Allahabad Court November 2001 Judgments
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U.P. State Road Transport Corporation and ors. Vs. Smt. Chandrawati an ...
Court: Allahabad
Decided on: Nov-27-2001
Reported in: 1(2002)ACC716
Sudhir Narain, J.1. This appeal is directed against the order of the Motor Accident Claims Tribunal dated 13.8.2001 awarding a sum of Rs. 1,29,500/- as, compensation to the claimants-respondents.2. The claim petition was filed by the widow and six children of the deceased with the allegations that Sri Satki Ram died in the accident due to rash and negligent driving of the driver of the bus of the appellant. The claim petition was contested by the appellant with the allegations that the accident was not caused by rash and negligent driving of the bus driver.. We have heard learned Counsel for the appellant. Appellant's Counsel submitted that the accident was not caused due to rashness and negligence of the driver of the vehicle.3. We have perused the order of the Tribunal and the material placed before us by the learned Counsel of the appellant Mr. Samir Sharma; we find that the order does not suffer from any illegality and the amount awarded is not excessive. The deceased was aged abou...
Committee of Management, Dr. Sudama Prasad Bal Vidya Mandir Kanya Inte ...
Court: Allahabad
Decided on: Nov-26-2001
Reported in: 2002(1)AWC154; [2002(92)FLR284]
Anjani Kumar, J.1. Petitioner, Committee of Management aggrieved by the order of the District Inspector of Schools. Shahjahanpur, dated 4/5.10.2001 (Annexure-6 to the writ petition) filed this writ petition under Article 226 of the Constitution of India, inter alia on the ground that the District Inspector of Schools has committed the error in holding that termination of the services of respondent No. 2, Smt. Neela Chaudhary is illegal and suffers from prejudice and further that the District Inspector of Schools was not Justified in the purported exercise of power of the Rules framed under Section 7AA of the Act for directing that the order of termination dated 19.9.2001 passed by the Manager of the college. Annexure-3 to the writ petition, is illegal whereby the Manager has purported to terminate the services of the petitioner forthwith from the date of the passing of the order dated 19.9-2001. The case set up by the petitioner that the respondent No. 2, Smt. Neela Chaudhary was desig...
Subhash Chandra Pandey Vs. Committee of Management, Ganna Kisan Degree ...
Court: Allahabad
Decided on: Nov-26-2001
Reported in: 2002(1)AWC206; (2002)1UPLBEC572
Anjani Kumar, J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned standing counsel representing the State.2. Petitioner being aggrieved by the order dated 24.9.2001, Annexure-14 to the writ petition, has filed the present writ petition, whereby pursuant to the directions issued by this Court in W.P. No. 21725 of 2001, Subhash Chandra Pandey and Ors. v. District Inspector of Schools and Ors., decided on 2.7.2001, the District Inspector of Schools. Shahjahanpur decided the representation filed by the petitioner and has found that petitioner Subhash Chandra Pandey has since been nominated on fixed honorarium, the action of the committee of management that during the summer vacations all such employees and teachers, who have been appointed on fixed honorarium, would be relieved w.e.f. 1.5.2001, for two months. The District Inspector of Schools has further held that merely because the petitioner has been permitted to sign the attendance register during the summ...
Satish Chandra Sharma Vs. Kisan Sahkari Chini Mills Ltd. and anr.
Court: Allahabad
Decided on: Nov-26-2001
Reported in: 2002(1)AWC362; [2002(92)FLR616]; (2002)1UPLBEC786
Anjani Kumar, J.1. By means of this writ petition, the petitioner has challenged the order dated 15.10.2001 whereby the petitioner is placed under suspension in exercise of powers conferred under Standing Order pending regular enquiry. The only contention of learned counsel for the petitioner is that on 13.10.2001, the petitioner was asked to submit his explanation by granting time of three days. But the suspension order was passed on 15.10.2001. This amounts to arbitrary action on the part of the respondents including passing of the suspension order.2. I am convinced with the argument advanced by the counsel for the petitioner that though the petitioner has been asked to explain his conduct vide letter dated 13.10.2001 by granting him three days' time to submit his explanation and the impugned order of suspension has been passed on 15.10.2001. even without waiting for the expiry of three days. A perusal of the impugned order in the writ petition, i.e,, suspension order, demonstrates t...
Suresh Chandra Sharma and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-26-2001
Reported in: (2002)1UPLBEC18
M. Katju, J. 1. Heard learned Counsel for the parties.2. This writ petition has been filed for a mandamus directing the respondents to declare the petitioners as having been promoted as substantively appointed Forest Rangers with effect from 1987-88 and allow consequential benefits to them with effect from 1987-88 as Forest Rangers in pursuance of the recommendations made by the U.P. Public Service Commission by the order dated 6-7-91 and in view of Rule 11 of the Subordinate Forest Service Rules. It has also been prayed that a mandamus be issued to place the petitioner in the seniority list of 30-5-98 at a place where substantively appointed Rangers of 1987 are placed in view of the decision of the Commission dated 6-7-91 and as reiterated by the Commission in the latter dated 30-10-95 (Annexure-5 to the petition). It has also been prayed (by an amendment) that the seniority list dated 1-7-99 be corrected accordingly.3. The petitioner No. 1 Suresh Chandra Sharma was initially appointe...
