Allahabad Court August 1998 Judgments
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Meerut Development Authority, Meerut Vs. Chaddha Construction Co., New ...
Court: Allahabad
Decided on: Aug-11-1998
Reported in: 1999(4)AWC3378
Palok Basu, J. 1. Since both these First Appeals From Orders raise similar questions, they are being disposed by this common Judgment after the learned counsel for the parties at substantial length.2. Two questions of importance have arisen in these two cases. First, whether Section 14 of the Indian Limitation Act has been attracted to the facts of the case and filing of objections before the Court of Civil Judge within the time allowed by law can be taken to be a valid filing for the purposes of getting those objections decided on merits even though it has been ultimately found that those two objections should have been filed before the Court of District Judge, and, second, in filing the said objections against the awards before the Civil Judge bona fides of the objector exists or not. It is undisputed that the awards in these two cases were passed by the Arbitrator on 3.11.97 and 12.11.97 respectively. Objections against the awards were filed on 31.1.98 and10.2.98 respectively before...
Km. Madhurima Bhargava and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-11-1998
Reported in: 1999CriLJ685
K.D. Shahi, J.1. The question referred by the single Judge, Hon'ble S. K. Phaujdar, J. is :-Whether in exercise of powers under Section 482 Cr. P.C., the Court could direct compounding the offences which are not made compoundable under Section 320 Cr. P.C. specially in case under Section 498A of the I.P.C. 2. It shall be proper to give some facts of the case before adverting to reply the question. Smt. Meena Bhargava was wedded to Aditya Bhargava on 6th of October, 1990, according to Hindu rite and rituals. On 26-6-1992, she lodged a report at police station Haldwani, district Nainital under Section 498A, I.P.C. and Section 3/4 Dowry Prohibition Act against her husband Aditya Bhargava, Nanads (husband's sister) Ku. Madhurima Bhargava and Kum. Kavita Bhargava, Jeth (elder brother of husband) Pradeep Bhargava, Jethani (elder brother's wife of husband) Smt. Krishna Bhargava, mother-in-law Smt. Subhashini and father-in-law Dr. P. D. Bhargava and 0(1 that basis police filed criminal case No...
Farukhi Glass Industries, Firozabad Vs. Regional Provident Fund Commis ...
Court: Allahabad
Decided on: Aug-10-1998
Reported in: 1998(3)AWC2176
D.K. Seth, J.1. The petitioner has challenged an order passed under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, contained in Annexure-1 to the writ petition, being dated 2nd June. 1998. Learned counsel for the petitioner S. K. Srivastava contends that the said order for determination of the amount has been undertaken in view of the Circular dated 24th December, 1997. From the face of the order, it appears that the said order does not conform to the said Circular dated 24th December. 1997. which is Annexure-II to the writ petition, as such the order is per se illegal, and, therefore, it should be set aside. Accordingly, he contends that while calculating the amount, the authorities have taken into account identified class of employees irrespective of the facts whether they were in service or they are in service, who have not been enrolled as Provident Fund Members due toamendment in paragraph 26 of the Employees' Provident Fund Scheme, 1952. Accor...
Committee of Management, Shri Guru Govind Singh Inter College, Bareill ...
Court: Allahabad
Decided on: Aug-10-1998
Reported in: 1998(3)AWC2182
O.P. Garg, J.1. Surjeet Singh, respondent No. 3 was admittedly elected as the Manager of the Committee of Management of Sri Guru Govind Singh Inter College, Govind Nagar, Model Town, Bareilly in the last election, which was held on 8.5.1996. This Committee of Management was duly recognised by the District Inspector of Schools (for short 'D.I.O.S.') on 24.6.1996. Sardar H.S. Sobti was elected as President but was subsequently substituted by Sardar Mela Singh. It is alleged that on 15.8.1997. Surjeet Singh voluntarily resigned from the post of Manager. The resignation of Surjeet Singh was accepted by the Committee of Management in its meeting dated 10.12.1997 and in the said meeting, Kamal Jeet Singh, petitioner No. 2 was appointed/elected as Manager for the rest of the term of the Committee. His signatures were attested by the D.I.O.S. on 17.1.1998. In this manner, Kamaljeet Singh continued to work as Manager of the Committee of Management. On 18.5.1998, Surjeet Singhrespondent No. 3 se...
Committee of Management, Pachottar National Inter College, Ghazipur an ...
Court: Allahabad
Decided on: Aug-10-1998
Reported in: 1998(4)AWC433
O.P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the impugned order dated 24,7.1998, Annexure-21 of the writ petition, passed by the District Inspector of Schools, (for short 'D.I.O.S.') be quashed and the respondents be commanded not to interfere in the functioning of the petitioners as the Committee of Management of Pachottar National Inter College. Mardah, Ghazipur.2. Sri Ashok Khare, learned counsel, appears on behalf of the petitioner Dr. R. G. Padia, learned senior Advocate, appears on behalf of the respondent Nos. 4 and 5 S/Sri Mahendra Singh and Yogesh Chandra Singh respectively. Dr. Padia stated that since the present petition involves determination of certain legal questions, it may be decided finally without requiring the respondent Nos. 4 and 5 to file the counter-affidavit. Learned standing counsel is also of the same view. 1. therefore, proceed to hear and decide the present writ petition on merits on the bas...
