Allahabad Court May 2006 Judgments
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Bhuleliya Wife of Late Shiri and ors. Vs. Additional Collector (Land/R ...
Court: Allahabad
Decided on: May-16-2006
Reported in: 2006(3)AWC3109
S.N. Srivastava, J.1. Heard learned Counsel for petitioner and learned Counsel Caveator Opp. Party No. 2 as well as learned Standing Counsel and perused the record also.2. This writ petition is directed against the order dated 6.5.2006 passed by Deputy Director of Consolidation annexed as Annexure No. 1 to the writ petition.3. Learned Counsel for petitioners raised a number of arguments including that impugned order is without jurisdiction as it cannot be passed by Deputy Director of Consolidation. He further urged that there was no requirement of the Chak Marg after notification under Section 52 of the U.P.C.H. Act.4. Learned Counsel for Opp. Party No. 2 urged that Chak Road was given to Opp. Party No. 2 in order to connect Kharanja Marg from his Chak.5. In rejoinder learned Counsel for petitioners urged that Chak of Opp. Party No. 2 is still situated on existing Chak Road which connects the National Highway.6. Considered arguments of learned Counsel for the parties and the materials ...
Rich Capital and Financial Services Ltd. Vs. Lakshmi Chand Agarwal (De ...
Court: Allahabad
Decided on: May-15-2006
Reported in: 2006(4)AWC3272
Prakash Krishna, J.1. Raising two questions, the present revision under Section 25 of Provincial Small Causes Courts Act, has been filed by the tenant against the judgment and decree datedT. 5.2003 passed by the Additional District-Judge (Court No. 3) Kanpur Nagar, in SCC Suit No. 15 o 1998, under Section 25 of Provincial Small Causes Courts Act. The suit has been decreed for recovery of arrears of rent and ejectment.2. Sri Lakshmi Chandra Agarwal, was the owner and landlord of Premises No. 31/105 Vishnupuri, Kanpur and the defendant, who is applicant in above revision, was tenant of ground floor of the aforesaid premises. The tenanted accommodation consists of one covered hall including two toilets and urinals having floor area of 3320 Sq. ft. and was let out on a monthly rent of Rs. 20,000. The relationship of landlord and tenant between the parties is not in dispute.3. The defendant (hereinafter referred to as tenant) defaulted in payment of rent and by notice dated 11.7.1997 tenanc...
Mohd. Aslam Vs. Om Prakash Dwivedi
Court: Allahabad
Decided on: May-15-2006
Reported in: 2006(3)AWC3159
Krishna Murari, J.1. Heard Sri Iqbal Ahmad, learned Counsel for the petitioner and Sri K. K. Tripathi for the respondent.2. The petitioner is a tenant in shop in dispute. Respondent-landlord instituted S.C.C. Suit No. 6/1996 for arrears of rent and eviction of the petitioner on the ground that he was in arrears of rent since 1994. It was alleged in the plaint that the shop was constructed in the year 1988-89 and therefore the provisions of U.P. Act No. XIII of 1972 (for short the 'Act') are not attracted. The petitioner contested the suit by filing written statement. It was pleaded that the shop in dispute is covered under the provisions of the Act and that entire amount has been deposited under Order XV, Rule 5, C.P.C. In support of the said allegation, the petitioner filed a copy of the registration of the shop in dispute under the provisions of Uttar Pradesh Dukan Aur Vanijya Adhisthan Adhiniyam, 1962 issued in the year 1983. The respondent-landlord though did not file any assessmen...
Smt. Kalpana Vs. Ram Singh and ors.
Court: Allahabad
Decided on: May-15-2006
Reported in: 2006(4)AWC4189
Rakesh Sharma, J.1. This habeas corpus petition was filed by one Sri Sanjay Kumar Tripathi, son of Sri Harish Chandra Tripathi Assistant J. Worker 1st Sahara India, Sector Office, Sitapur resident of 108, Sitapur Road Scheme, Mohibullapur, Lucknow. It was indicated in the petition that the respondents have illegally detained his alleged wife Smt. Kalpana, daughter of Sri Ram Singh, resident of 211/25/23A, behind S.A.M. College. Ram Nagar Pathapura, P.S. Sadar, district Saharanpur.2. Notices were issued to the respondents to file their counter-affidavit. Affidavit filed by Smt. Kalpana Chauhan and counter-affidavit filed by opposite party No. 1 indicate that Smt. Kalpana was not under illegal detention. Sri Sanjay Tripathi was already married to one Smt. Mamta who is still alive. Sri Sanjay Tripathi is father of three children-Vineet Tripathi (11 years). Km. Rimjhim (10 years) and Km. Shikha (9 years) out of the wedlock with Smt. Mamta. Rather it was represented by Sri Sanjay Tripathi t...
Ram Prasad Rasik S/O Sri Lalla Vs. State of U.P. and
Court: Allahabad
Decided on: May-12-2006
Reported in: II(2007)BC356
K.N. Sinha, J.1. The present application has been filed under Section 482 Cr.P.C. for quashing of the complaint No. 744/9 of 2002 Viraj Maheshwari v. Ram Prasad Rasik under Section 138 Negotiable Instruments Act pending in the court of Judicial Magistrate, II, Muzaffarnagar, The ground is that the opposite party No. 2 was an employee with the applicant and he misappropriated the money for which First Information Report was lodged and charge sheet was submitted. So far as the present case is concerned the opposite party No. 2 had stolen the cheque from the pub and sent it no bank for encashment which were refused. The counter affidavit was also filed denying the said fact. However, at one point of time the parties reached to an accord out of court and settled their dispute. Consequently, a joint application was moved by applicant Ram Prasad Rasik and opposite party No. 2 Viraj Maheshwari stating that the matter has been settled outside the court in order to maintain harmony and good rel...
