Allahabad Court May 2003 Judgments
Committee of Management, Atarra Mahavidyalaya Vs. State of U.P. and or ...
Court: Allahabad
Decided on: May-29-2003
Reported in: (2003)3UPLBEC2293
A.K. Yog, J. 1. Shri A.N. Sinha, learned Counsel for the petitioner, Committee of Management, Attarra Mahavidyalaya, Atarra, District Banda called the 'Committee of Management' through its President-Jagpat Singh; learned Standing Counsel on behalf of Respondent Nos. 1 and , Sri Ashok Khare, Senior Advocate assisted by Shri Ashok Mishra, Advocate on behalf of Dr. Nand LalShukla (who had filed an application of impleadment) as well as Ms. Sadhna Upadhyay, Advocate on behalf of S.K. Agrawal claiming to be the Joint Secretary of the Committee of Management of the College, present and heard; also perused the record of the case.2. Dr. Nand Lal Shukla and Sri S.K. Agrawal filed impleadment applications which have been rejected by separate orders of date but said persons have been allowed to be heard as contemplated under Chapter XXII, Rule 5-A, Rules of Court.3. The preliminary objection, raised by Shri Ashok Khare, Senior Advocate, on the first day of hearing of the case, that Ghan Shyam Sin...
Tag this Judgment!Ram Kumar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-29-2003
Reported in: (2003)3UPLBEC2197
Y.R. Tripathi, J.1. This writ petition involving determination of law point, with the consent of the parties, has been heard on merit.2. The petitioner, who is senior most Lecturer in M.L.M.L. Inter College, District Faizabad through this writ petition has sought for issue of a writ of certiorari, quashing thereby an order dated 11.2.2003 passed by opposite party No. 3 transferring opposite party No. 9 Principal of Gandhi Vidyalaya Inter College. Nawabganj, District Gonda as Principal of M.L.M.L. Inter College, District Faizabad as also the resolution dated 19.10.2002 passed by opposite party No. 7 giving its approval for transfer of said Uma Shanker Singh, opposite party No. 9 on the post of Principal, M.L.M.L. Inter College, District Faizabad. It has also have been prayed that a direction in the nature of mandamus commanding the opposite parties not to implement the impugned transfer order be given and the opposite parties be directed to consider the case of the petitioner and appoin...
Tag this Judgment!Xl-iit Forum and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-27-2003
Reported in: (2003)3UPLBEC2067
M. Katju J.1. In this writ petition and in a large number of other similar writ petitions listed before us the petitioners have challenged the constitutional validity of U.P. Ordinance No. 8 of 2002, Annexure-2 to the writ petition entitled 'The U.P. Regulation of Coaching Ordinance, 2002'. This Ordinance was subsequently repealed by U.P. Regulation of Coaching Act, 2002. The petitioners have also challenged the validity of the said Act by an amendment application and also of the Rules made under the said Ordinance/Act, copy of which is Armcxure-3 to the writ petition and have prayed for a mandamus restraining the respondents from enforcing the said Ordinance/Act and Rules framed thereunder.2. It is alleged in Paragraphs 3 to 6-A of the writ petition that the petitioners are institutions/societies imparting coaching for various courses as mentioned in those paragraphs.3. We have heard the learned Counsel for the parties.4. The preamble to the Act states :'An Act to provide for restrict...
Tag this Judgment!Union of India (Uoi) Through the Secretary, Ministry of Finance and Cc ...
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(88)ECC466; 2004(177)ELT71(All)
R.B. Misra, J. 1. This Writ petition has been preferred under Article 226 of the Constitution of India against the judgment and order dated 5.12.2001 passed by respondent No. 2 The Customs, Excise & Cold (Control) Appellant Tribunal, New Delhi under Section 35(c)(1) of the Central Excise Act 1945 (in short called 'Act') allowing the appeal directing both the divisions for a common central registration or transfer of the credit from distillery division to the Sugar Division by setting aside the order passed by the Commissioner Central Excise. Heard Sri Subodh Kumar, learned counsel for the petitioner as well as Sri Bharat Ji Agrawal, learned Senior Advocate alongwith Sri Piyush Agrawal, learned counsel for the respondents. 2. The facts necessary for adjudication of the present writ petition are that the appellant company has two manufacturing Divisions, one of them manufacturing Sugar and Molasses and the other manufacturing Industrial and potable Alcohol. The Sugar Division and the Che...
Tag this Judgment!Ghazipur Zila Sahkari Sangh Ltd. Vs. Industrial Tribunal (i) and anr.
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(4)AWC2647
D. P. Singh, J.1. Heard learned counsel for the petitioner and the learned standing counsel.2. This writ petition is directed against an award of the labour court dated 31.7.1980 by which the respondent workman has been granted reinstatement with full backwages.3. Brief facts shorn of details, for decision of this petition are, that the respondent workman was appointed as Assistant Salesman on 10.12.1974 by the Committee of Management of the petitioner Co-operative Society and was also confirmed on 17.12.1976. However, vide notice dated 1.11.1977 he was given a months' notice that with effect from 1.12.1977 his services would stand retrenched, and which was retrenched without any compensation or other legal dues. It was alleged that juniors were retained. The petitioner denied the allegation by saying that the workman was appointed in contemplation of the approval of the Board, but the Service Board, which is the competent authority to grant appointment, did not approve the said appoin...
Tag this Judgment!Ram Prasad Prajapati Vs. Labour Court and anr.
