Allahabad Court May 2006 Judgments
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M.K. Soap Industries Through Its Proprietor Sri ZahiruddIn Saifi S/O N ...
Court: Allahabad
Decided on: May-24-2006
Reported in: 2006(4)AWC3321
A.K. Yog and V.C. Misra, JJ.1. Heard learned Counsel for the petitioners and learned standing counsel.2. Reliance is placed on a Division Bench decision of this Court (Annexure No. 6 to the writ petition), which is followed by a Full Bench Decision in the case of Sarda Devi v. State of U.P. and Ors. reported in 2001 (3) UPLBEC 1941. The contention of the petitioners is that recovery is in pursuance to dues, arising out of cash credit facility, and not as loan taken under State Sponsored Scheme. Learned Counsel representing the petitioners concedes that primary liability to pay amount of Rs. 10,00,000/- and odd is of the principal borrower (one of the petitioners). The petitioners have approached this Court under Article 226, Constitution of India and, therefore, we are not bound to interfere in view of the admitted liability. Bank extended loan facility against public money. If such arrears are not recovered expeditiously. Government/Bank Coffers shall be soon empty. Petitioners, howev...
Venus Sugar Limited a Company Registered Under the Companies Act, 1956 ...
Court: Allahabad
Decided on: May-24-2006
Reported in: 2006(3)AWC3112
Amitava Lala, J.1. A writ petition being Civil Misc. Writ Petition No. 48159 of 2002 (West U.P. Sugar Mills Association and Ors. v. State of U.P. and Ors.) was proceeded before the Division Bench of this Court, in which an interim order was passed on 29th April, 2005. Many Sugar Mills including this petitioner are members of such association. The relevant part of the interim order passed therein is as follows:Without entering into any controversy about the period of taking drastic steps, we want to proceed with the fact that the petitioner should not be relieved by any blanket order without providing any condition of payment of any amount but to proceed with the proceedings before the Cane Commissioner to settle the issue. There should be test of bonafide about making payment by the petitioners. Such bonafide test will be occupied by the condition to be imposed by the Court. Normally we accept a principle of payment 50% of the amount in the case of default. Accordingly we apply such te...
Shishu Pal Singh S/O Late Sri Roop Singh Vs. State of U.P. Through Sec ...
Court: Allahabad
Decided on: May-23-2006
Reported in: 2006(3)AWC3093
Tarun Agarwala, J. 1. The petitioner is the Principal of the College and was suspended on certain charges by an order dated 27.3.2005. The petitioner filed a Writ Petition No. 37014 of 2005 praying for the payment of the salary, on the ground, that the suspension order had not been approved within the stipulated period of 60 days, as contemplated under Section 16-G(7) of the U.P. Intermediate Education Act. The Court by an order dated 5.5.2005 passed an interim order which is quoted herein under: -In the meantime, in case suspension order dated 28.2.2005 has not been approved, then respondents are directed to ensure payment of salary to the petitioner month by month along with teaching and non-teaching staff of the institution. 2. The petitioner has filed the present writ petition for the quashing of the orders dated 9.3.2006 and 11.3.2006 passed by the District Inspector of Schools, whereby he has approved the suspension order dated 27.2.2005.3. Dr. Daya Shanker, the learned Counsel f...
Alka Wife of Narendra Singh Yadav Vs. State of U.P. Through Secretary, ...
Court: Allahabad
Decided on: May-23-2006
Reported in: 2006(4)AWC3234
Vineet Saran, J.1. The dispute in this writ petition relates to the election for the post of Grain Pradhan of Gram Panchayat Habibpur Nagla, Vikas Khand Pilana, District Baghpat. The notification for such election was issued by the District Magistrate/Zila Nirvachan Adhikari, Baghpat, according to which nominations were to be filed between 5th and 7th August, 2005; scrutiny of the nomination papers was to be done from 7th to 9th August; withdrawal of nomination was to be made on 10th and 11th August; and on 11th August, 2005 symbols were to be allotted to the contesting candidates. The election was thereafter to be held on 23rd August 2005 and the counting of votes was to be done on 28th August 2005. The said election was for 'unreserved female' seat. The petitioner as well as respondents No. 5 and 6 had filed their nomination papers. On scrutiny of the nomination papers, on 9.8.2005, the nomination papers of respondents No. 5 and 6 were rejected on the ground that both of them were in...
Bhagwan Das and anr. Vs. Rent Control and Eviction Officer/S.D.O. and ...
Court: Allahabad
Decided on: May-23-2006
Reported in: 2006(3)AWC3087
S.U. Khan, J.1. The court made efforts to compromise the matter in between the parties. However on 27.3.2006 learned Counsel for both the parties stated that compromise was out of question. Thereafter arguments were heard on 27.4.2006 and judgment was reserved.2. This is landlord's writ petition directed against order of R.C. & E.O/ S.D.O Sambhal district Moradabad dated 30.6.1986, copy of which is annexure 9 to the writ petition which does not contain any case number. Names of the parties mentioned therein are Bhagwan Das and Ors. v. Smt. Kanti Devi and Ors.. The said order was passed on the release application under Section 16 of U.P. Act No. 13 of 1972 filed by original landlady Smt. Saraswati Devi since deceased and survived by the petitioners. In the release application, it was stated that shop in dispute was deemed vacant, as non-family members had been inducted by tenants as partner in the business carried out from the shop in dispute. R.C. & E.O. held that there was vacancy. Ag...
