Allahabad Court November 2002 Judgments
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United India Insurance Co. Ltd. Vs. Rehana Parveen and ors.
Court: Allahabad
Decided on: Nov-14-2002
Reported in: I(2003)ACC543; III(2003)ACC245; 2003ACJ1910; 2003(1)AWC437
S.P. Srivastava and M.P. Singh, JJ. 1. Heard the learned counsel for the appellant. 2. The appellant feels aggrieved by the award of an amount of Rs. 1,89,500 as just compensation to which the claimants were found entitled to on account of the untimely death of Sadat All in the accident involving the offending motor vehicle which was insured with the present appellant. 3. The Tribunal has found that the deceased was a young man, aged about 25 years and his income at the time of accident was Rs. 15,000 per annum which was notional income contemplated under the schedule to Section 163A of the Motor Vehicles Act. 4. The learned counsel for the appellant has tried to assail the findings returned against it by the Tribunal but could not demonstrate that these findings can be taken to be suffering from any such legal infirmity which may justify interference by this Court. 5. The aforesaid findings are amply supported and warranted by the evidence and materials brought on record. The learned ...
West U.P. Sugar Mills Association and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(1)AWC194
M. Katju and Rakesh Tiwari, JJ. 1. Heard learned counsel for the parties.2. The respondents may file counter-affidavit within 3 weeks. List thereafter.3. The petitioners have prayed that the State Government be restrained from announcing any State Advised Cane Price for fixing the Statutory Minimum Cane Price.4. It has been held by a Division Bench of this Court in C.M.W.P. No. 36889 of 1996, West U. P. Sugar Mills Association and Ors. v. State of U. P. and Ors., decided on 11.12.1996, copy of which is Annexure-3 to the writ petition, that the State Advised Cane Price is illegal for two reasons (I) the minimum cane price can only be fixed by the Central Government as is evident from Clause 3 of the U. P. Sugarcane (Control) Order, 1966 and not by any other authority and (2) there is no statutory provision permitting the State Government to fix the State Advised Cane Price.5. Against the aforesaid judgment, an appeal was filed before the Supreme Court and the Supreme Court passed an int...
U.P. State Road Transport Corporation Vs. Presiding Officer, Labour Co ...
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(1)AWC372
A.K. Yog, J.1. List has been revised. No one appears on behalf of the petitioner. Sri. R.N. Tripathi, advocate learned counsel appearing on behalf of respondent No. 2 is present.2. Name of two counsel are shown in the cause list of Tuesday-November 11, 2002 viz., Sarvshri V.P. Mathur and V.K. Singh. The Bench Secretary Informed that Sri V. K. Singh has sent illness slip for both dates. namely, 11.11.2002/ 13.11.2002.3. Sri R.N. Tripathi, advocate appearing on behalf of contesting respondent pointed out that the petitioner is guilty of concealing relevant and material facts, as mentioned in para 3 of the counter-affidavit, filed on behalf of respondent No. 2, which reads :'3. That the averments made in paragraph 1 of the writ petition is not correct, hence denied it is stated in reply that the award dated 15.2.1997, was already challenged before this Hon'ble Court by filing the Civil Misc. Writ Petition No. 21304 of 1998 for its implementation and rest part of the award with regard to 1...
Shobh Nath Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(1)AWC511
R.K. Agrawal, J. 1. The present special appeal has been filed against the judgment and order dated 13.7.2000 passed by the learned single Judge, whereby the writ petition filed by the appellant-writ petitioner has been dismissed. 2. Briefly stated, the facts giving rise to the present appeal are that a post of lecturer in English in Indira Gandhi Intermediate College, Jamah, Mauaima, district Allahabad, (hereinafter referred to as the Institution) was sanctioned on 11.12.1981 by the State Government. One Shri R. P. Ojha was appointed as an ad hoc lecturer under the provisions of Second Removal of Difficulties Order. 1981. The Committee of Management of the Institution intimated the vacancy tothe U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) as provided under Section 18 of the U. P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as the Act). The Commission advertised the post in question in the newspapers on 1...
United India Insurance Co. Ltd. Vs. Laloo Kashyap and anr.
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2004ACJ1380; 2003(1)AWC632
S.P. Srivastava, J.1. Heard the learned counsel for the appellant as well as learned counsel representing the claimant respondent.2. The insurer appellant has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, feeling aggrieved by the award of the Workmen Compensation Commissioner, Shahjahanpur holding that the respondent workman was entitled to an amount of Rs. 2,36,866.72 p. as compensation on account of the injuries suffered and the permanent disability incurred in the accident which had taken place during the course of his employment. The Commissioner has provided for a simple interest at the rate of 12% p.a. on the amount of compensation.3. The learned counsel for the insurer appellant has, in support of this appeal, urged that the respondent claimant could not be taken to be a 'workman' as contemplated under the provisions of the Workmen's Compensation Act. 1923 and in that view of the matter, no liability for the payment of the amount in question can be ...
