Allahabad Court April 2006 Judgments
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Mohd. Vakil Khan Son of Sri Hawaldar Khan Vs. State of Uttar Pradesh T ...
Court: Allahabad
Decided on: Apr-25-2006
Reported in: [2006(110)FLR438]
Shishir Kumar, J. 1. The present writ petition has been filed for quashing the orders-dated 31.3,1998 and 31.3.1998 (Annexures 9 and 10 to the writ petition) passed by the respondent No. 2 and 3. Further issuing a writ in the nature of mandamus commanding the respondents to reinstate the petitioner on the post on which he was working and treat him to be a regular employee on the post on which he was appointed.2. The facts arising out of the present writ petition are that the petitioner was appointed on the post of pharmacist on 17.5.1976. From 17.5.1976 to 20.1.1986, the petitioner was working on the same post at same place that is Ram Nahar (Urua) and Karchana, Allahabad. The petitioner was transferred from Allahabad to Farrukhabad by order of the Joint Director, Allahabad Region, Allahabad, dated 24/25.6.1984 but the petitioner was relieved from Women Hospital, Karchana on 20.1.1986, The petitioner joined the duties under Chief Medical Officer Farrukhabad on 22.1.1986. Thereafter the...
Om Prakash and ors. Vs. Sri Kunwar Pal and anr.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(3)AWC2550
Shishir Kumar, J.1. By means of the present writ petition the petitioners have approached this Court for issuing a writ in the nature of certiorari quashing the order dated 29.4.2004 (Annexure-6 to the writ petition).2. The facts arising out of the present writ petition are that the petitioners' father purchased house property from one Sri Khacheru Mal and Lalji, both sons of Sri Gopal through a registered sale deed and since then they are enjoying their possession over the aforesaid house property continuously as owners of the said house. At the time of purchase of the house there was only one kachcha kotha constructed and later on the father of the petitioners got constructed two rooms and a verandah after demolishing the kachcha kolha, leaving some land vacant as an open area. When the defendant-respondent No. 1 without having any right threatened to raise illegal construction over the vacant land of the petitioners with the help of police administration, the petitioners' father had...
Syed Zafar Ali and anr. Vs. Saeed Ahmad Alias Dhungi and ors.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: AIR2006All300; 2006(3)AWC3114
Umeshwar Pandey, J.1. Heard learned Counsel for the parties.2. The petitioner plaintiffs have challenged the order of the District Judge dated 12.4.2006, whereby their appeal preferred under Order XLIII, Rule 1(r). C.P.C. has been dismissed as not maintainable.3. The plaintiffs filed a suit before the trial court being Original suit No. 165 of 2006 in which they also moved an application under Order XXXIX, Rules 1 and 2, C.P.C. praying for grant of temporary injunction. The trial court vide its order (Annexure-7) dated 1.4.2006 instead of passing an order granting ex parte injunction, directed issuance of notice to the respondents-defendants fixing a date inviting objections/counter-affidavit from them and also fixed a date for disposal of the said temporary injunction application. Against this order of the trial court the petitioners preferred an appeal before the District Judge concerned which has been dismissed as not maintainable by the impugned order.4. While challenging the afore...
Malkhan Singh Vs. Smt. Vimala Devi and anr.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(4)AWC3340
ORDERVineet Saran, J.1. One Smt. Vimala Devi filed a succession case claiming herself to be the widow of late Adhar Singh. The said miscellaneous case was filed in April, 2003. The petitioner filed his written statement on 5.9.2003. Thereafter the evidence of the said Vimala Devi had been closed and the petitioner was granted time to adduce evidence. At this stage the petitioner filed an application on 17.2.2006 seeking amendment of his written statement. By order dated 14.3.2006 the said application of the petitioner has been rejected. Aggrieved by the said order, the petitioner has filed this writ petition.2. I have heard learned Counsel for the petitioner and have perused the record.3. The amendment is being sought after nearly three years of the filing of the case and more than two years of the filing of the written statement by the petitioner which is to the effect that the applicant Vimala Devi is not the widow of late Adhar Singh ; that a fabricated case has been filed by Vimala...
Smt. Raj Kumari Vs. Iind A.D.J. and ors.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(4)AWC3383
S.U. Khan, J.1. Both these writ petitions have been filed by the tenants against the same Judgments and orders passed against them by the prescribed authority as well as appellate court in proceedings for release of accommodation in dispute (shop No. 349 Sadar Bazar, Jhansi) on the ground of bona fide need under Section 21 of U.P. Act No. 13 of 1972 initiated by original landlord respondent No. 3 Radha Kishan Agarwal. The release application was registered as Case No. 88 of 1984 on the file of Prescribed Authority/Munsif I, Jhansi. Release application was allowed on 19.4.1985. Against the said judgment and order tenants/petitioners of second writ petition filed R.C. Appeal No. 30 of 1985. Appeal was dismissed by IInd Additional District Judge, Jhansi, through judgment and order dated 21.2.1987, hence these writ petitions.2. Initially Gulab Chand was the original tenant and after his death Prem Chand became the tenant. When release application was filed Prem Chand had also died. In the ...