Surya Processors (P) Ltd. Vs. Collr. (Appeals) C. Ex. and Cus.
Court: Allahabad
Decided on: Aug-10-1998
Reported in: 2000(68)ECC54; 1998LC513(Allahabad); 2000(115)ELT48(All)
ORDERS.L. Saraf, J.1. Heard Shri A.P. Mathur, learned Counsel appearing for the petitioner-company and Shri Sushil Harkauli for the respondents.2. This writ application has been filed by the petitioner challenging the order of the Collector (Appeals), Central Excise, dated 22-12-1994, whereby the Collector has held that the petitioner's product i.e., impregnated cotton fabrics not visible to the naked eyes, falls under sub-heading 5901.10, treating the product of the petitioner as Buckram cloth/stiffened fabric. The case of the petitioner is that since the petitioner's product is impregnated with plastic material, the same will not fall under sub-heading 5901.10, but it will fall under Chapters 52 to 55 of the Excise Tariff. The petitioner submits that it produces fabrics with plastic coating, which cannot be seen with naked eyes. For appreciation of the case of the parties, I set out below the relevant Tariff items :---------------------------------------------------------------------...
Chaupal Singh and Others Vs. Commissioner, Garhwal Division and Others
Court: Allahabad
Decided on: Aug-07-1998
Reported in: 1999(1)AWC292
Aloke Chakrabarti, J.1. Petitioners represent the residents of village Kinigadl and the respondent No. 4 represents the village Gawani both within the district of Pauri Garhwal. Villagers of Gawani filed application on 4.3.1956 to form a Forest Panchayal in the Forest which is situate within the sal assi boundary of thetr village and the petitioners' viliage raised objection. The Sub-Divisional Magistrate rejected the application on 18.2.1958 and the appeal preferred by villagers of Gawani was allowed. The revision filed was dismissed. Villagers of Kimgadi village filed Suit No. 43 of 1960 which was ultimately decreed on 17.12.1966 recognising customary right of the villagers of Kimgadi in respect of the concerned forest. The first appeal before the learned District Judge was dismissed followed by dismissal of the second appeal filed before this Court. The residents of village Gawani filed application on 17.12.1979 before the Sub-Divisional Magistrate concerned for forming Forest Panch...
Smt. Veena Ojha Vs. U.P. Stcok Exchange Association Ltd. and Others
Court: Allahabad
Decided on: Aug-07-1998
Reported in: 1998(3)AWC2109
D.K. Seth, J. 1. The petitioner has alleged that the arbitrator appointed under the bye-laws framed pursuant to Section 9 of the Securities Contracts (Regulation) Act, 1956, had passed an ex parte award against her in the matterarising out of alleged dealings/transactions, which the petitioner had never entered into. It is further alleged that the petitioner had no notice of the arbitration and the arbitrator had misconducted himself in passing the said award ex parte. It is further contended that the arbitrator had no jurisdiction to enter into arbitration since the alleged transaction did not fall within the ambit of bye-laws 247 (a) and 247 (b) of the bye-laws framed under the said Act.2. I have heard Mr. R. K. Ojha, learned counsel for petitioner and Mr. Mahendra Bahadur Singh, learned counsel appearing for respondent No. 3, at length.3. Section 9 of the said Act provides for framing of bye-laws which in sub-section (2) clause (k), provides for the regulation of the entering into, ...
Suresh Chandra Sharma Vs. Director/Addl. Director of Education (Second ...
Court: Allahabad
Decided on: Aug-07-1998
Reported in: 1998(4)AWC75
D.K. Seth, J.1. The District inspector of Schools had permitted filling up of one vacancy in the concerned school and consequently an advertisement was Issued in which only one post was mentioned. The selection committee however selected three persons in order of merit. But in the proceedings for selection it had mentioned that the selection is being made against three posts. The candidate mentioned at SI. No. 1 in the select list was appointed against a post that fell vacant for which permission was given by the District inspector of Schools and advertisement was published. The second candidate in the select list was appointed and was ultimately absorbed against the vacancy in a post held by one Smt Meera Agrawal who was transferred on 8.2.1980. The petitioner who was in SI. No. 3 in the select list contends that one Sri R. P. Singh was promoted to L. T. Grade on 2.9.1979 and therefore in that vacancy the petitioner was given appointment thereafter. initially approval was accorded but...
Rejendra Prasad Vs. Regional Secretary, Madhyamik Shiksha Parishad and ...
Court: Allahabad
Decided on: Aug-07-1998
Reported in: (1998)3UPLBEC1933
O.P. Garg, J.1. Heard Sri A.K. Yadav, learned Counsel for the petitioner.2. The date of birth of the petitioner in the High School certificate, it is alleged has been wrongly mentioned as 10.2.1976 while it should have been 3.7.1978. The petitioner made a representation for correction of his date of birth to respondent No. 2 but the representation has been rejected on the ground that it was filed beyond the time prescribed.3. After having heard the learned Counsel for the petitioner, I find that it is necessary that the controversy may be decided on merit by respondent No. 2 after taking into consideration the material which may be brought before him by the petitioner after hearing him.4. The writ petition is finally disposed of with the direction that respondent No. 2, Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad shall decide the question of correct date of birth of the petitioner by a speaking order within a period of three months from the date a certified copy of this order...
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