Allahabad Court March 2006 Judgments
Sudeep Soni S/O Shri Kamlesh Soni, Vs. State of Uttar Pradesh Through ...
Court: Allahabad
Decided on: Mar-31-2006
Reported in: II(2006)DMC128
Amitava Lala, J.1. This writ petition has been made to get an order of quashing of the First Information Report (hereinafter called as F.I.R.) dated 26th October, 2005 lodged by one Sri Ghanshyam Das, respondent No. 4 herein at the sub police station Sitapur, Police Station Karvi, District Chitrakoot, Uttar Pradesh. In pursuance thereof Moqudma Reference No. 39/2005, Case Crime No. 298/2005 under Sections 498 A/326/307/506 of the Indian Penal Code (hereinafter called as I.P.C.) and Section 3/4 of Dowry Prohibition Act has been registered.2. The complainant's case is that on 24th January, 2005 the petitioners i.e., husband, mother-in-law, father-in-law and sister-in-law burnt out complainant's daughter with the help of kerosene oil due to refusal of the demand of dowry. He further stated that a wrong statement was taken from her daughter in respect of burning out at the time of preparation of tea. This incident took place at the residence of the petitioners at village Raghunathganj, Pol...
Tag this Judgment!Raj Kishore Tandon Son of Sri Jugal Kishore Tandon and ors. Vs. Distri ...
Court: Allahabad
Decided on: Mar-31-2006
Reported in: 2006(4)AWC3381
S.U. Khan, J.1. This is landlords' writ petition directed against order of allotment dated 4.4.1985 passed by R.C & E.O. Etawah in favour of original respondent No. 3 Vishwa Narain Chaturvedi since deceased and survived by legal representatives under Section 16 of U.P Act No. 13 of 1972. Through the said order vacancy was declared and accommodation in dispute was allotted to respondent No. 3. Against the said order revision was filed which was dismissed on 20.8.1986. The said judgment is also challenged through this writ petition.2. Building in dispute was allotted to V.N. Chaturvedi in his capacity as Manager / In charge Sunshine School. Allotment order was passed by R.C. & E.O / Additional Magistrate I Etawah in case No. 19 of 1984 Ram Babu and Ors. v. Raj Kishore Tandon and Ors. (Ram Babu was the other applicant for allotment). On 4.4.1985, the date on which allotment order was passed Form B under Rule 12 of the Rules framed under the Act containing the essentials of allotment was a...
Tag this Judgment!U.P. Basic Shiksha Parishad Through Its Secretary and Basic Shiksha Ad ...
Court: Allahabad
Decided on: Mar-31-2006
Reported in: 2006(3)AWC2992; [2006(109)FLR1101]; (2006)IIILLJ417All
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 30.3.1993 (Annexure -1 of the writ petition) passed by Prescribed Authority under the provisions of Payment of Wages Act 1936 in P.W. Case No. 74 of 1991 Smt. Pramila Devi v. District Basic Education Officer, Jhansi and Ors. whereby the prescribed authority has allowed the application of Respondent No. 2 under Section 15(2) of Payment of Wages Act 1936 and granted a sum of Rs. 1,45,376/- as arrears of wage for the period claimed and equal sum of Rs. 1,45,376/- as compensation thus total amount in tune of Rs. 2,90,752/- along with Rs. 200/- cost.2. The relief claimed in the writ petition rests on the allegation that some posts of Assistant teacher in Junior Basic School run by Basic Shiksha Parishad fell vacant in district Jhansi. To fill up the aforesaid posts advertisement was made, inviting applications from desirous candidates. In pursuance thereof several applications were received including that ...
Tag this Judgment!R.S. Singh S/O Late Lok Nath Singh Vs. State of U.P. Through Secretary ...
Court: Allahabad
Decided on: Mar-31-2006
Reported in: [2006(110)FLR780]
V.M. Sahai and Barkat Ali Zaidi, JJ.1. The petitioner is a Instructor (Lecturer Drawing) in a institution of Engineering and Rural Technology, Allahabad. He has been retired at the age of 60 years on 7.3.2006. His contention is that according to the G.O. dated 27.6.1988, (Annexure - 5 to the counter affidavit), he cannot be retired during the current academic session and his retirement will held good after the end of the Session i.e. 30th June, 2006 and his retirement is therefore, illegal and the respondent be directed to permit the petitioner in service till 30.6.2006 and is how this petition.2. Counsel for the parties have been heard.3. Learned Counsel for the respondent Nos. 2 to 4 has opposed the prayer relying ON A Full Bench decision in the case of Prabhat Ranjan Sharma v. Director Technical Education U.P. Kanpur 1998 All. CJ., 951 of this Court, wherein, it has been held that a teacher who has opted his retirement at the age of 60 years, cannot claim extension of service after ...
Tag this Judgment!Lalji Tandon and ors. Vs. City Magistrate and ors.
Court: Allahabad
Decided on: Mar-31-2006
Reported in: 2006(3)AWC2223
S.U. Khan, J.1. In this writ petition, interpretation of Section 29-A (5) of U.P. Act No. 13 of 1972 is involved. Sub-sections (2), (3) and (5) of Section 20-A are quoted below:29-APROTECTION AGAINST EVICTION TO CERTAIN CLASSES OF TENANTS OF LAND ON WHICH BUILDING EXISTS: XXX XXX XXX(2) This section applies only to land let out, either before or after the commencement of this section, where the tenant, with the landlord's consent has erected any permanent structure and incurred expenses in execution thereof.(3) Subject to the provisions hereinafter contained in this section, the provisions of Section 20 shall apply relation to any land referred to in Sub-section (2) as they apply in relation to any building. xxx xxx xxx(5) The District Magistrate on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land, and such rent shall be payable, except as provided in ...
