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Allahabad Court August 2003 Judgments

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Aug 04 2003

Mukesh Rajput Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Aug-04-2003

Reported in: 2003(4)AWC3289; (2003)3UPLBEC2587

ORDERM. Katju and R.S. Tripathi, JJ.1. This writ petition has been filed against the impugned order dated 23.6.2003 Annexure-1 to the writ petition by which administrative and fiscal powers of the petitioner have been taken away from him till the completion of the enquiry against him.2. Heard learned counsel for the parties.3. The petitioner has alleged that he was elected Adhyaksh of Zila Panchayat, Farrukhabad on 8.8.2000 and is functioning as such since then. It appears that there were serious allegations against him and a preliminary enquiry was held by the Commissioner, Kanpur Division, into those charges. In that enquiry, the petitioner was given a show cause notice but he did not give reply.4. We have perused the findings of the preliminary enquiry and they are very serious in nature. A large number of them are regarding grave financial irregularities.5. Under Section 29 of the U. P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 the State Government can remove an Adhya...


Aug 04 2003

Pinki Chauhan (Ms.) Vs. Managing Director, Punjab National Bank and or ...

Court: Allahabad

Decided on: Aug-04-2003

Reported in: (2004)ILLJ65All

S.N. Srivastava, J.1. Present petition has been filed for the relief of a writ of mandamus to the respondents to offer compassionate appointment under dying in harness rules.2. In the instant petition, the broad facts are that Balbir Singh Chauhan, an employee of Punjab National Bank suffered massive heart attack and departed for heavenly abode on September 19, 1986. Subsequently, one of the surviving son namely Anil Kumar Singh Chauhan sought compassionate appointment. While he was slugging for compassionate appointment, he too died on August 26, 1998. Thereafter the petitioner one of the surviving daughter of the deceased after attaining majority applied for compassionate appointment on prescribed proforma vide application dated January 28, 2002.3. I have heard the learned counsel for the parties and perused the materials on record. The learned counsel for the petitioner has relied heavily on the assurances contained in the letter of the Regional Manager dated November 27, 1986 (Anne...


Aug 04 2003

In Re: Telesia Trading and Finance Ltd.

Court: Allahabad

Decided on: Aug-04-2003

Reported in: (2003)4CompLJ325(All); [2004]51SCL564(All)

S.P. Mehrotra, J.1. The present company petition has been filed under Sections 391 and 394 of the Companies Act, 1956 by the following companies :1. Telesia Trading and Finance Ltd., a public limited company incorporated under the Companies Act, 1956, having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferee company') (petitioner No. 1).2. Gobind Vanijya Ltd., a public limited company incorporated under the Companies Act, 1956 having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferor company No. 1') (petitioner No. 2).3. Ujala Mercantiles Ltd., a public limited company incorporated under the Companies Act, 1956 and having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferor company No. 2') (petitioner No. 3).1.1 It is, inter alia, prayed in the company petition that the proposed scheme of a...


Aug 04 2003

National Insurance Co. Ltd. Vs. Ajij Ul-haq and anr.

Court: Allahabad

Decided on: Aug-04-2003

Reported in: I(2004)ACC648; 2004ACJ2042

K.N. Ojha, J.1. Heard the learned counsel for the insurer appellant and Mr. Ram Singh, the learned counsel for the respondent No. 1.2. The appellant feels aggrieved by the award of Motor Accidents Claims Tribunal, Allahabad, determining an amount of Rs. 3,98,000 (rupees three lakh ninety-eight thousand only) to which the dependants of the deceased Dilshad were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a truck bearing registration No. UP 63B-9345 which had been insured by the present appellant covering the risk.3. Motor Accidents Claims Tribunal, on a careful consideration of the evidence and materials brought on record had come to the conclusion that the deceased was aged about 20 years at the time of the accident. He was earning Rs. 4,500 per month. He had left behind his mother and father. The Claims Tribunal utilizing the multiplier of 11 and after considering the circumstances of the case, had made an award in favour of...


Aug 01 2003

Dilip Kumar Sharma and anr. Vs. Civil Judge (Senior Division) and ors.

