Allahabad Court January 2007 Judgments
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Bhartiya Jeevan Bima Nigam Vs. Achint Kumar Lahari
Court: Allahabad
Decided on: Jan-22-2007
Reported in: 2007(2)AWC1222
Umeshwar Pandey, J.1. Heard Sri Manish Goyal, learned Counsel for the revisionist and Sri Arvind Kumar Srivastava, learned Counsel for the respondent. Since both agree for final disposal of the revision, it is being disposed of as such.2. The judgment dated 18.10.2006 is under challenge by the tenant in the present revision petition given under Section 25 of the Provincial Small Causes Act.3. On the basis of a notice under Section 106 of Transfer of Property Act (Annexure-2) dated 25.7.2001, the plaintiff respondent sought to determine the tenancy of the petitioner revisionist in respect of disputed premises. There is no denial of the service of the notice. The suit was contested by the revisionist tenant taking several grounds and also inter alia pleading that the benefit of Section 114 of the Transfer of Property Act in the present context should be given to it and that no damages at a higher rate than the rate of agreed rent is to be awarded. The court below while deciding the contr...
Narendra Kumar Vs. Viiith Addl. District Judge and anr.
Court: Allahabad
Decided on: Jan-22-2007
Reported in: 2007(2)AWC1703
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed praying for a direction for quashing of two impugned orders both dated 21.11.1988, appended as Annexures-7 and 8 to the writ petition passed by the VIIIth Additional District Judge, Meerut.3. The facts of the case in brief are that the petitioner applied for allotment of the accommodation in dispute which had fallen vacant for the reason that the erstwhile tenant Sri Rakesh Kumar had vacated the same. The Rent Control Inspector made spot inspection and submitted his report that the accommodation in dispute was vacant.4. It appears that a release application was also filed by the landlord on the ground that the accommodation in dispute was required for the living of pujari of the Shiv Mandir belonging to him. The release application was considered by the District Supply Officer/Delegated Authority who vide his order dated 12.10.1983, rejected the release application file...
Shiv NaraIn Pandey (D) Through L.Rs. and ors. Vs. K.B. Degree College ...
Court: Allahabad
Decided on: Jan-22-2007
Reported in: 2007(2)AWC1707
S.U. Khan, J.1. This revision is directed against the order dated 6.7.1985, passed by the District Judge, Mirzapur dismissing the objection under Section 47, C.P.C. (Miscellaneous Case No. 90 of 1985) filed by the applicant No. 1, Shiv Narain Pandey, since deceased and survived by legal representatives in Execution Case No. 5 of 1981, Shiv Narain Pandey v. K.B. Degree College Association, Mirzapur. The said case was filed for execution of decree (ex parte) passed in O.S. No. 294 of 1968. The only ground on which objection was filed was that defendant No. 2 Gayatri Prashad had died before the suit was decreed (ex parte) and his Legal Representatives had not been substituted hence the decree sought to be executed was nullity.2. Opposite party, K.B. Degree College Association, Mirzapur, filed the suit (O.S. No. 294 of 1968) for possession against S.N. Pandey, Original Applicant No. 1 in this revision and his father Gayatri Prasad. The suit was for possession over a piece of land. Gayatri ...
Wali Mohammad Vs. Iiird Addl. District Judge and anr.
Court: Allahabad
Decided on: Jan-22-2007
Reported in: 2007(2)AWC1505
S.U. Khan, J.1. At the time of hearing no one appeared on behalf of the legal representatives of respondent No. 2 in spite of sufficient service. Accordingly only the arguments of the learned Counsel for the petitioner were heard.2. This is tenant's writ petition. Original landlady-respondent No. 2, Shrimati Shakila, since deceased and survived by legal representatives, instituted suit for eviction and recovery of arrears of rent against the original tenant-petitioner since deceased and survived by legal representatives, which was registered as Suit No. 110 of 1971. The suit was dismissed with costs by J.S.C.C., Agra, on 17.5.1979. Against the said judgment and decree Civil Revision No. 183 of 1979 was filed by the original landlady. IIIrd A.D.J., Agra, allowed the revision through judgment and order dated 13.1.1986. The learned A.D.J. set aside the judgment and decree passed by the trial court and decreed the suit for eviction and recovery of arrears of rent. This writ petition is dir...
Commissioner of Trade Tax Vs. Vijendra Engineering
Court: Allahabad
Decided on: Jan-22-2007
Reported in: (2009)25VST600(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') is directed against the order of Tribunal dated December 10, 1998 relating to the assessment year 1995-96 under the Central Sales Tax Act, 1956.2. During the year under consideration, dealer/opposite party (hereinafter referred to as, 'the dealer') had made stock transfer through its commission agent M/s. M. S. P. Automobiles, Virudhunagar, Tamil Nadu, for Rs. 7,38,680. Dealer had appointed M/s. M. S. P. Automobiles, Virudhunagar, Tamil Nadu as its consignment agent for sale of stock transfer by a written agreement. Under the terms of the agreement commission agent had to pay 90 per cent amount in advance and 10 per cent subsequently. The assessing authority treated the stock transfer as inter-State sales merely on the ground that as per the terms of the agreement, commission agent had to pay 90 per cent of the value of the goods. The first appeal filed by the dea...