Tag this Judgment!Kewla Prasad S/O Bidesi Vs. Bank of Baroda, Branch Meja Road Through I ...
Court: Allahabad
Decided on: Mar-31-2006
Reported in: 2006(3)AWC2976
A.P. Sahi, J.1. The petitioner, a villager and a farmer has filed this writ petition to save his prized possession of a small parcel of land by filing this writ petition, challenging the auction proceedings in favour of the respondent No. 6 Rama Kant Patel, which property had been auctioned against a loan advanced by the Bank of Baroda to the petitioner for the purchase of a vehicle (make trekker of Hindustan Motors Ltd.,) bearing Registration No. UGV 521 way back in the year 1986.2. The loan was approximately Rs. 70,000/- which the petitioner attempted to return by making certain initial deposits but later on defaulted as a result whereof the respondent bank proceeded to issue a recovery certificate addressed to the Collector for recovery of unpaid dues from the petitioner as arrears of land revenue under the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950. The recovery appears to have been initiated as per the terms of the agreement with the bank.3. The agricultural...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Mohan Lal and anr.
Court: Allahabad
Decided on: Mar-31-2006
Reported in: I(2007)ACC785; 2007ACJ555
S.S. Kulshrestha, J.1. Heard learned counsel for the parties and also perused the materials on record.2. This appeal is brought against the judgment and orders dated 3.1.2006 passed by the Motor Accidents Claims Tribunal/ Additional District Judge, Auraiya (for short, 'the Tribunal') in M.A.C.T. No. 86 of 2000 whereby awarding Rs. 62,000 along with 6 per cent interest per annum from the date of filing the claim petition. It is said that the trial court has not properly appreciated the evidence on record. The accident was caused due to rash and negligent driving of Fiat car No. UHH 2100 (Sic. by the deceased), who was driving the car himself. He collided with the parked truck No. UPG 2108 and for that no liability can be fastened on the insurance company. Moreover, there was contributory negligence on the part of the driver of Fiat car and the amount of compensation could be apportioned between the owner of the truck No. UPG 2108 and the owner of Fiat car. At the most the liability of t...
Tag this Judgment!Smt. Kamlesh Vs. Mukhya Nirwachan Ayukt and ors.
Court: Allahabad
Decided on: Mar-30-2006
Reported in: 2006(2)AWC1720
B.S. Chauhan, J. 1. This petition involves a substantial question of law as to whether after declaration of the result by the Returning Officer and issuance of the certificate of declaration in favour of a successful candidate, the Returning Officer has the competence to order for recount of the votes or issue a certificate in favour of any other candidate on the ground that certain votes had not been counted before the declaration of the result. 2. The facts and circumstances giving rise to this case are that the petitioner was a candidate for the post of member of Block Development Committee (hereinafter called the 'B.D.C.') for Kshetra Panchayat Swar, district Rampur. The election was held on 23.10.2005 and after the counting of votes, it was found that the petitioner secured 378 votes while the respondent No. 3 Smt. Surja secured only 337 votes and another candidate Geeta could secure only 24 votes. On the basis of this counting, the Returning Officer, respondent No. 2 declared the...
Tag this Judgment!Director General, Central Reserve Police Force, Inspector General of P ...
Court: Allahabad
Decided on: Mar-30-2006
Reported in: 2006(4)AWC3361; [2006(109)FLR1139]
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. Heard Sri K.C. Sinha, learned Counsel appearing for the appellants-respondents and the learned Counsel appearing for the respondent-writ petitioner.2. This appeal has been filed against the judgment and order dated 9.11.2005 passed by a learned Single Judge disposing of the writ petition filed by the respondent-writ petitioner, quashing the order passed by the appellants-authorities rejecting the application of the respondent-writ petitioner seeking compassionate appointment. Learned Single Judge by the said judgment has remitted the matter back to the authority concerned to consider and decide the matter again.3. Brief facts necessary for deciding the matter are; the husband of the respondent-writ petitioner Late Constable D.N. Choubey died on 15.12.2001, while working in Central Reserve Police Force. After the death of the husband, an application was made on 17.9.2002 by the respondent-writ petitioner seeking compassionate appointment. The ...
Tag this Judgment!Radhey Shyam S/O Late Ram Gulam Sharma Vs. Deputy Director of Consolid ...
Court: Allahabad
Decided on: Mar-30-2006
Reported in: 2006(3)AWC2304
S.N. Srivastava, J.1. Although writ petition in hand appears to have been filed with usual relief of quashing the impugned order dated 6.1.2005, passed by Consolidation Officer Bareilly, a deeper delving into the grievance unfolds a pathetic picture of avoidable harassment of the petitioner since the year 2004 in which year correction application was made by him seeking correction in the order dated 25.1.1989 passed by the Consolidation Officer in case No. 390 wherein it would appear a mistake had crept in i.e. in describing Khata No. 74 as Khata No. 174.2. It would appear from the record that the petitioner made an application for correction in the revenue record pertaining to Khata No. 74, which was mistakenly described as Khata No. 174 in the order of Consolidation officer dated 25.1.1989 to which a report was called for from Consolidation Lekhpal who submitted his first report on 6.12.2004 and thereafter, again on 2.1.2006 stating that there was no Khata by the number 174 in the vi...
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