Allahabad Court August 2009 Judgments
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Ashok Kumar Bajpai and anr. Vs. Xvii Additional District Judge and ors ...
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC150
Poonam Srivastav, J.1. Heard Sri P.K. Sinha and Sri P.N. Khare, counsels for landlord/petitioners and Sri G.N. Verma, Senior Advocate assisted by Dr. Madhu Tandon, counsel for tenant/contesting respondents. 2. Facts giving rise to the dispute is that petitioners purchased disputed house No. 43/73-B Chowk Kanpur Nagar, on 22.4.1996. After lapse of three years, release application under Section 21 (1) (a) of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) was instituted against respondent Nos. 2 and 3. In fact, dispute relates to a shop situated on the ground floor of the said house where tenants are carrying on their business. The entire house purchased by landlord/petitioners in fact, is three storied building. Claim of landlords is that entire building is residential save for accommodation on the ground floor, which is a shop on the front side, situated on the main market road towards south and remaining portion of the ground floor, which is on the back side, is being u...
Ravi Agrawal Vs. Anil Kumar Verma
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC461
Poonam Srivastav, J.1. Heard Sri M.A. Qadeer, Senior Advocate assisted by Sri Shamim Ahmad, counsel for tenant/petitioner and Sri K. Ajit, counsel for contesting landlord/respondent.2. Counter and rejoinder affidavits have been exchanged. The counsels for respective parties agree that the instant petition may be decided finally at the stage of admission itself.3. The dispute relates to a shop measuring 8 x 10 situated at Taxi Stand Road, Civil Lines, Rampur. Petitioner is a tenant of the said shop at the rate of Rs. 400/- per month. Plaintiff/respondent gave a notice for demanding arrears of rent on the ground of default in payment of rent as well as material alteration in the shop in dispute on 20.7.2002. After expiry of period of notice, S.C.C. Suit No. 12 of 2002 was instituted for recovery of arrears of rent and damages.4. The Judge Small Causes Court decreed suit on 24.3.2007 in favour of plaintiff, which was challenged in S.C.C. Revision No. 21 of 2007. The judgment and decree of...
Pramod Chandra Pant Vs. Chief Engineer, U.P. Power Corporation Limited ...
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC376
Poonam Srivastav, J.1. Heard Sri Atul Dayal, counsel for landlord/petitioner and Sri H.P. Dube and Sri R.C. Singh, counsels for tenant/respondents.2. Petitioner is owner and landlord of premises No. 359, Bara Bazar. Thakurdwara, Moradabad, which consists of four rooms varandah, two stores, kitchen and toilet. The accommodation in question was let out to tenant/Power Corporation at the rate of Rs. 900 per month w.e.f. 15.6.1995 besides taxes and electrical charges. Initially, premises was let out for a period of three years. Formal lease deed was stipulated to be executed in near future. However, no lease deed was ever executed.3. Landlord claims that he had repeatedly requested Power Corporation for execution of the lease deed but there was no outcome of his request. Power Corporation continued in occupation at the same rate and was also defaulter inasmuch as entire rent was not paid nor the municipal taxes. Landlord having no option, terminated tenancy vide registered notice dated 13....
Ramesh Prasad (D) Through L.Rs. Vs. Tehsildar/Assistant Collector 1st ...
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC287
Tarun Agarwala, J.1. Heard Sri G.N. Verma, the learned senior counsel, assisted by Sri Ajai Kumar for the petitioner, Sri Vishnu Sahai for the Nagar Palika and the learned standing counsel for the remaining respondents. No one appears for the Gaon Sabha.2. The proceedings for ejectment under Section 122B of the U.P.Z.A. & L.R. Act was initiated against the petitioner for ejectment and for recovery of damages from plot No. 294 having an area of 0.04 acres. It transpires that the Lekhpal submitted a report alleging that the plot is recorded as a khaliyan in the revenue records and that the petitioner had encroached the said land by constructing 8 shops. The petitioner objected and submitted that the land was never used as a khaliyan and the report of the Lekhpal to this extent was incorrect. The construction was made before the abolition of the Zamindari system and that the Nagar Palika had itself taken one shop on rent and was using it as an Octroi Post and was paying the rent since 195...
Dinesh Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC335
Krishna Murari, J.1. Heard learned Counsel for the petitioner and learned standing counsel.2. Pleadings have been exchanged between the parties. With the consent of the learned Counsel for the parties, the petition is being finally disposed of at this stage.3. The facts are that the petitioner, who was working as a Constable in the U.P. Police Force, was dismissed from service vide order dated 18th June, 2005, passed by Senior Superintendent of Police, Kanpur Nagar, respondent No. 3 without holding any enquiry by invoking the power conferred under proviso to Rule 8(2)(b) of the U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (for short the Rules). The petitioner went up in appeal. The appellate authority vide order dated 20th of August, 2005 allowed the appeal in part and set aside the order dated 18th of June, 2005 dismissing the petitioner from service on the ground that the order was passed without recording any reason as to why it was not practicabl...
