Allahabad Court May 2006 Judgments
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Satyam Prakashan and ors. Vs. Canara Bank and anr.
Court: DRAT Allahabad
Decided on: May-02-2006
Reported in: I(2007)BC58
1. This appeal has been preferred against the judgment and order dated 15th February, 2005 passed by the learned Presiding Officer (In-charge), D.R.T., Lucknow in appeal No. 18/03, whereby and whereunder the order passed by the Recovery Officer in D.R.C. No.220/02/LKO regarding sale and confirmation of the sale in pursuance of the recovery certificate has been upheld and confirmed.2. The immovable property of the appellant Satyam Prakashan was mortgaged to the respondent-Canara Bank of Chauri Chauki branch, Bareili as a security towards the loan advance to the same firm. When the appellant failed to repay the loan amount, a case was filed against them by Canara Bank and the same was decreed and as per decree recovery certificate was issued on the basis of which D.R.C. No. 220/02 was filed by the Canara Bank before the Recovery Officer at Lucknow. In the process of recovery, the mortgaged property was sold in auction on 11th August, 2003 at a sum of Rs. 20 lacs and odd. The auction pur...
Bank of India Vs. United Western Bank Ltd.
Court: DRAT Allahabad
Decided on: May-02-2006
Reported in: I(2007)BC246
1. Both the appeals have been heard analogous as they arise out of the same impugned judgment passed by the learned Presiding Officer, D.R.T., Jabalpur in T.A. No. 312/98, whereby and whereunder the claim of the United Western Bank Limited (appellant in Appeal No. R-432/04 and the respondent No. 1 in Appeal No. 385/04) to the tune of Rs. 21.12,848.84 together with interest and cost has been allowed against the defendant Nos. 5 to 7 i.e. the appellants in appeal No. 385/04 and respondent Nos. 5 to 7 in appeal No. 432/04 leaving aside the other defendant-respondents from the liability. Before going into the merit of the appeal, the brief facts of the case are required to be reiterated.2. Sonu Cotton Traders is a proprietary firm and is engaged in business of cotton and having dealings with the applicant Bank i.e. United Western Bank Limited for long. On the request of the firm i.e.defendant No. 1 the applicant Bank granted the Bill Purchase Limit of Rs. 14 lakh to the firm for the busin...
Jai Foods Pvt. Ltd. and ors. Vs. State Bank of India and ors.
Court: DRAT Allahabad
Decided on: May-02-2006
Reported in: I(2007)BC26
1. This appeal has been preferred against the order dated 24th March, 2004 passed by the learned Presiding Officer, D.R.T., Allahabad in T.A.No. 564/2000, whereby and whereunder the prayer of amendment of the plaint by the respondent Bank has been allowed.2. The brief facts of the case is that the respondent-Bank filed the recovery suit for Rs. 31,20,367.80 against the appellant and the respondent Nos. 2 and 3 in the year 1994 before the Court of Civil Judge, Kanpur Nagar. After constitution of Tribunal under the RDDBFI Act the suit was first transferred to Jabalpur D.R.T. and after setting up of D.R.T., Allahabad it has been re-transferred and was registered as T.A. No. 564/2000. The appellants had filed written statement along with evidence on 17th July, 2001 before the Tribunal at Allahabad. The grounds taken in the written statement by the appellants were that the claim is barred by limitation and that the accounts are not proper and remained non-explained, etc., etc. After writte...
Ram Nagina Das Chela (Disciple) Amla Das Vs. Deputy Director of Consol ...
Court: Allahabad
Decided on: May-02-2006
Reported in: 2006(4)AWC3469
S.N. Srivastava, J.1. This writ petition is directed against the order dated 18th January, 2006, passed by Deputy Director of Consolidation, Deoria, Annexure-10 to the writ petition.2. In the Basic year Sri Shanti Hanuman Ji (Deity) through Sarvakar Haridas was recorded as tenure-holder. It transpires from the record that in C.H. Form-23 some entries were made on the basis of an order allegedly passed in conciliation proceedings by Assistant Consolidation Officer. It further appears from the record that Haridas who was Sarvakar of the tenure-holder (Deity) moved an application that this is a forge entry as no order was passed by Assistant Consolidation Officer in conciliation proceeding and same may be expunged. The matter came up before this Court in Writ Petition 32133 of 1999 wherein this Court while remanding the matter directed that petitioners are entitled to get opportunity on the question whether entry is forge or not. On remand, the matter was enquired into and it was found th...
Rajesh Kumar Singh Son of Late Shri Raj NaraIn Singh, Lower Division C ...
Court: Allahabad
Decided on: May-02-2006
Reported in: [2006(111)FLR233]
Rakesh Tiwari, J. 1. Heard counsel for the parties and perused the record.2. The petitioner was appointed as Lower Division Assistant on 16.1.1996 on compassionate ground. He made a representation-dated 28.12.98 to the respondents for appointment on the post of Upper Division Clerk claiming parity with some other persons who were appointed on compassionate ground. The representation of the petitioner was rejected by respondent No. 3 vide order dated 6/9/10.11.99. The petitioner again moved an application-dated 24.12.1999 as well as reminder-dated 5.6.2000 reiterating his claim which was also rejected by respondent No. 3, the Director Administration, Khadi & village Industries Commission, Lucknow.3. Aggrieved the petitioner preferred an appeal on 5.7,2000 before the Chairman/Chief Executive Officer, Khadi and Village Industries Commission, 3, Irla Road, Vile Parley (West) Mumbai. Since the appeal was not being decided by respondent No. 2, he filed writ petition No. 52369 of 2004 before ...