Oriental Insurance Co. Ltd. Vs. Sohan Lal and ors.
Court: Allahabad
Decided on: Nov-26-2001
Reported in: II(2002)ACC316; 2003ACJ595
Sudhir Narain and R.B. Misra, JJ.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, awarding Rs. 1,22,000 as compensation to the claimants-respondents.2. The claim petition was filed by the claimants-respondents with the allegations that the son of respondent Nos. 1 and 2 died in an accident on 5.12.1999 by a Tempo.3. The appellant contested the claim petition on the ground that the Tempo was not insured with it and the driver had no valid licence.4. The Tribunal recorded a finding that the Tempo was insured with the appellant and the driver had a valid licence.5. We have heard Mr. K.S. Amist, the learned Counsel for the appellant who has urged that the driver did not have a valid licence. The Tribunal had recorded a finding that the driver had a valid licence. This finding has been assailed on the ground that the driving licence was only to drive light motor vehicle. The appellant has filed a photocopy of the driving licence as Annexure 2 to the affid...
Managing Director, U.P. State Road Transport Corporation Vs. Anjila De ...
Court: Allahabad
Decided on: Nov-26-2001
Reported in: 2003ACJ911
Sudhir Narain and R.B. Misra, JJ.1. This appeal is directed against the order of the Motor Accidents Claims Tribunal dated 23.5.2001 awarding a sum of Rs. 3,13,000 as compensation to claimants-respondents.2. The claim petition was filed with the allegations that Dilip Singh, while going on cycle, was dashed by the bus of the appellant. He was aged about 22 years at the time of his death and was earning Rs. 2,200 per month by selling vegetables, etc. The claim petition was contested by the appellant on the ground that the accident was not caused by the Corporation bus in question. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving by the bus driver of the appellant and on assessment the Tribunal found that the deceased was earning Rs. 2,200 per month and applying the multiplier of 17, awarded a sum of Rs. 3,13,000 as compensation.3. We have heard Mr. Ajay Singh, the learned Counsel for the appellant who has assailed the finding recorded by the...
Commissioner of Trade Tax Vs. Precise Laboratories Ltd.
Court: Allahabad
Decided on: Nov-26-2001
Reported in: [2006]146STC398(All)
P.K. Jain, J.1. This revision is directed against the order dated May 24, 2000/June 12, 2000 passed by the Trade Tax Tribunal, Ghaziabad, allowing second appeal of the opposite-party granting remission with regard to the tax liability as claimed by the dealer.2. Brief facts giving rise to present revision are that the dealer was granted eligibility certificate by the Divisional Level Committee for a period of five years from March 28, 1990 to March 27, 1995. However, on March 15, 1994, the dealer made application to Tahsildar-Dadari, District-Ghaziabad, stating that unit of the dealer is situated at Plot No. A-13/2, Industrial Area, Tahsil-Dadari. A prayer was made that a certificate in this regard may be issued. Tahsildar-Dadari issued relevant certificate. On the basis of the said certificate an application dated March 28, 1994 was moved by the opposite-party for amendment in the eligibility certificate for extending the period of exemption from five years to six years. The Divisiona...
United India Insurance Co. Ltd. Vs. Bundu Ali and ors.
Court: Allahabad
Decided on: Nov-26-2001
Reported in: 2003ACJ1845
Sudhir Narain and R.B. Misra, JJ.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, awarding a sum of Rs. 1,39,500 as compensation to the claimants-respondents.2. The claim petition was filed by the claimants-respondents with the allegations that Allah Bakhsh, while going on the road on 22.10.1997, was crushed by a private bus No. PAB 8573 and he died on the same date on the spot.3. The claim petition was contested by the appellant as well as by the owner of the bus. It was denied that the accident was caused due to rash and negligent driving of the bus. Respondent No. 9 also denied that he was owner of the bus.4. The Tribunal recorded a finding that accident was caused due to rash and negligent driving of the bus and the driver had a valid licence. On assessment of evidence Claims Tribunal, awarded Rs. 1,39,500 as compensation to claimants-respondents.5. We have heard Mr. Pankaj Srivastava, learned Counsel for the appellant who has assailed the findin...
Committee of Management, Dr. Sudama Prasad Balvidya Mandir Kanya Inter ...
Court: Allahabad
Decided on: Nov-25-2001
Reported in: (2002)1UPLBEC702
Anjani Kumar, J.1. Petitioner, Committee of Management ggrieved by the order of the District Inspector of Schools, Shahjahanpur dated 4/5-10-2001 (Annexurc-6 to the writ petition) filed this writ petition under Article 226 of the Constitution of India inter alia on the ground that the District Inspector of Schools has committed the error in holding that the termination of the services of respondent No. 2 Smt. Neela Chaudhary is illegal and suffers from the prejudice and further that the District Inspector of Schools was not justified in the purported exercise of power of the Rules framed under Section 7-AA of the Act for directing that the order of termination dated 19-9-2001 passed by the Manager of the college. Annexure-3 to the writ petition, is illegal whereby the Manager has purported to terminate the services of the petitioner forthwith from the date of the passing of the order dated 19-9-2001. The case set up by the petitioner that the respondent No. 2, Smt. Neela Chaudhary was ...
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