Allahabad Court May 2006 Judgments
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Suresh Chandra Sachdeva Vs. Smt. Nirmala Gupta
Court: Allahabad
Decided on: May-09-2006
Reported in: 2006(3)AWC2894
Prakash Krishna, J.1. This is defendant's revision under Section 25 of Provincial Small Causes Court Act, against the order dated 27.2.2006, passed by the court below rejecting Application No. 32C filed by him under Section 10 of the Code of Civil Procedure to stay further proceedings of S.C.C. Suit No. 42 of 2004 till the disposal of Original Suit No. 789 of 2004.2. It is not in dispute that Smt. Nirmala Gupta is landlady and the present applicant Suresh Chandra Sachdeva is the tenant of Smt. Nirmala Gupta. S.C.C. Suit No. 42 of 2004 was filed for recovery of arrears of rent and ejectment of the present applicant on the pleas inter alia that the defendant is tenant of disputed shop in pursuance of the registered agreement dated 10.7.2002 @ Rs. 3,000 per month as defaulted in payment of rent in spite of notice of demand and termination of tenancy. It was further stated that earlier one Pushpa Tyagi and Dinesh Tyagi were tenants of two shops described as shops No. 1 and 2 out of four sh...
Pawan Kumar and anr. Vs. Additional Commissioner (Judicial) and ors.
Court: Allahabad
Decided on: May-08-2006
Reported in: 2006(4)AWC3217
S.U. Khan, J.1. It is shocking to note that merely on the basis of an application, given on a prescribed proforma, name of the petitioners was mutated over the agricultural land on the basis of an alleged Will, left behind by Jagdish Kumar, without making the wife of Jagdish Kumar, who was his natural heir, a party or issuing notice to her.2. When ever mutation is sought on the basis of Will, it is utmost essential that those persons, who could have inherited in case there had not been any Will, should be made parties and notices should be served upon them before passing any order. Mutation on the basis of application on standard proforma without any opposite party and personal notice to interested persons is permissible only in the case of uncontested inheritance / succession.3. Learned Counsel for the petitioner has argued that there is no such provision under the U.P. Land Revenue Act or Revenue Court Manual. Even if there is no such provision, it will have to be read under the rele...
Subhash Chandra Upadhyaya Son of Sri Kashi Prasad Vs. State of U.P. Th ...
Court: Allahabad
Decided on: May-08-2006
Reported in: 2006(4)AWC3195; [2006(110)FLR94]
R.K. Agrawal, J.1. By means of the present writ petition filed under Articles 226/227 of the Constitution of India, the petitioner, Subhash Chandra Upadhaya, seeks the following reliefs:(A) to issue a writ, order or direction in the nature of certiorari for quashing the judgment/order dated 23.9.2003 received on 25.11.2003 (Annexure No. 1) passed by State Public Service Tribunal, Lucknow be quashed and further the Hon'ble Court be pleased to allow the Claim petition No. 1413 of 2001, Subhash Chandra Upadhaya v. State of U.P. and Ors. and to quash the order of punishment dated 5.9.1999, order of appellate authority dated 4.1.2000 and order of revisional authority dated 2.8.2001 and respondent No. 1 and 3 be directed to reinstate the petitioner on the post held by him with all the consequential benefits attached to the post.(B) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.(C) To award cost of petit...
Lal Veer and ors. Vs. Harswaroop Daughter of Sri Khushhal Nath,
Court: Allahabad
Decided on: May-08-2006
Reported in: 2006(3)ARC3034
Umeshwar Pandey, J.1. Heard the learned Counsel for the appellants.2. This second appeal arises out of the judgment and decree dated 30.3.2006 passed by the lower appellate court whereby after reversing the findings recorded by the trial court, the appellants' suit for permanent injunction has been dismissed.3. The plaintiffs-appellants filed a suit for the relief of permanent injunction to restrain the respondents-defendants from carving out any Rasta or otherwise interfering into their possession over plot No. 653. The suit was contested by the respondents-defendants stating that the plaintiffs-appellants are though the owners of plot No. 653, had encroached upon the Chak road land of plot No. 652 and since that land is public pathway, they are not entitled to any permanent injunction.4. The trial court, on the pleadings of the parties, framed several issues and recorded its findings regarding ownership of the appellants-plaintiffs over plot No. 653. The trial court has also found th...
