Allahabad Court May 2003 Judgments
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Employees' State Insurance Corporation Vs. Lakhan Lal
Court: Allahabad
Decided on: May-22-2003
Reported in: (2003)IIILLJ521All
Rajesh Kumar, J.1. This is an appeal under Section 82 of the Employees' State Insurance Act against the order dated April 27, 1993 passed by Judge Employees Insurance Court, Kanpur in Appeal No. 245 of 1992.2. Brief facts of the case are that Sri Lakhan Lal opposite party suffered an injury during the course of his employment on July 31, 1991 who was admittedly insured person for the purposes of the Act. It is admitted that Sri Lakhan Lal suffered head injury when he was disengaging threads of loom when his head came in contact with the over head bar of the loom. He was referred to Medical Board. Sri Lakhan Lal was examined by E.S.I. doctor on May 15, 1992 and it was found that he was suffering from manic depression, psychosis depression, post concusation syndrome followed by head injury. It appears that E.S.I. Doctor referred injured person for examination by Dr. Navneet Kumar Assistant Professor Neurology, Kanpur. Dr. Navneet Kumar in his report which is paper No. 6/8 has opined that...
Committee of Management, Nehru Jai Jawan Jai Kisan Junior High School ...
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC2704
S. P. Srivastava, J.1. Heard the learned counsel for the appellant.2. Sri H. R. Misra, the learned standing counsel representing the respondents Nos. 1 and 2 as well as Dr. Padia, learned senior advocate, representing the petitioner-respondent No. 3 have also been heard.3. Perused the record.4. The dispute in this case relates to the appointment and the entitlement of respondent No. 3 to hold the post of an Assistant Teacher in an educational institution known as Nehru Jai Jawan Jai Kisan Junior High School, Galand, Ghaziabad, which institution imparts education up to the standard of class-VIII and receives the grant-in-aid from the State. At present, an Authorised Controller has been appointed for that institution vesting him with the jurisdiction exercisable by the Committee of Management.5. This appeal has been filed by the Committee of Management through the authorised controller, feeling aggrieved by the order of the learned single Judge holding that the respondents which included...
Umesh Chandra and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC2714
Ashok Bhushan, J.1. Heard Sri Narendra Mohan, learned counsel appearing for the petitioners and Sri Faujdar Rai, learned counsel appearing for the respondent Nos. 3 to 5. Counter and rejoinder-affidavits have been exchanged and as prayed by counsel for both the parties the writ petition is being finally disposed of.2. By means of the this writ petition, the petitioners have prayed for quashing the order dated 1.4.2003 passed by the Deputy Director of Consolidation, Mirzapur and the order dated 11.12.1995 passed by the Consolidation Officer, Ramal Patti, Mirzapur.3. Brief facts of this case are :'An objection under Section 9A (2) of the U. P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as 'the Act') was filed by the petitioner Nos. 1 and 2, petitioner Nos. 6 to 9 and petitioner Nos. 11 and 12 claiming that they are co-tenure holders with regard to land in dispute. In the objection Roop Chandra Varma, Ramesh Chandra Varma, Sharad Chandra Varma and Prakash Chandra Varm...
Mahadeo and ors. Vs. Kanhai Lal and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC2765
Rajes Kumar, J.1. The present appeal is being directed against the judgment and order dated 8.9.2000, passed by VIIth Additional District and Sessions Judge, Allahabad, dismissing the application for restoration and refusing to set aside the order dated 15.5.1981, passed in Appeal No. 662 of 1978, Ram Shankar v. Kanhai Lal and Ors., arising out of order dated 24.9.1977 passed by Munsif First, Allahabad in Suit No. 795 of 1955 Kanhai Lal and Ors. v. Sharda Prasad as time barred.2. The brief facts of the case are that a Suit No. 795 of 1955 was filed by the respondent for eviction of the appellants from the premises in dispute. The suit was decreed vide order dated 24.9.1977 and the appellants were evicted from the premises in dispute. Against the order dated 24.9.1977, an Appeal No. 662 of 1978 was filed. During the pendency of the appeal, several dates were fixed and the records were summoned, but the records could not be received. On 9.4.1979, the appeal was transferred to the Court o...
Babu Nandan (D.) Through L.Rs. Vs. Smt. Esraji
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC2972
Rajes Kumar, J.1. The present First Appeal From Order has been filed against the order dated 16.1.1982 by the 1st Addl. District Judge, Jaunpur in Appeal No. 44 of 1979 arising out of Original Suit No. 52 of 1979.2. The brief facts of the case are that the plaintiff-respondent Smt. Esraji w/o Devi Charan filed a Suit No. 52 of 1979 for declaration and cancellation of a sale deed dated 31.8.1978 as void on the ground that she is a bhumidhar of land in dispute and sale deed was executed fraudulently by someone else in favour of defendant-appellant. It has been alleged that in the sale-deed, neither there is any thumb impression nor signature of plaintiff and inasmuch as the plaintiff had not gone to the office of Sub-Registrar and had no knowledge about the execution of such sale deed. Defendant filed objection, in which, it had been said that the suit was not maintainable for want of jurisdiction, inasmuch as, it was cognizable by the revenue court and not by civil court and barred by S...
