Allahabad Court May 2003 Judgments
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indrawati Devi and ors. Vs. Samrendra Tiwari and ors.
Court: Allahabad
Decided on: May-05-2003
Reported in: 2004ACJ1459
S.P. Srivastava, J.1. Heard the learned counsel for the insurer appellant.The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 4,15,280 determined as just compensation to which the dependants of the deceased Satya Narain Sharma were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a jeep which was insured by the present appellant covering the risk.2. The Motor Accidents Claims Tribunal vide the impugned judgment and award after carefully considering the evidence brought on record by the parties, had come to the conclusion that on the date of the death Satya Narain Sharma was aged about 39 years and was getting a salary of Rs. 3,394 per month. The accident in which Satya Narain Sharma had received the fatal injuries was caused on account of rash and negligent driving of the bus. The Tribunal had utilized the multiplier of 15 while calculating the a...
Union of India (Uoi) and anr. Vs. Sanohar and anr.
Court: Allahabad
Decided on: May-05-2003
Reported in: (2003)2UPLBEC1516
B.S. Chauhan, J.1. This writ petition has been filed against the judgment and order of the Central Administrative Tribunal, Allahabad, dated 29th January, 2003, by which the claim of the respondent No. 1 has been accepted and the order of acceptance of his application for voluntary retirement has been quashed.2. Facts are not in dispute. Respondent No. 1 employee, made an application on 8.6.2000 for voluntary retirement w.e.f., 20.6.2000. It was accepted by the authorities on 13th June, 2000. However, prior to 20th June, 2000, application for withdrawal was filed and it was received by the petitioner employer, but the said application was rejected vide order dated 24th June, 2000. Feeling aggrieved he filed an application before the Tribunal on 30th September, 2000, which has been accepted. Hence, this petition.3. Learned Counsel for the petitioner has submitted that once the application of voluntary retirement has been filed and an order of its acceptance had been passed there was no ...
Commissioner, Trade Tax Vs. Rathi Ispat Ltd.
Court: Allahabad
Decided on: May-05-2003
Reported in: [2004]138STC470(All)
Prakash Krishna, J.1. This revision is directed against the order dated August 18, 1995 passed by the Trade Tax Tribunal, Bench II, Ghaziabad, in Second Appeal No. 29 of 1995 for the assessment year 1987-88.2. The assessee opposite party is a recognition certificate holder and was authorised to purchase raw material under section 4B of the U.P. Trade Tax Act, 1948. The penalty proceedings under section 4-B(5) of the Act were initiated by the department on the plea that the dealer after making purchases on concessional rate against form III-B got the goods manufactured by other agency on job-work basis. The Assessing Officer imposed penalty by the order dated February 21, 1994, which was confirmed in appeal by the Deputy Commissioner (Appeals). The Tribunal by the order under revision has set aside the penalty order.3. Heard Sri Bipin Kumar Pandey, learned Standing Counsel for the Department and Sri Piyush Agarwal for the opposite party.4. It was contended on behalf of the department th...
Oriental Insurance Company Limited Vs. Indrawati Devi and ors.
Court: Allahabad
Decided on: May-05-2003
Reported in: II(2003)ACC608
S.P. Srivastava, J.1. Heard the learned Counsel for the Insurer-appellant.The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 4,15,280/- determined as just compensation to which the dependents of the deceased Satya Narain Sharma were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a Jeep which was insured by the present appellant covering the risk.2. The Motor Accident Claims Tribunal vide the impugned judgment and award after carefully considering the evidence brought on record by the parties, had come to the conclusion that on the date of the death Satya Narain Sharma was aged about 39 years and was getting a salary of Rs. 3,394/- per month. The accident in which Satya Narain Sharma had received the fatal injuries was caused on account of rash and negligent driving of the bus. The Tribunal had utilized the multiplier of 15 while calculating th...
Kamrup Industrial Gases Limited Vs. Cegat and ors.
Court: Allahabad
Decided on: May-02-2003
Reported in: 2003(89)ECC370; 2004(172)ELT454(All)
Prakash Krishna, J.1. This writ petition has been filed for quashing the order dated 2.8.2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, respondent No. 1.2. The petitioner is engaged in the manufacture of goods falling under Chapters 28, 29 and 84 of the Central Excise Tariff Act, 1985. It appears that the petitioner approached the Tribunal against the order passed by the Commissioner (Appeals) Allahabad. Under Section 35F of the Central Excise Act, the petitioner applied for grant of waiver to deposit the disputed amount of duty as a condition for hearing of the appeal. The Tribunal by order dated 14th December 1998 directed the petitioner to deposit rupees one lac as against the demanded duty on or before 3lst January 1999. Subject to compliance the balance amount was dispensed with and recovery proceedings were stayed during the pendency of appeal. The petitioner failed to deposit the aforesaid amount of rupees one lac on or before 31st January 1...
