Allahabad Court September 2007 Judgments
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Smt. Rajni Shukla Vs. Special Judge (E.C. Act) and anr.
Court: Allahabad
Decided on: Sep-10-2007
Reported in: 2007(4)AWC4176
S.U. Khan, J.1. At the time of arguments, no one appeared on behalf of contesting respondent No. 2, Ashok Kumar Awasthi, hence only the arguments of the learned Counsel for the petitioner were heard.2. Petitioner has instituted O.S. No. 99 of 1991 against respondent No. 2. Ashok Kumar Awasthi. In the suit, plaintiff petitioner filed an application 73ga stating therein that she was suffering from heart disease, hence she had executed a power-of-attorney in favour of her husband indicating therein that whatever her husband would do in the suit would be acceptable to her and binding upon her. The defendant opposed the application and stated that plaintiff was not ill as alleged by her. Power-of-attorney was also filed alongwith the application. Copy of the said power-of-attorney is Annexure-4 to the writ petition. In the said power-of-attorney, after recording that she was suffering from heart disease and unable to move, plaintiff stated that she was appointing her husband as general powe...
Murli and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-10-2007
Reported in: 2008CriLJ1537
ORDERRavindra Singh, J.1. This application has been filed with a prayer to quash the order dated 30-4-2004 passed by the learned Additional Sessions Judge/F.T.C. Court No. 2 Bhadohi Gyanpur in S.T. No. 43 of 2006 whereby the application No. 42 kha moved by the applicant to summon Dr. Neer Singh, Government Hospital, Deeh Koirauna along with medico register and medical examination report in defence, has been rejected.2. The facts of the case in brief are that the applicants are the accused in ST. No. 43 of 2006 pending in the court of learned Additional Sessions Judge/F.T.C.-II Bhadohi Gyanpur, they have moved application for summoning Dr. Neer Singh along with medico register and medical examination report as defence witness, the same has been rejected by the trial court on 30-4-2007, being aggrieved from the order dated 30-4-2007 the present application has been filed by the applicants.3. Heard Sri S.K. Dubey, learned Counsel for the applicant, learned A.G.A. for the State of U.P.4. I...
Lakhanpur Co-operative Housing Society Limited and anr. Vs. Board of R ...
Court: Allahabad
Decided on: Sep-10-2007
Reported in: 2008(2)AWC1667
Krishna Murari, J.1. These are 13 connected writ petitions raising common question of law and facts and are directed against common judgment and order dated 2.9.1994, passed by Board of Revenue deciding 13 second appeals.2. Heard Sri Ashok Trivedi, learned Counsel appearing for the petitioner, learned standing counsel and Sri Lalji Sinha assisted by Sri Sanjay Kumar Om appearing for respondent No. 7.3. The petitioner a registered society purchased certain land on various dates in the years 1966, 1967 and 1968 from various tenure holders through different registered sale deeds. In December, 1976, respondent No. 4 filed 13 suits under Section 163 of U.P. Zamindari Abolition and Land Reforms Act (for short the 'Act') on the ground that petitioner-society has acquired more than 12.50 acres of land by means of various sale deeds without permission of the State Government and thus, was liable to be ejected from the surplus land and the same was liable to be vested in the State^Xll the suits ...
Ram NaraIn Son of Sunder Lal, Vs. Sub Divisional Officer and ors.
Court: Allahabad
Decided on: Sep-07-2007
Reported in: 2008(1)AWC35
Anjani Kumar and Sabhajeet Yadav, JJ.1. By this petition, the petitioners have sought relief of certiorari for quashing the notice dated 7.06.1989 purporting to be under Rule 115-C and Rule 115-D of U.P. Zamindari Abolition and Land Reforms Rules 1952 (hereinafter referred to as 'the Rules') contained in Annexure-1 and report of Tehsildar respondent No. 2 dated 24.5.1989 contained in Annexure-14 and order dated 20.6.1989 passed by respondent No. 1 contained in Annexure-15 respectively to the writ petition and further relief in the nature of mandamus directing the respondents not to give effect the impugned order and not to make Amal Daramat in revenue records on the basis of impugned orders and not to change the nature of land in dispute, have also been sought for. By notice dated 7.8.1989 contained in Annexure-1 of the writ petition the Tehsildar/Assistant Collector, Tehsil Kairana District Muzaffarnagar has asked the petitioners to vacate the land in question belonging to Gaon Sabha ...
New Okhla Industrial Development Authority Through Its Chairman/Chief ...
Court: Allahabad
Decided on: Sep-07-2007
Reported in: 2008(2)AWC1664
Poonam Srivastav, J.1. Heard Sri U.S. Awasthi, learned Counsel for the appellant and Sri B.D. Mandhyan, Senior Advocate, Assisted by Sri S.C. Mandbyan, Sri A.K. Singh and Sri Badri Singh Advocates for the plaintiff-respondent.2. The plaintiff-respondent instituted a suit No. 974 of 199: against the defendant-appellant for injunction in respect of Plot No. 40 area 150 Sq. yards situated in Khasra No. 16-M Village Mamura, Par ana and Tehsil Dadri, District Ghaziabad (hereinafter referred as disputed land). The plaintiff claimed his title on the basis of allotment made by Land Management Committee in the year 1974 to one Hukum Singh as he was a member of Scheduled Caste Community. Hukum Singh foresaid executed a sale deed on 23.5.1995 for an amount of Rs. 45.000/- in favour of the plaintiff and subsequent to the sale deed, the plaintiff is owner in occupation. Since the disputed land is in the vicinity of Sector 59 of Noida authority (defendant-appellant), they are interfering in the plai...
indal Kumar Kushwaha and Rajaram Kushwaha Sons of Ramdhan and ors. Vs. ...
