Allahabad Court October 2004 Judgments
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Indian Telephone Industry Ltd. Vs. Cess Appellate Committee, U.P. Poll ...
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 2005(1)AWC280; [2005(1)JCR63(All)]; (2005)1UPLBEC17
M. Katju, A.C.J.1. This Full Bench has been constituted by order of Hon'ble the Acting Chief Justice dated 22.9.2004, since the Division Bench hearing this petition did not agree with the view of another Division Bench in M/S. Agra Engineering Industries v. Union of India, writ petition No. 2289 of 1980, decided on 16.5.1996.2. Heard learned Counsel for the parties.3. The petitioner, Indian Telephone Industry, Allahabad is a Government of India undertaking with a factory at Naini, Allahabad. This factory is engaged in the manufacture of telephone and telecommunication instruments. The petitioner contended that the said factory does not come within the Schedule Industries mentioned in the Schedule of the Water (Prevention and Control Pollution) Cess Act, 1977 (hereinafter referred to as the Act).4. Parliament has enacted the aforesaid Act to provide for the levy and collection of Cess on water consumed by persons carrying on a schedule industry. Schedule I refers to various industries. ...
Regional Manager, Shri Gandhi Ashram and ors. Vs. Labour Court and anr ...
Court: Allahabad
Decided on: Oct-05-2004
Reported in: (2005)1UPLBEC68
Rakesh Tandon, J.1. Heard Counsel for the parties and perused the record.2. The respondent-workman was appointed as Shop Incharge. It appears that some theft took place in the shop by breaking open the wall and the almirah kept in the shop was opened by the keys, which were kept in the locked cash box by the workman. The locked cash box was also broken open by the thiefs. The charge against the workman was that he should have kept the keys with him but as the keys were kept in the locked cash box they broke open the locked cash box. The services of the workman were terminated after enquiry proceedings. Aggrieved the workman raised an industrial dispute which was referred to the Labour Court, Varanasi by the State Government.3. Before the Labour Court the employer took a preliminary objection that respondent No. 2 was not a workman within the meaning of the U.P. Industrial Disputes Act, 1947 as he was designated as the Shop Incharge. The Labour Court after appraisal of evidence held tha...
Rajendra Kumar Mishra Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: [2005(104)FLR71]; (2005)1UPLBEC108
M. Katju, A.C.J.1. This Full Bench has been constituted by the order of Hon'ble the Acting Chief Justice on a reference made by a learned Single Judge dated 12.3.2004 as the learned Single Judge was of the opinion that there were contradictory Division Bench judgments of this Court by Division Bench decisions in SarojMahanta (Mrs.), Li. Colonel v. Union of India, 2003 (3) ESC 1419, and in Kailash Nath Tiwari v. Union of India, Special Appeal No. 997 of 1995, decided on 9.1.2002.2. The short question in this case is whether this Court has jurisdiction to decide this petition.3. The petitioner/accused was serving in the Indian Army, While on duty at Kanchanpara at Calcutta in West Bengal, he was given a charge-sheet by Lt. Col. S. Ganguly of 1841 Light Regiment in which the following charge was levelled against him under Section 64(e) of the Army Act:'Obtaining for himself a gratification as motive for procuring the enrolment of a person in that he, at Kanchanpara, on 3.1.1999, while wor...
Yaqoob Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 2005(1)AWC159
S.U. Khan, J.1. Agricultural land comprised in plot Nos. 453/0.202 hectares, 673/0.131 hectares and 674/0.069 hectares (total area 0.402 hectares) situate in village Sihaispar, Tehsil Bansgaon District Gorakhpur belonging to Smt. Shahnaz proprietor/partner of M/s. Shahnaz Textiles, Sihaispar, Bansgaon, Gorakhpur was auctioned in proceedings for recovery of loan which M/s. Shahnaz Textiles had taken from Uttar Pradesh Financial Corporation, (U.P.F.C. in short) Gorakhpur. The dues were recovered like arrears of land revenue. Auction took place on 30.5.2002 in which petitioner was highest bidder. His bid was of Rs. 1,07,000. He deposited the entire amount within time prescribed by relevant rules. Sale was confirmed by Sub-Divisional Officer (S.D.O. in short) on 8.6.2002, i.e., within thirty days from the date of sale. Petitioner deposited 1/4th of the amount for which he had purchased the property on the date of sale, i.e., 30.5.2002 and remaining 3/4th of the amount was deposited on 8.6....
Regional Manager Shri Gandhi Ashram and ors. Vs. Labour Court and anr.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 2005(1)AWC127
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The respondent-workman was appointed as Shop Incharge. It appears that some theft took place in the shop by breaking open the wall and the almirah kept in the shop was opened by the keys, which were kept in the locked cash box by the workman. The locked cash box was also broken open by the thiefs. The charge against the workman was that he should have kept the keys with him but as the keys were kept in the locked cash box they broke open the locked cash box. The services of the workman were terminated after enquiry proceedings. Aggrieved the workman raised an industrial dispute which was referred to the Labour Court, Varanasi by the State Government.3. Before the labour court the employer took a preliminary objection that respondent No. 2 was not a workman within the meaning of the U. P. Industrial Disputes Act, 1947, as he was designated as the Shop Incharge. The labour court after appraisal of evidence h...
