Allahabad Court August 2006 Judgments
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Deepak Mitra Vs. Indian Press (P.) Ltd. and ors.
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2006(4)AWC3826
ORDERUmeshwar Pandey, J.1. Heard learned Counsel for the revisionist.2. This revision challenges the order dated 17.5.2006 wherein, the petitioner's application under Order IX, Rule 7. C.P.C. for recalling the order of the court below in the suit to proceed ex parte, has been rejected.3. The plaintiff-respondent opposite parties had filed a suit for recovery of arrears of rent and ejectment. The summons were issued to the defendant No. 1, who is the applicant also. After the service of summons, when the defendants did not appear, the suit was directed to proceed ex parte and it was proceeding as such, while the petitioner's application for recalling the order for ex parte hearing was moved. The said application was resisted by the other side and the court below, after having concluded that the stage of ex parte hearing was over by that time, and the application was not maintainable under Order IX, Rule 7, C.P.C., it accordingly rejected the prayer.4. The learned Counsel for the revisio...
Smt. Ganga Devi Wife of Lal Singh Vs. Deputy Director of Consolidation ...
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2006(4)AWC3959
Poonam Srivastava, J.1. Heard Sri N.C. Rajvanshi, Senior Advocate, assisted by Sri M.K. Rajvanshi, learned Counsel appearing for the petitioner and Sri J.N. Rai, learned Counsel appearing for the contesting respondent.2. The dispute in the instant writ petition relates to land of Khata No. 8 consisting of 8 plots having an area of 5 bighas 9 biswas situated in village Katera Zafarabad, Pargana-Pooth, District Ghaziabad.3. Facts giving rise to the dispute is that name of Smt. Ganga Devi widow of Lal Singh was recorded in the basic year over the land in dispute when the consolidation proceedings commenced. An objection was filed by Kale son of Dauley claiming that he was a co-tenant. According to the objector, the disputed land belonged to common ancestor. The admitted facts between the parties is that both were recorded as co-tenant in 1336 Fasli and name of co-tanant was entered in Zeman 6 (1). Subsequently, in 1356 Fasli, name of Lal Singh was recorded in Zeman 10 showing live years c...
Hawkins Cookers Limited Vs. the Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-29-2006
Reported in: (2007)8VST760(All)
Rajes Kumar, J.1. Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 26th May, 2006 relating to the assessment year 1996-97.2. The following questions have been referred in the present revision:1. Whether the benefit of exemption having been given to the goods manufactured in the new unit during the specified period, sale of such goods manufactured in the new unit even if made after specified period, is entitled for exemption ?2. Whether the objection of Section 4A (1) of the Act as well as Notification No. 7558 dated 26-12-1985 being for promoting development of industries and increasing production of goods, object sought to be achieved by the Legislature cannot be curtailed or taken away by giving interpretation as held by the Trade Tax Tribunal3. Whether the interpretation given by the Tribunal in respect of the goods manufactured during the period of exemption and sold thereafter is contrary to ...
Brijendra Gaur Vs. Dr. Subodh Mohan
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2007(1)AWC157
Rakesh Tiwari, J.1. Petitioner is tenant of a shop situated in Civil Lines, Opposite Old Jail within the premises of Mohan Hospital, Bulandshahr.2. Plaintiff-respondent filed S.C.C. Suit No. 3 of 2002 for eviction of the petitioner on the ground of nonpayment of arrears of rent. The suit was contested by the petitioner-tenant by filing written statement. The Judge, Small Causes Court, Bulandshahr, vide judgment dated 3.9.2002 decreed the suit on the ground of denial of title of the landlord in proceedings under Section 20 (4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).3. Aggrieved by the judgment and decree dated 3.9.2002, the petitioner-tenant filed Revision No. 25 of 2002. A Cross Revision No. 26 of 2002 was also filed by the respondent-landlord.4. Both the revisions were dismissed by the revisional court vide impugned judgment and order dated 4.10.2002 affirming the Judgment and decree the trial court in view...
Sarwati Devi and ors. Vs. Bhagwan Singh Rajput and ors.
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2006(4)AWC3962
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioners and perused the record.2. The case of the petitioners, in brief, is that a release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) was filed by the respondent-landlord on 8.10.2002. In the release application, the landlords pleaded that they are the legal heirs of late Sri Kishan Singh, the original landlord of premises No. 31/273 situate in Mohalla Raoli. Rakabganj Ward, Agra. After the death of Sri Kishan Singh, they have become landlords of the property in dispute.3. The personal needs set up by the landlords is as under:Sri Bhagwan Singh is the eldest son of Late Sri Kishan Singh having family of self, wife and two major children. He is a practising advocate since 1982. He alleges to be in occupation of only two rooms, one kitchen and bathroom on the first floor. This portion has been shown by green colour in the map attached to...
Lalji Gupta and anr. Vs. Addl. Dist. Judge/Spl. Judge and ors.