Court: Allahabad
Decided on: Sep-07-2007
Reported in: 2007(4)AWC4191
Pankaj Mithal, J.1. This second appeal has been preferred by the defendants of Original No. 210 of 1984 (Achchey Lal Gupta and Ors. v. Indra Kumar Kushwaha and Ors.) after the suit for specific performance of the agreement to sell had been decreed against them by the two Courts below.2. The defendants Indra Kumar Kushwaha and Raja Ram Kushwaha were undisputedly the Bhoomidhars with transferable rights in possession of the following plots of land situate in Tafsil Jail Waka Mauja Banakteechak, Tappa Kasba, Pargana Hawoli, Tehsil Sadar: District Gorakhpur:Arazi No. Rakba15 -0-9-1/216 -12-1/217 -9-9-18 -32-3-19 -2-7-20 -25-2-25 -6-6-Total 90 Desimai 3. In the suit instituted by plaintiffs it is said that the aforesaid two defendants were in need of money and, therefore, they executed an agreement to sell the aforesaid land on 7.7.1973 in favour of the Shiv Poojan and Achche Lal Gupta for a total sale consideration of Rs. 70,000/-, out of which Rs. 10,000/- was paid in advance and the bala...
Tulsi Son of Faiku Vs. Doodh Nath and ors.
Court: Allahabad
Decided on: Sep-07-2007
Reported in: 2008(1)AWC374
Poonam Srivastav, J.1. Heard Sri H.C. Saxena and Sri O.P. Pandey, learned counsels for the appellant and Sri A.K. Mishra Advocate for the contesting respondents.2. This is plaintiffs second appeal against the judgment and decree dated 31.8.1995 passed by the Additional District Judge, Varanasi, Mahrajganj in Civil Appeal No. 1 of 1994 confirming the judgment and decree dated 15.12.1993 passed by Munsif Magistrate, Farenda, District Mahrajganj in Original Suit No. 280 of 1991.3. An Original Suit was preferred by the plaintiff claiming himself to be son of Phaiku and owner in occupation. It was pleaded that the defendant-respondents have started interfering with the peaceful possession of the appellant and injunction suit was instituted in respect of Plot No. 1499 area 749 D situated in Village Bargahpur, Pargana and Tehsil Farenda, District Mahrajganj. The claim of the defendants was on the basis of a Will executed by Phaiku. The defendants were nephew of Phaiku and it was contended tha...
Pawan Kumar Jindal S/O Sri Kundan Lal Jindal Vs. Bank of India, Gorakh ...
Court: Allahabad
Decided on: Sep-07-2007
Reported in: AIR2008All51; 2007(4)AWC159
Shishir Kumar, J.1. An application has been filed by the petitioner to recall the interim order which was vacated by this Court vide its order dated 16.1.2007. As the counsel for the parties are ready to argue the matter initially, therefore, with the consent of the parties the writ petition is being disposed of.2. By means of the present writ petition, the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 25.9.2006 (Annexure 10 to the writ petition) passed by the respondent No.3. Further a writ in the nature of certiorari quashing the order dated 11.12.2006 passed by respondent No.2 on the application dated 7.12.2006 in Appeal No. Nil of 2006 (Annexure 14 to the writ petition) and further prayer in the nature of mandamus has been made in the writ petition that the appeal filed by the petitioner be entertained by the respondents Under Section 30(1) of the Debts Recovery Tribunal (Procedure) Rules, 1993 after accepting Court fee of Rs. 250/- ...
Smt. Jamila Begum Nandini Vs. Shami Mohammad and ors.
Court: Allahabad
Decided on: Sep-07-2007
Reported in: AIR2008All24
ORDERPoonam Srivastav, J.1. Heard Sri M.D. Singh 'Shekhar' learned Counsel for the appellant and Sri Ajit Kumar, Advocate, appearing for the respondents.2. This is defendant's second appeal arising out of judgment and decree dated 28-10-1997 passed by the IX Additional District Judge in Civil Appeal No. 661 of 1983 setting aside the judgment and decree dated 7-3-1983 passed by II Additional Civil Judge in Original Suit No. 130 of 1980.3. The dispute is in respect of the house No. 88/85, Chamanganj, Kanpur Nagar. Facts giving rise to the dispute are that the plaintiff filed a suit for declaration that the mortgage deed dated 21-11-1967 and also sale deed dated 21-12-1970 in respect of the disputed property void and consequently cancel the sale deed. In the alternative, the plaintiff claimed redemption of the house in question in the event the mortgage is held to be valid. Father of plaintiff, Wali Mohammad Khan purchased two plots Nos. 55 and 56 in Blcok No. F Sisrnau, Kanpur Nagar and ...
Mohd. YasIn Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-07-2007
Reported in: 2008(1)AWC539
Ashok Bhushan, J.1. Heard counsel for the petitioner and learned standing counsel.2. By this writ petition the petitioner has prayed for quashing the order dated 3rd September, 2007 by which the petitioner's authorization/nomination to work as Pradhan has been withdrawn.3. The Pradhan of the village died on 30th April, 2007, causing a vacancy. Exercising power under Section 12J (2) of U. P. Panchayat Raj Act, 1947 an order was passed by District Magistrate on 13th June, 2007 nominating the petitioner to discharge the duties of the Pradhan. Copy of the said order has been filed as Annexure-2 to the writ petition. The order itself indicates that the nomination of the petitioner was purely temporary and can be withdrawn without any notice. Subsequently the District Magistrate by the impugned order dated 3.9.2007 has withdrawn the nomination of the petitioner and appointed another person to function as Pradhan.4. Learned Counsel for the petitioner contended that the said order has been pas...
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