Smt. Raman Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-24-2009
Reported in: 2010(1)AWC494
ORDERRakesh Tiwari, J.1. Heard counsel for the parties.2. This petition has been filed by Smt. Raman Pandey claiming herself to be wife of deceased employee Jayanti Prasad Pandey. Son of Smt. Savitri Devi claimed appointment on compassionate ground on the basis that Smt. Raman Pandey, the second living wife of the deceased is not entitled to the benefits on compassionate ground under Dying-in-Harness Rules as she is not within the definition of family therein. In that context, the Court in Writ Petition No. 18397 of 2002, wherein present petitioner-Smt. Raman Pandey was a party as respondent No. 4 and had also filed counter-affidavit, held as follows:In my opinion, if Smt. Raman Pandey is not legally wedded wife and the marriage of Smt. Raman Pandey is void. According to Hindu Marriage Act, she cannot claim the benefits to claim an appointment under dying-in-harness because she does not come under the definition of family. The judgment relied upon by the counsel for the petitioner full...
Mohammad Ahmad Khan Vs. Ashok Kumar
Court: Allahabad
Decided on: Aug-21-2009
Reported in: 2010(1)AWC138
Prakash Krishna, J.1. The present revision under Section 25 of the Provincial Small Cause Courts Act has been filed by the defendant of SCC suit No. 29 of 1986 filed against him by the plaintiff landlord opposite party. The said suit was filed for recovery of possession over the shop detailed at the foot of the plaint and for recovery of arrears of rent and damages for its use and occupation. The suit has been decreed by the judgment and decree dated 13-11-1987. The property in dispute was purchased by means of a sale deed dated 8-4-1986 by the present plaintiff from Smt. Meera Jindal who had let out it to the defendant on monthly rent of Rs. 150/-. It was stated that the defendant was in arrears of rent since July 1,1984 and the tenancy has been determined by means of a notice given under Section 106 of the Transfer of Property Act. It was further pleaded that the shop in question being a 'new construction' and was constructed in the year 1979, the provisions of U.P. Urban Buildings (...
Vijay Stone Product and anr. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-21-2009
Reported in: AIR2010All26
1. Heard Shri Navin Sinha, learned Senior Counsel assisted by Shri Rakesh Kumar for the petitioners, Shri Govind Saran for the respondent Nos. 1 to 3 and Shri Ashok Kumar Srivastava for the respondent No. 4.2. By this petition, petitioners have prayed for quashing the order dated 17/4/2009, by which order the North Central Railway has accepted the tender of respondent No. 4 for supplying stacking and loading in to railway wagon/hoppers/K.C. wagon 60000 Cum machine crushed hard stone ballast 65 mm gauge at MNF depot under ADEN/NCR/MZP.3. Brief facts necessary for deciding the writ petition are:4. Petitioner No. 1 is a registered partnership firm, registered on 18/8/2008. There are three partners in the firm namely, Vijay Kumar Vaish, son of Ramji Vaish having 40% share , Subhash Chandra Vaish, son of Kapoor Chand Vaish having 20% share and Ramji Vaish, son of Kapoor Chand Vaish having 40% share. Out of the aforesaid three partners, two partners namely Subhash Chandra Vaish and Ramji Vai...
Praveen Tyagi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-21-2009
Reported in: 2010(1)AWC340
Sudhir Agarwal, J.1. Heard Sri Vijay Gautam, learned Counsel for the petitioner and learned standing counsel for the respondents.2. Since pleadings are complete, as requested and agreed by learned Counsel for the parties, this matter has been heard and is being decided under the Rules of the Court at this stage.3. The order impugned in this writ petition is that of termination of petitioner in exercise of power under U.P. Temporary Government Servants (Termination of Services) Rules, 1975 (hereinafter referred to as the '1975 Rules') vide order dated 25.7.2007, passed by the Commandant 41st Bn. P.A.C., Ghaziabad on the ground that the petitioners services are no longer required.4. The facts, in brief, stated in the writ petition are that the petitioner was selected for the post of Constable against a permanent post through process of selection consisting of written test, physical examination and interview, result whereof was declared in August, 2006. After clearance by the Medical Boar...
Radhey Shyam Dubey Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-20-2009
Reported in: 2009(4)AWC4193
Sudhir Agarwal, J.1. Sri Abhishek Mishra for the petitioner and learned standing counsel for the respondents.2. Since pleadings are complete, as requested and agreed by learned Counsel for the parties, this matter has been heard and is being decided finally under the Rules of the Court.3. Aggrieved by the order dated 31.1.2007 (Annexure-1 to the writ petition) passed by Secretary, Medical Education, U.P. Government, Lucknow rejecting the representation of the petitioner for grant of pay scale of Rs. 1,400-2,600 with effect from 1.1.1986 and 1,640-2,900 with effect from 1.1.1993, the present writ petition has been filed seeking a writ of certiorari for quashing the same and also for issuance of a writ of mandamus for payment of salary in the above mentioned pay scale from due dates as above.4. The facts in brief, as stated in the writ petition are, that the petitioner was working as Stenographer in the office of Principal Durgajee State Homoeopathic Medical College (hereinafter referred...
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