Allahabad Court March 2011 Judgments
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Tara Chand and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-18-2011
1. Heard Sri C.B. Yadav, learned Senior Counsel appearing on behalf of the petitioners and learned Standing Counsel.2. This writ petition has been filed by 18 tenure holders, who claim that the land had been allotted to them pursuant to the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The date of allotment is 9th June, 1984. This allotment came to be objected by one Faggan Singh and others on the ground that the petitioners are not entitled for any allotment.3. The proceedings were, therefore, initiated for cancellation of the said leases executed in favour of the petitioners under the Provisions of Sub Section (4) of Section 27 of the 1960 Act. For ready reference Sub Section (4) of Section 27 is gainfully reproduced hereinbelow:-"The Commissioner may of his own motion and shall on the application of any aggrieved person enquire into such settlement and if he is satisfied that the settlement is irregular he may after notice to the person in whose favour...
Ashok Kumar Pandey Vs. State of U.P. and ors
Court: Allahabad
Decided on: Mar-18-2011
1. We have heard Shri K.N. Tripathi, Sr. Advocate assisted by Shri Ramesh Rai for the petitioner. Shri Amrish Sahai appears for the respondent-bank.2. The petitioner was appointed as Officer Grade-I, in the erstwhile Basti Gramin Bank in the year 1983. He was promoted as Officer Grade-II in 1997 w.e.f. 13.9.2005. The bank has become joint venture of Union of India, State of U.P. and State Bank of India, and is now named as Purvanchal Gramin Bank. The petitioner's service conditions are governed by Purvanchal Gramin Bank (Bank and Employees) Service Regulations, 2005. By this writ petition the petitioner is challenging the order dated 31.12.2007 passed by the Chairman as disciplinary authority imposing punishment upon the petitioner of reduction of rank from Officer Scale-II to Officer Scale-I, at its first stage, and imposing penalty of Rs.1 lac as token money. He has also challenged the order of the Board of Directors/ appellate authority dated 6.5.2008, confirming the punishment.3. I...
Jayveer Singh and Others Vs. Sher Pal (Dead) and Others
Court: Allahabad
Decided on: Mar-17-2011
1. Heard the learned counsel Sri Pramod K. Sinha for the appellants and2. Sri K. Ajit and Sri Ram Autar Verma appearing for the respondents.3. This is a defendants' second appeal who claim themselves to be the subsequent purchaser of the property. They have filed this appeal. The plaintiffs filed a suit for specific performance of contract on the basis of registered agreement dated 18.2.1986 for Plot No.1876 measuring about 2 acres 12 decimals and plot no.1876 A and 3 decimal measuring about 2.95 acres for which the defendant no.1 was the owner having full right to sell the said land. A registered agreement was executed on 18.2.1986 for total amount of Rs.68,679/- and at the time of agreement Rs.20,000/- were paid and rest of the amount was agreed to be paid at the time of execution of the sale-deed. There was a clause in the agreement at no.2 that a sale-deed has to be executed within a period of one year. The plaintiffs set out a case in the plaint that in spite of the aforesaid clau...
Netra Pal Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-17-2011
1. As per the averments made in the Writ Petition, the petitioner took loan for construction of house in the year 2007 from the respondent no. 2-Union Bank of India.2. The petitioner committed default in payment of loan. Consequently, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short " the Securitisation Act") have been initiated against the petitioner. Possession Notice dated 28.1.2011 (Annexure 3 to the Writ Petition) has been issued in this regard. We have heard Shri S.P. Sharma, learned counsel for the petitioner and Shri G.K. Srivastava, learned counsel for the contesting respondent no.2- Union Bank of India, and have perused the averments made in the Writ Petition.3. In United Bank of India v. Satyavati Tandon & others reported in 2010 (8) SCC 110, their Lordships of the Supreme Court have laid down that in view of the alternative remedy available under the Securitization Act, the High Court in exe...
Punjab National Bank Vs. Iind A.D.J. and Others
Court: Allahabad
Decided on: Mar-17-2011
1. Inspite of sufficient service no one has appeared on behalf of contesting respondent hence only the arguments of learned counsel for the petitioner were heard.2. Respondents nos. 3 to 9 M/s Aditi Products and its partners borrowed some amount from the petitioner-bankand defaulted in its payment alongwith interest. Accordingly, petitioner filed Original suit no.632 of 1990 against them for recovery of the amount before Civil Judge (Senior Division), Saharanpur. Decree for an amount of about Rs.4.7 lacs was sought. The suit was transferred for disposal to the court of 1 st Additional Civil Judge (Senior Division),Saharanpur. In the suit on 4.5.1993 an order was passed adjourning the suit to 17.5.1993 and directing the plaintiff to pay all the costs by the next date and produce the evidence on the said date. On 17.5.1993 counsel for the plaintiffs-petitioners was not available at Saharanpur as he had gone to Delhi hence adjournment of the suit was sought. The trial court refused to adj...