Laloo Kashyap Vs. J.K. Chemicals and Fertilizers Factory and anr.
Court: Allahabad
Decided on: Nov-13-2002
Reported in: [2003(96)FLR436]; (2003)IILLJ66All
S.P. Srivastava, J.1. Heard the learned counsel for the appellant as well as learned counsel representing the claimant respondent.2. The insurer appellant has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, feeling aggrieved by the award of the Workmen's Compensation Commissioner, Shahjahanpur holding that the respondent workman was entitled to an amount of Rs. 2,36,866.72p. as compensation on account of the injuries suffered and the permanent disability incurred in the accident which had taken place during the course of his employment. The Commissioner has provided for a simple interest at the rate of 12% p.a. on the amount of compensation.3. The learned counsel for the insurer appellant has, in support of this appeal, urged that the respondent claimant could not be taken to be a 'workman' as contemplated under the provisions of the Workmen's Compensation Act, 1923 and in that view of the matter, no liability for the payment of the amount in question can be...
Raghvendra Singh Rathore Vs. Managing Director, Punjab National Bank a ...
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(2)AWC1064
S.N. Srivastava, J. 1. By means of the present petition, the petitioner has canvassed the validity of the order dated 2.3.2000 contained in Annexure-1 to the petition thereby refusing to appoint the petitioner on compassionate ground under the Rules. 2. The matrix of the facts is that Rajendra Singh Rathore, who held the post of Head Cashier in Punjab National Bank of Branch District Mainpuri, was spirited away by death on 11.5.1998. After the death of aforestated Rajendra Singh Rathore, mother of the petitioner moved an application on 22.6.1998 praying for giving appointment to the petitioner (the eldest son of the deceased) on compassionate grounds. According to the allegations in the writ petition, the petitioner was called for interview for the post of Peon which was held on 10.5.1999 but subsequently, a communication was received by means of letter dated 2.3.2000 thereby declining appointment to the petitioner on compassionate ground. 3. To begin with, learned counsel for the peti...
Rajaram (D.) Through L.Rs. Vs. Deputy Director of Consolidation and or ...
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(3)AWC2188
R. H. Zaidi, J.1. Heard learned counsel for the parties and also perused the record of the case. 2. By means of this petition filed under Article 226 of the Constitution of India, petitioner (since deceased) prayed for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 30.7.1988 passed by the Deputy Director of Consolidation, Jaunpur in the proceedings under Section 20/21 of the U. P. Consolidation of Holdings Act (for short 'the Act'). 3. The relevant facts of the case giving rise to present petition, in brief, are that respondent Nos, 2 to 6 who were chak-holders of Chak Nos. 38, 39 and 40, filed objections before the Consolidation Officer on receipt of provisional consolidation scheme regarding valuation of the land allotted to them in their chaks. It was claimed that the valuation of the land allotted to them was more than as prescribed under the rules. Therefore, they have prayed that the valuation of the land allotted to them should be red...
JamiluddIn Vs. Secretary, Board of High School and Intermediate and or ...
Court: Allahabad
Decided on: Nov-13-2002
Reported in: 2003(3)AWC2191; (2003)1UPLBEC691
A. K. Yog, J.1. One Sri Jamiluddin, claiming to be the Manager of the Managing Committee of Saghir Fatima Mohammadia Girls Inter College, Agra, has filed the present petition against the impugned order dated 18.3.1998 passed by Secretary, Board of High School and Intermediate, Allahabad, whereby the representation of the petitioner for continuing self centre of the said institution has been rejected. The petitioner has not filed copy of the relevant Government order, referred to in the impugned order for perusal of the Court. 2. On the other hand, the Government order, referred to in the impugned order, however, goes to show that there was absolute direction for having self centre for girls' institution for holding Board examination.3. The impugned order further shows that District Level Committees were formed for finalising the list of centres for conducting Board examinations and the said District Level Committee at Agra had not assigned any centre for the students of the above menti...
United India Insurance Co. Ltd. Vs. Lallu Kashyap
Court: Allahabad
Decided on: Nov-13-2002
Reported in: II(2003)ACC546
S.P. Srivastava, J.1. Heard the learned Counsel for the appellant as well as earned Counsel representing the claimant respondent.2. The insurer appellant has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, feeling aggrieved by the award of the Workmen's Compensation Commissioner, Shahjahanpur holding that the respondent workman was entitled to an amount of Rs. 2,36,866.72 p. as compensation on account of the injuries suffered and the permanent disability incurred in the accident which had taken place during the course of his employment. The Commissioner has provided for a simple interest at the rate of 2% p.a. on the amount of compensation.3. The learned Counsel for the insurer appellant has, in support of this appeal, urged that the respondent claimant could not be taken to be a 'workman' as interpolated under the provisions of the Workmen's Compensation Act, 1923 id in that view of the matter, no liability for the payment of the amount in question can be s...
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