Allahabad Court April 1998 Judgments
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Shri Krishna Singh GosaIn Vs. State Bank of India and Others
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(3)AWC1727
R.R.K. Trivedi and R.K. Mahajan, JJ. 1. In this petition, the petitioner has claimed relief for Issuance of a writ of certiorari quashing the order dated 26th of May, 1992 (Annexure-13) by which the appeal of petitioner against his non-promotion from Senior Manager Grade Scale III to IV has been rejected. The appeal of the petitioner was with regard to the period 1.8.1989 to 1.8.1990.2. Mr. K. Ajit learned counsel appearing for petitioner has assailed the order dated 22nd April, 1992 (Annexure-A to the supplementary counter-affidavit II) which was communicated to the petitioner on 26th of May, 1992, essentially on the ground that the appellate order violates the principles of natural Justice as no reasons have been assigned for dismissing the appeal.3. Mr. S. N. Verma learned senior counsel appearing for the respondent Bank has submitted that the Appellate Authority was not legally required to Indicate reason for non-promotion of the petitioner. He has further submitted that it was an ...
Kamta Prasad Vs. Smt. Jaggiya and Others
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(3)AWC2075
D.K. Seth, J.1. By means of an application for substitution filed on 1.7.1997, the applicants prayed for substituting themselves in the place and stead of the deceased petitioner. It is alleged that the sole petitioner-Kamta Prasad died on 19.11.1996 leaving behind the heirs as mentioned in paragraph 2 of the affidavit in support of the said application. The said application has been filed along with an application for condonation of delay. It appears that the application was filed after around 200 and odd days of the death. The limitation having expired after expiry of 150 days from death, the delay would be about of two months. In that view of the matter, the delay is condoned and the application for substitution is allowed. Let the cause title be amended accordingly incorporating names of the heirs of the deceased petitioner.2. On 23.1.1985 an application for substitution in the place and stead of the deceased opposite party No. 4 was filed. Notices of the said application were sent...
Shiv Prasad Vs. Deputy Director of Consolidation, Jalaun at Orai and O ...
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(3)AWC1988
Shitla Pd. Srivastava, J. 1.This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner for setting aside the proceedings taken in persuance of the order passed by the Assistant Settlement Officer Consolidation dated 27.8.1976. The second relief claimed by the petitioner is for a writ of mandamus directing the respondents to give finality of the order passed by the Consolidation Officer dated 3.12.1973.2. The facts, in brief, for the purpose of the present writ petition, are that Ram Bharosey, Ram Lal and Lalli were three real brothers, in the basic year khatauni, the name of Ram Bharosey was entered. Shiv Prasad, the present petitioner, filed an objection under Section 9 of the U. P. Consolidation of Holdings Act claiming co-tenancy right and half share in the property in dispute. Ram Bharosey denied the share of the petitioner. It appears that an agreement was arrived at between the parties in the year 1963 in respect of village Barsar. The pr...
Rajendra Prasad Pandey Vs. Allahabad High Court and Another
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(3)AWC2349; (1998)3UPLBEC2088
S.R. Singh, J.Petitioner herein was suspended from service by means of the order dated 27.2.97 with retroactive effect from 17.2.97. The reason listed out in the impugned order is that the petitioner was incarcerated in jail with effect from the said date, being involved in Case Crime No. 120 of 1997 under Sections 498A/304B, 318/201. I.P.C.2. The suspension order reads as under :'Whereas Sri Rajendra Prasad Pandey, Lower Division Assistant, Second Appeal Section, High Court, Allahabad was lodged in Jail with effect from 17.2.1997 in connection with a Criminal Case No. 120/97, under Section 498A/304B/318/201 of Indian Penal Code, He is accordingly placed under suspension with effect from 17.2.1997. He will be entitled for subsistence allowance as admissible in the relevant Rules.' On being enlarged on bail in June, 1997, the petitioner, it seems, moved an application seeking revocation/modification of the suspension order propped up by Full Bench decision of this Court in Chandra Shekh...
Mohammed Isamail Alias Chhedi Vs. Haji Hafiz Mohammad Umar
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(4)AWC469
D. S. Sinha, J.1. Heard Sri Kailash Nath Tripathi. learned counsel appearing for the defendant-appellant-applicant and Shri Sankatha Ral, learned counsel representing the plaintiff-respondent-opposite party.2. By means of instant application under Order XLVI1, Rule 1 of the Code of Civil Procedure, 1908, reported to be beyond time by 185 days, the applicant urges the Court to review its judgment and decree dated 10th February. 1995, rendered in Second Appeal Wo. 1949 of 1980, Mohammad Ismall v. Haji Hafiz Mohammad Umar.3. For condonation of delay tn moving the restoration application, the applicant has moved application under Section 5 of the Limitation Act, 1963. The plaintiff-respondent-opposite party has filed counter-affidavit objecting the condonation of delay.4. It is apposite to notice that the judgment and decree sought to be reviewed, was challenged before the Hon'ble Supreme Court of India through Special Leave Petition No. 17674 of 1995. Mohammad Ismati. v. Hazi Hafiz Mohamm...
