Allahabad Court February 1999 Judgments

Lal Singh Vs. State of U.P.

Court: Allahabad

Reported in: 1999CriLJ3705

ORDERM.L. Singhal, J.1. I have heard learned counsel for the accused applicant and the learned A.G.A. for the State.2. The applicant, is an elder brother of the husband of the deceased. There are general allegations of the demand of dowry. It has been argued on behalf of the applicant that the applicant is living separately. The marriage took-place 21/2 years age.3. The accused applicant Lal Singh in Case Crime No. 198 of 1998 under Sections 304B, 201, 498A, 302, I.P.C. and 3/4 D. P. Act, P.S. Diviyapur, District Auraiya shall be admitted to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned....

Ram Sanehi Vs. State of U.P.

Court: Allahabad

Reported in: 1999CriLJ3708

ORDERM.L. Singhal, J.1. The accused applicant Ram Sanehi has applied for bail under Section 302, I.P.C. I have heard the learned counsel for the accused-applicant and the learned A.G.A. for the State.2. The role assigned to the accused-applicant is of exhortation only.3. Let the accused-applicant Ram Sanehi, involved in Case Crime No. 137 of 1998, under Section 302, I.P.C., Police Station, Indergarh, District Kannauj, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned....

Bharat Heavy Electricals Ltd., Haridwar Vs. State of U.P. and Others

Court: Allahabad

Reported in: 1999(2)AWC1013; [1999(81)FLR990]; (1999)IILLJ297All

O.P. Garg, J.1. These are three connected writ petitions. In Civil Misc. Writ Petition No. 2109 of 1997, counter and rejoinder-affidavits have been exchanged. The subsequent two Writ Petition Nos. 41787 of 1998 and 1654 of 1999 are the offshoot of the order of award which has been challenged in the first Writ Petition No. 2109 of 1997. The parties would swim or sink in all the :three writ petitions on the findings to be recorded in Civil Misc. Writ Petition No. 2109 of 1997. With the consent of the learned counsel for the parties, all the aforesaid three writ petitions are being finally decided together.2. Heard Sri Tarun Agarwal, learned counsel for the petitioner and Sri V. C. Misra, assisted by Sri S. C. Dwivedl, learned counsel for the workmen-respondent Nos. 6 to 19 in Civil Misc. Writ Petition No. 2109 of 1997, as well as learned standing Counsel.3. The Bharat Heavy Electrlcals Ltd.. Ranipur. Harldwar (for short 'B.H.E.L.') engages the services of Gardeners (Malees) to sweep, cle...

Antariksh Credit and Commercial Limited Vs. Union Government of India

Court: Allahabad

Reported in: [1999]96CompCas79(All)

A.K. Banerji, J. 1. The petitioner, Antariksh Credit and Commercial Limited, having its registered office at Fatehpur, has filed this petition under Section 433(a) of the Act on the basis of a special resolution passed by its shareholders and the board of directors for winding-up of the said company on the ground that the company has become heavily indebted and its business has been seriously affected resulting in closure of its office and it has become impossible to run the company, consequently, the same be wound up.2. On March 4, 1998, the court has issued notice to the Registrar of Companies and to the Central Government. In response thereto the official liquidator has filed a counter-affidavit opposing the prayer made in this petition. It has, inter alia, been stated therein that the directors of the company had defrauded the poor depositors and have, thereafter, brought this mala fide petition to save their skin and to avoid criminal and civil proceedings against them. Learned co...

Munawar Ali Khan Vs. State of Uttar Pradesh and ors.

Court: Allahabad

Reported in: (1999)1UPLBEC752

O.P. Garg, J.1. Heard Sri Mahesh Gautam Learned Counsel for the petitioner and Sri B. D. Mandhayan Learned Counsel appearing on behalf of Smt. Shanti Devi, respondent No. 6.2. It is an admitted fact that Smt. Shanti Devi respondent No. 6 is a duly elected Pradhan of the Gaon Panchayat. There were serious allegations of squandering of public money against her. A First Information Report was lodged against her. The District Magistrate on the preliminary enquiry report submitted on 29-7-1998 by the S.D.M. passed on order on 14-8-1998, a copy of which Annexure- 4 to the writ petition, stripped her of financial and administrative powers by invoking the provisions of Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947. A formal enquiry into the conduct of the petitioner is to be held in view of the provisions of U. P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules, 1997. A three members Committee as contemplated under the provisions of Section 95 (1), clause (...