R.S. Negi Vs. Vishnu Sahai Verma and anr.
Court: Allahabad
Decided on: May-08-2006
Reported in: 2006(3)AWC2891
Poonam Srivastava, J.1. Heard Sri M. A. Qadeer learned Counsel for the revisionist and Sri Hari Ashok Kumar learned Counsel appearing for the caveator/opposite party No. 1.2. This is a revision under Section 25 of Provincial Small Causes Court Act against the judgment and decree dated 7.12.2005, passed by the 1st Additional District Judge, Court No. 3/Judge Small Causes Court, Allahabad in S.C.C. Suit No. 32 of 2004, Vishnu Sahai Verma and Anr. v. R.S. Negi.3. A suit was instituted by the landlord for decree of eviction and decree of Rs. 4,877 (Rupees four thousand eight hundred seventy seven) towards water tax pendente lite future damages at the rate of Rs. 200 per day. The plaintiff/opposite parties were landlord of house No. 338, Mumfordganj, Allahabad, which was let out to the revisionist on monthly rent of Rs. 2,300 (Rupees two thousand three hundred) excluding water tax and electricity. The suit was instituted after giving a notice dated 2.8.2004. According to the plaintiffs, the...
V.K. Jaiswal Vs. General Manager (Administration) U.P. Sahkari Gram Vi ...
Court: Allahabad
Decided on: May-08-2006
Reported in: 2006(4)AWC3678
S.N. Srivastava, J.1. Impugned here are the orders dated 3.11.1998 passed by Managing Director U.P. Sahkari Gram Vikas Bank Ltd. whereby the petitioner was awarded censure entry for not discharging his duties with diligence and further forfeiting the salary for the period of suspension except the subsistence allowance and 23.4.1999 passed by appellate authority whereby the appeal preferred by the petitioner was rejected.2. From a perusal of the record it would transpire that the petitioner was placed under suspension in contemplation of enquiry by means of order dated 4.10.1997 which was passed in exercise of power under Regulation 85 (vii) of the U. P. Cooperative Societies Employees Regulations, 1975 on the charges that the matter of missing of receipt No. 18 was not reported to the superior authorities and further that the petitioner made use of the cash receipt book quite irregularly to the detriment of the interest of the Bank. Subsequently, charge-sheet was drawn 'vide charge-she...
State of U.P. Vs. Vishram Singh Raghubanshi, Advocate District Court
Court: Allahabad
Decided on: May-05-2006
Reported in: 2006CriLJ3329
Imtiyaz Murtaza, J.1. This reference has come up before this Court for taking proceedings under the Contempt of Courts Act on the basis of a report dated 27.10.1998 of Shri Suresh Chandra Jain, II Addl. Chief Judicial Magistrate, Etawah. The District Judge, Etawah forwarded the said report to this Court on 28.10.1998. The letter of Shri Suresh Chandra Jain, II Addl. Chief Judicial Magistrate, Etawah reads as follows :isz'kd]lqjs'k pUnz tSu]f}rh; vij eq[; U;kf;d eftLVV]bVkok Alsok esa]fucU/kd]ekuuh; mPp U;k;ky;]bykgkcknA}kjk% tuin U;k;k/kh'k] bVkokfo'k;%&/kkjk 15 dUVSEiV vkQ dksVZ ,DV] 1971 vUrxZr Jh foJke flagj?kqoU'kh] ,MoksdsV dydVh dpgjh] bVkok ds f[kykQ esjh U;k;ky; dh voekuuk ds lEcU/k esa dk;Zokgh fd;s tkus gsrq jsQzsUlAegksn;]mijksDr fo'k; ij ekuuh; U;k;ky; dks lfou; fuEu fuosnu fd;k tkrk gS%&1- ;g fd ekuuh; mPp U;k;ky; }kjk twu 1998 esa VkalQj }kjk eq>s f}rh; vij eq[; U;kf;d eftLVsV] bVkok ds :i esa rSukr fd;k x;k] rFkk fnukad 8-6-98 ls eSa U;k;ky; f}rh; mij eq[; U;kf;d n.Mkf/k...
