Allahabad Court December 2003 Judgments
incan Mutual Fund Benefit Ltd. Vs. Incan Employees Welfare Association
Court: Allahabad
Decided on: Dec-19-2003
Reported in: [2006]129CompCas977(All); [2004]51SCL438(All)
1. These are the two sets of Company Appeals. In one set of Company Appeals consisting of Appeal Nos. 1 to 21 of 2003 challenge has been made to the order passed by the Company Judge dated 15-1-2003 allowing all the Company Petitions, namely, 21 in number by winding-up the Company M/s. Incan Mutual Fund Benefit Ltd. under Section 433(e) of the Companies Act. The Official liquidator has also been appointed as Liquidator of the Company. He was directed to proceed immediately to exercise power under Section 457 of the Companies Act, allowing him to take into his custody all the movable and immovable properties, including the cash in custody with the District Magistrate, Rai Bareilly under Section 456(1) of the Act. The official liquidator has been directed to submit the statement of accounts and other necessary statements, within three months, and also to chalk out a plan for repayment of the creditors' dues in a just and reasonable manner. Further direction has been issued that Director,...
Tag this Judgment!Shanti Prasad Singh Vs. Joint Director of Education, Allahabad Region ...
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2004(2)AWC1238; (2004)2UPLBEC1711
Janardan Sahal, J.1. In Sardar Patel Inter College, Slkaro, Koraon, district Allahabad, there are five sanctioned posts of Lecturers one each in the subjects of History, Hindi, Sanskrit, Sociology and Economics. The petitioner was appointed as L.T. Grade teacher on 8.7.1973. He obtained his Masters Degree in History in 1996. A vacancy on the post of Lecturer in History arose on the retirement of Doodh Nath Verma. He retired on 30.6.2000 and as such the substantive vacancy arose on 1.7.2000. The petitioner alleges that he is the seniormost teacher in the L. T. grade in the institution, qualified to teach History and was entitled to promotion under the 50% quota for promotion. His grievance is that the 4th respondent Awadhesh Kumar Singh who is a Lecturer in another college namely the Puwayan Inter College, Puwayan, Shahjahanpur is being transferred to Sardar Patel Inter College, Sikaro, Koraon, district Allahabad to fill up the post of Lecturer History which is illegal as the post has t...
Tag this Judgment!Devendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2004(2)AWC1152
N.K. Mehrotra, J.1. This is a writ petition for issuing a writ of certiorari quashing the order dated 30.9.2003, passed by the Joint Director of Education, Faizabad Region and to remand the matter before the Joint Director of Education for decision on question of petitioner's grievance of regularisation and seniority in lecturers grade of Ram Charana Inter College, Ghatauli, Post Ghatauli, district Faizabad and for a writ of mandamus commanding the Joint Director of Education to consider the petitioner's grievance of regularisation and seniority in lecturers grade of Ram Charana Inter College, Ghatauli, district Faizabad.2. Heard the learned counsel for the petitioner and the opposite parties 1, 2, 5 and 7. No counter-affidavit has been filed and the learned counsel for the opposite parties have no objection if the permission for remand of the matter is allowed.3. The grievance of the petitioner is that for his regularisation which has not been done by the opposite parties. There is al...
Tag this Judgment!Ram Sanehi Pandey Vs. U.P. Rajya Vidyut Parishad and ors.
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2004(2)AWC1211
R. B. Misra, J.1. In this petition prayer has been made to quash the order dated 31.12.1997 passed by the Executive Engineer/respondent No. 4 communicating the petitioner's retirement after completing the age of 58 years, i.e., age of superannuation on 31.12.1997 by taking the date of birth 1.1.1940 of the petitioner as entered Into service book.2. Heard Sri Radhey Shyam, learned counsel for the petitioner and Sri Ranjit Saxena, learned counsel for the respondents.3. The facts necessary for adjudication of the writ petition are that the petitioner was not High School pass, however, he was appointed to the post of Pump Attendant on 30.9.1961 and on the basis of his physical examination made by the Chief Medical Officer the age of the petitioner on 8.10.1961 was estimated 21 years. On the basis of that certificate the entry of 1.1.1940 originally entered into service book, verified by the petitioner and competent authority, was erased and 8.10.1940 was recorded into service book. It appe...
Tag this Judgment!Committee of Management, Sri Ram Model Inter College and anr. Vs. Stat ...
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2004(2)AWC1245; [2004(101)FLR24]
R. K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the Committee of Management, Sri Ram Model Inter College, Thora, district Gautam Buddh Nagar seeks a writ, order or direction in the nature of certiorari quashing the order dated 4th December, 2003 passed by the District Inspector of Schools, Gautam Buddh Nagar, respondent No. 2, filed as Annexure-15 to the writ petition, and other consequential reliefs.2. Briefly stated, the facts giving rise to the present petition are as follows :In the district of Gautam Buddh Nagar, there is a College, known as Sri Ram Model Inter College, Thora. It is a recognised Intermediate College and is also aided one. The respondent No. 4, Krishna Kumar, is the Principal of the College. The committee of management in Its meeting held on 19th October, 2003 passed a resolution to place respondent No. 4 under suspension. Consequently, the Manager, vide order of the same date, placed the respondent No...
Tag this Judgment!U.P. Power Corporation Ltd. Vs. Yogendra Kumar and anr.
