Court : Allahabad
Reported in : AIR1929All571; 117Ind.Cas.337
sulaiman, j.1. this is a reference under section 267, agra tenancy act, made by the additional munsif of allahabad as he was in doubt as to his having jurisdiction to entertain this suit. his reference is in accordance with a ruling of this court, ram pratab singh v. chhotey lal singh : air1928all269 . the reference came up first before another bench which felt doubtful as to the correctness of that ruling. the matter has accordingly been referred to a larger bench.2. the plaintiff first instituted a suit for declaration of his right to a tenancy in the revenue court but his plaint was returned for presentation to proper court on the ground that the revenue court had no jurisdiction to entertain the suit. he has now filed the suit in the civil court and an objection has this time been raised by the defendants that the civil court had no jurisdiction to hear the case. it is not necessary to set forth all the allegations in the plaint, but it would be sufficient to state that the plaintiff claimed that his father daulat was a tenant jointly with defendants 1, 2 and 3, and that on the death of his father the plaintiff has succeeded to the joint tenancy. he claimed (a) a declaration to the effect that the plaintiff jointly with defendants 1 to 3 is a tenant of the holding specified in the plaint and that defendant 4 has no right or share in it, (b) and if for any reason the plaintiff is proved to have been dispossessed, he may be awarded possession over the same jointly with .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ2294
b.l. yadav, j. 1. bhoora singh, father-in-law of deceased smt. urmila has preferred criminal appeal no. 2854 of 1988 whereas there is a reference no. 30 of 1988 for the confirmation of the death sentence as envisaged by provisions section 366 of the criminal p.c. (for short the code). raju alias raghvendra pratap singh the husband, and smt. gulhari, mother-in-law of deceased smt. urmila have also preferred appeal against the judgment dated 9-12-1988 passed by sri u.k. khare, iii additional sessions judge, fatehpur, convicting the appellant bhoora singh under section 498a, i.p.c. and sentencing him to 3 years imprisonment and a fine of rs. 500/- and further convicting him under section 4 of the dowry prohibition act and sentencing him to imprisonment for 6 months and a fine of rs. 500/- and in default to undergo imprisonment for 3 months, and convicting appellants raju alias raghvendra pratap singh and gulhari devi alias champa devi (husband and mother-in-law respectively of the deceased smt. urmila) under section 302, i.p.c. sentencing them to be hanged till death further convicting them under section 304b, i.p.c. sentencing them to imprisonment for 7 years and further convicting under section 498a, i.p.c. and sentencing to imprisonment for 3 years and fine of rs. 500/- each and in default to undergo imprisonment for 3 months, in s.t. no. 70 of 1987, state v. bhoora singh, p.s. malwan distt. fatehpur.2. the appellants, along with one smt. aruna devi alias vijaylakshmi since .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1635
o.p. garg, j.1. this is a time barred revision-application under section 115 of the code of civil procedure in which a prayer has been made that a decree dated 21.12.1990 passed by ivth additional district judge, jhansi on the basis of the compromise filed in allahabad bank v. sunder theatre and others, original suit no. 137 of 1988, and the subsequent order dated 7.11.1997 passed by ivth additional district judge. jhansi in misc. case no. 15 of 1993 arising out of execution case no. 2 of 1991 be set aside.2. counter and rejoinder-affidavits have been exchanged. heard sri p. p. srivastava, senior advocate, assisted by smt. sadhna upadhyay, learned counsel for the applicant-revisionist and sri p. k. bisarla for the opposite party no. 1-allahabad bank. jhansl (civil lines branch).3. briefly stated, the facts of the case are that m/s. sunder theatres (nandani talkies), civil lines, jhansi and its partners took a loan of rs. 6,56,000 on 7.11.1977 and executed a pronote as well as created an equitable, mortgage. the amount of loan was not paid and consequently, allahabad bank, civil lines branch. jhansi-opposite party no. 1 was compelled to file original suit no. 137 of 1988 for recovery of rs. 15,97,728 with stipulated interest at the rate of 17% per annum. a decree under order xxxtv, rule 4, c.p.c. was also prayed for. a compromise was entered into between the parties and ultimately the suit was decided in terms of compromise and decree was passed on 21.12.1990. as per the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All608