Court: Allahabad

Decided on: Aug-01-2003

Reported in: AIR2004All86; 2003(4)AWC3291

Sunil Ambwani, J. 1. By this writ petition, Sri Dilip Kumar Sharma, claiming himself to be Secretary/ Pradhan Mantri of Committee of Management, Sri Giriraj Sewak Samiti, Bara Bazar, Goverdhan, Mathura (in short 'Society'), and Shri Devendra Kumar Sharma have prayed for a writ of certiorari for quashing the plaint of Original Suit No. 332 of 1999 pending in the Court of Civil Judge, (Senior Division), Mathura : orders dated 8.11.2002 appointing Dr. Rajesh Singh as Receiver, and orders dated 20.12.2002 and 21.1.2003 by which the trial court has denied non-Gudhania Brahmins of Bara Bazar, Goverdhan, Mathura, from making bid at the auction of Income of Thakur Giriraj Ji Maharaj Temple (in short 'Temple'). They have also prayed for a direction to respondent Nos. 1 and 2 to hold auction of the temple permitting both Gudhanla and non-Gudhania Brahmins in all future auctions of Tekas as per by-laws and to issue any other writ, order or direction. 2. Brief facts as set out in the writ petition...


Aug 01 2003

National thermal Power Corporation Ltd. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Aug-01-2003

Reported in: 2003(4)AWC3287; (2003)3UPLBEC2500

D.P. Singh, J.1. Heard learned counsel for the parties.2. This writ petition is directed against an award of the Labour Court dated 30.9.1983 by which the respondent workman has been granted reinstatement with full back-wages.3. The petitioner is a Government company engaged in various projects relating to electricity. While the Shakti Nagar Project was under construction, between the 1977-81, several cases of 'maleria' were detected amongst the workers and villagers. Thus, several persons, including the respondent workman, were employed on daily wage basis for distributing maleria tablets from 20.3.1980. By mid 1981, the said disease was brought under control and thus there was no necessity for daily wagers. Nevertheless on 15.6.1981 the petitioners offered alternative employment to the workman which was turned down. On the same day, he was also offered notice pay and retrenchment compensation which was also refused. Thus, a written notice was sent to the address of the respondent wor...


Aug 01 2003

Jai Karan Singh Vs. Principal Sri Singheshwari Inter College and ors.

Court: Allahabad

Decided on: Aug-01-2003

Reported in: 2003(4)AWC3256

R.B. Misra, J.1. Heard Sri D.K. Srivastava, learned counsel for the petitioner and Sri S.S. Sharma learned standing counsel for the State respondent.2. In this petition, the order dated 1.6.1990 dismissing the service of the petitioner by the Principal, Sri Singheshwari Inter College, Tetri Bazar, Siddharthanagar has been challenged.3. Petitioner was given a charge-sheet for unauthorised absence and for coming late several days and for irregularities and disobedience. The Principal of the College served a notice to the petitioner and after obtaining his explanation, the dismissal order dated 1.6.1990 was passed. According to the petitioner, his services were, if at all, could only be terminated on the basis of disciplinary enquiry conduced under Regulation 35 of Chapter III of the U.P. Intermediate Education Act, 1921 (in short called 'Act'), which was brought on 10.3.1975 by Notification No. 7/562-V-8, dated 10.3.1975, according to which for the serious complaints and allegations, the...


Aug 01 2003

Jitendra NaraIn Gangwar and ors. Vs. U.P. Technical University at Luck ...

Court: Allahabad

Decided on: Aug-01-2003

Reported in: 2003(4)AWC3266

V.K. Shukla, J.1. In Writ Petition No- 48219 of 2002 and Writ Petition No. 55529 of 2002, prayer has been made for issuing a writ in the nature of mandamus commanding the respondents to take special examination of the petitioners in the subjects in which they have failed and hold the next semester examination only thereafter, and permit the students to pass in all subjects of 4 years B. Tech. Course in 7 years. In Writ Petition No. 15865 of 2003, prayer has been made for issuing a writ in the nature of mandamus to permit the petitioners to attend 4th and 6th semester classes and fill their examination forms for 4th and 6th semester examination, and further for quashing Ordinance Nos. 9.3 and 10.1 (Annexures-12 and 16 to the writ petition), and further for issuing a writ in the nature of mandamus directing the respondents to extend the benefit of 15 grace marks to petitioner No. 3 as awarded to the students of B. Tech. course.2. Brief background of the case is that the petitioners after...


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