Allahabad Court April 2006 Judgments
Mohd. Ishaque Son of Late Mohd. Shafi and Vs. the State of Uttar Prade ...
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC2564
S.N. Srivastava, J.1. While being seized of the controversy involved in this petition, attention of the Court was drawn to a disquieting feature that petitioners have abused the process of the Court by filing a second petition for the selfsame reliefs the first one having met the fate of dismissal vide order dated 24.8.2005 passed in writ petition No. 55430 of 2005. Consequently, a detailed order was passed on 18.10.2005, issuing notice to the petitioners to appear in person on 9.12.2005 to show cause why proceeding be not launched against them for making false averments. On 27.2.2006, again a detailed order was passed directing Sub Divisional officer Tahsil Sadar Allahabad to produce alongwith the record the enquiry report fixing responsibility for non-compliance with the order of the Court dated 31.1.2006 communicated through letter dated 6.2.2006 by which Standing counsel was required to produce notification with a view to ascertain whether U.P.Z.A. & L.R. Act was applicable to the ...
Tag this Judgment!Hari Shanker Rai Son of Sri Vijai Bahadur Rai Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(4)AWC3522
Rakesh Tiwari, J.1. This petition is directed against the order dated 13.1.2005 passed by the Assistant Registrar, Firms Societies and Chits, Azamgarh. It is prayed that the aforesaid order dated 13.1.2005 be quashed and respondent No. 2, Assistant Registrar, Firms Societies and Chits, Azamgarh be commanded not to recognize and attest the signature of the respondent No. 4, Shri Lav Kumar s/o Shri Raj Bahadur Rai as Manager of the Committee of the Management of the Society on the basis of alleged forged and manipulated election said to have been held on 26.12.2004 by him.2. The case set up by the petitioner is that Imdadi Middle School Bibipur Kadeem, District Azamgarh is a Society registered under the Societies Registration Act, 1860, (hereinafter referred to as the Act). The registration of the Society has been renewed by certificate granted by the respondent No. 2 dated 3.1.2002. The Society is governed by its own byelaws, which has been appended as Annexure No. 1 to the writ petitio...
Tag this Judgment!Dhankari Investments Ltd., a Company Incorporated Under the Companies ...
Court: Allahabad
Decided on: Apr-28-2006
Reported in: [2006]132CompCas749(All); (2006)6CompLJ519(All); [2006]72SCL191(All)
Sunil Ambwani, J.1. Heard Shri R.P. Agarwal, learned Counsel for the petitioner and Shri Arnab Banerjee for the Official Liquidator, U.P. and Uttaranchal.2. Dhankari Investments Ltd., a company incorporated under the Companies Act, 1956 with its registered office at IInd Floor, Dharam Market, Section-27, Atta, NOIDA, UP (in short the company) through its Liquidator Sri V.P. Ghuliani, has filed this company petition under Section 466/518 of the Companies Act, 1956 (in short, the Act) to permanently stay the especial resolutions of voluntary winding up passed by the shareholders of the company in their meeting held on 2.6.2005; to restore the powers to the management of the affairs of the company to the directors; to permit the Liquidator to handover charge of the company to the directors and to discharge him from proceeding further with the winding up of the company and to pass such other and further orders as the Court may deem fit, to give effect to the special resolution passed by th...
Tag this Judgment!In Re: Banaras Beads Ltd.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: [2006]132CompCas548(All); (2006)6CompLJ342(All); [2006]72SCL178(All)
Sunil Ambwani, J.1. Heard Shri R. P. Agarwal, learned counsel for the petitioner companies and Shri Navin Sinha, senior advocate assisted by Shri Vipin Sinha for Shri Raj Kumar Gupta, the objector to the scheme of amalgamation considered for approval in the meetings of the shareholders of the companies and creditors of the transferor company convened by the court and held on February 6, 1999, under the orders of this Court under Section 391 of the Companies Act, 1956 (in short 'the Act').2. The Banaras Beads Ltd. with its registered office at A1, Industrial Estate, Varanasi, the transferor company is sought to be amalgamated with the BBL Beads Limited with its registered office at the same address at Varanasi, the transferee-company. The scheme does not give the background of disputes between the two groups of shareholders, which were sought to be settled through an arbitration of the hon'ble Mr. Justice A.N. Gupta, the then sitting judge at Lucknow Bench. He gave an award on November ...
Tag this Judgment!Life Insurance Corporation of India Through the Zonal Manager, Life In ...
Court: Allahabad
Decided on: Apr-28-2006
Reported in: AIR2006All338
Prakash Krishna, J.1. This revision is under Section 75(1) First Proviso of the Provisional Insolvency Act (hereinafter referred to as the Act) on behalf of a creditor (who was a party as non petitioning creditor in the insolvency proceedings). Its application to recall the order dated 5th of October, 1962 passed on the application of other creditors who were petitioners in the petition to adjudge Smt. Kamla Bai as insolvent, has been dismissed by the Insolvency Judge.2. Two persons, namely Lala Raja Ram and Lala Madho Ram, filed creditor's petition before the Insolvency Judge for declaring Smt. Kamla Bai, opposite party No. 6 (in the present revision) insolvent and cancellation of sale deed dated March 10, 1960 executed by her in favour of Shri Kant who was arrayed as opp. party No. 7 in the insolvency petition. It was registered as case No. 37 of 1960. Besides Smt. Kamla Bai and Shri Kant other persons namely Lok Narain, Jaggannath, Cooperative Insurance Company through Life Insuranc...
