Allahabad Court September 2008 Judgments
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Narendra Pal Singh Gahlot Son of Late Balwant Singh Gahlot Vs. the Upp ...
Court: Allahabad
Decided on: Sep-24-2008
Reported in: 2009(1)AWC46
Shishir Kumar, J.1. This writ petition has been filed for quashing the impugned orders dated 24.4.1981 and 29.11.1997 (Annexures 2 and 5 to the writ petition) passed by prescribed authority and Appellate Authority (respondent Nos. -2 and 1).2. The facts arising out of present writ petition are that petitioner was served with a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 as amended by U.P. Act No. 18 of 1973 (hereinafter referred to as Act) for declaring 5.77 acres of land as surplus. Petitioner filed an objection on the ground that family of petitioner consists seven members, as such, petitioner is entitled in his ceiling area 22.97 acres of land. Further objection was taken that land detailed whereof has given is grove and same Hid has wrongly been treated as irrigated in notice under Section 10(2) of the Act. Further objection was also taken by petitioner that in good faith petitioner has transferred certain land, therefore, that land canno...
Dr. (Smt.) Shashi Prateek Vs. Charan Singh Verma and anr.
Court: Allahabad
Decided on: Sep-24-2008
Reported in: AIR2009All109; 2009(1)AWC212
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 3.9.2008 passed by. Civil Judge (Senior Division), Muzaffar Nagar purporting to be as Lok Adalat in Misc. Case No. 57 of 2007, whereby he has rejected the application of the petitioner moved under Order IX, Rule 13 read with Section 151, C.P.C. and refused to set aside the award dated 30.4.2006 passed by Lok Adalat in Original Suit No. 852 of 2005.2. It is stated that Original Suit No. 852 of 2005 was instituted by respondent No. 1-father of the petitioner by impleading her brother Dr. Ravi Kant as defendant No. 1 and petitioner as defendant No. 2. On 30.4.2006 the suit was decreed on the basis of compromise alleged to have been signed by the petitioner as defendant No. 2 in suit before the Lok Adalat held on that day. It is stated that in fact the petitioner had neither any knowledge of the institution of said suit nor she had engaged any counsel nor any compromise application was moved and signed by...
A.C.L. Education Centre Pvt. Ltd. Vs. Anglo American Centre for Langua ...
Court: Allahabad
Decided on: Sep-24-2008
Reported in: 2009(1)AWC1030; 2009(41)PTC764(All)
U.K. Dhaon and B.K. Narayana, JJ.1. Heard Sri Neeraj Grover, learned Counsel for the appellant and Sri S.P. Upadhyay, learned Counsel for the respondents.2. This appeal is directed against the order dated 31.5.08, passed by the District Judge, Lucknow dismissing an application under Order XXXIX, Rules 1 and 2 read with Section 151, C.P.C. moved by the plaintiff/appellant in Regular Suit No. 9 of 2008 filed by it in the Court of District Judge, Lucknow claiming that the respondents were guilty of publicising, continuing and offering their services of language training institute under the name 'Anglo American Centre for Languages' and/or A.A.C.L. which was strikingly identical and deceptively similar to the appellant's well known trademark 'American Centre for Languages' and/or A.C.L. amounting to passing off the respondents services and business as those of the appellant and in consequence praying for issuing of a decree for permanent injunction restraining the defendant/ respondents fr...
Zaheer Ahmad Vs. Hauz Wali Masjid and ors.
Court: Allahabad
Decided on: Sep-24-2008
Reported in: 2009(1)AWC483
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 26.8.2008 passed by Wakf Tribunal/Civil Judge (Sr. Division), Muzaffar Nagar, contained in Annexure-12 of the writ petition) whereby ex parte temporary injunction has been granted by the Wakf Tribunal in favour of respondents against the petitioner and further relief in the nature of mandamus commanding the Civil Judge (Sr. Division), Muzaffar Nagar not to give effect to and not to implement the appointment of respondents No. 1 to 3 as Wakf Committee and not to interfere in petitioner's functioning as mutawalli of the Wakf has been sought for.2. The brief facts leading to the case are that the wakf in dispute is a public and charitable wakf registered as wakf Masjid Hauz Wali No. 13 Muzaffar Nagar with the U. P. Central Wakf Board and its management is carried out by the petitioner. Earlier vide order dated 25.8.2001 the Wakf Board had appointed the Managing Committee for 5 years under the Presidentsh...
State of U.P. and ors. Vs. Khursheed Khan and ors.
Court: Allahabad
Decided on: Sep-23-2008
Reported in: 2008(4)AWC3659
Amitava Lala, J.1. This appeal has been preferred by the State as against the claimants upon being aggrieved and/or dissatisfied with the judgment passed by the Court of reference on 25th January, 2006. The appeal is delayed by 145 days as per the report of the concerned department of this High Court. Accordingly, the appeal is made with a supportive application for condonation of delay. Therefore, we are of the view that such application for condonation of delay will be taken up first for the purpose of its perusal and passing an appropriate order.2. We have gone through such application extensively. We find that the certified copies of the judgment and decree were applied on 28th January, 2006, which were made ready for delivery by the concerned court below on 8th February, 2006 and 13th February, 2006 respectively and were delivered on 10th February, 2006 and 14th February, 2006 respectively. The opinion of the District Government counsel was received by the Executive Engineer, Cons...
Mahendra Yadav Son of Shri Hansraj Yadav and Hansa Alias Hansraj Yadav ...
