Allahabad Court August 2007 Judgments
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Kamil and Brothers Registered Partnership Firm Through Its Partner Shr ...
Court: Allahabad
Decided on: Aug-22-2007
Reported in: AIR2008All33; 2007(4)AWC3976
Pankaj Mlthal, J.1. The plaintiff-appellant was awarded a contract for the supply of 30,000/- live sheep & goats to the defendant-respondent No. 1 i.e. Central Dairy Farm, Uttar Pradesh Pashu Dhan Uddyog Nigam Limited at the rate of Rs. 786/- per quintal. The contract was for a period of one year and the supply was to be made between 1.10.1985 to 30.9.1986. The plaintiff-appellant deposited a sum of Rs. 2,60,000/- as security for the good performance of the above contract. The said security amount was in the form of a fixed deposit with the Bank of India, Jhansi. The contract/agreement contained a forfeiture clause in respect of the security amount. According to the defendants-respondents since the plaintiff-appellant defaulted in the due performance of the contract, the security was directed to the forfeited.2. It was in the above circumstances the plaintiff-respondent a registered partnership firm through one of its partner filed original suit for permanent injunction restraining the...
Smt. Asharfi Devi and anr. Vs. Smt. Jagdish Kumari Alias Smt. Jagdisho ...
Court: Allahabad
Decided on: Aug-22-2007
Reported in: 2007(4)AWC3312
Pankaj Mithal, J.1. Under challenge are the judgments and orders of the courts below dated 31.10.1979 and 6.4.1979 and the consequential decree for specific performance thereof.2. One Diwan Singh was admittedly the sirdar having 1/5th share in the plots described at the foot of the plaint situate in village Shekhupur, Tehsil Anoopshahr, district Bulandshahr. It is alleged that the said Diwan Singh executed an agreement to sell dated 8.2.1973 in favour of Jagdish Kumari in respect of his entire aforesaid 1/5th share for a total sale consideration of Rs. 8,000 out of which It is said that he received Rs. 6,000 as advance. Dlwan Singh deposited 20 times of the land revenue on 16.1.1974 and obtained a sirdari sanad in respect of his share. After obtaining the sirdari sanad he executed a registered sale deed dated 18.1.1974 transferring his share in favour of Asharfi Devi wife of Amar Singh for a sum of Rs. 4,000.3. The plaintiff Jagdish Kumari on the above facts and circumstances filed Ori...
Sri Mahendra Pratap Singh Vs. State of U.P. Through the Secretary Avas ...
Court: Allahabad
Decided on: Aug-22-2007
Reported in: [2007(115)FLR482]
Tarun Agarwal, J.1. The petitioner was appointed as a Caretaker in Ghaziabad Development Authority on 9.8.1984. The Ghaziabad Development Authority in its meeting dated 21.1.1985 unanimously resolved to create a post of Public Relation Officer. This resolution was sent to the State Government for its approval, inasmuch as the power to create and sanction a post lies with the State Government. Pending consideration for the creation of the post before the State Government, the Ghaziabad Development Authority, by its order dated 3.4.1986 nominated the petitioner to work as an Assistant Public Relation Officer, in addition to the work of a Caretaker. Subsequently, by another order dated 2.9.1998, the petitioner was directed to work as a Public, Relation Officer till further orders, but was not entitled to be given the perks and benefits attached to the post of a Public Relation Officer. Eventually, by an order dated 25.8.1989, the Ghaziabad Development Authority appointed the petitioner as...
National thermal Power Corporation Vs. State of U.P. Through Collector ...
Court: Allahabad
Decided on: Aug-22-2007
Reported in: 2008(1)AWC434
1. Under challenge is the judgment, order and award dated 18.5.1993 passed by the First Addl. District Judge, Ghaziabad in a batch of 34 land acquisition references and the consequential decrees thereof.2. All these 34 appeals were listed and heard by us together with First appeal No. 357 of 1993 NTPC v. State of U.P. and Anr. and connected appeals as probably in all appeals land so acquired was for the benefit for NTPC. However, on closure scrutiny we found that in the above 34 appeals the notification for acquisition, award made by the SLAO as also the judgment, order and award of the reference court are all different. Therefore even though the arguments of the parties were on common line in both the set of appeals, we considered it proper to segregate these appeals and to decide them by a separate judgment.3. A preliminary notification was issued under Section 4(1) of the L.A. Act (hereinafter referred to as Act) on 5.8.1986 for acquiring an area 19 Bigha, 6 Biswa and 12 Biswansi in...
Chakresh Sharma Sri Jagdish Prasad Sharma and Smt. Manju Sharma W/O Sr ...
Court: Allahabad
Decided on: Aug-22-2007
Reported in: 2008(1)AWC206
B.S. Chauhan, J.1. This writ petition has been filed for quashing the notification under Section 4(1) read with Section 17(1) of the of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') issued on 20.06.2007 in respect of Khasra No. 744 situate in village Badalapur, Tehsil Dadri, District Gautam Budh Nagar.2. Large number of grievarces have been raised by the petitioners and allegations of mala fide have also been levelled against the respondents. However, Shri Pradeep Kumar, learned Counsel appearing for the respondents has raised a preliminary objection regarding maintainability of the writ petition contending that as declaration under Section 6 of the Act in respect of the land in dispute has not been issued, the writ petition is premature and should not be entertained for the reason that in case Section 6 declaration is not made, entertaining his petition would be a futile exercise.3. Shri S.K. Mishra, learned Counsel for the petitioners has vehemently submitted ...
