Allahabad Court October 2004 Judgments
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Narendra Kumar Vs. Presiding Officer, Central Government Industrial Tr ...
Court: Allahabad
Decided on: Oct-08-2004
Reported in: 2005(1)AWC128; (2005)1UPLBEC151
Rakesh Tiwari, J.1. The Counsel for the parties urge that a very short point in the petition requires a decision and the petition may be heard and decided at the admission stage itself.2. Heard Sri S.N.Dubcy, Counsel for the petitioner, the Standing Counsel for the respondents and perused the record.3. This petition is directed against the award dated 12.9.96 passed by respondent No. 1. Central Government Industrial Tribunal-cum-Labour Court, Kanpur in Industrial Dispute No. 41 of 1987.4. The following matter of dispute was referred by the Central Government, Ministry of Labour, New Delhi, vide its Notification No. L-12012/267/88-D. II (A), dated 14.4.87 for adjudication to the Tribunal where it was registered as Industrial Dispute No. 41 of 1987 :'Whether the action of the Management of Allahabad Bank, Kanpur in terminating the services of Sri Narendra Kumar, Ex-Farrash w.e.f. 6.6.82 and not considering him for further employment while recruiting fresh hands under Section 25H of the I...
P. Ram Murthy Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-08-2004
Reported in: (2005)1UPLBEC666
Vineet Saran, J.1. The petitioner was appointed on the post of Clerk-cum-Typist on 25.2.1965 in the office of Directorate of Industry, Government of U.P., Kanpur. Thereafter the petitioner was absorbed in service of the U.P. Khadi Gramodyog Board, Lucknow, with effect from 1.4.1967. In the year 1972 the petitioner was promoted on the post of Accountant. On 1.1.1993 the petitioner was again promoted on the post of Noter Drafter in the pay scale of Rs. 4500-7000/-2. On 18.10.1996 persons junior to the petitioner had been promoted on the higher post of Assistant Development Officer (Grade 1) in the pay scale of Rs. 5,000/- to 8,000/-. Being aggrieved, the petitioner filed representations before the authorities and when no action was taken, the petitioner filed Writ Petition No. 36431 of 2003 with a prayer for a direction to the respondents to promote the petitioner in the higher pay scale of Rs. 5000/- to 8000/-. The said writ petition was disposed of by this Court by an order dated 23.8....
Committee of Management, Janta Inter College and ors. Vs. State of U.P ...
Court: Allahabad
Decided on: Oct-08-2004
Reported in: (2005)1UPLBEC671
Arun Tandon, J.1. Heard Sri P. N. Saxena, assisted by Sri Amit Saxena on behalf of the petitioner, Learned Standing Counsel on behalf of respondent Nos. 1, 2 and 3, Sri Irshad Ali on behalf of the respondent Nos. 4 and 5 and Sri Bheem Singh on behalf of respondent Nos. 6 and 7.2. The facts, which are relevant for disposal of the resent writ petition, are as follows :There is an institution known as Janta Inter College, Patai Khalsa, J.P. Nagar which is duly recognized under the provision of U.P. Intermediate Education Act, 1921, As per provisions contained in Section 16(A) of U.P. Intermediate Education Act, 1921, the aforementioned institution has an approved scheme of administration which has been subsequently amended and the terms of the Managing Committee has been extended from 3 years to 5 years, the amendment in the term has been duly approved by the Joint Director of Education on 18.9.1999. Last election of Managing Committee was held on 21.6.1995 and in the aforementioned elect...
Kedar Nath and ors. Vs. Shyam Sunder and ors.
Court: Allahabad
Decided on: Oct-08-2004
Reported in: 2005(3)AWC2719
N.K. Mehrotra, J.1. This is second appeal under Section 100 of the C.P.C. against the judgment and decree dated 28.4.1980, passed by Civil Judge, Gonda in Civil Appeal No. 62 of 1979 filed against the judgment and decree dated 29.3.1979 in Regular Suit No. 103 of 1972 decided by Ist Additional Munsif, Gonda.2. I have heard Shri U.S. Sahai, advocate for the appellants and Shri R.C. Srivastava for the respondents.3. It appears from the pleadings that the plaintiff-respondents filed a suit with respect to the abadi land alleging it to be their sehan land appurtenant to their house and also alleging that the construction through Maraha and Charani existed over the land in suit belong to them. It was also alleged that the disputed land was being used for tethering cattle and as passage. It was also alleged that the defendants-appellants have constructed varanda adjacent to their house and has dispossessed the plaintiff from its use and enjoyment.4. The defendants-appellants contested the su...
Bisauli Vyapar Mandal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: (2005)1UPLBEC56
M. Katju, A.C.J.1. Heard Sri S.K. Verma, learned Senior Counsel and Sri Siddhartha Verma, learned Counsel for the petitioner, Sri S.M.A. Kazmi, learned Chief Standing Counsel for the State and Sri U.S. Mishra, learned Counsel for the Municipal Board, Bisauli.2. This Full Bench has been constituted by order of Hon'ble the Acting Chief Justice on a reference made by a Division Bench dated 16.8.2000 as the Division Bench doubted the correctness of the view of another Division Bench in Madan Lal Gupta and others, Civil Misc. Writ Petition No. 226 (Tax) of 1983, decided on 20.5.1998.3. The short question in this case is whether an Administrator of a Municipal Board can impose a Municipal Tax as envisaged by Chapter V of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act) when the Municipal Board has been dissolved or superseded under Section 30 of the Act.4. The Division Bench, which made the reference order dated 16.8.2000 (presided over by one of us M. Katju, J.), was o...
