Allahabad Court August 1999 Judgments
Shanti Tyagi Vs. Viith Additional District Judge, Meerut and Another
Court: Allahabad
Decided on: Aug-31-1999
Reported in: 2000(1)AWC104
A. K. Yog, J.1. Shanti Tyagi. petitioner has filed this petition claiming writ of certiorari to quash order dated 6th February. 1985 (Annexure-6 to the writ petition) whereby the District Judge (acting as revisional authority under Section 18, U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (for short called 'the Act') allowed the revision and set aside the order of allotment dated 10th September. 1980 (Annexure-5 to the writ petition) passed by the Delegated Authority under Section 16 of the Act in favour of the petitioner.2. One Nawab Singh tenant wasallotted present accommodation inquestion (a residentialaccommodation in the city of Meerut).Nawab Singh vacated the saidaccommodation. Landlord exercisedhis right to nominate an allottee. Some other persons also applied for allotment of the said accommodation. The rent control authority passed allotment order in favour of Shalender Kumar Saxena and Mahabir Prashad Saxena. The said al...
Tag this Judgment!Jai Ram Prajapati Vs. Union of India and Others
Court: Allahabad
Decided on: Aug-31-1999
Reported in: 1999(4)AWC3073; (1999)3UPLBEC2029
O.P. Garg, J.1. The petitioner Jai Ram Prajapatl is Junior Telecom Officer in the Telecom Department which is a class III post. It is proposed to hold an enquiry against the petitioner under Rule 14 of the Central Civil Services (Classification. Control and Appeal) Rules, 1965. The statement of articles of charges framed against the petitioner is Annexure-1 to the Memorandum dated 16/19.7.1999, a copy of which is Annexure-5 to the writ petition. The petitioner has challenged the propriety, correctness and validity of the statement of articles of charges and the memorandum, aforesaid, and has prayed that they may be quashed and the respondents be commanded not to adopt any coercive action against the petitioner on the ground that the petitioner has been finally acquitted in the Criminal Trial Case No. 2212 of 1997, under Sections 419/420/409, I.P.C. and Sections 21. 25 and 27 of the Indian Telegraph Act, as per order dated 22.10.1998, passed by the Chief Judicial Magistrate. Azamgarh.2....
Tag this Judgment!Vijay Pal Singh Vs. Vice Chancellor, Mahatma Jyoti-ba-phuley Roohelkha ...
Court: Allahabad
Decided on: Aug-31-1999
Reported in: 1999(4)AWC3267; (2000)2UPLBEC1170
A. K. Yog, J.1. Vijay Pal Singh, petitioner has filed this petition under Article 226, Constitution of India, praying a writ of mandamus commanding Vice Chancellor to release his marks sheet of B. A. Part 1-1997 Examination ; photostat of which has been filed as Annexure-1 to the writ petition.2. At the outset, I would like to record that writ petition does not explain laches. The petitioner alleges that he filed certain representations before respondent No. 1. These averments do not inspire confidence.3. A counsel is under professional obligation both to the client and to the Court. Since counsel for the petitioner is relatively a junior advocate, I restrict myself by observing that he did not appear before Court either on 30.8.99 or 31.8.99.4. There is no explanation why petitioner obtained certificate dated 7.8.1997 counter signed by Inspector Sanskrit Pathshahala, U. P. Allahabad on 29th September. 1997 (Annexure-6 to writ petltion-P. P. 24 of the writ paper book). There is no expl...
Tag this Judgment!Bharat Heavy Electricals Ltd., Ranipur, Hardwar Vs. Labour Court, U. P ...
Court: Allahabad
Decided on: Aug-31-1999
Reported in: 1999(4)AWC3431; (1999)3UPLBEC2098
Yatindra Singh, J.1. Is abandonment a retrenchment? is a standing order illegal if it provides that : an employee absent without sanctioned leave for 8 days is deemed to have left (abandoned) his service ; but treated to be in service if he subsequently satisfied the employer for his absence? is such a satisfaction of the employer immune from being tested in the labour court? These are some of the questions that are involved in this writ petition. This is how they arise.FACTS2. Sri J. P. Sharma (the contesting respondent) was a permanent employee of the Bharat Heavy Electrical Ltd.. Hardwar, (the BHEL for short). The contesting respondent absented himself from 29.4.1981 without obtaining any leave. The BHEL received an application dated 4.4.1981 from the contesting respondent (Annexure-1 to the writ petition) ; requesting them to grant him leave for 15 days with effect from 29.4.1981 to 13.5.1981 for an urgent personal work. The contesting respondent had mentioned his village address i...
Tag this Judgment!Smt. Akhtari and Another Vs. District and Sessions Judge, Muzaffarnaga ...
Court: Allahabad
Decided on: Aug-31-1999
Reported in: 1999(4)AWC3411
D.K. Seth, J.1. The petitioner has challenged the order dated 12.8.1999 passed in Misc. Appeal No. 153 of 1999 by the learned District Judge, Muzaffarnagar. The said order arises out of the suit being Original Suit No. 304 of 1998 pending before the learned Civil Judge, Senior Division. Muzaffarnagar. In the said suit, the petitioner had sought for an injunction in respect of the proceedings for recovery of the dues of the Bank sought to be made under Section 11A of the U. P. Agricultural Credit Act, 1973.2. Mr. N. C. Rajvanshi. learned counsel for the petitioner contends that since certain properties were mortgaged as security in respect of the loan, the same cannot be recovered as arrears of land revenue in view of the Apex Court's decision. Secondly, he contends that recovery certificate was issued without giving opportunity to the petitioner which is again vitiated as has been held by the Apex Court. On these grounds, he contends that the recovery proceeding initiated against the p...