Manazir Hasan and ors. Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: AIR2005All124; 2005(1)ARC212; 2005(1)AWC993
Arun Tandon, J.1. Heard Sri Ravi Kiran Jain, senior advocate, assisted by Sri Pushkar Mehrotra, advocate, on behalf of the petitioners and Sri Mahendra Bahadur on behalf of respondent Nos. 3 to 7.2. Haji Riazul Hasan who is plaintiff in Original Suit No. 117 of 1981 has filed this writ petition against the order of the Additional District Judge, Saharanpur dated 4.11.1985 passed in Civil Revision No. 595 of 1983 arising out of an order passed by VIIth Additional Munsif, Saharanpur dated 3.3.1983. By means of order dated 4.11.1985 the learned Additional District Judge has allowed the revision filed by the Union of India (being Civil Revision No. 595 of 1983) while the revision filed by the plaintiff (being Civil Revision No. 603 of 1983) has been dismissed with a further direction that the matter is being remanded to the trial court for determining the valuation afresh in accordance with law and in the light of the observations made in the body of the judgment. From the judgment of the ...
Ashiq Ali and ors. Vs. Smt. Rasheeda Khatoon and anr.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 2005(2)AWC1342
N.K. Mehrotra, J.1. This is second appeal against the judgment and decree dated 2.8.1980 passed by 1st Additional District Judge, Faizabad upholding the judgment and decree dated 6.11.1978 passed by Civil Judge, Faizabad.2. I have heard Shri Molul, Arif Khan, learned counsel for the appellants and Shri Abid Ali for the respondent No. 1.3. It appears from the facts on record that Smt. Rasheeda Khatoon plaintiff-respondent No. 1 filed suit against Usman, Abo Mohammad (deceased appellant No. 1) and Mashooq Ali (deceased appellant No. 2) with the allegations that house No. 2868 situated in Mohalla Hayat Ganj in Tanda. District Faizabad was the property of late Abdul Haq @ Hukka who died on 24.1.1972. The only son of Abdul Haq @ Hukka left India for Pakistan leaving Abdul Haq alone, in Tanda, District Faizabad. It is alleged that there was none in Tanda to look after him. Hazi Madari the father of Smt. Rasheeda Khatoon, the plaintiff-respondent was a close friend and neighbour of Abdul Haq....
Hari Prasad and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 2005CriLJ1953
ORDERAmar Saran, J.1. In this case Sri V. K. Sharma requested me to reserve the judgment on 25-8-2004 and stated that he would be submitting written arguments in this case. The written arguments have been submitted. I have perused the same and also the other material on record.2. The present application has been filed under Section 482 Cr. P.C. for quashing criminal proceedings in Case No. 8656 of 1991, Veer Narayan v. Hari Prasad and Anr. pending in the Court of C.J.M. Allahabad and the non-bailable warrants and processes issued under Sections 82/83, Cr. P.C.3. A complaint, was filed on 23-9-1991 alleging that the applicants were brothers who used to reside in one room in the house of the complainant opposite party No. 2 and they used to engage in the business of selling Jaipuri Chunaris and sarees. The complainant also used to ferry clothes, and for this purpose he would purchase Jaipuri chunaris from the applicants. The complainant had actually made a payment of Rs. 1,300/- for a lo...
U.P. State Road Transport Corporation and ors. Vs. Vidya Tiwari and or ...
Court: Allahabad
Decided on: Oct-05-2004
Reported in: 3(2005)ACC8
ORDER1. Sri Daya Shankar Tiwari was a Junior Engineer in Irrigation Department. He along with his family members had gone to Jaunpur Bus Station on 4.6.1993 to catch the bus for Varanasi. He met with an accident at the Bus Station with the bus of the U.P. State Road Transport Corporation. He sustained injuries and later on died in the Hospital. His heirs filed a claim petition. This has been allowed on 27.3.1997. Hence the present appeal.2. We have heard Mr. Niraj Tripathi, Counsel for the appellants.3. The Corporation had taken up a plea that brake of the bus had failed and the driver has shouted for persons to move out and it was not the driver's fault. The Tribunal below after considering the evidence of the parties has recorded the finding that there was negligence on part of the driver. There is no illegality in this finding.4. The deceased was a Junior Engineer in the Irrigation Department. His income was Rs. 4,748/- per month. The Tribunal below has held that he must be contribu...
Raj Kumari Giri (Smt.) Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-04-2004
Reported in: (2005)1UPLBEC15
V.M. Sahai and Tarun Agarwala, JJ.1. We have heard Sri H.R. Misra, the learned Counsel for the petitioner, the learned Chief Standing Counsel appearing for respondent Nos. 1 and 2 and Sri Ravi Kiran Jain, Senior Advocate assisted by Sri Sanjay Sharma appearing for the respondent No. 4.2. On 1.10.2004, we had directed the learned Chief Standing Counsel to produce the record. The record have been produced today alongwith the order dated 1.10.2004 passed by the Principal Secretary Panchayati Raj, U.P. Government, Lucknow. Shri C.B. Yadav, the learned Chief Standing Counsel has placed the order dated 1.10.2004 which is taken on record.3. Sri C.B. Yadav and the learned Counsel for the respondents submitted that the writ petition could be disposed off finally even without serving respondent Nos. 3, 5 and 6. In any case one of the members of the committee is being represented by Sri Ravi Kiran Jain who has stated that he also does not propose to file counter affidavit and the matter can be de...
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