Court : Allahabad
1. The petitioner claiming himself to be a member of the General Body of a Society registered under the Societies Registration Act, 1860, which runs a Junior High School, and is aided by the State Government assails the impugned order dated 19th January, 2011 passed by the Deputy Registrar, Firms, Chits & Societies on the ground that it is without jurisdiction and even otherwise on merits the acceptance of the claim of the respondent no. 3 in relation to the elections dated 25.11.2005 and 1.10.2010 is contrary to the provisions of the bye-laws as is evident from the facts already brought on record. 2. Sri R.K. Ojha alongwith Sri Irshad Husain has advanced his submissions for the petitioner and Sri Ashok Khare learned senior counsel along with Sri H.N. Pandey has been heard for the respondent no. 3 and the learned Standing Counsel for the respondent nos. 1 and 2. 3. The judgment had been reserved on 23.2.2011 as the learned counsel for the respondent including the learned Standing C...
Tag this Judgment!Court : Allahabad
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 12.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 403 of 2007 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place on 23.2.2007 at about 3.45 in the after-noon. 2. The case of the claimant-respondent no. 1 was that on 23.2.2007, Dilshad Malik (claimant-respondent no.1) and Bilal were going from Meerut to Hapur on a Motorcycle bearing Registration No. UP14-AF 6136 being driven by the said Dilshad Malik; and that at about 3.45 P.M. when the said Dilshad Malik and Bilal on the said Motorcycle reached near Dhanauta Bus-Stand on Meerut-Hapur Road, a Roadways Bus bearing Registration No. UP12-J 5519 coming from the opposite direction and being driven by its Driver rashly and negligently, hit the said Motorcycle as a result of which the Driver of the said M...
Tag this Judgment!Court : Allahabad
1. Heard Mohd Arif Khan learned Senior Counsel assisted by Mohd. Aslam Khan, learned counsel for the petitioners, Sri Nrapendra Misra holding brief of Sri Manish Kumar learned counsel for opposite party no.1, Sri N.K. Pandey and Sri Anand Kumar Mishra, Advocates for respondents. 2. By means of the present writ petition , the petitioners/ tenant has challenged the order dated 10.1.2011 ( Annexure No.8 to the writ petition) passed by opposite party No.1/ Additional District Judge, Court No.8, Lucknow by which petitioners' application for amendment in the written statement at the appellate stage has been rejected. 3. Controversy relates to a shop situated at house no. 119, Mill Road, Mawaiya, Lucknow, initially let out by Sri Kungoo Mall,the father of the petitioner at a monthly rent of Rs. 50/-. 4. On 02.08.1999, landlord/O.P. Nos. 2 to 7 moved an application for release of the shop in question under Section 21(1)(a) of U.P. Act 13 of 1972 registered as PA Case No. 100 of 1999, a w...
Tag this Judgment!Court : Allahabad
1. In both the writ petitions, issues involved are almost same, hence these petitions are being disposed of by a common order. 2. In brief the facts are that the petitioner Nayak Industries Ltd. filed Civil Misc. Writ Petition No. 10347 of 2010 making following prayer:- i.To issue a writ, order or direction in the nature of Certiorari quashing the Impugned Pubic Notice dt. 10.02.2010 (Annexure No.39); ii.To issue a writ, order or direction in the nature of Mandamus directing the respondent Bank not to proceed with the alleged Notice U/S 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 if the same is served during the pendency of the Writ Petition although till date no such Notice has been served but only finds mention of the same in the Impugned Public Notice dt. 10.02.2010 (Annexure No. 39); iii.To issue a writ, order or direction in the nature of Mandamus directing the Respondent Bank to finalize the claim of refund of...
Tag this Judgment!Court : Allahabad
1. Heard Mr. K.S.Rastogi, learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State. 2. This petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dated 3rd December, 2010, passed by the Judicial Magistrate, Mohammadi, District Kheri in Case Crime No. 1152 of 2010, under Sections 419, 420 I.P.C., Police Station Mohammadi, District Kheri whereby the Magistrate has permitted allegedly for reinvestigation of the case. 3. Briefly the facts of the case as set out by the petitioner, are that even after submission of final report, the Investigating Officer submitted an application before the learned Judicial Magistrate, Mohammadi, District Kheri seeking permission for reinvestigation of the case. The learned Magistrate by means of order dated 3rd of December, 2010 permitted so. 4. Learned counsel for the petitioner Mr.K.S.Rastogi, invited the attention of this court to...
