Allahabad Court August 2007 Judgments
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The New India Assurance Company Ltd., Sugar Sagar Gorakhpur Through It ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2007(4)AWC3754
Amitava Lala, J.1. The learned Counsel appearing on behalf of the Insurance Company by preferring this appeal contended before this Court that there was no information of the Insurance Company about transfer of the vehicle. However, it has been fairly contended before the Court that tribunal was informed by the concerned Regional Transport Authority but not the Insurance Company.2. We have gone through Section 157 of the Motor Vehicles Act, 1988 which is as follows:Transfer of certificate of insurance-(1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the...
Smt. Ram Pyari W/O Hari Ram Vs. Hari Ram Bhargva Son of Sri Dwarika Pr ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(1)AWC626
Tarun Agarwala, J.1. The plaintiff filed a suit for a declaration to the effect that the sale-deed executed in favour of his wife was a Benami Transaction and that he should declared to be the real owner and in possession. The suit was resisted by the defendant alleging that her husband led an immoral life and had kept a concubine and was addicted to liquor and that he neglected the defendant and her children as a result of which the defendant's father made a permanent provision for her livelihood in her name. The defendant contended that the agricultural land was not purchased from the earnings of the plaintiff but was purchased by her father. The defendant further contended that the suit was not maintainable in view of the provisions of Section 49 of the U.P. Consolidation of Holdings Act. The defendant further pleaded in the alternative that in the event, the transaction was found to be a benami transaction, the sale deed may be treated as a gift in her name.2. On the basis of the p...
Kashi Naresh Mehrotra Vs. Roop Narayan Chaudhari and ors.
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2007(4)AWC3463
Janardan Sahai, J.1. This application for amendment of the written statement has been filed in the present revision directed against a decree of the Judge Small Causes Court in a suit for rent and ejectment filed by the respondent Raj Narain Chaudhury against the applicant and proforma defendants respondents Shashi Kala and others. In para 1 of the plaint it is alleged that the defendant applicant Kashi Naresh Mehrotra is a tenant of the premises on behalf of the plaintiff. In para 3 of the plaint it is stated that the plaintiff got the property in dispute in a family settlement dated 3.8.1988. In the written statement the family settlement has been denied. What has been admitted is that the defendant applicant was a tenant of the plaintiffs father but it has been denied that there was relationship of landlord and tenant between the plaintiff and the defendant. It was alleged that an agreement of sale of the disputed shop was executed by Raj Narain Chaudhury plaintiffs father in favour...
Siddh Narayan Son of Sri Ram Suchit Vs. the Deputy Director of Consoli ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(1)AWC219
Krishna Murari, J.1. Heard Sri Anil Bhushan, learned Counsel for the petitioner.2. Dispute relates to plot No. 1288 situate in, village Nigdilpur, Pargana Nawabganj, District-Allahabad which was recorded in the name of Anad Behari Maharaj Virajman Mandir trust through its 'Sarwarakar'. Trust is stated to be a private trust. The petitioner claims to have purchased the land in dispute from one Vishwambhar Naravan who is stated to have been authorised by the trust for disposal of the property in dispute by the management of the Trust to secure money for maintenance of Mandir. Thereafter, the petitioner moved ah application under Section 12 of U. P. Consolidation of Holdings Act for short the Act') for mutation of his name which was allowed by Assistant Consolidation officer vide order dated 30th April 1991. The village came to be de-notified under Section 52 of the Act on 8.7.2004 Gaon Sabha/respondent No. 5 filed a time barred appeal challenging the order dated 30th April 1991 on 5th Oct...
Smt. Sangeeta and anr. Vs. Mange Ram
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(1)AWC467
Prakash Krishna, J.1. This is an unfortunate litigation. The two parties are fighting for the custody of minor Ashu. The appellant No. 1 is the mother ; while the appellant No. 2 is the maternal uncle. The sole respondent is grandfather of the minor. The appellant No. 1 was married with Brajveer Singh son of the sole respondent as per Hindu rites on 44th of March, 1994. The minor in question who is male child was born on 18th of April, 1995 out of this wedlock. For certain reasons the father and mother of the minor could not pull on well together and litigation started between them. Brajveer Singh, father of the minor is missing since 10th of June, 1998 and since then he has not returned home. A petition for divorce on the basis of cruelty being Case No. 787 of 1998 was instituted by Smt. Sangeeta, the appellant No. 1 herein wherein an ex parte decree dated 5th of March, 1999 has been passed. It has been stated that the minor is residing with his mother and the mother has been remarrie...