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2004(2)AWC1775
Rakesh Tiwari, J.1. This writ petition is directed against the impugned award dated 14.2.2000 passed by the Labour Court, U.P., Agra, in Adjudication Case No. 120 of 1997 directing the petitioner to regularize respondent No. 1 in service from the date of reference, i.e., 2,9.1997 and pay him Rs. 5,000 as damages and also give him promotion since 31.12.1979, the date on which he was alleged to have been terminated with all the consequential benefits.2. The State of U.P. made the following reference to the Labour Court, U.P., Agra for adjudication of dispute :^^D;k lsok;kstdksa }kjk vius Jfed;ksxsUnz dqekj iq= Jh jes'k pUnz dh lsok,a fnukad 31-12-1979 ls lekIr fd;k tkukmfpr ,oa oS/kkfud gS ;fn ugha rks lacaf/kr Jfed fdl ykHk mi'ke@{kfriwfrZ ikusdk vf/kdkjh gS A vkSj fdl fooj.k lfgr 3. The case of the respondent-workman in his written statement filed before the Labour Court was that he was taken in service on 24.3.1977 as a daily wage coolie and he worked as such upto 31.12.1979. On 31.12...
Tag this Judgment!Sandeep Kumar Vs. Madhyamik Shiksha Parishad and ors.
Court: Allahabad
Decided on: Dec-19-2003
Reported in: (2004)1UPLBEC1014
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner appeared in High School Examination conducted by the Board of High School and Intermediate Education, U. P., Allahabad in the year 1991 with Roll No. 0935203. He passed the said examination as a regular student from Sri Krishna Inter College, Semara, Katkuian District Deoria. The Board through the college gave High School Pass Certificate to him on 30.8.1991.3. He has sought a writ of mandamus commanding the respondents to issue his High School Certificate after rectifying the mistake in his date of birth as 7.5.1977 instead of 7.5.1975 and spelling of his name as 'Sandeep Kumar' in place of Sadeep Kumar.4. The mistake in the date of birth and spelling of the name of the petitioner was detected in the certificate after it was received in the College. The Principal of the College sent a letter dated 29.8.1991 for correction of date of birth of the petitioner as 7.5.1977 in place of 7.5.1975 a...
Tag this Judgment!Lalit Kumar Dixit and anr. Vs. State of U.P. Through Secretary, Depart ...
Court: Allahabad
Decided on: Dec-19-2003
Reported in: (2004)1UPLBEC754
R. B. Misra, J.1. In this petition prayer has been made for issuance of writ of mandamus directing the respondents to consider the names of the petitioners for appointment to the post of Assistant Teacher in Primary Schools of rural area in District Mampuri run by the Board of Education, U.P., in view of the advertisement dated 5.1.1999.2. Heard Sri Arvind Srivastava, learned Counsel for the petitioners and Shri P.K. Sharma, learned Counsel for the respondents and learned Standing Counsel for the State of U.P.3. It appears that an advertisement dated 5.1.1999, was published for appointment to the post of Assistant Teacher in Primary Schools under Basic Education Board, U.P., Allahabad, where the prescribed educational qualification and training was to be held by the candidate along with holding the Basic Teacher Certificate, Hindustani Teacher Certificate, Junior Teachers Certificate and Intermediate Education from U.P. High School and Intermediate Education Board or any qualification ...
Tag this Judgment!U.P. Sunni Central Waqf Board Vs. District Judge
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2005(1)ARC675
S.U. Khan, J.1. A suit being S.C.C. Suit No. 4 of 1973 was filed on behalf of Managing Committee of Masjid Nawab Sahab Kha and its Secretary (respondent Nos. 4 and 5 in the instant writ petition) against Mohd, Anwar (respondent No. 6 in the instant writ petition). In the said suit plaintiffs claimed themselves to be owner landlord of the shop in dispute and described Mohd. Anwar the defendant of the said suit as their tenant in the shop in dispute. The said suit was decreed as ex-parte on 4.5.1973. Thereafter, Abdul Rashid Lutfi (respondent No. 3 in the instant writ petition) filed regular suit being O.S. No. 176 of 1973 before Civil Judge, Bulandshahr against plaintiffs and defendant of the earlier suit and Mohd. Yameen and Abdul Hamid (respondents No. 6 and 7 in the instant writ petition) standing therein that he along with Abdul Hamid, defendant No. 5 of the said suit (respondent No. 7 in the instant petition) was owner of the shop in dispute and Mohd. Yameen defendant No. 4 of the ...
Tag this Judgment!Jupiter Chit and Fund (P.) Ltd. Vs. Iind Addl. Civil Judge and ors.
Court: Allahabad
Decided on: Dec-19-2003
Reported in: 2005(2)AWC2090
Janardan Sahai, J.1. The petitioner is a company engaged in the business of Chit Fund. The petitioner's case is that respondent No. 3 C.P.L. Rai Ramanand was a subscriber of the Chit Fund Scheme of the petitioner and on 8.6.1965 obtained the Chit amount and entered into another agreement containing an arbitration clause. According to the petitioner the subscriber respondent No. 3 stopped paying the monthly instalment and a dispute having arisen a reference was made by the petitioner, to a named arbitrator on 25.10.1965. The arbitrator gave his award on 28.12.1965. The award was set aside by the Court on 9.8.1974 on the ground that it was given on a unilateral reference made by the petitioner. The petitioner then invoked provisions of Section 20 of the Arbitration Act, 1940 by filing an applicated dated 27.9.1974, seeking intervention of the Court. The Munsif, Kanpur dismissed the application under Section 20 by his order dated 22.8.1977 on the ground that it was filed beyond the period...
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