Purshottam Vs. State of U.P.
Court: Allahabad
Decided on: May-12-2006
Reported in: 2006CriLJ3314
ORDERV.D. Chaturvedi, J.1. This criminal revison is directed against the judgment and order dated 24-06-1987, passed in Criminal Appeal No. 56 of 1987 by 6th Additional Sessions Judge Azamgarh, whereby the learned Sessions Judge upheld the conviction of the revisionist under Section 7/16 of Prevention of Food Adulteration Act recorded by Spl. Judicial Magistrate Azamgarh in Crl. Case No. 656 of 1985 however, learned 6th Additional Sessions Judge reduced the sentence of imprisonment from one year RI to 6 months RI and that of fine from Rs. 2000/- to Rs. 1000/-.2. The fact giving rise to this criminal revision may be briefly summarized as under:That on 30.10.1983 at about 11.00 hours P.W.1 Ram Ashrey Singh, Food Inspector took the sample of pulses of Archer from the shop of the revisionist Purushottam on payment of its price. The sample of 750 grams of pulses of Archer was divided in three parts, and each was sealed in three separate phials. The Signatures of the witnesses were obtained ...
Jayanti Nagar Sahkari Awas Samiti Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-12-2006
Reported in: 2006(4)AWC3767
Devi Prasad Singh, J.1. In the present writ petition since purely a legal question has been raised, hence with the consent of parties, I proceed to decide the present writ petition finally at admission stage.2. Petitioner is a cooperative housing society engaged in a business relating to construction and sale of houses, plots and flats to the needy persons.3. The land in question measuring 10 Biswa was purchased by the petitioner by registered sale deed dated 16.6.1992. Exemption from payment of stamp duty was claimed by the petitioner being a cooperative society. The State Government had issued an order dated 12.7.1990 withdrawing the exemption granted to the housing societies in payment of stamp duties. Against the withdrawal of exemption from payment of stamp duty, a bunch of writ petitions was filed in this Court. All the writ petitions including the Writ Petition No. 3114 of 1991 was dismissed by this Court as is evident from the impugned orders.4. After dismissal of the writ peti...
Smt. Rita Lal Vs. Addl. Principal Judge, Family Court and anr.
Court: Allahabad
Decided on: May-12-2006
Reported in: 2006(4)AWC4147
U.K. Dhaon and R.P. Yadav, JJ.1. Heard Shri S.C. Dhasmana, the learned Counsel for the appellant and Shri R.C. Singh, the learned Counsel appearing for the respondent No. 2.2. This appeal is by the wife under Section 19 of the Family Courts Act, 1984. She is aggrieved by an order dated 24.1.2005 passed in Misc. proceedings under Order IX, Rule 13 of the Code of Civil Procedure (hereinafter referred to as the 'Code') by the Additional Principal Judge. Family Court, Lucknow awarding Rs. 5,000 per month as interim maintenance under Section 24 of the Hindu Marriage Act, 1955. The ex parte decree of divorce, the cancellation of which has been sought is said to have been obtained fraudulently. The amount of interim maintenance is alleged to be grossly inadequate determined arbitrarily and illegally on a misreading of material evidence regarding income of the husband respondent No. 2.3. Admittedly the respondent No. 2 is a Medical Officer in the Central Government, Health Scheme and is presen...
The Oriental Insurance Company Ltd. Through Divisional Manager, the Or ...
Court: Allahabad
Decided on: May-11-2006
Reported in: AIR2006All304; 2006(3)AWC2517
Vineet Saran, J. 1. Heard Sri Amresh Sinha, learned Counsel appearing for the petitioner and perused the record.2. In a motor accident, one Kapoor Kahar received fatal injuries and consequently, the widow, minor children and parents of the deceased filed a Claim Petition No. 35 of 2001 before the Motor Accident Claims Tribunal. The Motor Accident Claims Tribunal passed an award in favour of the claimants, granting compensation of Rs. 1,70,000/-, which was to be paid by the petitioner-insurer, with the liberty that the insurer could realize the same from the insured.3. The case of the petitioner is that after the passing of the award, they have already filed an application under Section 174 of the Motor Vehicle Act 1988 for realization of the said amount from the insured, and after the same is realized, they shall make the payment to the claimants. In the meantime an application for execution of the award has also been filed by the claimants. By its order dated 15.2.2006 passed by the M...
Subharati Krishan Kumar Bhatnagar Charitable Trust and anr. Vs. Commis ...
Court: Allahabad
Decided on: May-11-2006
Reported in: (2006)204CTR(All)284; [2006]284ITR166(All)
1. By this writ petition, the petitioners are challenging the order of the Commissioner of Income-tax, Meerut, dated March 17, 2006 (annexure 14 to this writ petition), purporting to have been passed under Section 154 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). By that order the Commissioner has cancelled the last two renewal orders dated January 2, 2002 and June 4, 2004, issued under Section 80G of the Income-tax Act, 1961, and has directed petitioner No. 1 (the assessee-trust) not to use the said renewals while accepting donations from the public and to clarify in writing that donations given to the said trust are not entitled to deduction under Section 80G.2. The facts leading to the impugned order are that one Smt. Rajwati Bhatnagar (hereinafter referred to as the 'settlor' of the trust), executed an unregistered trust deed dated March 15, 1991. A copy of the trust deed is enclosed as annexure 1 to this writ petition. By that document, a sum of Rs. 1,101 (ru...
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