Abid Ali Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)AWC161
M. Katju, A.C.J. and S. Ambwani, J.1. Heard learned counsel for the parties.2. By this writ petition the petitioner has prayed for quashing the orders dated 22.11.2000, and 27.1.2001, Annexures-8 and 10 to the writ petition, by which the respondents have refused to renew the licence to the petitioner to run the Saw Mill on the ground that the petitioner was not issued a licence, and that by order dated 4.3.1997, passed by the Supreme Court in T. N. Godavarman Thirumulkpad v. Union of India, JT 1997 (3) SC 338, the Supreme Court has restrained the State to issue fresh licences. The petitioner has also prayed for a writ of mandamus to issue 'No Objection Certificate', and to issue licence to the petitioner within a reasonable time.3. The question of grant and renewal of licence to run saw mills in the State of U.P., was considered by the Supreme Court in T.N. Godavarman Thirumulkpad v. Union of India, JT 1997 (3) SC 338. The Supreme Court directed closure of all unlicensed saw mills in t...
Delhi Gate Auto Service Station and ors. Vs. Bharat Petroleum Corporat ...
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)AWC106
Prakash Krishna, J.1. This appeal is under Section 37(1-a) of the Arbitration and Conciliation Act, 1996, hereinafter called the Act against the order dated 19th August, 2004, rejecting the application filed by the appellant for injunction under Section 9 of the Arbitration Act.2. The facts of the case are as follows :The appellants filed an application under Section 9 of the Act seeking permanent prohibitory injunction restraining the defendants from terminating the dealership of two petrol pumps in pursuance of the notice dated 21st December, 2002. The appellants are the licensees of the respondent to sell the petroleum products through retail outlets, one at Delhi Gate Agra and another at Keetham, Agra Mathura Road, Agra. There is no dispute between the parties that there is arbitration clause in between the parties vide para 22 (a) of the agreement dated 13th August, 1998 in between Bharat Petroleum Corporation Limited and the appellants. The Arbitration Clause in the said agreemen...
Shiv Ram Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)AWC113
Arun Tandon, J.1. Heard Sri R.N. Singh, senior advocate, assisted by Sri A.K. Upadhyaya, on behalf of the petitioner and Sri R.N. Yadav on behalf of respondent No. 4. It is not necessary to issue notice to respondent Nos. 5 to 7 in view of the order proposed to be passed by this Court today.2. Petitioner Shiv Ram Yadav has earlier approached this Court by means of Writ Petition No. 14683 of 2003, whereby the order dated 13/17.3.2003, passed by the Registrar Firms, Societies and Chits under Section 5A of the Societies Registration Act was challenged. The said order was challenged amongst other on the ground that the order has been passed without notice and opportunity of hearing to the petitioner. The writ petition was allowed by this Court by means of judgment and order dated 14th October, 2003, with the finding that the order dated 13/17.3.2003, has been passed without notice and opportunity of hearing to the petitioner, hence the order is in violation of the principles of natural jus...
Anar Kali Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)AWC116
Krishna Murari, J.1. Heard Sri Ratnesh Kumar Pandey, learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 and 2, Sri R.S. Tiwari, learned counsel for respondent No. 3 and Sri Vinod Kumar Sharma, learned counsel for respondent No. 4.2. Pleadings have been exchanged and the writ petition is being finally disposed of at the admission stage with the consent of the learned counsel appearing for the parties.3. The facts are that the petitioner moved an application under Section 12 of the U. P. Consolidation of Holdings Act (hereinafter referred to as 'the Act') for recording her name over the plot in dispute claiming herself to be the heir and legal representative being wife of predeceased son of deceased Khadai, the recorded tenure holder. The said proceedings ended in a compromise between the petitioner and respondent Nos. 3 and 4, the other two sons of deceased Khadai. It was agreed under the terms of compromise that name of all the three persons be recorded ...
Ram Bilas Vs. Ivth A.D.J. and ors.
Court: Allahabad
Decided on: Oct-07-2004
Reported in: 2005(1)AWC497
S.N. Srivastava, J.1. Impugned herein is the order dated 30.11.1988, passed by the appellate court in Civil Appeal No. 141 of 1981 whereby the plaintiff was permitted to withdraw suit attended with permission to institute fresh suit with cost quantified at Rs. 300.2. The dispute in the instant petition relates to the land adjoining khandhar in the east of plot Nos. 120 to 126, which according to the plaintiffs was being used as a public passage and which according to the defendants was sahan of his house and not public passage which he annexed to his house. The dispute escalated into institution of the suit, which the plaintiff filed for the relief of permanent injunction restraining the defendants from taking possession over the land in dispute. The plaintiffs' case is that the land in dispute is ancestral property which is being used by plaintiffs' ancestors much prior to date of vesting and defendant had no right to open new rasta for ingress and egress. The cause of action, accordi...
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