Allahabad Court November 2001 Judgments
Pradeep Kumar Vs. Kendriya Vidyalaya Sangathan, New Delhi and anr.
Court: Allahabad
Decided on: Nov-30-2001
Reported in: 2002(1)AWC255; [2002(92)FLR785]; (2002)1UPLBEC719
Anjani Kumar, J. 1. Heard learned counsel appearing on behalf of the petitioner and Sri Vinod Swaroop, learned counsel representing the respondents.2. Petitioner by means of this writ petition has prayed for issuance of a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for working as computer teacher in the institution and pay salary according to the term and condition of the appointment letter dated 16.9.2000, Annexure-1 to the writ petition. The clause (3) of the aforesaid appointment letter dated 16.9.2000 is reproduced below :'(3) it is abundantly made clear that the assignment is purely of day-to-day nature and confers no right of appointment or your placement in the cadre of teachers. Your service will be utilised on the day-to-day basis depending upon the need and payment, therefore, will be made accordingly.'3. A perusal of the appointment letter dated 16.9.2000 particularly clause (3), referred to above, demonstrates that p...
Tag this Judgment!Satya Pal Singh Vs. U.P. Public Services Tribunal Iii and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: 2002(1)AWC238; [2002(92)FLR882]; (2002)1UPLBEC364
D.S. Sinha, J.1. Heard Dr. Rama Shanker Dwivedi, learned Senior Advocate, appearing for the petitioner, Shri B. D. Mandhyan, learned counsel representing the respondent Nos. 2, 3 and 4, and Shri Vinay Malviya, learned Standing Counsel of the State of U. P., appearing for the respondent No. 1, at length and in detail.2. Shri Satya Pal Singh, the petitioner, was appointed as Kamdar in the cadre of class IV employees in the Krlshi Utpadan Mandi Samiti, Gulawathi, district Bulandshahr on 6th July, 1969. His services were terminated on 31st May, 1974. Aggrieved by the termination order, he pursued departmental remedies. On being unsuccessful, he instituted a civil suit at Bulandshahr. Suit No. 136 of 1975 on 24th March, 1975, challenging the validity of the order of termination of the services. The suit was not contested by the Mandi Samiti. Thus, it proceeded ex parte, and was decreed on 27th July, 1977. A copy of the judgment decreeing the suit is appended to the petition as Annexure-1. P...
Tag this Judgment!Dr. S.P. Jindal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: 2002(1)AWC306A
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioner has been transferred from Meerut to Ghaziabad. Learned counsel for the petitioner has relied on the decision of the Supreme Court in Director of School Education, Madras and others v. O. Karuppa Thevan and Anr., 1994 Supp (2) SCC 666, and has urged that in view of this decision, the petitioner could not be transferred in the mid-term of his children studying in school. In our opinion, the aforesaid decision of the Supreme Court does not lay down any principle of law that a Government employee, whose children are studying in school, cannot be transferred during the mid-term of his children studying in school. The aforesaid decision is mere a direction of the Supreme Court without laying any principle of law. Such direction without laying down any principle of law is not a precedent. A writ lies where there is any error of law apparent on the face of the record and not merely because there is some hardship to the peti...
Tag this Judgment!Quality Exports and Chemicals Vs. Cegat, New Delhi
Court: Allahabad
Decided on: Nov-29-2001
Reported in: 2002(140)ELT362(All)
ORDERP.K. Jain, J.1. The petitioners are partnership concern engaged in manufacturing of menthol and DMO and are registered with the Central Excise Department for the same. On 12-7-1995 the Central Excise Officers inspected the premises of the petitioners and found that the petitioners were clandestinely clearing the excisable goods manufactured by them and there was excess stock of finished goods which was not accounted for in their books. The department issued notices proposing to raise a demand of Rs. 53,55,862.15 paise as central excise duty on clearing of goods valued at Rs. 2,71,54,179.00 without paying excise duty, proposing to demand central excise duty of Rs. 33,22,722.00 on the basis of assumption of abstract of menthol produced and cleared by the petitioners during June and July, 1995 and further calling upon them to show cause why proposed penalty be not levied. The Adjudicating authority passed various orders whereby the goods worth Rs. 99,39,334.00 seized from the petitio...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Shadma Begum and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: II(2002)ACC610; 2002ACJ1185
Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal dated 25.5.2001 directing the appellant to pay a sum of Rs. 3,24,000 as compensation to the claimants-respondents.2. The claim petition was filed with the allegations that Nasim Ullah alias Toni (deceased) was going with his wife and three minor daughters from Delhi to Ali-garh by his Maruti car No. DL C-B 0305. The truck Tata No. HR 26-7992 coming from the opposite direction, dashed against the Maruti car, with the result Nasim Ullah died leaving behind him, his widow and three minor daughters. It was alleged that the accident was caused due to rash and negligent driving of the truck driver. The petition was contested by the appellant on various grounds. It was alleged that the truck in question was not insured with the appellant on the date of the accident. The accident was not caused due to rash and negligent driving of the truck driver. The Tribunal, on assessment of...