Smt. Chandra Jota and ors. Vs. Deputy Director of Consolidation and or ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(1)AWC444
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition was earlier allowed by me on 20.4.2006 without hearing any one on behalf of respondents as no one had appeared. Thereafter re-hearing application was filed on behalf of contesting respondents which was allowed on 9.2.2007 and judgment and order dated 20.4.2006 was set aside. Thereafter arguments of learned Counsel for both the parties were heard on merit of the writ petition on 11.5.2007 and judgment was reserved.3. Land, even though entered as agricultural land in the revenue record but having abadi/commercial potential belonging to different parties of this writ petition was disturbed and allotted to other persons (or interchanged between petitioners and respondents) by the consolidation authorities giving rise to this writ petition.4. Valuation of land having abadi/commercial potential cannot be determined categorically in accordance with the formula provided therefor under U. P. Imposition of Ceiling on Lan...
Pramod Kumar and anr. Vs. Pratap Shankar Vershney
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(2)AWC1692
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. By means of this petition the petitioners are challenging the validity and correctness of the order dated 19.4.2007, passed by the Addl. District Judge, Court No. 9, Aligarh in S.C.C. Revision No. 51 of 2004 arising out of Suit No. 128 of 1995 dated 17.4.2004.3. Brief facts culled out from the petition are that the respondent-landlord filed S.C.C. suit against the petitioner, which was registered as 128 of 1995 alleging therein that the petitioners are tenant in Shop No. 34 Banke Market, Bada Bazar, Aligarh on monthly rent @ Rs. 300 since 1.4.1992.4. The averments made in the plaint is that the petitioners are carrying on the business of betel leaves (Tendupatta) from the said shop. The suit was contested by the petitioner by filing written statement stating therein that they are not the tenants in the shop nor it is a shop. It is rather a space left out for construction of urinal where the petitioners are keeping their 'dhak...
Abhishek Kandia Son of Rambir Singh and ors. Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Aug-14-2007
Reported in: AIR2007All204; 2007(4)AWC3607
Sunil Ambwani, J.1. Heard Shri S.N. Shukla assisted by Shri Awanish Misra for petitioners and Shri Navin Sinha, learned Senior Advocate assisted by Shri Anurag Khanna for Subharati Medical College, Meerut. Learned Standing Counsel appears for the State respondents.2. In the Writ Petition No. 12333 of 2004, Abhishek Kodian and 63 others, are students of Subharti Medical College, Subharti Puram, 1 Delhi-Haridwar-Meerut By Pass Road, Meerut, admitted to MBBS Course through Combined Pre-Medical Test-2002. They have prayed for directions to the Subharti Medical College, Meerut-respondent No. 3 and Subharti K.K.B. Charitable Trust, Meerut-respondent No. 4, running the college not to charge fees over and above the fees mentioned in the 'Information Brochure' with an undertaking that petitioners shall pay the fees within the time as per information brochure or mentioned in the Government Order dated 8.1.2003. The brochure provides for fees of Rs. 1, 10, 000/ per annum for 'payment seat', and R...
Anoop Kumar Niranjan Son of Sri Siya Ram Niranjan Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Aug-14-2007
Reported in: 2008(2)AWC1744; [2007(115)FLR489]
Sunil Ambwani, J.1. Heard Shri R.C. Maurya, learned Counsel for petitioner and Shri Mahendra Pratap for respondent Nos. 2 and 3. Learned standing counsel appears for State respondent.2. The parties have exchanged affidavits. With their consent the write petition was heard, and is decided at the admission stage.3. The petitioner belongs to Other Backward class (Kurmi) (OBC) category and is a physically challenged person since childhood. He suffers from physical disability in the lower limbs assessed between 50-70% and falls in the category of the physically disabled person'. The petitioner passed High School Examination-1996 in first division from Secondary Education Board; the Intermediate Examination-1999 in first division and was thereafter admitted to Bachelor of Dental Surgeon (BDS) Degree Course in UP King George's University of Dental Sciences Lucknow in the year 2001 and has passed final examination on 29.3.2006. The Special Medical Board constituted by the Director, Medical and...
Mujahid Son of Ahmad HussaIn Vs. State of U.P. Through Secretary, Panc ...
Court: Allahabad
Decided on: Aug-14-2007
Reported in: 2008(2)AWC1670
Arun Tandon, J.1. The petitioner Mujahid contested the elections of Pradhan of Gram Panchayat Hareta Vikas Khand Said Nagar, District Rampur. It is admitted on record that the seat of Pradhan of the village was reserved for Backward Class. The petitioner who belongs to Turk by Caste and as such is a Member of General Category produced a caste certificate from the Tehsildar sadar, Rampur dated 06.9.1995 which recorded that the petitioner is to Jhojha by caste and, therefore, within the category of Other Backward Class. On a complaint made in respect of certificate so produced, a notice was issued on 10.7,2007 to which the petitioner has filed his reply.2. After examination of the explanation furnished and the records the District Magistrate under the impugned order dated 23.7.2007 has recorded that the reply filed by the petitioner to the notice dated 10.7.2007, is not satisfactory. He has held that petitioner has produced a forged caste certificate and therefore, his election is null a...
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