Allahabad Court May 2003 Judgments
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Amit Kumar Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-21-2003
Reported in: (2003)2UPLBEC1733
M. Katju, J. 1. This writ petition has been filed against the impugned order dated 19.1.2001, Annexure-10 to the writ petition and the order dated 27.7.2001, Annexure-11 to the writ petition. The petitioner has prayed that respondent No. 3 the District Magistrate, Varanasi be directed not to evict the petitioner from the property in dispute.2. It is alleged in Paragraph 3 of the petition that the petitioner's father was the lessee of Property No. S-17/317-B, Nadesar, Varanasi. In respect of which the Municipal Board, Varanasi executed a lease deed on 17.7.1957, vide Annexure-1 to the writ petition. This lease was granted in favour of the petitioner's father for a period of 30 years and hence it was to expire on 29th March, 1987. The petitioner's father gave an application to the Administrator Nagar Mahapalika, Varanasi (Now Nagar Nigam) on 24.3.87, vide Annexure-2 to the writ petition praying for extension of the lease period for a period of 99 years. However, it is alleged that no act...
Triloki Nath Tandon Vs. Allahabad Bank and ors.
Court: Allahabad
Decided on: May-21-2003
Reported in: (2003)2UPLBEC1474
S.N. Srivastava, J. 1. By means of the present petition, the petitioner has prayed for a writ of mandamus directing the respondents to record option for pension furnished on 28.11.1994 under Regulations, 1993 before the respondent No. 4, attended with further prayer to release arrears of pension since December, 2001. The petitioner has prayed for further relief of paying interest on delayed payment of terminal dues with effect from 30.11.2001.2. Petitioner, a Clerk in Allahabad Bank entered the service of the Bank on 24.6.1964 and retired from service on 30.11.2001 upon attaining the age of superannuation. It is averred that the Bank floated new pension scheme and framed Allahabad Bank Employee Pension Regulations, 1993, which was commenced to be effective from 1.11.1993. The University Branch, Moti Katra, Hing Ki Mandi, Agra of the said Bank also received the circular dated 6.9.1994 pursuant to which the petitioner opted for the said pension scheme by exercising his option on the pres...
Jag Lal and ors. Vs. Director, Horticulture, U.P. Government and ors.
Court: Allahabad
Decided on: May-21-2003
Reported in: (2003)3UPLBEC2528
Sunil Ambwani, J.1. Heard S/Shri Narendra Mohan, V.K. Singh, N.A. Khan and Devi Prasad Mishra, learned Counsel appearing for petitioners in the above writ petitions, and learned Standing Counsels for respondents.2. By means of these writ petitions, petitioners, working as Class-IV Employees as 'Mali' on daily wages have prayed for regularisation of their services with respondents and for payment of regular wages. During the pendency of these writ petitions, a process of regularisation was undertaken in which twelve Malis, including petitioners were recommended to be regularised by a Regularisation Committee, on 7.1.2003, under theU.P. Regularisation of Daily Wages Appointment on Group 'D' Posts Rules 2001. Petitioners have also challenged the validity of the process of regularisation and the method and manner in which their seniority was determined for the purposes of regularisation.3. The facts giving rise to these writ petitions arc that petitioners are working in the Horticulture De...
Habib and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-20-2003
Reported in: 2003(4)AWC2645
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. Petitioners filed the aforesaid petition praying for the following reliefs :(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.9.2000 and order dated 3.11.2000 passed by respondent Nos. 2 and 3, respectively (Annexures 4 and 5). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 4 not to cut green trees which are standing over the disputed plot No. 74. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. 3. The dispute in the petition is regarding 75 trees standing on the disputed land, which belongs to Nazul Department.4. The petitioner's case is that Gata No. 74 area 0.265 hectare was recorded in the names of the petitioners in the khatauni on the basis of possession on the aforesaid land.5. It is submitted that Azhar Aziz Bilgrami e...
Ram Manohar Kapoor Vs. Public Works Department and ors.
Court: Allahabad
Decided on: May-20-2003
Reported in: 2003(4)AWC2666
Rakesh Tiwari, J.1. Heard counsel for parties.2. This petition have been filed with the prayer for quashing of impugned order dated 15.12.1995 (Annexure-6 to the writ petition) by which respondents have re-fixed and reduced the petitioner's pay without any basis.3. Brief facts of the case are that the petitioner was a Junior Engineer in Public Work Department, Uttar Pradesh. He Joined in the year 1961 and retired from service on attaining the age of superannuation on 30.4.1995 after rendering more than 34 years of service. The claim of the petitioner is based on an order dated 7.1.1992 by which 142 employees along with the petitioner were given scale of Rs. 690-1,420. On the basis of aforesaid order, the Executive Engineer, National Highway-II, Public Work Department, Allahabad, the respondent No. 2 passed order dated 6.2.1992 fixing petitioner's scale as aforesaid.4. The contention of the petitioner is that in the order dated 6.2.1992, he was given benefit of order dated 7.1.1992 but ...
Hari Ram and ors. Vs. Nagdoo Yadav and ors.
