Allahabad Court July 2009 Judgments
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islamuddIn Vs. Sri Umesh Chandrara Tiwari and anr.
Court: Allahabad
Decided on: Jul-06-2009
Reported in: 2009(4)AWC3680
1. This matter has come come up before us pursuant to the reference made by Hon'ble Single judge vide order dated 18.12.2006, formulating the following two questions to be answered by a larger Bench:(i). Whether the decision in Pallav Sheth case : 2001CriLJ4175 , can be construed so as to apply all the principles enshrined in the provisions of the Indian Limitation Act (except Section 17 thereof) and as to whether the same can be made applicable to proceedings to be initiated under Section 12 of the Contempt of Courts Act, 1971.(ii). Whether the High Court in exercise of its powers for initiating contempt of its Court or the contempt of its subordinate court or Tribunal, as the case may be, has the power to condone and waive the delay in initiation of contempt proceedings under Section 12 of the Courts Act.2. The two questions appear to have been formulated following the arguments advanced by the learned Counsel for the applicant based on certain observations of the Apex Court in Palla...
State of U.P. and ors. Vs. Committee of Management and ors.
Court: Allahabad
Decided on: Jul-06-2009
Reported in: 2009(4)AWC4033
1. We have heard Sri V.K.S. Chaudhary, learned Senior Advocate assisted by Sri B.N. Singh, Advocate on Intervener Application filed on behalf of Adhivakta Samanvay Samiti U.P. through its Secretary Sri R.K. Ojha, Advocate, Office at 198 Lukerganj, Allahabad, learned Standing Counsel for the appellant (in Special Appeal No. 517 of 2007) and Ch. N.A. Khan and other learned Counsels appearing for the parties in all the connected matters.2. The applicant has approached this Court with the prayer that it should be allowed to be heard in the above mentioned appeal alongwith other connected matters so that the applicant may support the judgement of Hon'ble Single Judge impugned in this appeal holding that Muslims are not entitled to be recognised as religious minority in the State of U.P. and accordingly, Madarsas run by Muslim communities are not entitled for grant in aid since they cannot be treated as minority religious institutions.3. At the outset this Court enquired from the learned Cou...
Swatantra Bharat Paper Mills Pvt. Ltd. and anr. Vs. State of U.P. and ...
Court: Allahabad
Decided on: Jul-06-2009
Reported in: 2009(4)AWC3356
Rajes Kumar, J.1. By means of the present writ petition, the petitioners are claiming the following reliefs:(i) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar Palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3410 hectare, which was earlier acquired by the State Government by issuing notifications under Section 4 on 24.11.2005 and under Section 6 on 23.6.2006.(ii) Issue an appropriate writ, order or direction in the nature of mandamus restraining the respondent authorities from interfering in the peaceful possession of the petitioners over Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar Palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3410 hectare.(iii) Issue an appropriate writ, order or direction in the nature of mandamus ...
Nasir Hasan Vs. District Deputy Director of Consolidation/Collector an ...
Court: Allahabad
Decided on: Jul-06-2009
Reported in: 2009(4)AWC4032
ORDERS.U. Khan, J.1. Learned counsel for the petitioner states that assami patta was granted to the petitioner on 12.6.1998 and Consolidation Officer, district Bijnor through order dated 22.12.2008, passed in the case State v. Nasir Hasan, directed that name of the petitioner shall be expunged from the revenue records. The said order has been challenged through this writ petition only on the ground that opportunity of hearing was not provided to the petitioner. By virtue of proviso to Rule 176A of U.P. Zamindari Abolition and Land Reforms Rules no assami patta can be granted for more than five years. On repeated inquiry of the Court as to what right the petitioner had to remain in possession after 5 years from 12.6.1998 learned Counsel for the petitioner could not give any reply. The only argument raised by the learned Counsel for the petitioner is that opportunity of hearing ought to have been granted. Supreme Court in Ashok Kumar Sonkar v. Union of India : 2007 (4) SCC 54 and Aligarh...
K.P. Coal Company Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Jul-03-2009
Reported in: (2009)25VST104(All)
Bharati Sapru, J.1. Heard learned Counsel for the assessee Shri K. Saxena and Shri K.M. Sahai, learned Counsel for the State.2. This revision has been filed by the assessee for the assessment year 1982-83 against the order of the Tribunal dated 29.1.2001.3. The question of law referred to are as given hereunder:(1) Whether on the facts and circumstances of the case, the Tribunal was justified in passing an ex- parte order.?(2) Whether, on the facts and circumstances of the case, the initiation of proceedings under Section 21 of the U.P. Trade Tax Act was justified.?(3) Whether on the facts and circumstances of the case, the Tribunal was justified in believing that the applicant had imported coal pursuant to the allotment order and sold the same even though there was no material on record to believe so.?(4) Whether on the facts and circumstances of the case, the estimate of the turnover in respect of sale of coal was justified. ?4. The facts of the case are that the revisionist was carr...
