Allahabad Court December 2008 Judgments
Hafij Ataullah Ansari Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-19-2008
Reported in: 2009(2)AWC1250
S.K. Singh and A.P. Sahi, JJ.1. This petition arises out of an order passed by the State Government in exercise of its powers under the first proviso to Sub-section (2) of Section 48 of the U.P. Municipalities Act, 1916, by which the petitioner, who is the Chairman of Nagar Panchayat, Dasna, Ghaziabad, has been deprived of his rights to exercise the financial and administrative powers in view of the charge indicated in the show-cause notice dated 24.10.2008. In view of the decisions, which have been cited at the Bar, we are of the opinion that the questions raised in this petition and that arise out of the interpretations given by this Court in the Division Bench decisions to be referred by us hereinafter, requires an authoritative pronouncement on the questions so raised, hence this reference.2. The facts shorn of details that have led to the filing of this petition are that the petitioner, after having been elected as Chairman, undertook the exercise of getting certain bye-laws notif...
Tag this Judgment!Bhagwan Shankar Bajpayee Vs. District Judge and ors.
Court: Allahabad
Decided on: Dec-19-2008
Reported in: 2009(1)AWC899
ORDERTarun Agarwala, J.1. The suit of the plaintiffs was decreed and the alleged Will was declared null and void. The defendant filed an appeal under Section 96 of the C.P.C. and also filed an application alongwith affidavit under Order XLI, Rule 5 of the C.P.C. for the suspension of the decree of the trial court. The appellate court admitted the appeal and issued a notice on the stay application to the plaintiff-opposite parties. The defendant, being aggrieved by the said order, has approached the writ court seeking appropriate direction under Article 227 of the Constitution of India. The petitioner alleges that the decree of the trial court entails serious civil consequences and that pursuant to the decree, the plaintiffs are purchasing the stamp papers with the intention of selling the property and consequently the defendant has approached the Court seeking protection of his rights.2. Having heard the learned Counsel for the petitioner-defendant and having perused the record, this C...
Tag this Judgment!Smt. Hiramani Devi and anr. Vs. Sanjay Singh
Court: Allahabad
Decided on: Dec-18-2008
Reported in: 2009(1)AWC926
Tarun Agarwala, J.1. Heard the learned Counsel for the parties.2. It transpires that the plaintiff-respondent filed a suit for permanent injunction restraining the defendants from interfering in the possession of the plaintiff in the shop in question. An application for temporary injunction was also filed which was considered and the trial court issued an ex parte injunction dated 16th April, 2004 directing the parties to maintain status quo on the disputed property. The notices were issued to defendant-petitioner No. 1, who appeared and filed an objection under Order VII, Rule 11 alleging that the suit was undervalued, and consequently, the plaint should be rejected. It was alleged that the Munsarim had given a wrong report with regard to the sufficiency of the court-fee.3. Based on the aforesaid application, the plaintiff filed an amendment application praying that he may be permitted to amend the plaint and be allowed to pay the deficiency of the court-fee since there appeared to be...
Tag this Judgment!Malhotra Tractors and anr. Vs. Chief Manager, State Bank of India and ...
Court: Allahabad
Decided on: Dec-18-2008
Reported in: AIR2009All150
1. Heard the learned Counsel for the parties.2. On account of default of payment of dues, the respondents have proceeded for the recovery of the dues and served notice under Sub-section (2) of Section 13 of the Securitisation & Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002 (for short the Act). The submission is that the respondents are proceeding a head to recover the dues by service of the impugned notice on unfounded grounds.3. Provisions contained in Sub-section (3A) of Section 13 of the Act provides that in case borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and inform the decision taken by it. For convenience, Section 13(1)(2)(3) and (3A) of the Act are reproduced as under:13. Enforcement of security interest.:(1) Notwithstanding anything contained in Section 69 or Section 69A of the Transfer of Property Act, 1882 (4 of 1882), any security interest created in fa...
Tag this Judgment!Smt. Urmila Devi and ors. Vs. Motor Vehicle Claim Tribunal/Viiith Addi ...
Court: Allahabad
Decided on: Dec-17-2008
Reported in: 2009(85)AWC1925
Sunil Ambwani, J.1. Heard Shri A.S. Diwakar, learned Counsel for the petitioners.2. This writ petition seeks to set aside an order dated 9.9.1988, passed by VIIIth Additional District and Sessions Judge, Varanasi rejecting the application to set aside the compromise dated 12.12.1987 filed in Motor Claim Petition No. 40/1986 in the lok adalat on the ground that petitioner's counsel Shri Radhey Mohan Srivastava was competent to sign the compromise and that the provisions of Order XXIII, Rule 1 of Code of Civil Procedure are not strictly applicable to the proceedings of Motor Vehicles Act.3. The counsel appearing for respondent Nos. 2 and 5 died during the pendency of the writ petition. Shri Atul Mehra appearing for respondent No. 3 has not cared to appear on any of the dates fixed in the matter. Now the office reports that steps have been taken and that the notices were again sent but the unserved notice or acknowledgment has not returned back. No one appears for the respondents and thus...
Tag this Judgment!Maulvi Abdul Rahman Siyai Vs. Sardar Maqbool Hasan and ors.