v. bhargava, j.1. this is a deft.'s appeal arising out of a suit brought by the pltf.. resp. for recovery of a sum of rs. 1000/- as value of mango fruits of a grove being the crop for 1351 fasli. the case of the pltf.-resp. was that a lease of the crops of this grove was granted to one riazuddin for five years, viz., 1347 to 1351 fasli by one baburam as manager of a temple. the lessee rights of riazuddin were acquired by the pltf.-resp. in 1351 f. inspite of the fact that these lessee rights still vested in the pltf.-resp. the crop had been removed by the deft.-applt. who claimed their title from bhagwan das, father of the deft.-applt. consequently, the pltf.-resp. claimed the sum of rs. 1000/- as the price of the fruits of the trees removed by the deft.-applt.2. the applt. contested the suit denying that there was any valid lease in favour of riazuddin under which rights could ultimately pass to the pltf.-resp. the case of the deft.-applt. was that, after baburam, his father bhagwan das became the manager of the temple & bhagwan das, in his turn, entrusted the management of the temple to the applt. it was through bhagwan das & the applt. that the deft.-applt., who removed the crop, came into possession of the grove.3. the lower appellate ct. held that there was a valid lease in favour of riazuddin by baburam & under that lease, by subsequent transfers, the right of the lessee vested in the pltf.-resp. who was, therefore, entitled to claim the amount from the deft.applt.4. .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)30CTR(All)277; [1982]137ITR88(All); [1982]11TAXMAN80(All)
rastogi, j.1. in compliance with the directions of this court the income-tax appellate tribunal, allahabad bench, allahabad, hereafter'the tribunal', has referred the following questions under section 27(3) of the w.t. act, hereafter 'the act', for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, rule 113 of the wealth-tax rules overrides the provisions of section 24(6) of the wealth-tax act ? 2. whether, on the facts and in the circumstances of the case, it is open to the revenue to rely on rule 1d even though no specific argument was raised before the tribunal ? 3. whether on the facts and in the circumstances of the case, the tribunal was justified in following the valuation as made by the valuers even though the valuation was not based on the statutory method of valuation provided under rule 1d? 4. whether, the valuers to whom the valuation of shares was referred under section 24(6) of the act, were, in law, bound to follow the. method of valuation prescribed by rule 1d of the wealth-tax rules ?' for the assessment years 1965-66 and 1966-67 the assessee, an individual, valued the unquoted shares of companies belonging to the j.k. group by taking the average of the value arrived at on the break-up value method and the yield, value method. the wto did not accept that notion and took the value of these shares on the break-up value method. on appeal, the aac followed the method of valuation which had been accepted by the tribunal for .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2005; (2002)3UPLBEC2121
janardan sahal, j. 1. the dispute in the present case relates to promotion to the post of lecturer in hindi in. adarsh gramin inter college chandok, bijnore, which is an institution recognised by the u. p. high schools and intermediate education board. it appears that the committee of management has passed a resolution dated 24.8.1999 for promotion of the respondent no. 4 as hindi lecturer and the papers recommending him have been sent by the manager and the principal of the institution in form a. copy of the resolution has been annexed as annexure-9 and copy of the form a as annexure-10. the petitioner has prayed for quashing the resolution dated 24.8.1999 and the recommendation dated 2.12.1999 annexures-9 and 10 to the writ petition and has also prayed for mandamus to consider the name of the petitioner for the post of lecturer in hindi. 2. according to the petitioner, one somi ram arya, lecturer in hindi was posted as officiating principal of the institution from 1.7.1994 and he superannuated on 30.6.1999 and the committee of management resolved to promote respondent no. 4 on the post of hindi lecturer and has sent his name in form-a. it is alleged that respondent no. 4 was not eligible for promotion on the date the vacancy occurred. he did not have master's degree in hindi on that date and he is also otherwise not eligible inasmuch as he does not have sanskrit as one of his subjects for the bachelor's degree. it is also contended that the petitioner was eligible and his .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2024; (2002)3UPLBEC2163
rakesh tiwari, j. 1. this writ petition has been filed challenging the validity of the impugned judgment and order dated 7.12.1999 passed by the central administrative tribunal, allahabad. 2. the brief facts of the case are that on 31.12.1995 the office of the central excise and customs, allahabad advertised two vacancies of inspector, one of upper division clerk and two posts of lower division clerk for appointment of meritorious sportsmen in the newspaper 'danik jagran'. the petitioner applied for the post of inspector on pursuance of the advertisement dated 31.12.1995. in paragraph nos. 6 to 9, the petitioner has averred that he being an athlete participated in several tournaments. it is stated that he also participated in east zone inter university athletics meet commencing from 23rd to 25th january, 1993. he also participated in atheletic hammer throw championship 1991 and inter university and inter degree colleges championship in the year 1990-91, 1991-92, 1992-93 and 1993-94. 3. by letter dated 14/15.2.1996, the petitioner was directed to appear on 23.2.1996/26.2.1996 in the mayo hall sports complex/madan mohan malviya stadium, allahabad at 10.00 a.m. for the ground test. 4. according to the conditions contained in the advertisement dated 31.12.1995, the last date for submission of the form was 15.1.1996 and if the application was not received by 15.1.1996, the form was to be out-rightly rejected. 5. the petitioner and 39 otherpersons who had applied against thesaid .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2108; (2000)2UPLBEC1758