Anil Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-17-2011
1. As per the averments made in the Writ Petition, the petitioner was having electricity connection for domestic purposes. There were arrears of electricity dues due from the petitioner. In order to settle the electricity dues, the petitioner deposited Rs. 1,000/- under the One Time Settlement Scheme and got himself registered under the Scheme. 2. Shri Pankaj Dubey, learned counsel for the respondent nos. 2 and 3 has obtained instructions in the matter.He states that even though the petitioner got himself registered under the One Time Settlement Scheme, and accordingly an amount of Rs. 30,986/- was determined as payable by the petitioner under the said Scheme, the petitioner failed to deposit the said amount within the period contemplated under the said Scheme, and consequently, recovery proceedings in respect of the entire electricity dues have been initiated against the petitioner. 3. Shri Dubey states that an amount of Rs. 85,428.20 is due from the petitioner towards the entire elec...
Smt. Shahista Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-17-2011
1. We have heard Shri P.N. Saxena assisted by Shri Amit Saxena for the petitioner. Learned Standing Counsel appears for the State respondents. Shri S.N. Fazal appears for Smt. Nisha Kumari, the newly impleaded respondent No.4.2. The petitioner contested the elections to the office of the Chairman, Nagar Palika Parishad, Thakurdwara reserved for Other Backward Class persons in October, 2006. She was elected for five years and assumed the office.3. Smt. Nisha Kumari-respondent No.4, the defeated candidate made a complaint to Tehsildar, Tehsil Thakurdwara, Distt. Moradabad alleging that the caste certificate dated 10.10.2005 issued to the petitioner certifying that she belongs to Bhisti caste included in the list of OBC in the State of U.P. notified under the U.P. Public Services (Reservation for SC, ST and OBC) Act, 1994 as amended in 2001, and in the year 2002 is fraudulent as she is not of Bhisti caste by birth. Since the Tehsildar Tehsil Thakurdwara, Moradabad had issued the certifica...
Angan Lal Vs. Om Singh and Others
Court: Allahabad
Decided on: Mar-17-2011
1. Heard learned counsel for the appellant. 2. This is the plaintiff's appeal arising out of Suit No.87 of 1998 dated 18.08.2004, by which suit for injunction restraining the defendants has been decreed, but on an appeal filed by the defendants, the appeal has been allowed and the judgment and decree passed by the trial court has been set aside. Hence, the present appeal. 3. The brief facts of the case, as stated in the plaint, are that patta of the property in dispute was allotted by the Land Management Committee in the year 1974 in favour of one Shiv Charan. After the death of Shiv Charan, his son has inherited the said property and he executed a sale deed on 28.11.1997 in favour of the plaintiff and on the basis of said sale deed he is in possession of the property in dispute. The defendant nos. 2 and 3 wanted to take possession of the property in dispute and to make certain constructions over there by putting a Chhapar on 26.10.2000, therefore, the cause of action for suit has aris...
Commissioner of Income Tax – Ii, Lucknow Vs. Ms. Lucknow Public Educ ...
Court: Allahabad
Decided on: Mar-17-2011
1. These three appeals have been preferred by the Revenue against three different orders passed by the ITAT, Lucknow in the appeals filed by the assessee respondents M/s. Lucknow Public Educational Society. 2. Income Tax Appeal No. 156 of 2009, which relates to Assessment Year 2002-2003, was admitted by order dated 29.03.2010 on the following substantial questions of law:- 1. Whether while referring the property to valuer in pursuance to powers conferred under Section 142-A of the Income Tax Act, it shall be necessary for the assessing authority to record reason with regard to reliability of books of accounts or books of accounts should be rejected with precondition for reference to valuer. 2. Whether the word used in sub-section (1) of Section 142-A of the Income Tax Act, i.e. 'required to be made means satisfaction to be recorded by assessing officer by assigning reason before referring a property to valuer and in the absence of any recorded satisfaction or reason', the reference to ...
Tejpal Singh and ors. Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Mar-16-2011
1. The petitioners No. 1 and 2 claiming themselves to be the life members of the society and the petitioners no. 3 and 4 who are applicants for life membership, but whose induction has been rejected under the impugned order, have come up before this Court questioning the correctness of the order passed by the respondent no. 1 dated 8.8.2008 and the order dated 1 st October, 2005 which essentially relates to the rejection of the claim of 72 members to participate in the elections of the Committee of Management of Janta Inter College, Baseda Khurd, District Bijnor.2. The background in which the dispute has arisen is that the last undisputed elections were held on 23.2.2000 in which one Meghraj Singh was elected as the President and Niranjan Singh was elected as the Manager. The said elections were recognised and the signatures were accordingly attested by the District Inspector of Schools. The tenure of the Committee of Management was three years. A proposal was made for extending the te...
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