Allahabad Court December 2002 Judgments
Raj Nath Pandey Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Dec-16-2002
Reported in: 2003CriLJ2052
Vishnu Sahai, J. 1. Through this writ petition preferred under Article 226 of the Constitution of India the petitioner-detenu Raj Nath Pandey has impugned the order dated 16-7-2002, passed by the first respondent -- Mr. Alok Kumar, District Magistrate, Faizabad, detaining him under Section 3(2) of The National Security Act.The detention order, along with the grounds of detention, which are also dated 16-7-2002, was served on the petitioner -detenu on 16-7-2002 itself and their true copies are annexed as annexures 1 and 2 respectively to the writ petition.2. The prejudicial activities of the petitioner-detenu impelling the first respondent to pass the impugned detention order against him are contained in the grounds of detention (Annexure 2), a perusal of which shows that the impugned order is founded on a solitary crime number (Cr.), namely, Cr. No. 263/2002 under Sections 147/148/149/307/302/504 IPC of Police Station Poora Kalandar, District Faizabad registered on the basis of a compl...
Tag this Judgment!Sunil Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-16-2002
Reported in: 2003(3)AWC2224; (2003)1UPLBEC489
S. N. Srivastava, J.1. The short question that looms large in this petition is whether the services of dependent of a Government servant dying-in-harness could be dispensed with as a sequel to the directions contained in the Government order dated 2.5.2002. 2. Matrix of the necessary facts is that petitioner's father, namely, late Hari Prakash, who had been serving as Safai Karamchari in the Nagar Nigam, Ghaziabad, died on 28.2,2001. Thereafter, petitioner applied for compassionate appointment and consequently, he was offered appointment on the vacant post held by his father though on daily wage basis vide order dated 3.7,2001 and was attached to Health Department of the Nagar Nigam. It would transpire from the record that State Government issued Government order dated 2nd May, 2002, addressed to Mukhya Nagar Adhikari, Nagar Nigam, Gorakhpur, the text of which was that the benefit of dying-in-harness rules would not be applicable to daily wage employees and as such appointment under dy...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ramesh Kumar Sachdeva and anr.
Court: Allahabad
Decided on: Dec-16-2002
Reported in: II(2003)ACC38; 2004ACJ1757
Srivastava and Singh, JJ. 1. Heard the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 6,96,406 as compensation to the claimant on account of his having suffered multiple injuries resulting in permanent disability to the extent of 58.5 per cent in the accident involving the offending motor vehicle, a Tata Sumo bearing registration No. UP 15-F 2250.2. The claimant had come up with the case that on 25.2.2001 at about 7.15 a.m. when he was travelling by the offending vehicle, which was being driven rashly and negligently, it dashed against the tree causing serious injuries to the claimant including the fracture in his left hip bone. The claimant further claims that he was a Medical Officer in Sugar Mill, Sakauti and getting a salary of Rs. 13,313 per month. After accident he was admitted in Bara-banki, Lucknow and Meerut hospitals where his permanent disability was found to the extent of 58.5 per cent.3. The learned counsel...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Shibhu Bai and ors.
Court: Allahabad
Decided on: Dec-16-2002
Reported in: 2004ACJ971
S.P. Srivastava, J.1. Heard the learned counsel for the insurer appellant.The insurer appellant feels aggrieved by the award of an amount of Rs. 2,02,000 as compensation to the claimant on account of the untimely death of Bante alias Om Prakash, son of the claimant-respondent No. 1, aged about 23 years in the accident involving the offending motor vehicle, a bus bearing registration No. UPT 4489.2. The claimant had come up with a case that on 6.6.2000 Bante alias Om Prakash, who was travelling by the aforesaid vehicle, died due to electric shock while he was loading some bundles of vegetables on to the roof of the offending bus. The claimant further claimed that at the time of accident the deceased was earning a sum of Rs. 3,000 per month from the business by selling vegetables, etc.3. The learned counsel for the appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.4. In this connection it may be not...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Smt. Shibhu Bai and ors.
Court: Allahabad
Decided on: Dec-16-2002
Reported in: II(2003)ACC237
S.P. Srivastava, J.1. Heard the learned Counsel for the insurer appellant.The insurer appellant feels aggrieved by the award of an amount of Rs. 2,02,000/- as compensation to the claimant on account of the untimely death of Sri Bante @ Om Prakash, the son of the claimant respondent No. 1, aged about 23 years in the accident involving the offending motor vehicle, a bus bearing registration No. UPT 4489.2. The claimant had come up with a case that on 6.6.2000 Sri Bante @ Om Prakash, who was travelling by the aforesaid vehicle, died due to electric shock while he was loading some bundles of vegetables on the roof of the offending bus. The claimant further claimed that at the time of accident the deceased was earning a sum of Rs. 3,000/- per month from the business by selling vegetables etc.3. The learned Counsel for the appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.4. In this connection it may be...