Abdul Mateem Vs. Mehandi Hasan and anr.
Court: Allahabad
Decided on: May-02-2006
Reported in: 2006(3)AWC3101
Rajes Kumar, J.1. By means of present writ petition, petitioner has challenged the order dated 18.12.2003, passed by District Judge. Varanasi in Civil Revision No. Nil of 2003, Mehandi Hasan v. Abdul Yatin, filed against the order of the IIIrd Additional Civil Judge (Junior Division), Varanasi dated 1.12.2003, by which amendment application of the petitioner/defendant has been rejected. District Judge, Varanasi upheld the order of the Illrd Additional Civil Judge (Junior Division), Varanasi.2. Respondent No. 1 has filed a suit for permanent injunction against the petitioner and others for restraining them from opening any door or window on the wall and the galiyaras in dispute not be used as rasta and they may also be restrained from damaging sewer situated in the land in dispute. Respondents No. 3 and 4 have alleged themselves to be the owner and in possession of the disputed galiyara. The suit filed by the respondents No. 3 and 4, was registered as Original Suit No. 46 of 1988 before...
Saima W/O Abdul Quyyum (In Jail) Vs. the State of U.P.
Court: Allahabad
Decided on: May-01-2006
Reported in: I(2007)DMC407
K.N. Ojha, J.1. Heard Sri Mithlesh Kumar Tiwari, learned Counsel for the applicant and Sri Virendra Singh, learned Counsel for the complainant, learned A.G.A. and have gone through the record.2. Applicants Smt. Saima and Matloob are in jail in Crime No. 1702/2005 under Sections 498A, 307, 304B IPC and 3/4 Dowry Prohibition Act, P.S. Nazibabad, district Bijnor.3. Since both applications have been moved in respect of same occurrence in crime No. 1702/2005, therefore, both these applications are to be disposed of by common order.4. According to prosecution Jahangir resident of village Noor Basti, P.S. Kotwali Nagar, Saharanpur lodge FIR under Section 498A/307 IPC and 3/4 Dowry Prohibition Act containing the fact that he had married his sister Smt. Jahanara with accused Matloob on 30.11.1999. Abdul Quyyum is father-in-law of deceased Smt. Jahanara, Jafar is Devar, Rais is Jyestha and Smt. Saima who is applicant in this case is mother-in-law. It is said that since the time Smt. Jahanara wen...
i.B.P. Company Limited (Business Group (Petroleum)), (Government of In ...
Court: Allahabad
Decided on: May-01-2006
Reported in: 2006(4)AWC3465
S.U. Khan, J.1. Writ Petition has been filed by the tenant I.B.P. Company Limited, and is directed against the order of the Rent Control and Eviction Officer dated 31.12.1993 under Section 29-A(5) of U.P. Act No. 13 of 1972 fixing the rent of the tenanted accommodation at Rs. 19528.50P. Review against the said order was dismissed on 15.9.1994. Said order is also challenged through the writ petition.2. For non-payment of the amount of rent fixed by the Rent Control and Eviction Officer landlord M.L. Dudeja filed S.C.C. Suit No. 38 of 1997 against the tenant I.B.P. Company Ltd. For eviction and recovery of arrears of rent. The revision is directed against an interim order passed in the said suit.3. In these cases on the persuasion of the Court learned Counsel for the parties, after consulting their clients, agreed in principle to settle the dispute through compromise. The matter was heard on 3 or 4 dates. With regard to some of the terms of compromise, parties agreed. However in respect ...
Anand Kumar Rai Son of Late Sri Chandra Deep Rai Vs. Vice Chancellor, ...
Court: Allahabad
Decided on: May-01-2006
Reported in: 2006(4)AWC3501
Arun Tandon, J.1. Banara Hindu University has been declared to be an Institute of national importance and accordingly included in Entry 63, List 1, (Union List) of Seventh Schedule to the Constitution of India commonly known as Central University. The aforesaid university has established an Institute of Medical Science (hereinafter referred to as Institute). The number of undergraduate seats sanctioned for the Institute (M.B.B.S.) is 56, while the number of post graduate seats sanctioned for the Institute (M.S./M.D.) is 84. Thus the number of postgraduate seats in the Institute like in All India Medical Institute of Sciences, New Delhi is higher viz-a-viz number of seats sanctioned at the undergraduate level (M.B.B.S.).2. Under resolution of the Postgraduate Board of the University dated 26th May, 2003 it was resolved that internal candidates would be admitted up to 60% of the total seats, 25% seats were earmarked for the All India Quota, entrance examination whereof was to be held by ...
Radhey Shyam Dixit Son of Late Raj Mangal Dixit Vs. the State of U.P. ...
Court: Allahabad
Decided on: May-01-2006
Reported in: [2006(110)FLR101]
A.P. Sahi, J.1. Heard Sri R.K. Ojha, learned Counsel for the petitioner and learned Standing Counsel for the Respondents.2. I have perused the Affidavits filed on behalf of the parties. The short question that arises in this case is as to whether the respondents have the authority to withhold the payment of gratuity of the petitioner and proceed to adjust the amount under the impugned order dated 7.11.2005.3. The petitioner's payment of gratuity has been considerable reduced on account of the deductions made under the order dated 7.11.2005 appended as Annexure-8 to the writ petition.4. The petitioner attained his age of superannuation way back in the year 1997 whereafter it is alleged that neither any inquiry was held against the petitioner nor was he subjected to any disciplinary proceedings and, as such, in the absence of any such computation of any loss for the State in appropriate proceedings, there was absolutely no occasion to the respondents to have proceeded to make deductions ...
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