Chandan Singh Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 for issue of a writ, order or direction in the nature of certiorari quashing the order dated 5.3.98 passed vide respondent No. 2 and order dated 8.5.98 passed by respondent No. 2 alongwith writ of mandamus directing the respondent No. 2 to post the applicant at Aligarh in pursuance of order dated 2.3.98 passed by respondent No. 2, to treat the applicant as on duty for all practical purposes from 22.4.98 till the applicant is permitted to join at Aligarh and to pay salary off the aforesaid period along with cost of the petition.2. There is no dispute between the parties in respect of the following facts: (i) The applicant was working as Accounts Officer at Moradabad under the immediate control of Telecom District Manager, Moradabad. (ii) On the representation of the applicant respondent No. 2 vide order dated 2.3.98 transferred the applicant from Moradabad to Aligarh. (iii) The applicant was relieved f...

Umrao Chuabe Vs. Employees State Insurance

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 against the order dated 6.8.1991 reverting the applicant from the post of Record Sorter to the post of Peon and also the order dated 16.10.1999 rejecting the appeal of the applicant against the adverse entry entered into the Annual Confidential report for the year 1988-89. The applicant has sought the following reliefs: (i) The respondents may be directed to bring up record of the case and get the order dated 6.8.1991 quashed to the extent it reverts the applicant from the post of Record Sorter to the post of peon. (ii) The respondents may be directed to regularise the applicant to the post of Record Sorter w.e.f 6.8.1991. (iii) The respondents may be directed to bring up the record of the case and get the order dated 16.10.1989 quashed. (iv) The respondents may be directed to expunge the adverse entry entered in the Annual Confidential Report of the applicant for the year 1988-89. (v) The Hon 'ble Tr...

Bhulai and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 for grant of arrears of retiral benefits including the regularisation of increased pension due to recalculation @ 75% on basic pay instead of 55% and less already calculated in the past of the basic pay alongwith interest @ 18% per annum or market rate interest on the arrears of the claim alongwith cost of the petition.2. There is no dispute between the parties in respect to the facts that applicants who were Driver retired before 5-12-1988.3. The applicants case in brief is that they are being paid their retiral benefits like pension, DCRG, Leave Encashment etc. at reduced rate of 55% of Running Allowance in view of the Railway Board's letter dated 22-3-1976 and 17-7-1981 ever since they retired.4. The applicants by virtue of their outdoor duties as Driver and Fireman 'A', incharge of moving trains for arduous duties were categorised as Running Staff were entitled to Running Allowance according to th...

Somwari Devi Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application filed under Section 19 of the Administrative Tribunals Act, 1985 for a writ of mandamus directing the respondents to grant family pension with all consequential benefits arising out of death of the deceased Krishna Prasad.2. There is no dispute between the parties in respect of the fact the applicant is the widow of Late Shri Krishna Prasad who was working as, Substitute Khalasi, under P.W.I., Northern Railway, Allahabad who died due to Heart Attack on 18-11-1984, was appointed as, 'Substitute Khalasi', in Railway on 29.9.1977, was screened for permanent regular service in 1983, but the panel/result of the screening was declared on 05.1.1985 by A.P.O., Northern Railway, Allahabad and the name of the applicant was placed at Sl. No. 26 in the aforesaid panel. No family pension is paid to the applicant 3. The applicant's case in brief is that due to lapse on the part of the Railway Administration, the result of aforesaid screening was not declared in time. It wa...

Abhai Oil Co., Gorakhpur and Another Vs. District Magistrate, Gorakhpu ...

Court: Allahabad

Reported in: 1999(2)AWC1158

B.K. Sharma and V.M. Sahai,JJ.1. Heard Sri Ramesh Singh, learned counsel for the petitioners and Sri R. K. Awasthi, learned standing counsel for respondent Nos. 1 to 3.2. The only short dispute is whether the order dated 25.10.1997 ofDistrict Magistrate, Gorakhpur (Annexure-7 to the writ petition) cancelling the earlier order of his predecessor dated 19.9.1997 (Annexure-6 to the writ petition) enhancing transportation charges from Rs. 100 to Rs. 145 per kiloliter and his subsequent order dated 20.3.1998 and the orders of the A.D.M. (Civil Supplies) dated 30.3.1998 passed in on 30.3.1998 (Annexure-8 to the writ petition) whereby transportation charges had been reduced to Rs. 56,55 paise per kiloliter could be upheld.3. The petitioners arc wholesale dealers carrying on business of selling kerosene oil. They were entitled to charge under the Government Orders issued from time to time, the scheduled price as certified by Oil Company, sales tax, commission along with operational expenses, l...