Allahabad Court July 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Rajbala Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-23-2009
Reported in: 2009(4)AWC3561
Rakesh Sharma, J.1. Heard Sri Ram Shiromani Misra, learned Counsel for the petitioner and learned Standing Counsel representing the State.2. The petitioner, an erstwhile Assistant Sub Inspector (Ministerial) working in 41st Battalion, P.A.C., Ghaziabad has assailed the order of removal dated 13.1.2006 passed by the D.I.G., P.A.C., Meerut Range, Meerut and subsequent orders passed by the appellate and revisional authorities. It was a case of a lady police official who was a widow unknowingly, remarried to her junior colleague one constable (M) Ajeet Singh who was alleged to be already married to someone, In place of awarding a minor penalty as provided under Rule 29 of the U.P. Government Servant Conduct Rules, 1956, the petitioner has been dismissed from service. The punishment was too harsh and it did not commensurate to the charges levelled against her. Sub-rule (3) of rule 29 of the above said rule itself provides for awarding a minor penalty of withholding of an increment for three...
U.P. State Road Transport Corporation Vs. Xivth Additional District Ju ...
Court: Allahabad
Decided on: Jul-23-2009
Reported in: 2009(4)AWC3872
Poonam Srivastav, J.1. Heard Sri Sameer Sharma, learned Counsel for the petitioner and Sri R.K. Pandey, Counsel for the contesting respondent.2. The orders dated 20.2.1992 and 17.9.1991 passed by respondent Nos. 1 and 2 are impugned in the instant writ petition. The U.P.S.R.T.C. is a tenant of the accommodation in question, which is half portion of 96, Gwalior Road, Agra and remaining half portion is in occupation of the landlord.3. An application under Section 21(8) of U.P. Act No. 13 of 1972 was preferred for enhancement of rent. Rent at the relevant date when the application was instituted, was @ Rs. 195.31 paise per month. Constructed area in occupation of U.P.S.R.T.C. is 693.527 square metre and the total area including appurtenant land and out house is 19876 square metre. Claim of the landlord was that at the relevant time, market rate of the accommodation in occupation of the tenant was approximately Rs. 50 lakhs and, therefore, the rent if calculated in the prescribed manner, w...
Managing Committee and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-22-2009
Reported in: 2009(4)AWC3863
Devi Prasad Singh, J.1. Heard learned Counsel for the parties. Precisely, the substantial question of law involved in the present writ petition is whether the tenure of the Committee of Management may be extended by resolution of the General Body instead of electing the office bearers in accordance with the procedure provided in the bye-laws of the Society ?2. Aljamiya Tul Islamia Lil Banaat Educational Society, Dhaura, Tanda, District Bareilly, in short, Society is a society, registered under the Societies Registration Act. The Society runs a Madarsa with the name and title of Aljamiya Tul Islamia Lil Banaat, in short Madarsa. By the impugned order, the Assistant Registrar, Firms, Societies & Chits, Bareilly has allowed an amendment done in the bye-laws of the society vide alleged resolution of the general body dated 25.3.2007.3. Sri Ashok Khare, learned Senior counsel, assisted by sri Ismamul Rahman Khan submits that the Assistant registrar while passing the impugned order has exceed...
Harpal Singh Through Its L.R. Vs. Prescribed Authority, (Under U.P. Ac ...
Court: Allahabad
Decided on: Jul-22-2009
Reported in: 2009(4)AWC3868
Arun Tandon, J.1. Heard Sri Y.K. Sinha, learned Counsel for the petitioners, and learned standing Counsel for the State-respondents.2. These four writ petitions have been filed raising common question of fact and common question of law, they have been clubbed together and are being decided by this common judgment. The facts on record of Civil Misc. Writ Petition No. 27802 of 2009 are being stated for the purposes of present judgment treaing the same to be the leading case.3. Petitioners are aggrieved, by the order dated 28th September, 2006 whereby the Prescribed Authority, U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (U.P. Act No. XXII of 1972)/City Magistrate, Ghaziabad (hereinafter referred to as the 'Act No. XXII of 1972'), has allowed the application and has directed eviction of the petitioners from the shops in their possession, as also against the order dated 5th May, 2009, passed by the Additional District Judge, Court No. 8, Ghaziabad, whereby the appeal...
Smt. Raj Kumari Gupta Vs. Santosh Kumar
Court: Allahabad
Decided on: Jul-22-2009
Reported in: 2009(4)AWC4063
Poonam Srivastav, J.1. This writ petition was listed peremptorily yesterday. Sri J. J. Munir, learned Counsel for the petitioner had submitted that it is landlord petition and release application was filed on 4.4.1994 and is pending. Counter-affidavit has been filed on behalf of the contesting respondent. Since the case was listed peremptorily and counsel for the contesting respondent-tenant was not present, learned Counsel for the petitioner was directed to give a written notice to the counsel for the respondent and the case was directed to be put up tomorrow. Today an affidavit has been filed by Sri Rajendra Kumar Yadav, clerk of Sri J. J. Munir advocate stating therein that he has tried to locate Sri Ravindra Mishra, learned Counsel for the contesting respondent in the Court and also searched for him on his seat but he was not available. In the evening, he had gone at his residence and gave notice to Mr. Mishra but he refused to take notice, he gave assurance that he will be present...
