Allahabad Court August 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Lal Behari S/O Late Ram Abhilakh Under Gaurdianship of His Natural Fat ...
Court: Allahabad
Decided on: Aug-02-2007
Reported in: 2007(4)AWC4077
Tarun Agarwala, J.1. Heard Sri V.C. Misra, the learned senior counsel for the defendant-appellant. List of hearing cases has been revised, no one appears for the plaintiff- respondents.2. It transpires that the plaintiffs filed a suit for the cancellation of the adoption deed dated 13.10.1978 executed and registered in favour of the defendant. The plaintiff alleged that Ram Abhilash had executed a will dated 24.12.1976 bequeathing the entire property in his favour. On the other hand, the defendant was claiming to be the adopted son on the basis of a registered adoption deed. The plaintiffs contended that the adoption deed was obtained by fraud, inasmuch as, the adoption deed was executed on 13.10.1978 and that, Ram Abhilash died, soon thereafter, on 11.11.1978 and consequently suspicious circumstances surrounded the execution of the adoption deed. The plaintiffs alleged that Ram Abhilash was blind since birth and that he was seriously ill for about 5 to 6 months prior to his death. The...
Ari Vijay Singh Vs. State of U.P.
Court: Allahabad
Decided on: Aug-02-2007
Reported in: 2008CriLJ121
ORDERAjai Kumar Singh, J.1. This appeal has been preferred against the Judgment and order dated 24-3-2006 passed by Sri Mangal Prasad, Additional Sessions Judge, Fast Track Court No. 4, Kanpur Dehat in Special Trial No. 112 of 2000 State v. Ari Vijay arising out of case crime No. 264 of 2000 under Section 20(b) (ii) Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act.') Police Station Shivli District Kanpur Dehat convicting him under Section 20 (b)(ii) of the N.D.P.S. Act and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. One lac and in default of payment of fine to undergo rigorous imprisonment for further period of one year.2. Briefly stated the prosecution case is that on 20-9-2000 complainant Jai Prakash Yadav (Station Officer) along with other police personnel was going on official jeep towards Aniha Police outpost on canal bridge Bhiwan on patrol duty and also in search of wanted accused and when he r...
Smt. Sharifan and anr. Vs. Xith Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-02-2007
Reported in: 2008(1)AWC65
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This is a tenant's petition. The landlady, respondent No. 3, purchased house in dispute vide sale deed dated 1.6.1989. She sent notice dated 10.9.1990, informed the petitioner that his tenancy is in a part of house in dispute. Considering of one room @ Rs. 50, that the tenement is in dilapidated condition and not a habitable condition as the walls have developed big cracks and have left their joints with passage of time and are in irreparable condition. It was also informed to the petitioner as tenant that he has also failed to pay the rent w.e.f. 1.6.1989 inspite of demand, as such his tenancy is determined, hence he should hand over vacant and peaceful possession of the house in dispute within seven days of the receipt of the notice the respondents alongwith arrears of rent w.e.f. 1.6.1989 otherwise proceeding in accordance with law for her eviction would be initiated by the landlord.3. It appears fro...
A.R.C. Overseas Private Limited Vs. Bougainvillea Multiplex and Entert ...
Court: Allahabad
Decided on: Aug-02-2007
Reported in: 2008(2)AWC1212
Amitava Lala, J.1. By consent of the parties the appeal is heard on the informal papers being the complete set of the context as per the requirement.2. This appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 18.8.2006, passed by the court below dismissing the suit as well as rejecting the interim injunction application on the ground that the suit is not maintainable in view of the arbitration clause arising in the purported lease agreement executed by or between the parties on 27.12.2005.3. The specific grievance of the plaintiff/appellant in the suit is that they were threatened by the representative/s of the respondents to remove from the occupation and in the appeal the specific grievance is that boards of the shop were removed in the night of 4/5.8.2006, a notice of termination of occupancy right was issued to them on 5.8.2006 and they have threatened from entering into the shop from such date.4. Mr. B.D. Mandhyan, learned senior counsel appe...
Midi Extrusions Limited Through Its Managing Director R.K. Kapoor S/O ...
Court: Allahabad
Decided on: Aug-01-2007
Reported in: 2007(4)AWC3835
Rakesh Sharma, J.1. Both these writ petitions have been filed by the same petitioner and involve same questions of fact and law, hence they are decided by a common order.2. Heard Sri Shashi Nandan, learned Senior Advocate appearing for the petitioners , Sri B.K. Narain, learned Standing Counsel appearing for respondents No. 1 & 2 and Sri V.B. Upadhyay, learned senior Counsel for respondent No. 3 (respondent No. 4 in W.P. No. 8197 of 2007).3. Through these writ petitions, the petitioners M/s Midi Extrusions Ltd. claiming itself to be a Public Limited Company has assailed the order dated 24.3.01 and 28.2.02 cancelling the licence/allotment of Industrial plot No. B-4 situate in Industrial Area, Site No. V. Surajpur in district Ghaziabad. In addition to this, the petitioner has claimed restoration of the said industrial plot and also cancellation of allotment made to M/s Precisions Pipes and Profiles Company Ltd., respondent No. 3 in whose favour the aforementioned plot was subsequently fi...
