Allahabad Court August 2007 Judgments

Dr. Munish Chandra Gupta Vs. Additional District Judge, Court No. 5 an ...

Court: Allahabad

Reported in: 2008(1)AWC469

Prakash Krishna, J.1. This is tenant's writ petition for quashing the decree of eviction passed against him in respect of a shop which belongs to the Madho Prasad Charitable Trust, respondent No. 3 herein.2. J.S.C.C. Suit No. 18 of 1995 was instituted by Madho Prasad Charitable Trust through Shri Kailash Chandra Mittal, Head Trustee and Kailash Chandra Mittal, respondent Nos. 3 and 4 herein, against the present petitioner, on the pleas inter alia that plaintiff Madho Prasad Charitable Trust being a public charitable and religious trust, has got temples, dharamsala situate at Station Road, Chandpur District Bijnor. The said trust is running a public library in a small room and the disputed shop is needed to widen the entrance gate of Mandir which is presently 4-1/2 ft. towards north of the Mandir. It claimed that recently number of deities of Bhagwan Ram Chandra Ji', 'Lakshman Ji', 'Sitaji', 'Radhaji', 'Krishan Ji', 'Hanuman Ji' and 'Ganesh Ji', which were brought from Jaipur, have been...

Jhullan Bari (D) Through L.Rs. Vs. Ist Additional District Judge and o ...

Court: Allahabad

Reported in: 2008(2)AWC1720

Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The brief facts of the case are that the plaintiff Sunder Lal instituted Suit No. 151 of 1885, in the Court of J.S.C.C., Gorakhpur praying for eviction of the petitioner Jhullan Bari from the accommodation in dispute and for recovery of Rs. 64.21 as arrears of rent and also for pendente lite and future damages @ Rs. 61.25 per month.3. The case of the plaintiff was that he was a karta of a joint Hindu family. He had let out the accommodation in dispute to one Om Prakash Mani Tripathi @ 6.25 P who defaulted in payment of rent from November, 1984 to July, 1985 ; that when the landlord went to collect the arrears of rent, he found that instead of Om Prakash Mani Tripathi, the petitioner Jhullan Bari, was in wrongful occupation as sub-tenant of the premises in dispute. Consequently, the respondent No. 3.4. Sunder Lal determined the tenancy of Om Prakash Mani Tripathi, respondent No. 4 in the writ petition an...

Mahesh Chandra Vs. Additional District Judge and ors.

Court: Allahabad

Reported in: 2008(1)AWC636

Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition is directed against the judgment and decree dated 5.5.2007 in SCC Revision No. 7 of 2004, Mahesh Chandra v. Dinesh Kumar Porwal and Anr., passed by Additional District Judge, Fast Track Court No. 1, Etawah, as well as the judgment and decree dated 6.5.2004 in S.C.C. Suit No. 19 of 1994, Dinesh Kumar Porwal v. Mahesh Chandra, passed by the Civil Judge (Junior Division), Etawah.3. Briefly stated the facts of the case are that respondent No. 3, is landlord of the shop in dispute in which the petitioner claims to be the tenant at the rate of Rs. 150 per month. The shop in dispute is said to have been purchased by respondent No. 3 from erstwhile landlord Laxman Singh son of Munai Singh by registered sale-deed dated 9.3.1994.4. Landlord respondent No. 3, filed S.C.C. Suit No. 19 of 1994, Dinesh Kumar v. Mahesh Chandra, in the Court of Civil Judge (Junior Division), Etawah, on the ground that the pe...

Kamla Prasad S/O Shiv Dhari Yadav Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Allahabad

1. Applicant Kamla Prasad, who superannuated on 29.02.1992, from the service of the respondents, has filed this O.A under Section 19 of Administrative Tribunals Act, 1985 for the following relief(s): (a). to quash the order dated 21.05.2004 (Annexure- 1), by which the respondents refused to give him pension; (b). to direct the respondents to pay him pension w.e.f. 01.03.1992, amount of leave encashment, group insurance and commuted value of pension etc; (c). to direct the respondents to pay arrears of pension w.e.f. 01.03.1992 together with interest at market rate.2. The applicant alleges that he was selected and appointed as Assistant Craftsman on 05.11.1979 and was subsequently regularized w.e.f. 03.10.1985 and after serving for more than 12 years, retired on 29.02.1992. He says that he was entitled to pension, as he put in more than 12 years in service, but was not given so, he filed one O.A No.34/2004, which this Tribunal disposed of vide order dated 21.01.2004 (Annexure- 3) direc...

A.D. State Developers Through Its Partner Sri Shobhit Mohan Das Vs. St ...

Court: Allahabad

Reported in: 2007(4)AWC3684

Rajes Kumar, J.1. By means of present writ petition, petitioner has challenged the notice dated 04.06.2005 issued by Deputy Inspector General of Stamp, Gorakhpur Mandal, Gorakhpur under Section 47A/33 of the Indian Stamp Act (hereinafter referred to as 'Act') relating to the valuation and the deficiency of the stamp in case No. 1/205-06, State v. A.D. State Developers, on the ground that once the stamp duty has been determined under Section 31 of the Act, the respondent has no jurisdiction to reopen the,' valuation of the property and the proceedings under Section 47A/33 of the Act suffers from manifest illegality on the face of the record.2. Heard learned Counsel for the parties.3. Learned Counsel for the petitioner submitted that for the determination of the stamp duty of plot No. 1/2, area 4.07 acre located in Ramgarh Tal Pariyojna, district Gorakhpur, which is located at 110 mtr. away from the main road, the petitioner moved an application under Section 31 of the Act on 21.11.2003....