Tag this Judgment!Hal Education Society and ors. Vs. Jitendra Kumar Srivastava and ors.
Court: Allahabad
Decided on: Aug-31-1999
Reported in: [2000(84)FLR126]; (2001)IIILLJ469All; (1999)3UPLBEC1969
P.C. Verma, J.1. This writ petition has been filed by the petitioners challenging the award made by the Labour Court in adjudication case No. 171 of 1991 dated September 17, 1996, contained in Annexure No. 1 to the writ petition. The said award was made on the reference made by the Deputy Labour Commissioner under the Industrial Disputes Act on September 30, 1991 to the effect as to whether the termination or disengagement of Sri Jitendra Kumar Srivastava workman, clerk-cum-typist on February 1, 1990 by the employer was just and legal, if no to what relief the workman was entitled. After the aforesaid reference the workman, opposit party No. 1, filed his claim in the form (sic) written statement on March 10, 1992 statin(sic) therein that the employer, the petitioners institution is run in the compound of H.A.I Korwa under its control for impartin education to the children of the employees (sic) the H.A.L.The workman was appointed in the above establishment on July 30, 1987 to work as c...
Tag this Judgment!Abdul Hamid Vs. Iiird Addl. District Judge, Mainpuri and Another
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 2000(1)AWC276
B. Dikshit, J.1. The question, which arises for consideration in this writ petition, is whether the jurisdiction of civil court Is barred to try a suit which is of small cause court nature and the decree. If passed by civil court in such a suit, will be null and void?2. The facts giving rise to said question are that respondent Beni Ram Agarwal (hereinafter referred as 'Plaintiff') filed Original Suit No 420 of 1985 for possession before Munsif, Shikohabad against petitioner-defendant Abdul Hamid (hereinafter referred as 'Defendant') after determining the tenancy in respect of premises in dispute. After considering the case of the parties. Munsif, Shikohabad on 11.11.1987 decreed the suit. Aggrieved by decree of trial court, the defendant filed an appeal. During pendency of appeal, an application was moved on 2.5.1989 by defendant to amend his written statement. The plea, which was sought to be introduced by proposed amendment of written statement, is that as suit was cognisable by sma...
Tag this Judgment!Smt. Kunti and Others Vs. U.P. Services Tribunal and Others
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 2000(2)AWC1412; (2000)3UPLBEC1979
Dev Kant Trivedi and Kamal Kishore, JJ.1. By means of the present writ petition, the order dated 31st October, 1996, passed by the U. P. Public Services Tribunal in Claim Petition No. 1022 of 1995 has been challenged by the widow and the sons of Late Sri Ram Narain Rai.2. Ram Narain Rai was a police Head Constable who was dismissed from service by means of order dated 3rd August, 1993 passed by the Commandant, 4th Bn. P.A.C. Allahabad. Ram Narain Rai died on 12th of December, 1993. The petitioners filed a Claim Petition No. 1022 of 1995. During the pendency of the said claim petition, a representation was made to the D.I.G., P.A.C., Allahabad. The said representation was dismissed by the D.I.G., P.A.C., and thereby the appeal of Late Sri Ram Narain Rai was also dismissed, This order dated 20th April, 1996 and so also the order dated 31st October, 1996 whereby the claim petition was dismissed as not maintainable, have been challenged in the present writ petition.3. It appears that Head ...
Tag this Judgment!National Insurance Company Ltd. Vs. Smt. Shashi Bala Gupta and Others
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 2001ACJ2036; 2000(2)AWC1430
R. D. Mathur, J. 1. This is an appeal against the judgment and order dated 26.5.1995, passed by the Presiding Officer (IInd Additional District Judge), Motor Accident Claims Tribunal, Sultanpur partly allowing the claim of the claimants/respondent Nos, 1 to 4 and awarding a sum of Rs. 1.60.000 as compensation to the respondents payable by the appellant, National Insurance Company, with pendente lite and future interest at the rate of 10% per annum.2. The respondent Nos. 1 to 4 had filed a claim petition for grant of compensation for the death of Kaushal Kumar Gupta in an accident which had occurred in the intervening night of 20/21.4.1993 at about 11.00 p.m. on Lucknow-Sultanpur, road infront of Atith Hotel in Jagdlshpur Chatti. Sultanpur by Jeep No. U. P. 65D-8646, owned by respondent No. 5, Meeraz Ahmad.3. According to respondents. Kaushal Kumar Gupta, who happened to be the husband of respondent No. 1 and father of the respondent Nos. 2 to 4. was a Journalist and General Manager in ...
Tag this Judgment!Smt. M. Nariman Vs. Rent Control and Eviction Officer, Kanpur Nagar an ...
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 1999(4)AWC3099
J.C. Gupta, J. 1. Counter and rejoinder-affidavits have been exchanged, hence this writ petition is decided finally.2. Heard Shri A. N. Sinha, for the petitioner and Shri K. M. Dayal, Sr. Advocate, appearing for respondent No. 3.3. This Court finds that this isone of those rare cases wherein an occupant has been dispossessed in a hasty and illegal manner without any respect to law.4. Undisputedly the petitioner is a sitting tenant in premises No. 3/10A Vishnupuri, Kanpur Nagar of which respondent No. 3 is the landlord. An application was made by the landlord before the Rent Control and Eviction Officer-V Addl. City Magistrate, Kanpur Nagar (to be referred to in short as R.C. and E.O.) for declaring the tenanted accommodation vacant on the ground that the same was let out by him to the petitioner in the year 1979 without any order of allotment. A report was called for from the Rent Control Inspector who submitted the same on 16.6.99. On 17.6.99, the R.C. and E.O. passed the following or...
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