The New India Assurance Company Limited Through the Branch Manager Thr ...
Court: Allahabad
Decided on: Aug-01-2007
Reported in: 2009ACJ970; 2007(4)AWC3751
Amitava Lala, J.1. This appeal is made by the insurance company from the judgement and award passed by the learned Judge, Motor Accidents Claims Tribunal dated 6th December, 2004. The total claim amount was Rs. 17,70,000/- which is arising out of injury. Out of the claim amount, loss of income and disability in total is RS. 13,80,000/-. The total awarded amount is Rs. 5,92,000/- with interest @ 6% per annum.2. The appeal has been preferred by the insurance company by saying that the awarded amount is more than the claimed amount of Rs. 3,00,000/- for loss of earning capacity on account of disablement.3. According to us, such ground is factually incorrect since both the claims, loss of earning capacity and disability, if added, will come to the aforesaid Rs. 13,80,000/- as above.4. However, the appeal is opposed by the claimants on a different ground. It has been contended by the claimants that appeal is not maintainable in the eye of law since the application of the insurance company u...
Mahesh Kumar Vs. Shibbo Singh and anr.
Court: Allahabad
Decided on: Aug-01-2007
Reported in: 2008(1)AWC228
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.The landlord/respondent filed S.C/C. Suit No. 6 of 1992, against the petitioner for arrears of rent and ejectment and an application under Order XV, Rule 5 of C.P.C. on the ground that the tenant/petitioner is not depositing the rent regularly and therefore, his defence is liable to be struck off.2. The tenant filed his objection elated 9.11.2004 to the application filed under Order XV, Rule 5 of C.P.C.3. The trial court rejected the application filed by the landlord/respondent dated 7.10.2004, vide order dated 1.12.2004.4. Aggrieved by the aforesaid order dated 1.12.2004, the landlord filed S.C.C. Revision No. 5 of 2005 before the District Judge, Mathura, which was allowed.5. The revisional court by the impugned order dated 24.5.2006 has set aside the order dated 1.12.2004 passed by the trial court and has struck off the defence of the tenant/petitioner. In the aforesaid backdrop, this writ petition has been filed.6. Relying up...
Ved Prakash Rastogi (D) Through L.Rs. Vs. Nagar Palika
Court: Allahabad
Decided on: Aug-01-2007
Reported in: AIR2008All27; 2007(4)AWC3980
Tarun Agarwala, J.1. This is a plaintiffs second appeal. The plaintiff filed a suit for permanent injunction alleging that he was the owner and in possession of plot Nos. 485 and 486. portions of which, were in the municipal limits. It was alleged that one Raghunath Sahai had filed Original Suit No. 113 of 1978 against the Municipal Board and the plaintiff with regard to the same plots in question and, in this suit, an issue with regard to the ownership of the plots was framed. This suit was dismissed against Sri Raghunath Sahai and the Court held that the plaintiff was the owner and in possession of plot Nos. 485 and 486. It was also alleged that the appeal filed by Sri Raghunath Sahai was also dismissed. The plaintiff therefore, contended that apart from being in possession for more than 12 years, a judicial pronouncement had also been given in his favour by a Court holding him to be the owner and in possession of the plots in question. The plaintiff alleged that in a portion of plot...
Zaheer Ahmad Shamsi Alias Munney Bhai Vs. Imtiaz HusaIn and anr.
Court: Allahabad
Decided on: Aug-01-2007
Reported in: 2008(1)AWC728
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed for quashing the order dated 4.9.2006, passed by the Additional District Judge, Court No. 2, Rampur in Rent Appeal No. 5 of 2006 whereby she set aside the judgment and order dated 13.5.2005 in P.A. Case No. 10 of 2003 passed by the Prescribed Authority/ Civil Judge (Senior Division), Rampur rejecting the release application of the respondents landlord.3. Briefly stated the facts of the case are that the respondents landlord filed P. A. Case No. 10 of 2003 against the petitioner tenant for release of the shop in dispute situate in Mohalla Domahla Road, Kooncha Nalbbendan, City District Rampur on the ground that two sons of respondents were out of employment ; that the landlords wanted to settle them in the business of general merchant and cold drink in the shop in dispute for which they bona fide required the shop in dispute for their need.' It was further pleaded in the applica...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›