Court: Allahabad
Decided on: May-20-2003
Reported in: 2003(4)AWC2770
S. P. Srivastava, J.1. Heard the learned counsel for the owners-appellants.2. The owners-appellants feel aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 1,67,000 (Rupees one lac sixty seven thousands only) as just compensation, to which the claimants were found entitled to on account of untimely death of Bijendra Yadav, aged about 18 years in an accident involving the offending motor vehicle-a tractor with trolley insured by the insurer-respondent covering the risk.3. The Motor Accident Claims Tribunal, on a careful consideration of the evidence and materials brought on record, has come to the conclusion that the deceased had an income of Rs. 15,000 per annum. The annual dependency was determined to be Rs. 10,000. The deceased had left behind his father and mother, the Tribunal utilizing the multiplier of 16 had calculated the amount of compensation.4. The Tribunal had exonerated the Insurer on the ground that the offending motor vehicle, at t...
Bench Secretaries, Brotherhood High Court and Ors. Vs. State of U.P. a ...
Court: Allahabad
Decided on: May-20-2003
Reported in: (2003)3UPLBEC2138
A.K. Yog. J.1. Sri S.C. Budhwar, Senior Advocate and Sri Shailendra, Advocate on behalf of the petitioners; Sri Vinod Swaroop, Addl. Advocate General assisted by Sri M.S. Pipersenia, Standing Counsel on behalf of respondent No. 1, and Sri K.R. Sirohi, Advocate on behalf of respondents No. 2 and 3 present and heard. Perused the record of the case.2. Association, called-'The Bench Secretaries' Brotherhood, High Court, Allahabad', as well as Rama Kant Lai, one of its member are the petitioners in the leading Writ Petition No. 47197 of 1999 under Article 226, Constitution of India, wherein they claim following reliefs:'(A) To issue a writ or order or direction in the naturte of certiorari, quashing the decision dated 6.10.1998 of Hon'ble Chief Justice (Administrative side) in pursuance of the report of three Hon'ble Judges Committee dated 9.2.1998 and 13.4.1998 to the extent it denied benefit of pay scale equivalent to Court Masters to Bench Secretaries Grade-II.(B) To issue a mandamus dir...
Hari Ram and ors. Vs. Nagdu Yadav and ors.
Court: Allahabad
Decided on: May-20-2003
Reported in: III(2003)ACC223
S.P. Srivastava, J.1. Heard the learned Counsel for the owners-appellants.The owners-appellants feel aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 1,67,000/- (Rupees one lac sixty seven thousand only) as just compensation, to which the claimants were found entitled to on account of untimely death of Bijendra Yadav, aged about 18 years in an accident involving the offending motor vehicle - a tractor with trolley insured by the insurer-respondent covering the risk.2. The Motor Accident Claims Tribunal on a careful consideration of the evidence and materials brought on record, has come to the conclusion that the deceased had a monthly income of Rs. 15,000/- per annum. The annual dependency was determined to be Rs. 10,000/-. The deceased had left behind his father and mother, the Tribunal utilizing the multiplier of 16 had calculated the amount of compensation.3. The Tribunal had exonerated the insurer on the ground that the offending motor vehi...
Abdul Wasi Vs. Bhairamdeen Alias Bacchi and ors.
Court: Allahabad
Decided on: May-19-2003
Reported in: III(2003)ACC307; 2004ACJ885; 2003(4)AWC2711
S. P. Srivastava, J. 1. Heard the learned counsel for the Insurer-Appellant.2. The appellant feels aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 1,20,000 as Just compensation, to which the dependents of the deceased Km. Shilu aged about 7 years were found entitled to on account of her untimely death in an accident involving the offending motor vehicle insured by the present Insurer-Appellant.3. The learned counsel for the appellant has strenuously urged that no liability could be fastened on the appellant for the payment of the amount of award as he had already transferred the offending motor vehicle in favour of Rajendra Prasad, the respondent No. 3 on 10.3.1998 and the accident which had resulted in the death of Km. Shilu had taken place on 2.11.2000.4. The Tribunal, while considering the above submissions, had come to the conclusion that since no steps had been taken either by the transferor or by the transferee to get the relevant entrie...
Willard India Limited Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: May-19-2003
Reported in: III(2003)BC497; (2003)2UPLBEC1760
M. Katju, J.1. Heard Mr. R.N. Singh, learned Counsel for the petitioner, Mr. A.K. Singh for the Union of India and Mr. Tarun Verma, Counsel for the Allahabad Bank.2. The petitioner has prayed for an appropriate writ, order or direction declaring the provisions of Rule 6(1) of the Debts Recovery Tribunal (Procedure) Amendment Rules, 2003 as being ultra vires Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The petitioner has also prayed for an appropriate writ order or direction declaring proceeding filed by the respondent No. 2 Allahabad Bank before the Debt Recovery Tribunal Kolkata as without jurisdiction.3. The petitioner is a Company registered under the Indian Companies Act, The respondent, Allahabad Bank filed an application before Debt Recovery Tribunal, West Bengal at Kolkata under Section 19 of the aforesaid Act, claiming a sum of Rs. 5,09,76,803/-as principal amount and payable with interest in the alleged capacity of debenture holders an...
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