Committee of Management, Kshetriya Viksit Simiti Through Its Secretary ...
Court: Allahabad
Decided on: May-05-2006
Reported in: 2006(3)AWC3028
Arun Tandon, J.1. Heard Sri P.N. Saxena, Senior Advocate assisted by Sri R.M. Saggi, Advocate on behalf of petitioners, Sri S.P. Pandey, Advocate on behalf of respondent Nos. 3 to 5 and learned Standing Counsel on behalf of other respondents.2. The dispute pertaining to the office bearers of the society duly registered in the name of style of 'Kshetriya Viksit Samiti, Sarai Bansi Utraon, Allahabad' was subject matter of consideration before this Court in Civil Misc. Writ Petition No. 2086 of 1998 and connected Civil Misc. Writ Petition No. 30519 of 1995. Both the writ petitions were decided under a common judgment and order of this Court dated 5th April, 2004. So far as Civil Misc. Writ Petition No. 30519 of 1995 is concerned, this Court recorded a finding that the same was not maintainable as alternative remedy is being availed of. With regard to Civil Misc. Writ Petition No. 2086 of 1998, this Court after considering the contention raised on behalf of parties, remanded the matter for...
Azeem Son of Mohd. Rasheed Vs. State of U.P. and
Court: Allahabad
Decided on: May-05-2006
Reported in: 2006CriLJ2956
K.N. Sinha, J.1. The present transfer application has been moved on behalf of Azeem who is an accused in Session Trial No. 198/02, State v. Azeem under Section 302/307/504 IPC and Section 7 of Criminal Law Amendment Act, Police Station Rosa, District Shahjahanpur.2. The allegations set forth in the application are that the above noted trial was pending in the court of Special Judge (EC Act) Court No. 9m, Shahjahanpur, which was presided over by G.S. Chandel, who recorded the evidence of six witnesses. Thereafter Sri Chandel was posted in the court of Third Additional Sessions Judge and one Rajveer Sharma took over in the court; of Special Judge (EC Act) in place of Sri G.S. Chandel. The contention of learned Counsel for applicant is that as the major part of evidence was recorded by Sri G.S. Chandel and he is at the same Sessions division, i.e. the same district hence the case should be transferred and tried by Sri Chandel.3. He approached the Sessions Judge for transfer but the prayer...
Smt. Poonam Rani Wife of Atul Kumar Vs. Dr. Naresh Chandra Son of Bana ...
Court: Allahabad
Decided on: May-05-2006
Reported in: 2006(4)AWC3548
D.P. Singh, J.1. Heard counsel for the parties.2. A.S. (Post Graduate) College, Mawana in Meerut is affiliated to Ch. Charan Singh University, Meerut where the applicant was appointed on adhoc basis as a Lecturer in Commerce on 28.10.1988 after obtaining prior approval of the Vice Chancellor and she continued as a Lecturer even after 31.3.1989. She claimed regularization under Section 31-C of the U.P. Higher Education Services Commission Act, 1980. However, the same was rejected by the Screening Committee and the fact was communicated to her vide letter dated 23.6.1992, forcing her to file writ petition No. 31005 of 1992 which was allowed vide judgment and order dated 15.7.1992 with costs and a direction was issued to regularize her services within a month from the date of submission of a certified copy and the artificial break of service was directed to be ignored and she was deemed to be in continuous service. Further direction was that she would be entitled for her salary also.3. Th...
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