New India Assurance Co. Ltd. Vs. Smt. Kiran Singh and Others
Court: Allahabad
Decided on: Apr-29-1998
Reported in: II(1998)ACC288; 2000ACJ396; 1998(4)AWC477
Palok Basu, J. 1. This appeal has tragic background of accidental death of a young man of 27 years, Rajesh Singh. who died on 10.1.1988. when passenger Bus No. URN 9423 travelling between Haldwani and Almorah fell into a ditch and caught fire bringing about the termination of life of Rajesh Singh being burnt while alive. He was Assistant Engineer drawing a sum of Rs. 2.384.50 p. per month as salary. The bus was registered in the ownership of Smt. Kanta Devi wife of Lakhan Singh and was hypothecated with the Central Bank of India, Haldwani Branch, Nainital. The bus was insured with the New India Assurance Company Ltd.. through Haldwani branch. It was comprehensive policy issued on 19.5.1987 and was valid till 18.5.1998. To add to the tragedy, the young widow of Rajesh Singh. namely, Smt. Kiran Singh was carrying a child in the womb then apart from having given birth to a daughter already. A claim petition consequently was filed on 17.2.1988 before the Motor Accident Claims Tribunal. Nai...
Dwarika Prasad Pandey Vs. Allahabad Development Authority
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(4)AWC507
S.L. Saraf, J.The petitioner applied for allotment of a residential Flat M.I.G. at Neem Sarai Housing Scheme of Allahabad Development Authority and deposited a sum of Rs. 36,000 by way of registration fee on 5.6.96. On 3.10.1996 the Zonal Officer of the respondents sent a proposal to the petitioner that he has been allotted M.l.G. Flat No. 46 at Neem Sarai Housing Scheme of Allahabad Development Authority on the terms and conditions stipulated in the allotment letter dated 3.10.1996. According to the said allotment letter, the total estimated costs of the flat was Rs. 2,38.800 for theperson paying lumpsum in cash. Accordingly, after deduction of the registration amount the respondents Issue a letter dated 3.10-1996 to the petitioner for paying balance amount of Rs. 2.02,800 to be paid on or before 31.10.1996. It was stipulated that if the amount is not paid within 31st October. 1S96, the penalty Interest at the rate of 18% shall be payable along with the payable amount. If it is not pa...
Jalal UddIn and Another Vs. Irshad Husain
Court: Allahabad
Decided on: Apr-29-1998
Reported in: 1998(4)AWC691
S.C. Verma, J. 1. The plaintiffs' Suit No. 41 of 1977 for specific performance of contract was dismissed by judgment and decree dated 12.4.1979. The Civil Appeal No. 37 of 1979 filed by the Plaintiffs was also dismissed by judgment and decree dated 18.10.1979. The present second appeal has been filed against the aforesaid judgment and decree dated 18.10.1979 and 12.4.1979 mainly on the ground that the learned District Judge was not competent to act as an expert in comparing and determining the forged signatures with the admitted signatures on the documents.2. The case set up by the plaintiffs was that an agreement to sell was entered in respect of plot No. 530, measuring 8 bighas, 2 biswas and 16 biswansis for a consideration of Rs. 11,000 on 24.6.1974 and Rs. 10,500 was paid in advance through a separate receipt dated 24.6.1974 and the sale deed was to be executed after the payment of the balance of Rs. 500. The plaintiffs have alleged that the defendant did not execute the sale deed ...
Trust, Swami Sukdewa Nand Ashram Trust, Murdhava, Renukoot, Mirzapur a ...
Court: Allahabad
Decided on: Apr-28-1998
Reported in: 1998(3)AWC1702
D.K. Seth, J. 1. By an order dated 27.12.1986, the Commissioner under Section 4 (2) of the U. P. Hindu Public Religious Institutions (Prevention of Dissipation of Properties) Act, 1962, appointed the Sub-Divisional Officer, Mirzapur as Investigating Officer in respect of the trust-Swami Sukdewa Nand Ashram Trust. Against the said appointment, the respondent No. 5 had made an application for not holding enquiry which was dismissed by an order dated 14.3.1987. Against the said order, the respondent No. 5 herein had filed Misc. Appeal No. 43 of 1987 before the District Judge, Mirzapur, who by an order dated 4.5.1987 allowed the appeal and held that the Investigating Officer Sub-Divisional Officer, Dudhhi had no Jurisdiction to proceed with the enquiry into the affairs of the said trust. It is this order which has since been challenged by the petitioners.2. Mr. S. K. Singh, learned counsel for the petitioner, relies on the decision in the case of Krishna. Nand Slngh v. Commissioner, - Vara...
Singer Sewing Machine Co. Vs. Presiding Officer, Labour Court Iv, Kanp ...
Court: Allahabad
Decided on: Apr-28-1998
Reported in: 1998(3)AWC1729; [1998(79)FLR880]; (1998)3UPLBEC2105
D.K. Seth, J.1.The award dated 21.12.1982 passed by the Labour Court (IV) U. P. Kanpur in Adjudication Case No. 47 of 1982 has been challenged in this writ petition.2. The facts giving rise to the dispute adjudicated in the present case is that the respondent No. 2 was engaged by one Sri D. Chatterjee, Regional Manager of petitioner Company as driver and that his services were terminated w.e.f. 23.10.1979, though the employee was engaged by the Regional Manager and used to be paid Rs. 300 per month as salary, by the said Regional Manager, the said amount of Rs. 300 was reimbursed by the employer through the Regional Manager along with travelling allowance of Rs. 12 per day. On these facts, the Labour Court has come to the finding to the effect that there was a relationship of employer and employee, between the respondent No. 2 and the employer, and, therefore, he had awarded re-instatement of the respondent No. 2 with continuity and with full back wages.3. Sri Vijay Sinha, learned coun...
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