Tag this Judgment!Court : Allahabad
1. Heard learned counsels appearing for the parties. 2. Dr. (Smt.) Meera Tripathi-the petitioner is M.A in Philosophy and in Sanskrit, was awarded B.Ed and Ph.D degree. She was appointed as Principal of Sri Har Kumari Pathak Kanya Inter College, Shahjahanpur in 1989 and worked upto 22.10.1999. 3. By this writ petition the petitioner has prayed for quashing the Office Order dated 2.7.2007, in so far as it limits her notional promotion to the post of District Inspector of Schools w.e.f. 23.10.2005. She has also prayed for directions to sanction to her notional promotion as District Inspector of Schools w.e.f. 10.8.1995 and as Deputy Director of Education, an equivalent post w.e.f. 21.8.1998 i.e. with effect from the date from which Smt. Shail Kumari Yadav, the person immediately junior to the petitioner was promoted. The petitioner has also prayed for a direction to disburse the arrears of salary worked out on the basis of promotion as District Inspector of Schools and Deputy Director of...
Tag this Judgment!Court : Allahabad
1. In this case arguments of learned counsel for the petitioner were heard and judgment was reserved on 25.11.2010. On the same date following order was passed on the substitution application. "Twice steps were taken but no one has appeared on behalf of proposed legal representatives of respondent no.2. Sri Prabhker Singh, learned counsel, who was representing respondent no.2, states that in spite of his several letters heirs of respondent no.2 have not contacted him. Accordingly, substitution application is allowed" 2. Respondent no.2, Sri Ram was the only contesting respondent in this writ petition. 3. Petitioner instituted original suit no.542 of 1987 against original respondent no.2 for the relief of permanent injunction seeking to restrain the defendant from demolishing particular construction of the petitioner and from cutting the trees standing over sahan (court yard) of the plaintiff. The defendant pleaded that land in dispute was his rasta. Written statement copy of which is A...
Tag this Judgment!Court : Allahabad
1. We have heard Shri R.N. Singh assisted by Shri Saroj Yadav for the petitioner. Shri B.D. Mandhyan assisted by Shri Satish Mandhyan appear for the respondents-University. 2. The petitioner is aggrieved by the order of his suspension dated 21.10.2010, passed by the Vice Chancellor of the University and the minutes of the meeting of the Executive Council dated 15.10.2010. He has also prayed for consequential reliefs. 3. The petitioner is serving as a Professor and Head of Department of Geography in Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. While he was discharging duties of Registrar of the University in officiating capacity in absence of regular Registrar he was appointed as Nodal Officer, for conducting Joint Entrance Examination of B.Ed 2010-11 and was thereafter appointed as State Coordinator of the Joint Entrance Examination to be conducted by the Lucknow University for B.Ed Examination 2010-11. On 2.6.2010 he handed over charge of the Registrar to Shri A.M. Ansari, Dep...
Tag this Judgment!Court : Allahabad
1. We have heard Shri A.N. Tripathi, Senior Advocate assisted by Shri Arvind Kumar Mishra for the petitioners. Shri Ajai Bhanot appears for the respondents. Shri Pushpraj Singh appears for respondent nos. 5 and 8. 2. The 'Nehru Yuva Kendra' was launched as a part of Silver Jubilee celebrations of India in 1972. The scheme was initially implemented by the Ministry of Education. In 1987 'Nehru Yuva Kendra Sangathan', was launched as an autonomous body and was brought under Ministry of Youth Affairs and Sports in 1999. The Sangathan is registered as a Society under the Societies Registration Act in 1987. It is wholly controlled and funded by the Central Government and thus falls within the purview of Article 12 of the Constitution of India, amenable to a writ jurisdiction of the High Court. 3. The petitioners were appointed as District Youth Coordinators. By this writ petition they have sought for quashing the adhoc promotions of 44 persons on 18.6.1999, on the post of Regional Coordinato...
Tag this Judgment!Court : Allahabad
1. Heard learned counsel for the petitioner as well as learned standing counsel for the respondents. 2. Even though the matter arises out of orders passed under Forest Act 1927 in respect of land situate in Tehsil Duddhi District Son Bhadra (initially it was part of District Mirzapur), however, earlier also order had been passed at the first stage by Forest Settlement Officer (F.S.O.) much prior to the order of the Supreme Court reported in Banwasi Seva Asram v. State of U.P. AIR 1987 S.C 374. Pursuant to the said order of the Supreme Court amendment was made in U.P.Z.A.L.R. Act 1950 and Section 131-A was added by U.P. Act no.14 of 1987 w.e.f. 03.04.1987. The first part of the section is quoted below : 131 A - "Subject to the provisions of Section 132 and Section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under Section 117 or belonging to the State Government, in the portion of district Mirzapur south of Kaimur range, other than the land notified ...
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