Court : Allahabad
Decided on : Nov-30-1977
Reported in : AIR1978All68
B. N. Sapru, J. 1. The petitionerswere operators of stage carriages on (i) Jaunpur-Minhajpur, fii) Jaunpur-Saidpur via Kirakat, (iii) Jaunpur-Kirakat, (iv) Jaunpur-Ghazipur via Kirakat, Aurihar and Sadipur and (v) Jaunpur-Dhobi via 'Kirakat routes. They held valid permits to operate their stage carriages over these routes. 2. A draft scheme under Section 68-C of the Motor Vehicles Act was published in the U. P. Gazette dated 26th August. 1961. Certain objections challenging the scheme under Section 68-C of the Act were filed. The scheme was however, approved and was published in the U. P. Gazette dated 2-6-1973. Consequential orders under Section 68-F (2) (b) cancelling the petitioners' permits were made. 3. The approved scheme prepared under Section 68-D was challenged in writ no. 6734 of 1973. The aforesaid writ petition was allowed by this Court by its judgment D/- 21-12-1973. The Court quashed the notification dated 18th August, 19-61 and the order of respondent No. 2 viz., the Joi...
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1977
Reported in : AIR1978All73
M.N. Shukla, J. 1. This is a defendant's appeal under Order 43, R, 1, C.P.C. and is directed against the order dated 2-2-1977 passed by the III Additional District & Sessions Judge, Allahabad on an application made by the plaintiff-respondent No. 1 for removal of the appellant No, 1 from the post of Receiver to which he had been appointed by an order of the High Court.2. The facts leading to the impugned order may be briefly stated. The plaintiff-respondent No. 1 had filed Suit No. 55 of 1971 for possession and mesne profits of the property in suit, consisting of bungalow No. 29/30 Kanpur Road. It was stated in the plaint that the said property belonged to Smt. Mahmood Jahan Begum, sister of the plaintiff-respondent No. 1, that Smt. Mahmood Jahan Begum died on 29-3-1968 leaving behind the plaintiff-respondent No. 1 and defendants Nos. 3 and 4 as her heirs and they inherited the said property on the death of Smt. Mahmood Jahan Begum. It is also stated in the plaint that the defendant No...
Tag this Judgment!Court : Allahabad
Decided on : Aug-20-1977
Reported in : AIR1978All53
M.N. Shukla, J. 1. These appeals arise from the dismissal of a suit for declaration of the plaintiff's removal from railway service as void and/or other connected reliefs, namely, a permanent injunction restraining the defendant from realising the sum of Rs. 10,510.21 Paise from the plaintiff by deducting the same from the Provident Fund dues payable to him, a declaration that the plaintiff is entitled to 15 months' pay by way of gratuity permissible under the rules on reaching the age of superannuation on 12-5-1971 and any other appropriate relief. The trial court dismissed the suit with costs. The plaintiff preferred an appeal which was partly allowed by theAddl. District Judge, Bareilly and the order dated 6-8-1970 passed by the defendant directing recovery of Rupees 10,510.21 Paise from the plaintiff was set aside. The rest of the decree was maintained. In these circumstances both parties have filed the present appeals in this court. 2. The basic facts of the case are not in disput...
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