s. r. singh, j.1. this cluster of five writ petitions proceeds from selection to the uttar pradesh higher judicial service (in short the 'service') pertaining to the recruitment years 1992-1994 held pursuant to an advertisement issued in june, 1996 thereby inviting applications for recruitment against 19 vacancies in the service in the pay scale of rs. 4,500-5,700 attended with admissible allowances. according to the advertisement. 10 vacancies were earmarked for general candidates, four for scheduled castes and five for o.b.c. (other backward classes). the advertisement encapsulated a clause that there might be 'variance' in the number of vacancies without prior notice.2. the petitioners appeared in the written examination as also in the interview, which followed the written examination. the names of the petitioners glow in the select list prepared under sub-rule (4) of rule 18 of the u. p. higher judicial service rules. 1975 (hereinafter referred to in the abbreviated form as the 'rules'). the select list enlisted 40 candidates in all, i.e., twice the number of vacancies required to be filled by direct recruitment as exacted by the directions of the supreme court in o. p. garg and others v. state of u. p. and others, air 1991 sc 1202. the court, however, transmitted to the governor truncated lists of each category of candidates sized up to the number of vacancies.3. we have heard s/sri aahok khare, ashok bhushan, anjani kumar and shiva nath singh for the petitioners and .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3192b
yatindra singh, j.1. the main question involved in these two writ petitions is, 'how a vacancy of more than ten months due to long leave on the post of the principal of a degree college should be filled up'. in this connection, we will also consider the scope of sub-section (4) of section 13 [section 13 (4)] of the u.p. higher education services commission act, 1980 (the commission act) and the supreme court decision in kamlesh kumar sharma v. yogesh kumar gupta and ors., (1998) 1 uplbec 743 : air 1998 sc 1929, (the sharma case) which arose from a division bench decision of our court in dr. yogesh kumar gupta v. state of u.p. and ors., 1995 uplbec 1125.the facts2. two teachers of the bareilly college, bareilly (the bareilly college) affiliated with the rohilkhand university are contesting parties, dr. prakash chandra kamboj and dr. somesh yadav, dr. kamboj was appointed as lecturer in the department of chemistry in the bareilly college on 16.7.1965 and was promoted as reader on 1.1.1986. dr. somesh yadav was appointed as lecturer in botany department in the bareilly college on 4.9.1974 and was promoted as reader on 4.9.1987. it is admitted that dr. kamboj is senior than dr. yadav. 3. an advertisement no. 23 was issued by the u.p. higher education service commission (the commission) on 10th of march, 1997, for appointments of the principals in certain degree colleges, posts of principals of many colleges were advertised, but the post of the principal of the bareilly college .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2309; (2000)3UPLBEC2121
r.r.k. trivedi, j. 1. in this bunch of special appeals, judgment dated 8.9.1997 passed by the learned single judge has been questioned by which civil misc. writ petition no. 19071 of 1995 and four other writ petitions were finally disposed of. petitioners in the aforesaid five writ petitions are junior engineers serving in allahabad development authority on ad hoc basis for several years. they claimed regularisation of their services as junior engineers and payment of regular salary, learned single judge by the impugned order dated 8.9.1997 disposed of the writ petitions by the following order :'in the aforesaid view of the matter, the nature of exercise in regard to the selection in making ad hoc appointments on regular basis for filling up the substantive vacancies in the posts of junior engineers which has been undertaken by the respondent development authority cannot be sustained in law. in the result, the questions framed in the earlier part of this judgment are decided accordingly. vide an interim order of this court, the implementation of the result of the selection held for making ad hoc appointment onregular basis had been stayed. the entire proceedings culminating in the declaration of the result referred to hereinabove which had been stayed being manifestly illegal and vitiated in law deserves to be and are hereby quashed. the respondent authority shall now proceed to fill up the substantive vacancies in question expeditiously in accordance with law and taking into .....
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