Allahabad Court April 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jc-617275-f Sub. Nanda Bahadur Ale Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-08-2004
Reported in: 2004(4)AWC3428; (2004)3UPLBEC2386
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. In brevity the facts of the case are that the petitioner was recruited in Indian Army and was working as JC in 6/5 Gorkha Rifles. He was tried by Court Martial vide charged sheet dated 18.9.2003 under Section 123 of Army Act for the following charges :(1) Committing a Civil offence, that is to say, for any purpose prejudicial to the safety or interests of the State, communicating to a person any information or document which is intended to be directly or indirectly useful to the enemy, contrary to Section 3(1)(C) of the Official Secrets Act, 1923, in that he at Kathmandu (Nepal), between 28th February, 1999 and 19th March, 1999, which came to the knowledge of the authority competent to initiate action on 19th September, 2001, for a purpose prejudicial to the safety or interests of the State, communicated to Intelligence Agents of Pakistan, the following information and documents in relation to 6/5 Gorakha Rifle...
Vishwa Nath Agrawal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-08-2004
Reported in: 2004(4)AWC3604; [2005]128CompCas452(All)
Janardan Sahal, J.1. On the winding up of SIDCO Leathers the properties of that company were brought to sale. The official liquidator after obtaining sanction from the Court invited tenders by public advertisement. The properties were to be sold in two lots : the first being the land and building of the company and the second plant and machinery. The bid of the petitioner being the highest Rs. 10 lacks for lot No. 1 and Rs. 45 lacks for lot No. 2 was accepted and subsequently confirmed by the Company Judge. A deed which is the subject matter of this petition styled as a certificate of sale was also executed by the official liquidator in favour of the petitioner.2. Proceedings were then initiated under Section 47A of the Indian Stamp Act in respect of the 'sale certificate'. The contention of the revenue is that the instrument in question is a conveyance and duty is payable thereon under Article 23 of Schedule 1B of the Indian Stamp Act. The contention of the petitioner is that the inst...
Ram Jatan Ram Vs. Chief Engineer (Vyasthapan Varg Iii) and ors.
Court: Allahabad
Decided on: Apr-07-2004
Reported in: 2004(4)AWC3427; (2004)2UPLBEC2057
Vineet Saran, J. 1. The petitioner was initially appointed as a Fireman in the Public Works Department at Ballia on work charge basis. From 26.8.1966 to 28.2.1977 the petitioner worked as Fireman-cum-Cleaner. With effect from 1.3.1977 the petitioner claims that he was officiating as Roller Driver. However, his regular appointment was made in the year 1978 on the post of Roller Fireman. Since the petitioner claims that he had actually been working on the post of Roller Driver from 1.3.1977, by means of this writ petition he has prayed for a direction to the respondent No. 4 to pay the difference .of salary to the petitioner treating him to be working on the post of Roller Driver with effect from 1.3.1977 and continue to pay him on the said post of Roller Driver regularly month by month. A further prayer has been made for quashing the order dated 11.12.1991 whereby the Respondent Nos. 5 and 6, who are work charge employees, had been promoted as Roller Driver. However, since in the counte...
Ram Awadh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-07-2004
Reported in: (2004)2UPLBEC2059
Umeshwar Pandey, J. 1. The U.P. Public Service Commission in the year 1981 had advertised vacancies for recruitment in the posts of Block Development Officers and other allied services. In pursuance thereto the petitioner as a candidate of the reserved category of Other Backward Classes (hereinafter referred as 'OBC') had offered his candidature and made an application for the recruitment. After his having qualified in the written test as well as in the interview, his name appeared in the final result, which was declared on 10.6.1983. The petitioner was shown at No. 1 in the OBC category of the waiting list approved by the Public Service Commission (hereinafter referred as 'the Commission'). The Commission with its recommendations sent the merit list as well as waiting list to the Government. As some candidates selected in the category of OBC did not join the service and they intimated their intention to the Commission as well as the Government in writing, the appointment in the vacanc...
Northern Coal Fields Ltd. (Bina Project) Vs. Central Government Indust ...