Chandra Shekhar Son of Ram Sajiwan, Vs. the District Judge and ors.

Court: Allahabad

Reported in: [2007(115)FLR210]

Vineet Saran, J.1. In response to an advertisement issued by the District Judge, Banda on 13.9.1989 for filling up 14 vacancies and also for future vacancies, a list of 20 selected candidates was to be prepared, for which applications were invited. The petitioners and other persons had applied. After selection process, an approved list of 40 persons had been prepared in which the names of the petitioners found place at Serials No. 26, 30, 32 and 36. It has been submitted that out of the said list, 24 persons had been given I appointment and the last few appointments were given as late as in the year 1994. Even the person placed at Serial No. 2 has been given appointment, ignoring the petitioner No. 1 who was placed at Serial No. 26. On the petitioners not being given appointment even though they were in the approved list, they filed representations before the respondents. When nothing was done, they filed this writ petition with the prayer for a direction in the nature of mandamus comm...

U.P. Power Corporation Ltd. Through Executive Engineer, Electricity Ge ...

Court: Allahabad

Reported in: [2007(115)FLR638]

Bharati Sapru, J.1. The petitioner in the present writ petition is the U.P. Power Corporation Limited, which is a company incorporated UP Or the Companies Act, 1956. The petitioners have filed the present writ petition being aggrieved by an award of the Labour Court dated 30.3.2000 passed in adjudication case No. 3/89 by which the Labour Court has reinstated 19 workmen with full back wages.2. I have heard learned Counsel for the petitioner Sri Ranjit Saxena and Sri I.P. Srivastava for the respondents and have perused the material, pleadings and evidence which are on record of the case.3. The facts of the case are that the respondent workmen raised a claim before the Labour Court that their services have been wrongly terminated. A reference was made by the State Government in respect of 46 workmen on 30.6.1986 the claim as raised by the workmen was that their services have been wrongly terminated and in violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act. The ...

Bachcha Son of Maheshwari Deen Kumar Vs. State of U.P.

Court: Allahabad

Reported in: 2008CriLJ483

A.K. Roopanwal, J.1. The present appellant faced trial in S.T. No. 205/1996 lor having allegedly committed rape on the girl of tender age whose name need not be indicated and she can be described as the victim or prosecutrix. The Special Judge, S.C./S.T. Act, Hamirpur found the appellant guilty of offences punishable under Sections 376 read with Section 511, I.P.C. and Section 3(2)(5) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the S.C/S.T. Act). He was sentenced to 10 years R.I. under Section 376/511, I.P.C. and a fine of Rs. 2,500/- and life imprisonment under Section 3(2)(5) of S.C/S.T. Act along with fine of Rs. 2,500/-. All the imprisonments were made to run concurrently.2. The prosecution version in a nutshell is that on 16.6.96 st about 4.00 p.m. the prosecutrix was playing with his brother Jai Narain in front of her house. The appellant came there and enticed her away to his house and closed the door. After sometim...

Chandra Kumar Srivastava S/O Late Vs. Union of India (Uoi) Through Its

Court: Central Administrative Tribunal CAT Allahabad

1. The applicant has prayed for quashing the order dated 20.4.2005 (Annexure-1) by which the respondent No. 4 conveyed to him that his case for compassionate appointment could not be recommended and also to set-aside the letter dated 12.4.2005 referred to in the order dated 20.4.2005 and to direct the respondents to give him appointment on compassionate grounds.2. The applicant's father late Sri Sat Saran Lal Srivastava died on 5.3.2004, while still serving as Postman under the respondents, leaving behind him the applicant and others as disclosed in para 4.2 of the O.A. There appears to be no dispute that the applicant gave one application dated 13.6.2004 (Annexure-3) together with necessary certificates for appointment under dying in harness Rules. It was said that on account of sudden death of late Sri Sat Saran Lal Srivastava, the family was in distress as there was no earning member left to pull on the family. It appears that the applicant gave reminders pressing for decision on h...

Sachida Nand Pathak Son of Sri Surya NaraIn Pathak Vs. Regional Manage ...

Court: Allahabad

Reported in: 2008(2)AWC1792; [2007(115)FLR203]

Vineet Saran, J.1. The petitioner was appointed as a Conductor in the U.P. State Road Transport Corporation sometimes in the year 1979. On certain charges of carrying passengers without ticket the petitioner was placed under suspension by order dated 3.6.1988. removed from service. The petitioner challenged the said order in appeal, which was decided on 7.6.1990. The appellate authority held that the charges of the petitioner carrying 5 passengers without ticket on one occasion and 10 passengers without ticket on another occasion were proved against the petitioner. However, considering the fact that the third charge of carrying 23 passengers without ticket was also taken for his removal from service (on which ground he had been placed under suspension) and funding that no adequate opportunity of hearing was given to the petitioner with regard to the said charge, the appellate authority set aside the order passed by the disciplinary authority by which the petitioner was removed from ser...