Smt. Sindhu Kumari, Widow of Late Ram Jiyawan Lal Srivastava Vs. State ...
Court: Allahabad
Decided on: Jan-18-2007
Reported in: 2007(3)AWC2678; [2007(113)FLR332]
D.P. Singh, J.1. Heard learned Counsel for the petitioner and Shri Amit Kumar Singh for the contesting respondent.2. This petition is directed against an order dated 12.7.2006 passed by the respondent No. 4 and the consequential order dated 14.7.2006 by which the petitioner has been reverted to her Seasonal Clerk post.3. The petitioner was appointed as a Seasonal Clerk in the Cooperative Cane Development Society Limited Khadda in Kushi Nagar. By an order dated 19.7.2005 she was given the post of a regular Clerk in the regular Establishment in the pay scale of Rs. 950-1500 on which basis she joined and continued to work. By the impugned orders she has been reverted back to the Seasonal Cadre and the order dated 19.7.2005 has been cancelled.4. Learned Counsel for the petitioner has urged that the impugned orders have been passed in violation of the principles of natural justice without giving any notice or opportunity to her.5. The services of the seasonal as well as the permanent staff ...
Cattle Remedies and anr. Vs. Licensing Authority/Director of Ayurvedic ...
Court: Allahabad
Decided on: Jan-18-2007
Reported in: 2007(2)AWC1093
Yatindra Singh, J.1. The controversy involved in these two writ petitions revolves around two of the intellectual property rights (I.P.Rs.) namely Patents and Trade marks; it also involves their interplay with the Drugs and Cosmetics Act, 1940 (the Drugs Act). It arises in connection of grant of licence to manufacture Ayurvedic drugs for animals.The Facts:2. M/s. Cattle Remedies, Araon Road, Sirsaganj, Firozabad (the petitioner) as well as M/s. Bio-Herbs Pharma, Chamar Gate, Hathras (the contesting respondents) manufacture Ayurvedic drugs for animals.3. They have licence to manufacture many Ayurvedic drugs but controversy here is in regard to the grant of licence for the following three Ayurvedic drugs (the disputed drugs) for the animals that both of them have given same name. They are:(i) Catone : It is a powder. It is for cleaning stomach and improving digestion (ii) Catcough : It is a paste. It is for 'cough and cold'(iii) Uterotone : It is a syrup. It is for facilitating reproduct...
Nanku Prasad and ors. Vs. Rameshwar Giri and ors.
Court: Allahabad
Decided on: Jan-18-2007
Reported in: 2007(2)AWC1229
Tarun Agarwala, J.1. The plaintiffs filed a suit for a permanent injunction praying that the defendants and their agents and associates be restrained from interfering in any manner in the functioning of the plaintiffs by providing Deotai Boat, (Goddess boat) inside the river Ganga and Yamuna and at the Sangam point, to the pilgrims and bathers. The plaintiffs further prayed that the defendants should be restramed from doing the business and functioning as gosain pandas inside the water on their personal boats for the purposes of providing facilities to the bathers and the pilgrims. The plaintiffs also prayed that the defendants should be restrained from receiving any sort of offerings inside the water from the pilgrims and the bathers.2. The plaintiffs alleged that there are three types of pandas in Allahabad. The first kind of pandas are called the 'prayagwal pandas', who are located about 500 yards away from the water. It is alleged that the basic aim of these pandas is to provide re...
Balakram Bajpai Vs. Addl. District Judge, Court No. 4 and ors.
Court: Allahabad
Decided on: Jan-18-2007
Reported in: 2007(2)AWC1214
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner has filed this writ petition praying for a writ of certiorari quashing the Judgment and order dated 1.11.2006 passed by respondent No. 1 in Civil Appeal No. 27 of 2004, Radhey Shyam and Ors. v. Balakram Bajpai and Civil Appeal No. 75 of 2004, Balakram Bajpai v. Radhey Shyam and Ors., and order dated 7.5.2004 passed by respondent No. 2 in P.A. Case No. 19 of 2002, Radhey Shyam and Ors. v. Balakram Bajpai under Section 21(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972).3. The facts of the case, in brief, are that respondent Nos. 3. 4 and 5 filed an application under Section 21(1)(a) and (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) which was registered as P.A. Case No. 19 of 2002, Radhey Shyam and two others v. Balak Ram Bajpai, for release of south...
Anand Singh Vs. Presiding Officer, Labour Court and anr.
Court: Allahabad
Decided on: Jan-16-2007
Reported in: 2007(1)AWC912; [2007(113)FLR370]
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Through this review petition filed on 5.10.2005 review of judgment dated 31.3.1999 has been sought. The review petition is accompanied by delay condonation application. The ground taken in the said application is that the petitioner was not aware of the decision of writ petition and even after dismissal of the writ petition he had filed the supplementary-affidavit through another counsel under the assumption that the writ petition was pending. The writ petition was decided after hearing learned Counsel for the petitioner.3. In the counter-affidavit to the review application it has been stated that the other learned Counsel engaged by the petitioner, i.e., Sri D.P. Singh did not appear when the matter was earlier heard and decided even though his name was also printed in the cause list.4. The facts of the case are that 11 persons, including the petitioner, were appointed through letter dated 28.4.1980 on temporary basis on the pos...
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