Mahendra Kumar Gupta Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: May-02-2003
Reported in: 2003(4)AWC2708
S. P. Srivastava, J. 1. Heard learned counsel for the appellant.2. The appellant, while he was holding the post of Principal of an Intermediate College recognised under the provisions of U. P, Intermediate Education Act, 1921 and the regulations framed thereunder, was placed under suspension pending disciplinary proceedings. A perusal of the charge-sheet dated 4.2.2002 served on the petitioner indicates that the charges levelled against him were of a very serious nature. The order, placing him under suspension passed by the Committee of Management, was approved by the District Inspector of Schools.3. However, subsequently exercising the jurisdiction envisaged under Section 16G (8) of the U. P. Intermediate Education Act, the District Inspector of Schools passed an order on 22.11.2002 revoking the aforesaid order. The aforesaid order revoking the suspension was challenged by the Committee of Management by means of the writ petition.4. The learned single Judge, vide the impugned order da...
National Insurance Co. Ltd. Vs. Chandan and anr.
Court: Allahabad
Decided on: May-02-2003
Reported in: 2003(4)AWC2961
Rajes Kumar, J. 1. This is an appeal filed under Section 30 of Workmen's Compensation Act, 1923 (hereinafter referred to as 'Act') against the order dated 4.5.2001, passed by Commissioner under the Act and Assistant Labour Commissioner, Muzaffarnagar in W.C.A. No. 38 of 2000, Chandan v. Ganga Kissan Sahkari Chini Mills Ltd., Muzaffarnagar. 2. By the aforesaid order, Commissioner, Workmen's Compensation Act, 1923, awarded compensation to the extent of Rs. 32,128. It has been observed that a sum of Rs. 3,000 had already been paid by the Insurance Company and balance amount of Rs. 29,128 was payable and on non-payment of amount within due date, interest @ 9% was chargeable. 3. The third proviso to Section 30 requires that no appeal by an employer under Clause (a) shall lie unless the memorandum of appeal is accompanied by a Certificate by Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. Section 30 reads as follows : ...
Zila Panchayat Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2003
Reported in: (2003)2UPLBEC1538
M. Katju J.1. Heard learned Counsel for the petitioner, and learned Advocate General for the respondents.2. This writ petition has been filed for quashing the present Public Distribution System of Essential Commodities in the Rural Area of the State of U.P. being carried out under the G.O., dated 13.1.2000, Annexure-1 to the writ petition read with G.O., dated 3.7.90 Annexure-2. It has also been prayed that the Essential Commodities should be supplied for Public Distribution through the Kshetra Panchayat.3. Counter and rejoinder-affidavits have been exchanged.4. By the G.O. dated 13.1.2000 power to grant the fair price shop licences was given to the District Magistrate. The question before us is whether the District Magistrate is the valid authority who can grant fair price shop licences in Rural Areas of U.P.5. In this connection we may refer to Section 32 of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, which states :'Every Kshettra Panchayat shall, within the Kha...
State of U.P. and ors. Vs. Rosalia Minj Sohanta (Smt.) and anr.
Court: Allahabad
Decided on: May-02-2003
Reported in: (2003)3UPLBEC2513
R.K. Agrawal, J.1. The present special appeal has been filed against the judgment dated 16.2.2000, passed by the learned Judge in Civil Misc. Writ Petition No. 1303 of 1993, whereby the learned Judge, had disposal of the writ petition quashing the order dated 8.10.1992, contained in Annexure 8 to the writ petition and directing the authorities to treat the petitioner as trained teacher in terms of the Government Order dated 21.10.1994 and pay the salary as trained teacher in the revised scale alongwith arrears.2. Briefly stated the facts giving rise to the present special appeal are that the respondent No. 1 (writ petitioner) was appointed on 17.7.1973, as Assistant Teacher in Primary School namely Bal Vidyalaya Nayapura, Stanely Road, Allahabad (hereinafter referred to as the School). She was given trained grade as she was having certificate of diploma in Education from the Pune University. Sometimes in February, 1992, the authorities found that the diploma possessed by the respondent...
Anilesh Pratap Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2003
Reported in: (2003)3UPLBEC2519
R.K. Agrawal, J.1. The present special has been filed against the judgment and order dated 11.12.1998 passed by a learned Single Judge of this Court in Civil Misc. Writ Petition No. 15293 of 1992, whereby the writ petition filed by the writ petitioner-appellant has been dismissed. 2. Briefly stated the facts giving rise to the present special appeal are as follows :Janta Inter College, Barsathi, Jaunpur (hereinafter referred to as the 'College') is a recognised and aided College under the provisions of U.P. Intermediate Act, 1921. One Sri Karam Raj Mishra, lecturer in Civics retired on 30.6.1991. The Committee of Management of the said College advertised the vacancy on 4.7.1991, in the local newspaper 'Dainik Manyavar', a newspaper published in the District Jaunpur. The Committee of Management of the College vide resolution passed on 4.8.1991, selected the writ petitioner-appellant on the post of Lecturer in Civics and issued an appointment letter on 16.8.1991. The appointment of the w...
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