Sri Ganesh Prasad Dalal Dharmashala and ors. Vs. Kailash Nath Gupta
Court: Allahabad
Decided on: Jul-03-2009
Reported in: 2009(4)AWC3831
D.P. Singh, J.1. Heard learned Counsel for the petitioner. None appears for the respondent even though the case was taken up in the revised list and was heard for about an hour. Perused the record.2. Ganesh Prasad Dalal Dharmashala is owner of premises No. 26/33 Birhana Road, Kanpur Road where the contesting respondent was a tenant in a shop situated in the premises @ Rs. 25/- per month apart from taxes. It terminated the tenancy of the respondent tenant vide notice dated 21.10.1997 and when the tenant did not handover vacant possession, suit No. 299 of 1998 was instituted in the Court of Judge, Small Causes Court at Kanpur claiming his eviction on the basis of the arrears of rent. The case set up was that the petitioner is a public charitable institution and therefore, the provisions of U.P. Act No. 13 of 1972 (hereinafter referred as the 'Act') were not applicable and the tenant was liable for eviction. Initially the suit was decreed vide order dated 20.8.2002, but on revision it was...
Committee of Management, Shree Anar Devi Khandelwal Mahila Polytechnic ...
Court: Allahabad
Decided on: Jul-03-2009
Reported in: 2009(4)AWC3538
Vineet Saran, J.1. This is a petition filed by the Secretary of the society challenging the orders passed by the respondent No. 3, the Deputy Registrar, Firms, Societies and Chit Funds, Agra whereby he is proceeding to constitute the Committee of Management of the Society as per the terms of the bye-law's of the society.2. I have heard Sri Manish Goyal, learned Counsel for the petitioner at length as well as learned standing counsel appearing for the respondents No. 1, 2 and 3 and Sri Shailendra along with Sri Sudhindra, learned Counsel for the contesting respondent No. 4 and have perused the record.3. The brief background of this case is that Shree Anar Devi Khandelwal Mahila Polytechnic Shiksha Samiti is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). Admittedly, there has been no proper Committee of Management of the Institution run by the Society since the year 1992. The bye-laws provide that the Principal of Shree Anar Devi K...
Shyamal Kumar Ghosh and ors. Vs. Malay Ghosh and ors.
Court: Allahabad
Decided on: Jul-03-2009
Reported in: AIR2009All165; 2009(4)AWC3801
Amitava Lala, J.1. This appeal arises out of the order dated 12th February, 2009 passed by the concerned Civil Judge (Senior Division), Kanpur Nagar directing the plaintiffs/appellants to deposit the ad valorem Court fees in connection with the suit in which the reliefs have been claimed by them in the nature of declaration and injunction.2. Apart from the incidental reliefs the main reliefs of the suit, as stated in the supplementary affidavit of the appellants, are as follows:(i) Relief of declaration to declare the will deed dated 15/19-2-2001 is a void document.(ii) Relief of permanent injunction that the defendant-respondent 1st set and his servants and agents be restrained from interfering in the right and possession of the plaintiffs through force and further the defendant-respondent 1st set be restrained from alienating the said property in any other manner.3. Firstly, the appellants wanted to take advantage of an interim order passed by a 5 Division Bench of this Court on 17th...
Ganesh Datt Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-03-2009
Reported in: 2010(1)AWC290
ORDERRajes Kumar, J.1. By means of present writ petition, the petitioners are challenging the order of the Additional Commissioner (Judicial), Gorakhpur Mandal, Gorakhpur dated 12.1.1999 by which he has rejected Ceiling Appeal No. 79/63/36/M-1996 filed by the petitioners against the order of the prescribed authority dated 30.3.1996 declaring the surplus land.2. Heard Sri A.P. Tiwari, learned Counsel appearing on behalf of petitioners and learned standing counsel.3. Learned Counsel for the petitioners submitted that in reply to the notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act') the petitioner filed objection which is Annexure-1 to the writ petition. In the objection it was stated the land mentioned in List-A was unirrigated land inasmuch as there was no facility of irrigation; the land mentioned in List-B various persons have constructed their houses, therefore, it is a abadi land; the land mentioned in List...
Anil Kumar Vs. Smt. Suchita
Court: Allahabad
Decided on: Jul-02-2009
Reported in: 2009(4)AWC3810
Pankaj Mithal, J. Politics becomes dirty when politicians behave immorally.- His Holiness The Dalia Lama.1. Indian democracy is considered to be the largest in the world and it is flourishing for the last 60 years. Nonetheless, it is not a very healthy democracy, though many may not agree. Lack of morality of the people connected with public life is the cause for the present litigation.2. This appeal and the writ petition were tagged together by an earlier order of the Court and as such came-up for hearing before me in the weekly cause list.3. The appeal is being treated to be the leading case with the consent of the parties.Facts :4. The facts leading to this litigation in nutshell may be summarised as under:5. In the Zila Panchayat, Varanasi there are 39 members including the appellant Anil Kumar and the respondent Smt. Suchita Patel, who were declared elected as members on 25.10.2005 from Bada Gaon 4 and Kashi Vidhyapeeth 5 areas respectively.6. The elections for the post of Adhyaks...
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