Tag this Judgment!National Insurance Company Vs. Kamal Singh and anr.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: III(2002)ACC146
Sudhir Narain, J.1. This appeal is directed against the award dated 24.5.2001 passed by the Motor Accident Claims Tribunal, Jalaun at Orai awarding a sum of Rs. 2,24,000/- as compensation to the claimant-respondents.2. The claim petition was filed with the allegation that while the claimant was travelling by jeep in question, dashed against a tractor with the result that he received serious injuries on the left hand and it was amputated.3. The claim petition was contested by the appellant on various grounds. It was alleged that the claimant himself was responsible for the injuries as he had protruded his hand outside the window of the jeep. The Tribunal had recorded a finding that the injuries were caused due to rash and negligent driving of the driver of the jeep and on consideration of the materials on record, found that the claimant was entitled to a sum of Rs. 2,24,000/-.4. We have heard Mr. Vivek Birla, learned Counsel for the appellant.5. The learned Counsel for the appellant sub...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Sabai and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: II(2002)ACC435; 2003ACJ916
Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jhansi, dated 21.8.2001 awarding Rs. 1,60,000 to the claimants-respondents as the compensation.2. The claim petition was filed with the allegations that on 24.11.1994 while the deceased Ramju was going to Moth Samthar turning on truck No. UGP 4955 with his goods loaded therein, the truck tumbled down near the turning in between Chirgaon and Baral due to rash and negligent driving of the truck by its driver and Ramju, husband of claimant-respondent No. 2 and father of claimant-respondent Nos. 3 to 5, died in this accident. The appellant contested the claim petition on various grounds. The Tribunal after considering all the relevant aspects of the matter and the evidence on record, recorded its finding in favour of the claimants-respondents that the accident had occurred due to rash and negligent driving of the truck in question resulting into the death of Ramju who left behi...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Smt. Shashi Bala and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: II(2002)ACC23
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Allahabad awarding Rs. 3,15,500/- as compensation to the claimant-respondents.2. The claim petition was filed with the allegations that Abhai Kumar Singh was going on his Motorcycle on 27.11.1992 at 3.30 p.m. The Tractor of Shiv Kumar dashed against him, with the result he received serious injuries and succumbed to his injuries leaving behind him his widow and two minor daughters. It was stated that the accident was caused due to rash and negligent driving of the Tractor in question. It was insured with the appellant. He was 27 years of age at the time of the accident and used to operate crusher and was getting Rs. 5,000/- per month. He also used to pay income-tax.3. The appellant contested the claim petition on various grounds.4. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the Tractor 'in question and on assessment it found that the...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Nathuni Prasad and anr.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: II(2002)ACC304; 2003ACJ1604
Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal dated 31.5.2001 awarding Rs. 2,57,413 as compensation to the claimant-respondent.2. The claim petition was filed with the allegations that Nathuni Prasad was going in jeep No. UP 57-2833 towards his house. The driver of the jeep dashed against the Tempo with the result, he received serious injuries. His left leg was fractured and he was taken to the hospital. He has spent Rs. 50,000 on medical treatment. He was aged about 30 years and was carrying on the business of sale of readymade clothes and doing agriculture and was earning Rs. 3,000 per month.3. The claim petition was contested by the appellant. It was denied that the accident was caused by rash and negligent driving of the vehicle in question. The driver of the jeep had no valid licence and the amount claimed was excessive.4. The Tribunal recorded a finding that the accident was caused due to rash and negligent dr...
Tag this Judgment!Vishesh Kumar Vs. Shanti Devi and ors.
Court: Allahabad
Decided on: Nov-29-2001
Reported in: 1(2002)ACC507
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Etah dated 6.8.2001 awarding Rs. 1,30,000/- to the claimant-respondents as compensation.2. The claim petition was filed with the allegations that on 8.8.1999 at about 5.00 p.m. while the deceased Nepal Singh was sitting in front of his house, scooter No. UP 83B/8154 being driven by the appellant, dashed against the deceased Nepal Singh due to which he received serious head injuries and died on the way to hospital. He left behind him his widow and one minor son who were solely dependant upon him. He was earning about Rs. 3,000/- per month from the sale of buffalo milk. The appellant, who was the owner of the vehicle involved in the accident, contested the claim petition denying that he was driving the scooter rashly and negligently. The New India Insurance Company Ltd. (respondent No. 3) alleged that the accident had not occurred due to rash and negligent driving of the scooter and furth...
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