Shiv Pujan Sahani Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-22-2009
Reported in: 2009(4)AWC4041
Amitava Lala, J.1. This writ petition has been filed by the petitioner to get a writ or direction issued in the nature of certiorari to quash the impugned notice dated 16th January, 2009 as well as order dated 22 November, 2008 issued/passed by Additional District Magistrate (Finance and Revenue), Kushinagar.2. It appears that vide an order dated 9th March, 2005 a mining lease was granted to the petitioner for excavating sand over an area of 5 acres for a period of 3 years, which was operated by the petitioner satisfactorily and thereafter the lease was renewed vide order dated 28th April, 2008 for a further period of 3 years. Pursuant to the order dated 28th April, 2008, the area was demarcated by a committee of three persons and demarcation report was submitted on 8 May, 2008. Ultimately, upon completion of formalities, the mining lease was executed on 14th May, 2008 and the petitioner started mining operation over the area demarcated. According to the petitioner, in the meantime som...
Commissioner of Wealth-tax and anr. Vs. Smt. Chandan
Court: Allahabad
Decided on: Jul-22-2009
Reported in: [2009]319ITR327(All)
1. The present wealth-tax appeal filed under Section 27A of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act') has been admitted on the sole substantial question of law framed in the memo of appeal:Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was legally correct in holding the appeal filed by the Department against the order of learned Commissioner of Wealth-tax (Appeals) passed on October 30, 1992, as infructuous without considering the merits, facts and material available on records, as while passing the fresh assessment order on January 30, 1992, the Assessing Officer had brought to tax further amounts of compensation, additional compensation and solatium, etc., on the basis of these received as a result of the decision dated May 31, 1986, of the Additional District Judge, which were not assessed in the original assessment order, appeal in respect of which was decided by the learned Income-tax Appellate Tribunal o...
Sriram and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Jul-21-2009
Reported in: 2009(4)AWC4054
A.P. Sahi, J.1. The present writ petition has been preferred against the order of Deputy Director of Consolidation, Allahabad, dated 16.2.2006 and the rejection of restoration application in the said revision whereby the Deputy Director of Consolidation has set aside the order of Consolidation Officer dated 9.10.1998 and order of the Settlement Officer Consolidation in Appeal dated 26.8.2002 and has declared Respondent No. 3 to be the co-sharer of the land of Khata Nos. 264 and 266, the disputed property in the present proceedings.2. The respondent - Ram Ratan and one Banshi filed objections under Section 9A(2) of The Uttar Pradesh Consolidation of Holdings Act, 1953 claiming co-tenancy rights in the Khatas aforesaid. The Consolidation Officer rejected the said objection on 9.10.1998 against which an appeal was filed before the Settlement Officer Consolidation which met the same fate. The appellate order is dated 26.8.2002. The respondent No. 3 filed a revision under Section 48 of The ...
Hradeshwar Nath Vs. Nandlal and anr.
Court: Allahabad
Decided on: Jul-21-2009
Reported in: 2009(4)AWC3613
Rakesh Sharma, J.1. Heard Sri Anil Kumar Misra, learned Counsel for the appellant and Sri Surendra Tiwari, learned Counsel for the caveator-respondents.2. This first appeal from order has come up for admission today.3. This first appeal from order is directed against the judgment and order dated 14.5.2009 and the decree dated 25.5.2009, passed by the IInd Additional District Judge, Sonbhadra, in Civil Appeal No. 15 of 2008. setting aside the judgment and order dated 29th April, 2008, passed by the learned trial court in Case No. 142 of 1997, Hradeshwar Nath v. Nandlal and Anr.4. It emerges from the record that a suit was filed in the year 1997 by one Hradeshwar Nath, the appellant herein, against the respondents, Nandlal and Amarnath, seeking permanent injunction, restraining the respondents from interfering in peaceful possession over the agricultural property in dispute and the Bamboo Grove. A restraint order was sought, restraining the respondent from felling and cutting the Bamboo ...
Mahfooz Ahmad Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-2009
Reported in: 2010(1)AWC293
Arun Tandon, J.1. Mahatma Gandhi Memorial Public Muslim Inter College, Kiratpur, Bijnor is an aided and recognized Intermediate College. The said institution has been declared to be a minority institution. The provisions of Intermediate Education Act and those of U.P. Act No. 24 of 1971 are applicable to teachers and staff of the said institution. The Committee of Management of the institution made an application before the District Inspector of Schools seeking permission to make selections/appointment on 8 vacancies of Assistant Teachers which were lying vacant. The permission applied for was granted by the District Inspector of Schools vide order dated 27.8.2007. The Committee accordingly published advertisements in newspaper namely Daily Shah Times, Rashtriya Sahara Urdu and Dainik Jagran respectively. A Selection Committee stated to have been constituted in accordance with Section 16FF of the Intermediate Education Act. The Selection Committee recommended the petitioner for appoint...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »