Allahabad Court August 2009 Judgments
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Raja Ram Shukla Vs. U.P. Secondary Education Services Commission and o ...
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC551
C.K. Prasad, C.J. and A.P. Sahi, J.1. These two appeals arise out of a common judgment in two writ petitions delivered on 20.8.1997, whereby the learned single Judge dismissed both the writ petitions, and upheld the order of the U.P. Secondary Education Services Commission, disapproving the recommendation of the Committee of Management proposing dismissal of Raja Ram Shukla, appellant in Special Appeal No. 835 of 1997 from the post of Principal of an Intermediate College, and substituting the punishment of reversion, whereby the said appellant stood reverted as a Lecturer in the institution. The judgment under appeal stands reported in Raja Ram Shukla v. U.P. Secondary Education Service Commission and Ors. : 1997 (3) ESC 1850 : 1998 (1) AWC 513.2. The issue raised in this appeal is primarily on the question as to whether the appellant - Raja Ram Shukla was a direct recruit on the post of Principal or not on the date when the punishment was awarded and as to whether the punishment of re...
Ram Narayan Singh Vs. Additional District Judge/Special Judge,
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC371
Poonam Srivastav, J.1. Heard Sri Shesh Kumar, learned Counsel for the petitioner, Sri H.N. Singh advocate for the respondent No. 2.2. The dispute arises from a proceeding under Section 21(1)(a) of U.P. Act No. 13 of 1972.(hereinafter referred to as the Act) on 15.3.2004 by the landlord. The release application was numbered as P.A. Case No. 8 of 2004, Murari Lal Srivastava v. Ram Narayan and the same was allowed on 14.5.2007 directing the tenant to vacate the house within a period of two months. This judgment and order was challenged in an appeal under Section 22 of the Act which was decided by the Additional District Judge/Special Judge (E.C. Act),' Etawah on 28.7.2009 and the judgment of the trial court was confirmed in appeal. Both the judgments are impugned in the instant writ petition.3. The submission of the learned Counsel for the petitioner Sri Shesh Kumar is that the accommodation in question is a residential house. Initially the father of the contesting respondent was the tena...
Hari Gopal Vs. Vijay Kumar and ors.
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC134
D.P. Singh, J.1. Heard counsel for the parties.2. This petition by the landlord is directed against a judgment and order dated 22.10.2005 whereby the Additional District Judge, Bijnor has allowed the revision of the respondent-tenant setting aside the order of eviction passed by the trial court.3. Originally late Ram Niwas, father of petitioner Nos. 1 to 4 was a tenant of the disputed premises situated in Tehsil Dhampur in district Bijnore at a monthly rent of Rs. 12.50, on his demise, they became tenants of the disputed premises. The petitioner-landlord vide notice dated 4.3.2002 terminated the tenancy of the tenants on the ground of default, sub-letting to respondent No. 5, material alteration etc. which was registered as S.C.C. Case No. 60 of 2002. The respondents filed their written statement denying the plaint allegations and the trial court framed at least five issues including on the point of sub-letting and whether the tenants were entitled for protection under Section 20(4) of...
Dhananjay Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC131
Amitava Lata, 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 entire result declared by Uttar Pradesh Public Service Commission, Allahabad for Combined State/Upper Subordinate Preliminary Examination, 2007.2. According to the petitioner, pursuant to advertisement No. A-4/E-1/2007 issued by Uttar Pradesh Public Service Commission, Allahabad for Combined State/Upper Subordinate Preliminary Examination, 2007, he appeared in the preliminary examination with Roll No. 100039 but was declared unsuccessful having secured 342.5 marks being candidate of general category whereas the candidates of reserved categories having secured less marks than the petitioner have been declared successful, as the commission has approved different minimum cut off marks for different categories, such as 347.25 for General, 345.50 for O.B.C. and 308.75 for S.C. Main grievance of the petitioner is that benefit of reservation has bee...
Committee of Management, Adarsh Shiksha Samittee and anr. Vs. State of ...
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC490
C.K. Prasad, C.J. and A.P. Sahi, J.1. These appeals under Rule 5, Chapter VIII of the High Court Rules have been preferred by the rival claimants, against the judgment dated 23.7.2009, professing themselves to be the validly elected Committee of Management of a Society registered under the Societies Registration Act, 1860, namely Adarsh Shiksha Samiti, Charibana, Karchana, Allahabad, which runs a Junior High School in the name of Swatantra Senani Ayodhya Prasad Tewari Junior High School, Charibana, Karchana, Allahabad.2. The Society, which is admittedly registered under the 1860 Act, stands renewed upto the period 30.9.2009. A set of bye-laws have been framed and according to the said bye-laws, the elections of the office bearers and members of the Committee of Management has to be held annually. The dispute with regard to the claim of Management arose when Srikant Tewarl claiming to be the Secretary-cum-Manager, the appellant in Special Appeal No. 1029 of 2009, submitted his list of o...
Lohia Auto Industries Vs. Lohia Starlinger Ltd.