Employees State Insurance Corporation Vs. Asgar Abbas Rizvi
Court: Allahabad
Decided on: Apr-25-2006
Reported in: IV(2006)ACC337
S.S. Kulshrestha, J.1. Heard the learned Counsel for the respondent and also perused the materials on record.2. It is said that no substantial question of law is involved. Even at the time of admission of the appeal on 24.9.1997, no such substantial question of law was drawn. In order to facilitate disposal of this appeal, it may be mentioned that it is admitted case of the parties that Mr. Asgar Abbas Rizvi was under employment (labour) of M/s. Elgin Mills, Kfanpur. In the course of his duty, on 26.3.1982 he sustained eye injury. He was referred to the Medical Board on 3.4.1991 who opined it to be the injuries on the left eye but the loss of earning capacity was considered to be nill. Against the decision of the Medical Board, Appeal No. 117 of 1991 was preferred before the learned Judge, Employees Insurance Court, Kanpur. It was on the basis of admitted case of the parties with regard to sustaining of the injuries and also on the basis of evidence adduced the Court adjudicated 30% lo...
Pradeep JaIn Vs. Juggilal Kamlapat Jute Mill Co. Ltd.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: [2007]137CompCas799(All)
Sunil Ambwani, J.1. In this creditor's winding up petition filed after giving statutory notice, a return has been filed stating that the company was declared as 'sick industrial undertakings' and the matter is still pending before the Board for Industrial and Financial Reconstruction.2. In the counter affidavit of Arvind Kumar Dave, it is stated that reference was registered by the Board for Industrial and Financial Reconstruction as Case No. 149 of 1994. The company was declared a sick industrial company and the IFCI appointed as 'operating agency'. The Board for Industrial and Financial Reconstruction sanctioned a scheme for rehabilitation on November 20, 1995, under Section 18(4) read with Section 19(3) of the Sick Industrial Companies (Special Provisions) Act, 1985, to be implemented within ten years. Since the scheme could not implemented, the Board by its order dated July 5, 2004, found that the company should be wound up on which the Misc. Company Application No. 1 of 2004 was r...
Ziya-ul-uloom Higher Secondary School Through Manager MohsIn Gayyur So ...
Court: Allahabad
Decided on: Apr-24-2006
Reported in: 2006(3)AWC2843
S.N. Srivastava, J.1. Challenge in this petition is to the order dated 6.5.2003 passed by Deputy Director, Consolidation whereby revision was dismissed and the order passed by appellate authority dated 14.12.2002 was affirmed by which the appellate authority had rejected the restoration application preferred against an order dated 6.8.2002 passed in Appeal No. 175/636.2. The facts beyond the pale of dispute are that in the previous consolidation proceeding, the land in dispute i.e. plot No. 61 admeasuring 0.51 acre was recorded in the revenue record as play ground -a Gaon Sabha property. From a perusal of Khatauni 1380 Fasli, it would appear that the said land has been recorded in the name of Zia-UI-Uloom Higher Secondary School ostensibly pursuant to order dated 25.7.1975 stated to have been passed by Sub Divisional officer. However, copy of the order aforesaid is not available on record and it finds mention in Khatauni only. It would further appear from the record that pursuant to no...
Rajveer, Vs. Sub Divisional Magistrate and ors.
Court: Allahabad
Decided on: Apr-24-2006
Reported in: 2006(3)AWC2557
S.N. Srivastava, J.1. By means of this petition, the petitioners have assailed the order dated 30.1.2006 passed by Sub Divisional Officer, Dadri, District Gautam Budh Nagar whereby entries recorded in the computerized Khatauni in the names of petitioners were expunged.2. The cynosure of attention in the instant petition is the plot bearing No. 235 (Old No. 137) admeasuring 6 Bighas, 9 Biswas and 12 Biswansi which according to the facts on record was admittedly Gaon Sabha land and the same came to be recorded on 22.2.1980 in the name of Mukhtar Hussain son of Chaman, Syed Murtaza son of Ashfaq Husain and Masoom Raza son of Moazzam Raza ostensibly without any order by any competent authority or without basis of any valid title. It would appear from the record that the said entry was found fictitious and forged by reason of the fact that there was no order for such allotment in favour of the above-mentioned persons nor was there any indicium on record to show that they acquired any right ...
Committee of Management Sri Swami Krishnanand Intermediate College Thr ...
Court: Allahabad
Decided on: Apr-24-2006
Reported in: 2006(3)AWC2848
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the records.2. Shri Swami Krishnanand Intermediate College, Balwar, Jaunpur is an aided recognised institution and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921 and U.P. Act No. 24 of 1971.3. The Deputy Director of Education has approved scheme of administration by which the term of committee of Management is specified for a period of 3 years with a stipulation that after the expiry of the term, the Committee of Management shall be entitled to continue for a period of one month and in case fresh election is not being conducted, the Deputy Director of Education shall appoint Prabandh Sanchalak for getting fresh election held.4. On 2.4.2000 election of Committee of Management was conducted in which Shri Ram Naresh Mishra was elected as President and Shri Sita Ram Tiwari was elected as Manager and they were granted approval by the D.I.O.S. by the order dated 1.5.2000. In view of the provision, ...
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