Court: Allahabad
Decided on: Dec-17-2008
Reported in: AIR2009All62
ORDERSabhajeet Yadav, J.1. The abovenoted civil revision has been preferred against the Judgment and order, dated 30-8-2008 passed by Civil Judge (Senior Division) Varanasi/Wakf Tribunal, whereby the applicatlon 241Ga and 242Ga filed by the revisionist in Wakf Referee No. 4 of 2007 Sardar Maqbool Hasan v. U.P. Sunni Central Wakf Board and others have been dismissed.2. The brief (facts leading to the case are that there is a wakf known as Wakf Masjid Lat, and Roja Hajrat Maqdoom Tazuddin Ahmad Bukhari (Wakf No. 7) Varanasi District Varanasi registered with U.P. Sunni Central Wakf Board. The said wakf is not created by any wakf-deed rather it was created by user and registered as Public Wakf. On account of (death Of Late, Mohd. Bashir S/o Haji Abdul Ahmad vacancy of Mutawalli in the said wakf had occurred. The applicant/revisionist and respondent No. 1 have approach the respondent No. 2 namely U.P Sunni central Wakfs Board by moving their appointment as Mutawalli or the Committee of Mana...
Tag this Judgment!National Insurance Co. Ltd. Etc. Vs. Jitendra Kumar and anr.
Court: Allahabad
Decided on: Dec-16-2008
Reported in: AIR2009All70
Amitava Lala, J.1. All the aforesaid appeals are analogously heard at the stage of admission on the informal papers as agreed upon by the contesting parties. The sole issue is whether the insurance company/companies is/are liable to pay compensation to the third party claimant/s when respective cheque/s on account of premium to be paid by the owner/s to them is/are dishonored.2. In FAFO No. 646 of 2008 it has been contended by the insurance Company that the cheque of the premium was issued by the owner on 02nd September, 2003 covering the period between 04th September, 2003 to 03rd September, 2004. The cheque was returned by the Bank to the Insurance Company on account of insufficient fund in the Account of the owner. Accident took place on 04th March, 2004.3. In FAFO No. 924 of 2008 it has been contended by the Insurance Company that the cheque of the premium was issued by the owner on 29th April, 2005 covering the period between 1st May, 2005 to 30th April, 2006. The cheque was retur...
Tag this Judgment!Smt. Shakuntla Devi Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-16-2008
Reported in: 2009(1)AWC925
S.U. Khan, J.1. Heard learned Counsel for the petitioner, learned Counsel for the respondent No. 6 and learned Counsel for the Union of India and its authorities, respondent Nos. 1 to 4. (Impleadment application to implead respondent No. 6 was allowed through order dated 18.11.2004 but actual Impleadment has not been carried out in the writ petition. Office shall do the same before issuing certified copy of this order).2. Late Rajendra Prasad Maurya was Lance Naik (L/Nk). He died-in-harness on 28.9.1991. Petitioner, being wife of late Sri R. P. Maurya was his nominee in his service records. However, it appears that late Sri R. P. Maurya had allegedly remarried with Smt. Neelam Devi, respondent No. 5, who is no more. Dispute arose regarding disbursement of retiral dues including pension. According to the petitioner, Captain, Record Officer on behalf of Officer-in-charge, Records wrote a letter on 8.7.1992 to the petitioner from Army Head Quarter, Secundarabad to the effect that on 12.6....
Tag this Judgment!Radhey Shyam Sh. and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-15-2008
Reported in: 2009(2)AWC1801
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri N.P. Singh, for the petitioners, learned standing counsel for respondent Nos. 1,2, and 3 and Sri Pradeep Kumar, who has put in appearance on behalf of respondent No. 4.2. The notifications dated 12.3.2008 and 19.11.2008 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') respectively are under challenge in this petition.3. The State Government has acquired certain land detailed in the aforesaid notifications, copies whereof have been placed on record as Annexures 1 and 2 to the writ petition, for planned industrial development in District Gautambhudh Nagar through Greater Noida Industrial Development Authority, which included plots No. 101, 394 and 399 of the petitioners.4. The notification dated 12.3.2008 published under Section 4 of the Act further states that the Governor being of the opinion that the provisions of Sub-section (1) of Section 17 of the Act are applicable to the land i...
Tag this Judgment!Smt. Mehroon Nisha Vs. Allah Tala Waqf No. 232 Masjid Akhoon Zada Sahi ...
Court: Allahabad
Decided on: Dec-15-2008
Reported in: 2009(2)AWC1241
Shishir Kumar, J.1. Heard Sri Santosh Kumar Mlshra learned Counsel for the petitioner and Ms. Rama Goel appearing for the respondent.2. The present writ petition has been filed for quashing the orders dated 23.9.2008 and 7.1.2008, passed by Judge, Small Cause Courts, Bareilly (Annexures-7 and 5 respectively to the writ petition).3. A suit has been filed by the respondent waqf against the petitioner for ejectment and arrears of rent before the Judge Small Causes Court on the ground of default. The Judge, Small Causes Court, vide its order dated 7.1.2008 allowed the application and directed that petitioner will handover the possession of the premises in dispute. Petitioner aggrieved by the aforesaid order filed a revision. That revision too has been dismissed by order dated 23.9.2008. confirming the order passed by Judge, Small Causes Court Act.4. Hence, the present writ petition.5. Learned Counsel for the petitioner submits that in view of lease deed executed in favour of petitioner the...
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