Allahabad Court July 2009 Judgments
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Krishna Kumar Vs. Vyas Shiksha Prasar Samiti
Court: Allahabad
Decided on: Jul-31-2009
Reported in: 2009(4)AWC3518
Poonam Srivastav, J.1. Heard Sri K.M. Garg, learned Counsel for the tenant/petitioner and Sri R.K. Mlshra and Sri Neeraj Agrawal, counsels for the respondent.2. This is tenant's writ petition filed challenging the order dated 22.1.2009 whereby the revisional court has admitted additional evidence.3. Facts giving rise to the dispute is that S.C.C. Suit No. 51 of 1996 was filed on 20.5.1996, on the ground of arrears of rent against the petitioner and also claiming damages for use and occupation. Contention of the plaintiff/landlord is that U.P. Act No. 13 of 1972 is not applicable in respect of the accommodation in question, petitioner has committed default in payment of rent and respondent society is running primary school and junior high school in the name and style of Chameli Devi Kanya Vidya Mandir. A written statement was filed by tenant/petitioner on 21.7.1997 stating that he has not committed default in payment of rent and also provision of Act No. 13 of 1972 is applicable and the...
Paliwal Alloys (Pvt.) Limited Vs. U.P. Power Corporation Ltd. and ors.
Court: Allahabad
Decided on: Jul-31-2009
Reported in: 2009(4)AWC3746
Ashok Bhushan and R.A. Singh, JJ.1. Heard Sri Ran] it Saxena and Sri Vishal Dixit, learned Counsels appearing for the petitioner and Sri B.P. Singh Dhakrey and Sri H.P. Dubey learned Counsel appearing for the respondents.2. By this writ petition, the petitioner has prayed for quashing the order dated 10.6.2009, issued by the Executive Engineer, Daksinanchal Vidyut Vitran Nigam, Limited and the citation dated 29.6.2009 issued by the Tahsildar. Kol, Aligarh.3. Brief facts of the case, as emerge from the pleadings of the parties, are; the petitioner, which is a registered company, has been sanctioned load of 1500 K.V.A. by the respondents. A checking was conducted by the respondents of the premises of the petitioner on 14.6.2006. A first information report was also lodged against the petitioner. The assessment bill alleging theft of electricity was issued on 13.7.2006 for an amount of Rs. 84,33,146. Against the aforesaid assessment order a writ petition being Writ Petition No. 38611 of 20...
Amarnath Gupta Vs. Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Jul-31-2009
Reported in: 2009(4)AWC4079
Poonam Srivastav, J.1. An order was passed on 18.5.2005 whereby the Rent Control and Eviction Officer, Kanpur Nagar, declared vacancy of the disputed premises No. 54/37 Nayaganj, Kanpur Nagar, which is at present in possession of M/s. Keshav Fin. Con. Limited. While declaring the vacancy, it was observed that the landlord had enhanced the rent twenty times, to the tune of Rs. 2,500 of the previous tenant. Smt. Sushma Pachauri was residing and thereafter she vacated the premises in the month of January, 2004. Present tenant M/s. Keshav Fin. Con. Ltd. came in possession and was given at a monthly rent of Rs. 3,000 in January, 2004 itself.2. The contesting respondent moved an application for allotment of the premises in dispute to establish office of Vyapaar Mandal, Kanpur.3. The Rent Control Inspector gave a report that the building is let out on rent at the rate of Rs. 3,000 per month, and. therefore, it is outside from the purview of the provision of U.P. Act No. 13 of 1972. Affidavit ...
Smt. Sarojini Devi Sinha @ Saroj Sinha Vs. Pradeep Kumar Arora and anr ...
Court: Allahabad
Decided on: Jul-30-2009
Reported in: 2009(4)AWC4080
Poonam Srivastav, J.1. Heard Sri Kshitij Shailendra, learned Counsel for the petitioner/tenant and Smt. Rama Goel Bansal Advocate for the landlord/contesting respondent.2. The brief facts giving rise to the instant dispute is that Sri Nand Kumar Sinha, husband of the petitioner was the tenant of the residential house and after his death, the present petitioner has stepped in his shoes and now she is the tenant. The owner of the residential house in occupation of the petitioner was Sri Shiv Nath Khanna previously but now it has been purchased from Sri Shiv Nath Khanna and the respondents are now owners and landlord. The petitioner claims that certain repair was carried out by her husband after obtaining consent from the erstwhile owner/landlord Sri Shiv Nath Khanna. Immediately after purchase of the house, the respondents instituted Suit No. 69 of 2003 in the court of Judge Small Causes, Moradabad seeking eviction of the husband of the petitioner on the ground that the tenant had made c...
Union of India (Uoi) and ors. Vs. Dhruwa Dev Rai
Court: Allahabad
Decided on: Jul-30-2009
Reported in: 2010(1)AWC349
Amitava Lala, J.1. This writ petition has been filed by Union of India through the Secretary, Ministry of Defence, Government of India, North Block, New Delhi and others challenging the judgment and order passed by Central Administrative Tribunal, Allahabad dated 4th March, 2009 whereunder the impugned order of punishment dated 14th September, 2006, passed by appropriate authority is quashed and set aside. The petitioners were directed to open the sealed cover and consider the case of respondent thereunder with the recommendations of D.P.C with all consequential benefits. The exercise shall be completed within three months from the date of receipt of certified copy of this order. No order was passed as to costs.2. By filing this writ petition, Mr. K.C. Sinha, learned Counsel appearing for petitioners has contended before this Court that the order, which has been passed by Tribunal ought to be quashed for non-appreciation of facts about the incident.3. On the other hand, Mr. K.P. Singh,...