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(4)AWC2651; (2003)3UPLBEC2286
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. This petition arises from an award passed by the Labour Court, Allahabad, dated 23 February, 1984 in Adjudication Case No. 196 of 1981. The award was enforced by publication on the notice board under Section 6 (3) of the U. P. Industrial Disputes Act, 1947, on 28.4.1984.3. The dispute arises due to termination of the services of the petitioner on 18.12.1980 by the Company. Aggrieved by his termination the petitioner raised an industrial dispute, which was referred by the State Government in excercise of the powers under Section 4K of the Act to the Labour Court, Allahabad where it was registered as Adjudication Case No. 196 of 1981.4. The case set out by the employer was that the workman along with other worker assaulted the Chief Executive Officer of the Company. He was found responsible for riotous and disorderly behaviour and was dismissed from service after holding enquiry. It was also the case of t...
Tag this Judgment!Yogesh Chandra Rajvedi Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(4)AWC2641
Rakesh Tiwari, J. 1. Heard the learned counsel for the parties and perused the records.2. The petitioner has filed the present writ petition challenging the judgments and order dated 18.6.1983 and 15.2.1984, Annexure-3 and Annexure-4 to the writ petition passed by respondent Nos. 2 and 1 respectively. By the aforesaid order dated 18.6.1983 the Addl. City Magistrate held that :^^mHk; i{kksa ds fo}kuksa odhyksdh cgl rFkk i=koyh lk{; ds vk/kkj ij eSa bl fu'd'kZ ij igqapk gwa fdizkFkhZx.k ;ksxs'kpUnz vkfn ds fo}ku odhy dk ;g rdZ fjohtu esa ftyk tt egksn; usdksbZ LislhfQd vkns'k fn;k Fkk ftldk vuqikyu fcuk fdlh vkifk vkfn dks lqus Hkhgq;s bl U;k;ky; dk drZO; gS A ekuus ;ksX; ugha gSa A tSlk fd ekuuh; mPp U;k;ky;us vius vkns'k fnukad 27-1-83 esa Li'V dj fn;k gS A ;ksxs'kpUnz ds izkFkZuki= ds leFkZu esa dsoy blh ,d rdZ ij cy fn;k tk jgk Fkk A tks ekuuh; mPp U;k;ky;ds foLrfr ds vkns'k ds ckn fcYdqy ekuus ;ksX; ugha izrhr gksrk A vc u ;gykbZlsUlh gS okn u fdjk;s nkj gS A vkSj u lg xzgLokeh gS A...
Tag this Judgment!Regional Manager-i, S.B.i. Vs. Vidya Prakash Bajpai and anr.
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(4)AWC2663
D. P. Singh, J.1. Heard learned counsel for the parties.2. This writ petition is directed against an award of the Industrial Tribunal dated 12th March, 1986, by which the workman has been reinstated with full back wages.3. Brief facts for the decision of this petition are that the respondent workman a permanent employee of the petitioner bank, while he was working as permanent messenger two instruments with railway receipts were received in the main branch, they were found missing. On enquiry, it was revealed that the delivery of the consignments (the fiscal instruments) had been taken by some one after making forged endorsement. The petitioner bank lodged two first information report on 24th July, 1976 and 19th July, 1976 and on investigation, the police arrested the workman on 6.8.1976 and, therefore, he was placed under suspension. On further investigation by the police it was revealed that delivery of consignment was taken by one Rajendra Prasad, the real brother of the workman, ap...
Tag this Judgment!Smt. Manju Lata Sharma Vs. Vinay Kumar Dubey
Court: Allahabad
Decided on: May-23-2003
Reported in: AIR2004All92; 2003(4)AWC2758
Yatindra Singh, J.1. How should a deed or a compromise decree be interpreted? Under what circumstances, does a decree become inexecutable? These are few questions involved in this case.FACTS 2. Sri Vijai Kumar Dubey (the respondent) is an Engineer and is working with a private company. Smt. Manju Lata Sharma (the appellant) is a Lecturer in the Government Degree College, Anwalkhera, Agra. They were married on 29.6.1990. The marriage fell apart as soon as they were married. The husband filed a divorce petition on 19.3.1991 on the ground of cruelty, adultery and fraud under Section 13 of the Hindu Marriage Act (the Act). He further prayed for return of jewellery worth more than three lacs. The appellant filed her written statement denying plaint allegations. She also gave birth to a daughter during pendency of divorce petition on 5.5.1991. This case was ordered to proceed ex-parte on 28.10.1996. The appellant filed an application to recall this order. It was dismissed on 21.11.1996 and d...
Tag this Judgment!Vibhuti Prasad Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-23-2003
Reported in: 2003(4)AWC2994
R.B. Misra, J.1. Heard Sri Rajesh Nath Tripathi and Ekta Kaur, learned counsel for the petitioner as well as learned counsel for the respondents.2. In this petition prayer has been made for issuance of writ of certiorari to quash the order dated 7.4.2000, passed by respondent No. 2 Inspector General of Police, Lucknow Zone, Lucknow and order dated 8th November, 1989, passed by respondent No. 3 Deputy Inspector General of Police, Lucknow Zone, Lucknow. Further prayer has been made for writ of mandamus commanding the respondents to treat the petitioner in continuous service even after 8th November, 1989 and to pay full salary to the petitioner. Further prayer has also been made for seeking direction to the respondents to pay the difference of salary for the period between 6th October, 1987 till 8th November, 1989 and for payment of the interest at the rate of 24% on the arrears of salary and the difference of salary unpaid to the petitioner.3. Brief facts necessary for adjudication of th...
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