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC525
Amitava Lala, J.1. This appeal is arising out of an order passed by the District Judge, Kanpur Nagar dated 27th January, 2009 in an application under Order XXXIX, Rules 1 and 2 read with Section 151 of Code of Civil Procedure in connection with the Suit No. 121 of 2008, Lohia Starlinger Limited v. Lohia Auto Industries. The suit, as filed by the plaintiff before the court below, is for infringement of the trade mark by the defendant/appellant herein.2. According to the plaintiff/respondent the defendant/appellant and/or its agents are using their house mark 'LOHIA GROUP' or any other word deceptively similar 'LOHIA GROUP' in relation to any of the defendant. The house mark of the famous LOHIA GROUP comprises of an exclusive device consisting of capital letter 'G' in such stylized manner encompassing capital letter 'L' with the word LOHIA GROUP underneath. This distinctive LOHIA GROUP and the device mark is used as a 'house mark for all the units belonging to the Group'. The term LOHIA ...
Ramesh NaraIn Saxena Vs. Chairman Jal Sansthan and ors.
Court: Allahabad
Decided on: Aug-26-2009
Reported in: 2010(1)AWC464
C.K. Prasad and A.P. Sahi, JJ.1. These two appeals arise out of a judgment of the learned single Judge of this Court passed in Writ Petition No. 13138 of 1992 wherein both the appellants in the present appeals were arrayed as respondent Nos. 4 and 5 respectively. The writ petition was filed by the respondent No. 5 Anil Kumar Goel questioning the selection proceedings for selection to the post of Accountant in the respondent Jal Sansthan.2. The challenge proceeded in the writ petition on the ground that the writ petitioner Anil Kumar Goel was much senior to both the appellants and therefore, having been wrongly superseded on account of adoption of a wrong criteria, the selections deserve to be set aside. The respondent petitioner had also moved a representation before the respondent-authority of the Jal Sansthan which was rejected on 28.5.1992. The same was also assailed by means of an amendment application in the writ petition.3. The learned single Judge proceeding on the assumption th...
Desh Raj Udyog and Chaman Udyog Vs. Income-tax Officer
Court: Allahabad
Decided on: Aug-25-2009
Reported in: [2009]318ITR6(All)
S.K. Gupta, J.1. Writ Petition No. 32 of 2005 has been filed, inter alia, for the following reliefs:(i) That a suitable writ, order or direction be issued quashing the notices dated December 15, 2003, for reassessment under Section 147 of the Income-tax Act, 1961, for the assessment years 2001-02 and 2002-03, both under Section 148 of Income-tax Act, 1961 ;(ii) That a suitable writ, order or direction in the nature of mandamus or prohibition be issued restraining or prohibiting the Income-tax Officer, Ghaziabad, respondent from passing any reassessment order in pursuance of the notices dated December 15, 2003, both under the Income-tax Act, 1961.2. Writ Petition No. 31 of 2005 has been filed, inter alia, for the following reliefs:(i) That a suitable writ, order or direction be issued quashing the notices dated January 8, 2004, for reassessment under Section 147 of the Income-tax Act, 1961, for the assessment years 2001-02 and 2002-03, both under Section 148 of Income-tax Act, 1961;(ii)...
Vineet Kishore JaIn and anr. Vs. Vandana Agarwal and ors.
Court: Allahabad
Decided on: Aug-25-2009
Reported in: AIR2009All191; 2010(1)AWC484
ORDERTarun Agarwala, J.1. Heard Shri Kshitij Shailendra, the learned Counsel for the plaintiff-applicants and Shri Amit Saxena, the learned Counsel for O. P. No. 1.2. The plaintiff-applicants filed a suit claiming that they had a valid lease deed in their favour of plot No. 430, Civil Lines, Moradabad, and that, the defendant-opposite party Nos. 1 and 2, who are arrayed as O.P. Nos. 2 and 3 in this revision, are interfering in their possession. Consequently, a suit was filed claiming the following reliefs:A. That by a permanent injunction defendants Nos. 1 and 2 be restrained from interfering in the peaceful possession of the plaintiffs residence at 430 Civil Lines, Moradabad either themselves or through their authorised persons or nominee or agents or any other person or persons acting for or on behalf of defendants Nos. 1 and 2 or claiming through them and further promise for transferring of any part of plot No. 430 Civil Lines, Moradabad misrepresenting that they are owner of the sa...
Smt. Neeta Agarwal Vs. Commissioner/Chairman, Allahabad Division/Allah ...
Court: Allahabad
Decided on: Aug-25-2009
Reported in: 2010(1)AWC353
Tarun Agarwala, J.1. The petitioner has challenged the validity and legality of the order dated 19th July, 2000, passed by the Secretary of the Allahabad Development Authority directing the petitioner to remove the unauthorised construction within 15 days from the receipt of the order, failing which, an order for demolition of the property at the expense of the petitioner would be passed. The petitioner's appeal before the Commissioner was also dismissed by an order dated 14th May, 2002.2. The facts leading to the filing of the present writ petition is that the dispute relates apparently to plot No. 33 Darbhanga Colony, Allahabad which was originally owned by Labh Singh. This plot No. has now been changed to plot Nos. 129 and 129/1 Darbhanga Colony. It is alleged that Labh Singh died in 1967 and that the property devolved in equal shares upon Nirmal Singh and Surendra Singh. On 23rd of August, 1991, one portion of the plot was sold to respondent No. 3, Smt. Shanti Rani Agarwal by means...
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