Allahabad Court December 2002 Judgments
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Dr. S.K. Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2003(1)AWC664; (2003)1UPLBEC693
M. Katju, J.1. This writ petition has been filed against the order passed by the U. P. State Public Service Tribunal, dated 27.2.2001, Annexure-13 to the writ petition. 2. We have heard the learned counsel for the parties and have perused the impugned order. 3. The petitioner is on the post of District Health Education-cum-Information Officer in the service of the U, P. Government. The petitioner was selected by the U. P. Public Service Commission and is on the pay scale of Rs. 1.640-2,900. The petitioner and some others working on similar posts filed a claim petition before the Tribunal claiming pay scale of Rs. 2.200-4,000 and that claim petition has been rejected by the Tribunal by the impugned order dated 27.2.2001. Hence this petition. 4. In paragraph 4 of the petition, it is stated that the claim of the petitioner and others for the pay scale of Rs. 2.200-4.000 had been under the consideration of the StateGovernment for a long time. A Samta Committee was constituted by the State ...
J.S.M. Construction Co. Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2003(1)AWC712
Pradeep Kant and G.K. Gupta, JJ.1. This petition is filed by M/s. J.S. M. Construction Company through its Proprietor with the prayer for quashing the tender notice dated 14.5.2002 and for directing the respondents to finalise the tenders already submitted by the petitioner in pursuance of the tender notice dated 2,4.2002.2. Short question involved in the writ petition is that as to whether the Executive Engineer could have invited fresh tenders by means of impugned tender notice by ignoring the condition of 'pre-qualification of the contractors' as provided in para 18.4.3 of the Central Public Works Department, Manual, Volume-II.3. The Executive Engineer, Lucknow Central Division 2 of the Central Public Works Department initially invited applications from the contractors to pre-qualify for construction and electrical works for Regional Office Building for NABARD at Gomti Nagar, Lucknow, by means of invitation dated 31st May, 2001. In pursuance of the said invitation, the petitioner al...
Rajni Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2003CriLJ2062; 2003(156)ELT28(All)
ORDERP.K. Chatterji, J.1. As common question of law and fact are involved in these petitions, hence they are being disposed of by a common judgment.2. By means of these petitions, the petitioners have prayed to issue a writ, order or direction in the nature of certiorari for quashing the complaint under Section 9AA/13/19 of the Central Excise Act, 1944 and also prayed to issue a writ order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners in connection with the aforesaid case.3. The petitioners are running a Private Limited Company known as Harsingar Gutka Pvt. Ltd. and the company manufactures Harsingar Gutka Pan Masala. Petitioner No. 3 Smt. Anita Singh is the Director of the company, while her husband Sri Mahesh Singh is the Managing Director of the Company. Petitioner No. 2 Smt. Anju Singh is the sole proprietor of M/s. Anju Agencies, which is the distributing concern of the company. Petitioner No. 1 Km. Rajni is the proprietor of ...
Cannon India Pvt. Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: [2003]131STC160(All)
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the directive dated March 18, 2002, by respondent No. 1 (annexure 1 to the petition) and also to quash the circular dated March 21, 2002. The petitioner has also prayed for a certiorari to quash the orders dated March 23, 2002 (annexure 3) and the order of the Deputy Commissioner (Appeals), Trade Tax, dated July 18, 2002 (annexure 16 to the writ petition). The petitioner has further prayed for a mandamus directing the respondents to assess the turnover of the petitioner pertaining to the sales of photocopiers of the petitioner on the basis that they are electronic goods under the U.P. Trade Tax Act and the Central Sales Tax Act.2. We have heard Sri Bharatji Agarwal, learned Senior Advocate and Sri Yashwant Verma, learned counsel for the petitioner and the learned Standing Counsel for the State Government.3. The petitioner is a wholly owned subsidiary of Cannon Singapore Pvt. Ltd., incorporated under the ...
National Insurance Co. Ltd. Vs. Savitri Devi and anr.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: II(2003)ACC469; 2005ACJ508
S.P. Srivastava, J. 1. Heard the learned counsel for the insurer appellant. 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 determining an amount of Rs. 1,85,170 as compensation to which the claimants were found entitled on account of the death of Suresh Chandra, the driver of the motor vehicle owned by Harbhajan Singh.2. The Commissioner after carefully considering the evidence and the material brought on record, came to the conclusion that the driver of the motor vehicle had met his untimely death while in the course of employment. The Commissioner has further observed that although a plea had been raised that the death was really suicide and not an accident as contemplated under Section 3 of the Act but in spite of full opportunity no evidence worth the name could be led by the contestant to establish that the death was a suicide and not an accident as cont...
United India Insurance Co. Ltd. Vs. Pratap Singh and ors.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2004ACJ906
S.P. Srivastava and M.P. Singh, JJ.1. Heard the learned counsel for the insurer-appellant.The insurer-appellant feels aggrieved by the award of an amount of Rs. 2,75,560 as compensation together with simple interest at the rate of 9 per cent per annum to the claimants on account of the injuries received by claimant No. 1 Pratap Singh, who was aged about 34 years at the time of accident, causing permanent disability to the extent of 40 per cent in the accident involving the offending motor vehicle, a Matador insured by the appellant.2. The claimants had come up with the case that the offending motor vehicle by which the injured Pratap Singh was travelling, collided with a tractor in which iron rods (sariya) were loaded, causing serious injuries to the injured Pratap Singh in his eyes, forehead and head resulting in disfigurement of his face. After accident he was hospitalised in the District Hospital, Muzaffarnagar and his condition being serious was shifted to M. Prakash Nursing Home, ...
U.P. State Road Transport Corporation Vs. Sadhana Devi and ors.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: I(2003)ACC578
S.P. Srivastava, J.Heard the learned Counsel for the appellant.1. The appellant feels aggrieved by the award of an amount of Rs. 4,42,000/ - as compensation to the claimants on account of the untimely death of Sri Chetanya Swaroop, the husband of claimant No. 1 and father of claimant Nos. 2 and 3 who are minor children, aged about 35 years in the accident involving the offending motor vehicle, a Roadways Bus.2. It is not disputed that Sri Chetanya Swaroop was travelling in a Jeep which collided with Roadways Bus No. U.P. 75/7721 causing his instantaneous death. The claimants had come up with the case that the said Jeep had collided with the offending bus and Sri Chetanya Swaroop received fatal injuries and died on the spot. The deceased was getting total salary of Rs. 4,666/- per month and his basic pay was Rs. 3,200/- per month.3. The learned Counsel for the insurer-appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tr...
National Insurance Company Ltd. Vs. Ram Bahadur Sharma
Court: Allahabad
Decided on: Dec-02-2002
Reported in: I(2003)ACC609
S.P. Srivastava, J.Heard the learned Counsel for the insurer/appellant.1. The insurer-appellant feels aggrieved by the award of an amount of Rs. 1,34,150/- as compensation together with simple interest at the rate of 9% per annum to the claimant on account of the injuries received by the claimant Ram Bahadur Sharma, who was aged about 38 years at the time of accident, causing permanent disability to the extent of 40% in the accident involving the offending motor vehicle, a Gas Tanker insured by the appellant.2. The claimant had come up with the case that he met with an accident by the offending vehicle, which was coming from Auraiya side when he was standing on the Kachchi Patari of Auraiya Road causing fracture in his right leg and in spite of long treatment and expending huge amount in his treatment still he could not be recovered. He used to do the work of driving from which he was earning a sum of Rs. 3,000/- per month.3. The learned Counsel for the appellant has tried to assail th...
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