Rajendra Kumar Sharma Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: May-23-2006
Reported in: 2006CriLJ3767
ORDERShiv Shanker, J.1. This Criminal Revision has been directed against the impugned judgement and order dated 25.5.1987 passed in Criminal Appeal No. 191 of 1984, Rajendra Prasad Sharma v. State of U.P. by Sri D.M. Arya, III Additional District Judge, Bulandhahr, whereby the appeal was dismissed and impugned judgement and order passed by the trial court regarding conviction for the offence under Section 7/16 of the Prevention of Food Adulteration Act was confirmed.2. Brief facts, arising out of this revision, are that on 14.12.1974 at about 7.45 A.M. accused was going through bicycle with buffalo milk for sale. He was checked at Balipura within the local limits of police station Kotwali by the Food Inspector. On the basis of suspicion, Food Inspector purchased 660 Ml. Milk after payment and same was filled in three phials according to the rules, wherein one sample was sent for Public Analyst. After getting Public Analyst Report, Lucknow, the same was found adulterated as fatty solid ...
Shiv Nath and anr. Vs. Bangai
Court: Allahabad
Decided on: May-23-2006
Reported in: 2006(3)AWC2619
Umeshwar Pandey, J.1. Heard learned Counsel for the petitioners.2. The plaintiffs-petitioners' application for adjournment was rejected by the trial court vide Annexure-5 on the ground that earlier on three occasions plaintiffs such prayer of adjournment had been granted and in the light of proviso added to Order XVII, Rule 1, C.P.C. no adjournment beyond three dates could be granted by the Court. The petitioners subsequently moved the trial court with another application under Section 151, C.P.C. (Annexure-6) for permitting Ram Raj, one of the plaintiffs present in the Court, to be cross-examined by the defendant's counsel. But that application too has been dismissed by the trial court vide Annexure-7. Thereafter, only, the petitioner approached the revisional court which also did not find favour of the Court and has been dismissed vide Annexure-9.3. The petitioners on 30.3.2005, which was the 4th date fixed for final hearing (evidence) in the suit, had moved an application for adjour...
Shiv Nath Sahdeo and anr. Vs. Bangai Sahdeo
Court: Allahabad
Decided on: May-23-2006
Reported in: AIR2006All282
ORDERUmeshwar Pandey, J.1. Heard learned Counsel for the petitioners.2. The plaintiffs-petitioners' application for adjournment was rejected by the trial court vide Annexure No. 5 on the ground that earlier on three occasions plaintiffs such prayer of adjournment had been granted and in the light of proviso added to Order 17 Rule 1 C.P.C. no adjournment beyond three dates could be granted by the court. The petitioners subsequently moved the trial court with another application under Section 115 C.P.C. (Annexure No. 6) for permitting Ram Raj, one of the the plaintiffs present in the court, to be cross examined by the defendant's counsel. But that application too has been dismissed by the trial court vide Annexure No. 7. Thereafter, only the petitioner approached the-revisional court which also did not find favour of the court and has been dismissed vide Annexure No. 9.3. The petitioners on 30.3.2005, which was the 4th date fixed for final hearing (evidence) in the suit, had moved an app...
Rajendra Prasad Gupta Vs. Km. Purrima Sharma and ors.
Court: Allahabad
Decided on: May-23-2006
Reported in: AIR2006All270; 2006(4)AWC3438
ORDERPrakash Krishna, J.1. The present revision Is directed against the order dated February 19.2001 passed by the Second Additional District Judge (Senior Division). Muzaffarnagar in Misc. Case No. 21 of 1999 (O.S. No. 337 or 1994. Smt. Sarla Sharma v. Ganga Prasad) whereby the court below has allowed the application 3 Ka and restored the suit to its original number after recalling the order dated 25th of August. 1994. The original suit no. 337 or 1994 was instituted for permanent injunction and cancellation or sale deed dated 24th of August, 1994 on behalf of two minors and their mother through Smt. Sarla Sharma (mother) who died during the pendency or the suit and in her place Om Prakash Sharma was allowed to act as next friend or the minors. The said suit was decreed exparte on March 21. 1998. This ex-pane decree was set aside. Subsequently, an application was filed by Shri Ashok Kumar. Advocate, on behalf of the plaintiff minors that he does not want to continue with the suit and ...
Smt. Neelanjana Gupta Wife of Shri Munish Chandra Gupta, Smt. Sweta Gu ...
Court: Allahabad
Decided on: May-22-2006
Reported in: I(2007)DMC841
Imtiyaz Murtaza and Amar Saran, JJ.1. This writ petition has been filed by the petitioners for quashing the first information report lodged at case crime No. 395 of 2005, under Sections 498A/323/504/506 IPC read with Section 3/4 of Dowry Prohibition Act, police station Colonelganj, district Allahabad.2. We have heard learned Counsel for the parties, and have perused the affidavits and counter-affidavits filed by the parties.3. The F.I.R. contained the usual allegations of cruelty and dowry demand. As the parties appeared to be of respectable status and petitioner No. 3 is said to be working in Infosys company it was apparent to this Court that the RR has been lodged under the aforesaid sections in view of the marital incompatibility between the petitioner No. 3, Prashant Gupta and respondent No. 3 Smt. Anjali Gupta, It may be mentioned that a divorce suit had even been filed by respondent No, 3 against petitioner No, 3 under Section 13 of the Hindu Marriage Act.4. Keeping in mind the s...
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