Tag this Judgment!Laxmi NaraIn and ors. Vs. Brij Bhushan (D.) by L.Rs. and ors.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(4)AWC3197
Sunil Ambwani, J.1. The Impleadment application of Shri Ram Gopal Verma and Shri Shiv Shanker Verma as appellant Nos. 5 and 6 was allowed by this Court on 5.8.2003. The impleadment has been carried out.2. A compromise application under Order XIII, Rule 3. Code of Civil Procedure of the claim regarding the share of, and as far as Shri Laxmi Nath and Shri Padamnath (respondent Nos. 1/2 and 1/3) verified by the Registrar General of this Court dated 23.9.2003 is pending. The application encloses the affidavits of Laxmi Nath and Shri Padamnath both sons of late Brij Bhushan stating that they have no concern with the house In dispute. The application is allowed. Both these applicants shall be treated to have given up their claims as against the appellants.3. The dispute relates to house No. 46/35 and 46/36, Mohalla Manihari Tola, Dashshwamedh Ward, Varanasi. The upper portion of House No. 46/35 has fallen down. House No. 46/36 has three floors. The first and second floor of this house was va...
Tag this Judgment!CaptaIn Jagdish Chandra Varshney Vs. Smt. Muni Varshney and anr.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: AIR2006All347
ORDERSunil Ambwant, J.1. With consent of parties, the following issues were framed as preliminary issue to be decided before framing further issues;Whether in view of Section 236 of the Indian Succession Act 1925, 'Letters of Administration' can be granted of the estate of the deceased to a registered society.2. Heard Shri Virendra Pal Varshney, learned Counsel for the plaintiff and Shri Navin Sinha, Senior Advocate for Archana Varshney, heir and legal representative of Smt. Muni Varshney- caveator and the widow of Cap. Jagdish Chandra Varshney, the deceased-testator, whose will dated 26.9.1999 is sought to be administered by the plaintiff.3. Brief facts giving rise to the Suit as stated in pleadings are that Captain Jagdish Chandra Varshney (the deceased), son of late Shri Tej Pal Varshney, resident of 44/41 Dilkusha Naya Katra, Lajpatra Rai Marg. Allahabad died on 21-12-1998 leaving behind his widow Smt. Munni Varshney and caveator Sri Gyanendra Kumar. The deceased did not leave behi...
Tag this Judgment!Rajendra Singhal Vs. Gulshan Chabaq
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC2902
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner, tenant of the accommodation in question, which is a shop, has challenged the order dated 24th December, 2005, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, hereinafter referred to as 'the Act', whereby the appellate authority has allowed the appeal filed by the respondent-landlord and set aside the order dated 19th August, 2004 by which the prescribed authority under 'the Act' has rejected the release application filed by the respondent-landlord.2. The brief facts of the present case are that Gulshan Chabaq, who is owner and landlord of the accommodation in question to which the petitioner is tenant filed an application under Section 21(1)(a) of 'the Act', before the prescribed authority with the prayer that the accommodation in question, which is a shop, requires bona fide by the respondent-landlord for settling down his son in...
Tag this Judgment!L.i.C. of India Vs. Lala Raja Ram and ors.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC3010
Prakash Krishna, J.1. This revision is under Section 75(1) First Proviso of the Provincial Insolvency Act (hereinafter referred to as the Act) on behalf of a creditor (who was a party as non-petitioning creditor in the insolvency proceedings). Its application to recall the order dated 5th of October, 1962, passed on the application of other creditors who were petitioners in the petition to adjudge Smt. Kamla Bai as insolvent, has been dismissed by the insolvency Judge.2. Two persons, namely Lala Raja Ram and Lala Madho Ram, filed creditor's petition before the Insolvency Judge for declaring Smt. Kamla Bai, opposite party No. 6 (in the present revision) insolvent and cancellation of sale deed dated March 10, 1960 executed by her in favour of Shri Kant who was arrayed as opp. party No. 7 in the insolvency petition. It was registered as case No. 37 of 1960. Besides Smt. Kamla Bai and Shri Kant, other persons namely Lok Narain, Jaggannath, Cooperative Insurance Company through Life Insuran...
Tag this Judgment!Jagdish and ors. Vs. Dinesh Chandra Garg and anr.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC3038
Anjani Kumar, J.1. The petitioners, who are tenant of the accommodation in question, by means of present writ petition under Article 226 of the Constitution of India, have challenged the order passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972 (in short 'the Act') dated 16.1.2006, whereby the appeal filed by the petitioners-tenants has been dismissed by the appellate authority against the order of the prescribed authority under 'the Act' dated 2.8.2004, by which the prescribed authority has allowed the release application filed by the respondents-landlords, copies whereof are annexed as Annexures-5 and 3, respectively to the writ petition.2. The brief facts of the present case are that admittedly the respondents No. 1 and 2 are the landlords of the accommodation in dispute in which the petitioners are tenants. The landlords filed applications under Section 21(1)(a) and 21(1)(b) of 'the Act' before the prescribed authority on the ground that the land...
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