B. Agarwal Stone Product Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC2957
M. Katju, J. 1. This writ petition has been filed for a writ of certiorari to quash the bye-laws framed by the Zila Panchayat, Sonebhadra, dated 5.12.1994 and 3.7.1997, Annexures-3 and 4 to the writ petition imposing transit fee/toll tax on the transportation of sand, ballast, stone, morum, chips, etc. and for quashing the impugned order dated 31.3.2003, Annexure-2 to the writ petition passed by the Upper Mukhya Adhikari, Zila Panchayat, Sonebhadra. The petitioner has also prayed for a mandamus directing the respondents not to collect transit fee/toll tax on the basis of the impugned by-laws on transportation of the above materials by the petitioner from the Mines to various places within or outside district Sonebhadra. 2. Heard learned counsel for the parties. 3. The petitioner is a company incorporated under the Companies Act and is engaged in the business of taking mining lease and supplying sand, morum, stone, chips and transporting the minerals from the mines. It has about 64 truc...
Ram Chandar Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: 2003(4)AWC3003
Ashok Bhushan, J.1. Heard Sri Sankatha Ral, learned counsel for the petitioner and Sri A.K. Singh learned counsel appearing for the respondent No. 4.2. By this writ petition the petitioner has prayed for quashing the order dated 29.4.2003, passed by the Deputy Director of Consolidation, Azamgarh and the order dated 21.3.2003, passed by the Assistant Settlement Officer of Consolidation, Azamgarh.3. Brief facts giving rise to this writ petition are :'The respondent No. 4 filed a time barred appeal under Section II (1) of the U. P. Consolidation of Holdings Act against the order dated 5.4.1986, passed by the Consolidation Officer under Section 9A (2) of the said Act. Along with appeal affidavit of the Pradhan of the Gaon Sabha was also filed. Benefit under Section 5 of the Limitation Act was also claimed and it was prayed that the delay in filing the appeal be condoned. In appeal it was stated that plot Nos. 521 area 245 Karis was recorded as pond in basic year records and was also record...
Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: AIR2003All375
Vineet Saran, J.1. By the consent of the parties, this writ application was treated on the list of 10-4-2003. Arguments were heard and judgment reserved.2. In this writ application, we have heard Sri W.H. Khan, learned counsel for the writ petitioner for the S.C. Misra, learned Advocate General appearing for the State -- respondents No. 1, 2 and 3, Sri Rakesh Dwivedi , learned Senior Counsel assisted by Sri Somesh Khare, appearing for private respondents No. 4, 5 and 6, Sri Milan Banerjee, learned Senior Counsel assisted by Sri Vikram Nath and Sri Arvind Kumar Srivastava, appearing for added private respondents No. 7, 8 and 9.3. Affidavits between the parties have been exchanged.4. This writ application has been filed challenging the auction notice dated 21-11-2002, the auction held on 30th December, 2002 as well as the provisional acceptance of bids of the private respondents. The writ petitioners have also sought for a direction to the effect that the State respondents should issue a...
Raj Kumar Singh Vs. Indian Oil Corporation and ors.
Court: Allahabad
Decided on: May-22-2003
Reported in: III(2003)ACC238
M. Katju, J.1. This writ petition has been filed for a mandamus directing the respondents to release the Truck No. ASOI D 7984 belonging to the petitioner forthwith.2. Heard learned Counsels for the parties.3. It is alleged in paragraph 2 of the writ petition that the petitioner is the owner of the aforesaid truck vide registration certificate Annexure 1 to the writ petition. The Indian Oil Corporation engages the contractors for transportation of L.P.G. gas cylinders to various destinations and for this purpose the tenders are invited by the Indian Oil Corporation. The petitioner also gave his tender which was accepted and an agreement for the transport contract was entered into between the petitioner's firm in which one Suresh Kumar is partner. True copy of one of such agreements is Annexure 2 to the writ petition. After the execution of this agreement four trucks were employed in the Indian Oil Corporation for the transportation of L.P.G. gas cylinders of the Indian Oil Corporation....
Uma Kant Tiwari and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-21-2003
Reported in: 2003(4)AWC3016; (2003)2UPLBEC1613
M. Katju, J.1. This writ petition has been filed for a writ of mandamus directing the respondents not to interfere with the practicing of the petitioners as Vaidya in Ayurvedic System of Medicine and Surgery in U. P. and to declare the words 'to 1967' in fourth column of Entry No. 105 regarding Vaidya Visharad and Ayurved Ratna of Second Schedule Part-I of the Indian Medicine Central Council Act, 1970, as ultra vires Section 14(1) of the Act. The petitioners have also prayed for declaring Section 14 of the aforesaid Act as ultra vires Article 14 of the Constitution and for declaring certain provisions of the U. P. Medicine Act as ultra vires.2. Heard learned counsel for the parties.3. In para 3 of the petition it is alleged that the petitioners are medical practitioners in Ayurvedic System of Indian Medicine and some of them have degrees of Ayurved Ratna or Vaid Visharad or both from Hindi Sahitya Sammelan, Allahabad or Hindi Sahitya Sammelan, Prayag from the year 1982 onwards. In para...
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