Allahabad Transport Company Vs. Nagar Nigam and ors.
Court: Allahabad
Decided on: Aug-22-2007
Reported in: 2008(1)AWC64
ORDERH.L. Gokhale, C.J. and R.K. Agrawal, J.1. We have heard Mr. S. D. Singh, learned Counsel in support of the petition. No body is present for the Nagar Nigam Allahabad though the name of their counsel has been shown on the board.2. The petitioner is a transport company having its premises in the Transport Nagar area of Allahabad. The grievance in this petition is that the Municipal Authority has revised the assessment of the concerned property of the petitioner. The petitioner has filed an objection on receiving of notice but whatever decision was taken on it has not been made available to the petitioner.3. As far as this petition is concerned it is pointed out that it is stated in Paragraph 7 of the petition that the petitioner was assessed to tax for the period from 1st April, 2003 to 31st March, 2004 and the tax levied was Rs. 1,425.60. That amount was duly paid on 16th July, 2003. It is further stated that in July, 2003, the petitioner received a notice dated 9th June, 2003, for...
Babloo Vs. Munna Lal Verma and anr.
Court: Allahabad
Decided on: Aug-22-2007
Reported in: 2008(1)AWC223
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. The admitted facts of the case are that petitioner's father was a tenant of house No. 12/224, Gwal Toli, Kanpur Nagar. After the death of his father Sri Ram Dulare, the tenancy devolved upon his son Tek Chandra alongwith other family member.3. The case of the petitioner before the court below admittedly was that all the members of the family upon whom the tenancy had devolved consented that Sri Tek Chandra son of late Ram Dularey, the tenant, would inherit tenancy and they have no concern with it.4. Subsequently, Sri Tek Chandra acquired House No. 10/291, Khalasi Line, Kanpur Nagar. It also appears that other members of the family, i.e., Nanda, Chunni Lal Chunna and Babloo, after their marriage also acquired separate independent residential houses and only Smt. Anara Devi, the widow of the tenant late Ram Dularey, being alongwith her son minor Babloo continued to live in the house in dispute.5. The landlord moved a release ap...
Committee of Management, Kshetriya Shri Gandhi Asharam and Madhav Nara ...
Court: Allahabad
Decided on: Aug-21-2007
Reported in: 2008(1)AWC860
Arun Tandon, J.1. Kshetriya Sri Gandhi Ashram Shikohabad, District Firozabad is a society duly registered under the Societies Registration Act. The society has its own registered bye laws. Undisputed elections of the office bearers of the society took place on 24.02.2004. In the elections Sri Deena Nath Tiwari was elected as the Managing Trustee (Sanchalak) while Devendra Yadav was elected as the Secretary/Manager. For certain reasons, known to Deena Nath Tiwari, he forwarded a letter dated 12.10.2004, addressed to the Secretary, stating therein that for reasons recorded in the letter, the same may be treated to be his resignation and therefore a meeting be convened of the general body for electing a new Managing Trustee.2. On the strength of the letter so forwarded a meeting is said to have been convened by the Secretary Devendra Yadav under an agenda dated 31.12.2004. On the agenda so circulated, a meeting of the general body is alleged to have been taken place on 15.01.2005, wherein...
Sukhwasi and ors. Vs. Commissioner, Kanpur Division and ors.
Court: Allahabad
Decided on: Aug-21-2007
Reported in: 2007(4)AWC3310
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Property in dispute is situate in a village of Tehsil Chibra Mau. Before 17.9.1997 the said Tehsil was included in District Farrukhabad and thereafter it was included in District Kannauj. On 17.9.1997 a recommendation was made by Additional District Magistrate to the District Magistrate, Farrukhabad and on the next date, i.e., 18.9.1997 District Magistrate, Farrukhabad passed an order which is contained in Annexure-3 to the writ petition. In the said order it is mentioned that Pradhan of the village had given an application stating therein that about two to two and half years before previous Pradhan and previous lekhpal had prepared a fake allotment file of land of Gram Sabha of the said village and proceedings were being initiated on the basis of the said file at the time of giving the. application by Pradhan. Report was called for from the tehsildar who submitted the report on 12.9.1997 and stated that allotment in favour of 49...
United India Insurance Co. Ltd. Through Manager Vs. Ram Bahadur S/O La ...
Court: Allahabad
Decided on: Aug-21-2007
Reported in: 2007(4)AWC3755
1. This appeal has been preferred challenging the quantum of award by the Insurance Company, which has been assessed as Rs. 2.47,700/- inclusive of the damages.It has been contended that since the appellant was a casual labourer the assessment of amount of income for a sum of Rs. 1900/- per moth is not appropriate. Secondly, the reduction of 1/3 amount being personal expenses of the deceased is not appropriate in view of the decision of Donat Louis Machado v. L. Ravindra 2000 (1) T.A.C. 208 (SC).2. According to us, there is a factual difference between the referred case of the Supreme Court and the present one. In present case only the parents of a deceased bachelor of the age of 19 years are the claimants and in that case the parents and unmarried dauther of a deceased bachelor of the age of 31 years were the claimants. Therefore, the Supreme Court after enhancing the claim, made a deduction of 2/3rd on the understating of the fact that the bachelor would have spent 2/3rd amount of th...
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