- vision No. 219 of 2005 was preferred by the plaintiff before the District Judge an by the impugned order the District Judge admitted the same and directed the notice to be issued to the petitioner defendant and proforma respondents/ defendants. He has also passed the interim order directing both the parties to maintain status quo regarding property in question.5. It has been submitted from the side of petitioner that the very o...
State of U.P. and anr. Vs. Sadhu Ram Mittal
Court: Allahabad
Decided on: Feb-01-2006
Reported in: 2006(4)AWC4176
O.N. Khandelwal, J.1. This revision under Section 115 of the C.P.C. has been preferred against the order dated 2.4.2004, passed by District Judge, Lucknow in an execution case whereby revisionists' objection moved under Section 47 of the C.P.C. has been rejected.2. Relevant facts of the case, are that in pursuance of an agreement between the parties of this revision, with regard to execution of some work in Joshi Math, district Chamoli (now in Uttaranchal), the dispute was referred to the arbitrator by order of the High Court dated 24.3 1998 under Section 11(6) of the Arbitration and Conciliation Act, 1996.3. Sri G.S. Pandey the then District Judge, Faizabad, was appointed as arbitrator. The claim of the respondent was allowed partly whereby he was held entitled to get Rs. 2,24,111 alongwith interest from the opposite party (i.e., State of U.P. and the Engineer-in-Chief P.W.D., Lucknow).4. The award dated 12.7.2002 was put to execution against the revisionists. The revisionists in thei...
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