Tag this Judgment!Rahman Siddiqui Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-2002
Reported in: 2003(1)AWC426; (2003)1UPLBEC416
G.P. Mathur, J. 1. This petition under Article 226 of the Constitution has been filed praying that the order dated 1.2.2001 of Collector, Allahabad and the award dated 5.2.2001 of Special Land Acquisition Officer be quashed. A further prayerhas been made that a writ of mandamus be Issued commanding the Special Land Acquisition Officer to pay compensation on the basis of award dated 11.10.2000. 2. Some land situate in villages Shaha alias Peepal Gawn. Jhalwa, Harwara, Deoghat, Pargana Chail, district Allahabad, was acquired for a public purpose, namely, for establishment of residential colony under a planned development scheme by the Allahabad Development Authority (hereinafter referred to as the Authority). The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U. P. Gazette on 23.2.1991 and the notification under Section 6 of the Act was published in the Gazette on 31.12.1991. It was recited in both the notifications...
Tag this Judgment!Committee of Management, S.D.P.G. College Vs. V.B.S. Purvanchal Univer ...
Court: Allahabad
Decided on: Dec-13-2002
Reported in: 2003(1)AWC462; (2003)1UPLBEC462
Ashok Bhushan, J.1. We have heard Sri Ashok Khare, senior advocate assisted by Sri J.P. Singh for the appellant, Dr. R.G. Padia, senior advocate assisted by Sri R. N. Yadav for respondent Nos. 3 and 4 and Sri Anil Tiwari for respondent Nos. 1 and 2.2. By this special appeal, appellant has prayed for quashing the judgment dated 27th November, 2002 passed by learned single Judge in Writ Petition No. 45067 of 2002 filed by respondent Nos. 3 and 4.3. Brief facts giving rise to this special appeal are ; Sri Durgaji Post Graduate College, Chandeshwar, Azamgarh is a college affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur. Late Sri Chandrabali Shastri Brahmchari executed a registered trust deed on 5th December, 1962, creating a Trust to run and manage Durgaji Post Graduate College. A Society was also registered on 30th September, 1964 under Societies Registration Act, 1860. On 16th September, 1997, trust deed was amended and a Will deed in favour of one Sri Phool Chandra Singh ...
Tag this Judgment!Kailash Chand Singhal Vs. Sri Krishna Janam Asthan
Court: Allahabad
Decided on: Dec-13-2002
Reported in: 2003(1)AWC491
S.P. Srivastava, J.1. Heard the learned counsel for the parties.2. Perused the record,3. The tenant-defendant-revisionist has approached this Court by means of the present revision invoking the jurisdiction envisaged under Section 25 of the Provincial Small Cause Courts Act, 1887, seeking redress praying for the setting aside of the decree passed in favour of the plaintiff for the eviction of the tenant-revisionist from the premises in dispute with a further direction that subject to the payment of the court fee on the execution side, the plaintiff will be entitled to adjust the amount deposited by the defendant in Court towards the payment of rent and will also be entitled to damages for use and occupation @ Rs. 500 per month till the recovery of possession.4. The facts in brief shorn of details and necessary for the disposal of this revision lie in a narrow compass.5. The plaintiff-respondent had filed the suit giving rise to this revision alleging that the accommodation/building whi...
Tag this Judgment!Mahendra NaraIn Singh and anr. Vs. Varanasi Development Authority and ...
Court: Allahabad
Decided on: Dec-13-2002
Reported in: 2003(1)AWC445; (2003)1UPLBEC406
S.P. Srivastava and D.R. Chaudhary, JJ. 1. Heard Sri V.K. Goel for the petitioners and Sri V.B. Singh, learned senior counsel assisted by Sri Atul Mehra for the respondent Nos. 1, 2 and 4. 2. The petitioners feel aggrieved by an order passed by the Vice-chairman of the Varanasi Development Authority, Varanasi, dated 18.11.2002 communicated on 20.11.2002, whereby the Zonal Officer has been directed to initiate immediate action for demolition of the constructions in dispute, recalling the permission sanctioning the building plan which had been granted on 27.7.1995. 3. Learned counsel for the respondents has urged that since the petitioners have an efficacious statutory alternative remedy of appeal available to them for the redressal of their grievances as envisaged under Section 27 of the U. P. Urban Planning and Development Act, 1973, which remedy has not yet been availed of by them, they deserve to be relegated to the alternative remedy for the redressal of their grievances. 4. Learned...
Tag this Judgment!Ram Prasad Vs. Central Administrative Tribunal and ors.
Court: Allahabad
Decided on: Dec-13-2002
Reported in: 2003(1)AWC498; [2003(96)FLR306]; (2003)ILLJ945All
M. Katju and Yatindra Singh, JJ.1. We have heard learned counsel for the parties.2. This writ petition has been filed against the impugned order of the Central Administrative Tribunal, Allahabad dated 24.12.1997, Annexure-7 to the writ petition. It appears that the petitioner was a senior Store Keeper in the Central Ordinance Depot, Agra and was suspended on 8.8.1986 and charge-sheeted. After disciplinary proceedings, he was removed from service vide order dated 10.7.1988. His appeal and revision were rejected by the authorities. The petitioner filed O.A. No. 105 of 1990 which was dismissed by the Central Administrative Tribunal on 23.1.1996. The petitioner then went up to the Supreme Court which passed an order, copy of which is Annexure-5 to the writ petition. The Supreme Court was of the view that the petitioner should approach the appellate authority for reconsideration of the quantum of punishment.3. The appellate authority rejected the petitioner's application vide order, dated 2...
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