S.M.A. Abdi and anr. Vs. Private Secretaries Brotherhood and anr.
Court: Allahabad
Decided on: Jul-29-2009
Reported in: 2009(4)AWC4026
1. Heard Sri Zafar Nayyer, learned Additional Advocate General assisted by Sri M. C. Tripathi, learned Additional Chief Standing Counsel who appeared in support of this appeal and Sri M. D. Singh Shekhar, learned Senior Advocate assisted by Sri Tiwari who appears for the respondents.2. This contempt appeal is directed against the order passed by the learned Single Judge dated 16.7.2009 exercising the powers under the Contempt of Courts Act by which liberty has been given to the respondents to comply with the orders passed by this Court on 29.7.1998 in writ petition No. 17585 of 1996 within ten days and to file a fresh compliance report before the Court on the date fixed. It is further provided that in case the order is complied with nobody need to appear failing which the appellants are to appear in person before the court on the date fixed i.e. 30.7.2009. The order assailed in this appeal, for convenience, is quoted here:Heard Sri M. D. Singh Shekher learned Senior Counsel assisted by...
Wasan Shoes Ltd. and ors. Vs. Chairperson, Debts Recovery Appellate Tr ...
Court: Allahabad
Decided on: Jul-29-2009
Reported in: AIR2009All163; 2009(4)AWC3881
ORDERTarun Agarwala, J.1. Heard Shri Ravi Kant, the learned Senior Counsel, assisted by Shri Kushal Kant, the learned Counsel for the petitioners, Shri Siddharth, the learned Counsel for respondent Nos. 3 and 4, and Shri Shashi Nandan, the learned Senior counsel, assisted by Shri Pradeep Kumar, and Shri Ashutosh Srivastava, the learned Counsel for the auction purchaser (respondent No. 5).2. The respondent Bank filed a claim application in the year 2004 before the Debts Recovery Tribunal for recovery of Rs. 14,97 crores plus interest. During its pendency, a Demand Notice dated 30th September, 2005 was issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act) for Rs. 4,57,04,195.24 plus penal interest. It was alleged in the said notice that the petitioners were required to discharge their liabilities within sixty days and, in the meanwhile, the petitioners were restrained fro...
Lalloo and ors. Vs. Commissioner, Allahabad Division and ors.
Court: Allahabad
Decided on: Jul-29-2009
Reported in: 2009(4)AWC4021
Devi Prasad Singh, J.1. Heard learned Counsel for the parties as well as learned standing counsel and perused the record.2. The petitioners are the lease holders of surplus land left out in ceiling proceedings. In pursuance to the resolution of the Gram Sabha dated 17.9.1997 (Annexure-1), land in question was allotted to the petitioners and other persons (in total. 18 in number). The allotment was duly approved by the Pargana Adhikari on 6.6.1998 and in consequence thereof, the possession of lease land was given to the petitioners. The respondents 5 to 10 had filed an application under Sub-section (4) of Section 198 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short, 'Act') with the allegation that the lease has been granted to the relatives of the village Pradhan and his associates. It was stated by the complainant in their complaint (Annexure-2) that the lease land is being used for public purpose in the form of khalihan covered by trees. A plea was also taken that the ...
D. Freezo India Pvt. Ltd. and anr. Vs. U.P. State Industrial Developme ...
Court: Allahabad
Decided on: Jul-28-2009
Reported in: 2009(4)AWC3576
Ashok Bhushan, J.1. Heard Sri V. Shekhar, senior advocate, assisted by Sri Pradeep Dubey and Sri Aditya Kumar Singh for the petitioners, Sri Satish Chaturvedi, assisted by Sri Anadi Krishna Narayana for respondent No. 1, Sri V.P. Varshney assisted by Smt. Suman Jaiswal for respondent No. 4. Learned standing Counsel has been heard for respondents No. 2 and 3.2. Brief facts, which emerge from pleadings of the parties, are; the petitioners made an application on 7th December, 2000 for allotment of an industrial plot to U.P. State Industrial Development Corporation Ltd. Tronica City, Loni, district Ghaziabad. By an order dated 18th December, 2000 the petitioners were allotted Plot No. D-9/A/3 area 1800 square meters at the rate of Rs. 840 per square meter. The petitioners was asked to deposit 25% of the amount by 16th January, 2001, i.e., an amount of Rs. 3,28,000 after adjusting the earnest money of Rs. 60,000. The remaining 75% of the premium was to be paid by the petitioners in ten equa...
Smt. Safina Bano Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-28-2009
Reported in: 2009(4)AWC3558
Sunil Ambwani and Virendra Singh, JJ.1. Heard Shri R. N. Singh, senior advocate assisted by Shri G.K. Malviya for the petitioner. Learned Standing Counsel appears for respondent Nos. 1 to 4. Shri D.K. Agrawal appears for Smt. Neetu Sood-respondent No. 5.2. By this writ petition the petitioner holding a permanent stage carriage permit on the inter-State non-notified route: 'Jhansi-Khajuraho via Mauranipur - Navgaon - Chattarpur-Bamitha', a part of which falls in the State of U.P. and the other part in the State of Madhya Pradesh, has prayed for direction to quash the order dated 26.2.2009 passed by the Secretary, State Transport Authority, U.P. Lucknow by which he has countersigned the temporary permit of Smt. Neetu Sood-respondent No. 5. He has also prayed for directions to restrain the respondent No. 5 from plying her vehicle on the route in question on the ground that earlier the S.T.A. had refused to countersign her temporary permit, on the ground that there was no provision in the ...
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