Court: Allahabad
Decided on: Sep-23-2008
Reported in: 2009CriLJ929
Arvind K. Tripathi, J.1. The present Criminal Revision has been filed against the order dated 29.7.2008 passed by learned Additional Sessions Judge/F.T. Court No. 2 Azamgarh summoning the applicants in exercise of power under Section 319 Cr.P.C. to face trial under Sections 323, 324, 509, 504, 506 and 3(1)(10) SC/ST Act, in S.T. No. 322/06 (State v. Suresh).2. Heard learned Counsel for the applicants and learned AGA and perused the record.3. Learned Counsel for the applicants submitted that the applicants were falsely implicated by opposite party No. 2 Sushil and during investigation it was found that the applicants were falsely implicated and the charge sheet was submitted only against Suresh Yadav under Sections 504, 506, 509, 323, 324 I.P.C. Thereafter, during trial after statement of PW-1 Shushil, applicants were summoned under Section 319 Cr.P.C. to face the trial. He has challenged the summoning order on the ground that no accused can be summoned under Section 319 Cr.P.C. without...
Vikram Simon Vs. State Information Commissioner, U.P. State Informatio ...
Court: Allahabad
Decided on: Sep-23-2008
Reported in: AIR2009All51; 2009(1)AWC70
Ashok Bhushan and Arun Tandon, JJ.1. Petitioner before this Court has been arrested in reference to the First Information Report in the case being Case Crime No. 457 of 2007 under Section 452/506 IPC and has been confined to prison.2. The petitioner made an application under the Right to Information Act, 2005 seeking information in respect of the following two questions:a. Whether Dr. R.S. Upadhyaya has lodged an F.I.R. with the Station House Officer, Highway, Mathura against the petitioner who is a resident of 883-A, Masihaganj, Sipri Bazar, Jhansi, on 15.07.2007 or not.b. Whether the petitioner was arrested outside the house of R.S. Upadhyaya and was sent to jail as was reported in the daily newspaper Amar Ujala dated 17.07.2007.3. The application so made by the petitioner was not replied in time and. therefore, he fifed an Appeal before the State Information Commissioner, U.P. The Appeal was numbered as Complaint No. S-4/95/(C)/08. The Commissioner under the impugned order dated 11....
In Re: Jagran Tv (P.) Ltd.
Court: Allahabad
Decided on: Sep-23-2008
Reported in: [2009]150CompCas532(All); [2009]90SCL138(All)
ORDERSunil Ambwani, J.1. Heard Shri Sambhu Chopra, learned Counsel for the petitioners. Shri V.K. Kain, the Company Prosecutor appears for the Official Liquidator and has placed on record the representation/affidavit of Shri Dhan Raj, Regional Director, Northern Region, Ministry of Corporate Affairs under Section 394A of the Companies Act, 1956.2. The confirmation petition seeks approval of the 'Scheme of Demerger' of IBN 7 (demerged undertaking of M/s. Jagran TV Private Ltd.) to be merged with Global Broadcast News Limited (GBN) (General news and entertainment arm of the Network 18 Group).3. The registered office of the Jagran TV Private Ltd. (the Demerged Company), is situated at 2, Sarvodaya Nagar within the jurisdiction of this Court. The registered office of BK Fincap Private Limited (the Transferor Company) is situate at 601, 6th Floor, Commercial Tower, Hotel Le Meridian, Raisina Road, New Delhi. The IBN18 Broadcast Limited (the Transferee-Company) has its registered office at 6...
Arjun (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Sep-22-2008
Reported in: 2009CriLJ618
Vijay Kumar Verma, J.1. Challenge in this appeal is to the judgment and order dated 31.01.2004, passed in S.T. No. 390 of 2002 by Sri Hira Lal, the then Additional Sessions Judge, Court No. 11 Gorakhpur, who convicted the appellant Arjun (hereinafter to be referred as 'the accused') under Section 302 of Indian Penal Code (in short 'the IPC') and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- with additional imprisonment for six month in default of payment fine.2. The incident resulting in the death of Ram Chandar, younger brother of the complainant Vishambhar Chaudhary, resident of village Belma, P.S. Campierganj, District Gorakhpur, occurred in the intervening night of 20/21.05.2002 at about 2.00 a.m. First Information Report was lodged by the complainant at P.S. Campierganj on 21.05.2002 at 11.45 a.m. The case of the prosecution as appearing from the chik FIR Ext. Ka 2 and statement of P.W.1 Vishambhar Chaudhary, in brief, is that accused Arjun and dec...
Smt. Kamli Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-22-2008
Reported in: 2008(4)AWC3749
Tarun Agarwala, J.1. Heard Sri K. Sahi, the learned Counsel for the petitioner and Sri G.K. Singh, the learned Counsel for the petitioner in the connected writ petition and Sri Ghanshyamji Dwivedi, the learned standing Counsel for the respondents.2. The short question which arises for consideration in the present writ petition is whether the authority is required to give a show cause notice and an opportunity of hearing to the elected Pradhan before ceasing the financial and administrative powers under the proviso to Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947. There is a divergence of opinion through various judgments of this Court. The Court, in the case of Smt. Sandhya Gupta v. District Magistrate, Auriaya and Ors. 1999 (90) RD 246, has held that an opportunity is required to be given to the Pradhan under the proviso to Section 95(1)(g) of the Act before ceasing the financial and administrative powers. Similar view has been given in Chandrajit Raj Bhar v. District Magistrat...
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