Court: Allahabad
Decided on: Aug-29-2006
Reported in: AIR2007All1; 2007(1)AWC176
ORDERSanjay Misra, J.1. The respondent No. 3 filed a Suit No. 54 of 1994 in the Court of Small Causes for eviction and arrears of rent against petitioners. The suit was decreed ex parte on 30.9.1994. The petitioners filed an application under Order 9, Rule 13, Civil Procedure Code and also an application under Section 17 of the Provincial Small Cause Courts Act for setting aside the ex parte judgment and order and with the prayer that security bond submitted by the petitioners may be accepted for compliance of Section 17 of the Act. The said application was numbered as Misc. Application No. 149 of 1994. By an order dated 10.11.1994, the trial Court directed the petitioners to deposit half of the decretal amount in cash and to submit security bond with respect to the half of the decretal amount. The petitioners thereafter deposited Rs. 3600 in cash and by an application prayed that security bond already filed for Rs. 7200/- may be accepted for the compliance of half of the decretal amou...
Nand Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2007(1)AWC161
ORDERD.P. Singh, J.1. Heard counsel for the parties.2. This petition is directed against an order dated 18.7.2006 by which the appointment/promotion of the petitioner has been cancelled.3. The petitioners were appointed as Beldar and Pump Attendant on daily wages but subsequently were given regular appointment on probation for one year on the said post between 1997 and October, 2004. Copies are annexed as Annexures-11 and 12. It is stated that all the petitioners were given appointment as Junior Fitter and Turner on 6.11.2004. Since the appointment by direct recruitment had been banned, therefore in pursuance of a Government order dated 12/4/1988 and 9.5.1992 they being departmental candidates were appointed and given relaxation in age.4. Counsel for the petitioner has urged that the appointments were in accordance with the rules and the Government orders, on probation for a period of one year and after its completion their services stood regularized and therefore the impugned order co...
Anjum Kausar Khan Vs. Rashidan
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2007(2)AWC1537
Rakesh Tiwari, J.1. Heard counsel for the. parties and perused the record.2. S.C.C. Suit No. 4 of 2004 was filed by the respondent in the Court of Judge Small Cause Court, Bijnor on 27.1.2004. Written statement was filed by the petitioner in the aforesaid suit on 27.5.2004. The cross-examination of P.W. 1 Sayeed Ahmad was recorded on 20.12.2004. Thereafter, the respondent filed an amendment application dated 30.3.2005 vide paper No. 42-Ga by which following amendment was sought in the plaint by adding paragraph 6 (a).6v&;g fd izfroknh us oknuh dh fookfnr nqdku ls ySaM ykMZ f'ki ls bUdkj fd;k gS] tcfd oknuh fookfnr nqdku dh ySaM ykMZ gS vkSj izfroknh mldk fdjk;snkj gS] bl izdkj izfroknh ;w0ih0 ,DV 13@1972 dh /kkjk 20 2 ,Q ds vurZxr Hkh oknuh ds LoRo ls bUdkj djus ds dkj.k fookfnr nqdku ls csn[ky gksus ;ksX; gSA3. The petitioner is said to have submitted objection dated 30.3.2005 to the aforesaid amendment inter alia, that the amendment has been filed with inordinate delay. The trial cou...
Kan Constructions and Colonizers Pvt. Ltd. Vs. Allan Deo Noronha and a ...
Court: Allahabad
Decided on: Aug-29-2006
Reported in: 2007(2)AWC1539
V.M. Sahai and Sabhajeet Yadav, JJ.1. The plaintiff/respondents filed Original Suit No. 701 of 2006 for mandatory injunction and alongwith the suit an application for interim injunction supported with an affidavit was also filed. The court below on 19.5.2006 while issuing notice to the defendant/appellant granted ex parte interim mandatory injunction. It is this order which has been challenged by the appellant before this Court.2. We have heard Shri Navln Sinha, learned senior counsel, assisted by Shri A.K. Mehrotra and Shri Nishant Mehrotra for the appellant and Shri R.N. Singh, learned senior counsel, assisted by Shri I.P. Singh for the plaintiff-respondent No. 1. Shri Navin Sinha and Shri R.N. Singh both have stated before us that respondent No. 2 is a proforma respondent and this appeal can be finally decided at the admission stage itself. In view of the statement made by the learned Counsel for the parties we have taken up this appeal for final disposal at the admission stage itse...
Pramod Kumar S/O Late Shri Bhogi Lal and ors. Vs. State of U.P. and Sm ...
Court: Allahabad
Decided on: Aug-28-2006
Reported in: II(2006)DMC653
K.N. Sinha, J.1. Heard Sri Vivek Shandilya, learned Counsel for the revisionist, S.P. Sharma, learned Counsel for the opposite party and the learned A.G.A.2. Learned Counsel for the revisionist submitted that learned Counsel for the opposite party No. 2 agreed to this fact that parties have entered into compromise. The present revision has been filed for quashing of the summoning order dated 31.1.2003 and also for quashing the order dated 25.3.2003 rejecting the objection against the same.3. The brief facts giving rise to the revision is that opposite party Smt. Meena was married to Pramod Kumar and on account of demand of dowry and harassment a complaint was filed by Smt. Meena against the revisionist Nos. 1 to 5 in which the summoning order was passed. The objection against the said summoning order was dismissed. Now the parties have entered into compromise and wants to live in peaceful manner hence it has been prayed that the summoning order and the complaint should be quashed. Reli...
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