Court: Allahabad
Decided on: Apr-06-2004
Reported in: 2004(3)AWC2553; [2004(102)FLR254]; (2004)2UPLBEC1647
Arun Tandon, J.1. Heard Sri Dinesh Dwivedi and Sri S.M. Dayal, learned Counsels for the petitioner, and Sri B.N. Singh, learned Senior Counsel for the Union of India-respondents.2. This writ petition is directed against the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur dated 31st July, 1989.3. The facts of this case are that Kanhaiya Prasad was appointed as Craftsman Trainee Category I in the employment of Northern Goal Fields Limited (Bina Project), P.O. Bina Project, Distt. Sonbhadra under the terms and conditions mentioned in the appointment letter (Annexure II to the writ petition). The appointment had been offered on an initial basic wage of Rs. 15/- per day in daily rated pay scale of Rs. 25-00.26--18.12. In the terms and conditions of the appointment, it is mentioned that in the first year of training the workman will be entitled to wages meant for the Company's workers in Category I as per National Coal Wage Agreement Classification and during the...
Birendra Kumar Shukla Vs. National Textile Corporation (U.P.) Limited, ...
Court: Allahabad
Decided on: Apr-06-2004
Reported in: (2004)2UPLBEC2105
R.B. Misra, J.1. Heard Sri T.N. Tiwari, learned Counsel for the petitioner and Sri V.B. Singh, learned Senior Advocate, along with Sri Vijay Sinha, learned Counsel for National Textile Corporation Limited, Kanpur/respondent Nos. 1 and 2.2. In this petition prayer has been made seeking writ of mandamus to the respondent to consider the petitioner for up-gradation and placement in the grade of Rs. 500-900/- (new grade of Rs. 1640-2900/-) from his existing grade of Rs. 425-700/- (new grade of Rs. 1400-2300) with effect from 1.9.1988. Further prayer has been made for quashing the order dated 6.4.1994 (Annexure-11 to the writ petition), whereby the representation of the petitioner in the light of the order dated 13.1.1994 passed by this Court in Writ Petition No. Nil of 1993 (Birendra Kumar Shukla v. The Chairman-cum-Managing Director, National Textile Corporation (U.P.) Limited, Kanpur and Anr.) was considered and rejected with an assurance that the Departmental Promotion Committee to be c...
Dhanesh Kumar Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-06-2004
Reported in: (2004)3UPLBEC2297
Sunil Ambwani, J.1. Heard Counsel for petitioner and learned Standing Counsel for respondents.2. The Respondent No. 5 is senior most teacher in lecturer's grade in the institution. On the retirement of permanent Principal, he took over charge as officiating Principal in July, 2002. In April, 2003, he gave in writing that on account of illness, he shall not be able to continue as officiating Principal and thus the second senior most person namely Sri Subhash Chandra Gupta was appointed as officiating Principal. Sri Subhash Chandra Gupta resigned on 25.11.2003 on the ground of some domestic circumstances after which the third senior most person Sri Adarsh Kumar was offered to officiate as Principal. Sri Adarsh Kumar declined to accept the office of officiating Principal as he was going to retire on 30.6.2004. In these circumstances, the authorised Controller handed over charge of the officiating Principal to the 4th senior most teacher on 25.11.2003. It is at this stage the Respondent No...
Ajai Pal Singh Vs. Teerath Raj Tripathi and ors.
Court: Allahabad
Decided on: Apr-06-2004
Reported in: 2004(3)AWC2645
ORDERS.P. Mehrotra, J.1. The present contempt petition purporting to be under Section 10/12 of the Contempt of Courts Act, 1971 has been filed by the petitioner/applicant, inter alia, praying for punishing the opposite parties for having committed contempt of this Court by flouting the interim order dated 28.5.1992 passed by this Court in Civil Misc. Writ Petition No. 25785 of 1992.2. It may be mentioned at the out-set that one Dayanand Srivastava was impleaded as the opposite party No. 7 describing him as the 'Dy. Superintendent of Police, Pro-Vigyan Branch, Kanpur City'.3. The present contempt petition was filed on 26.4.1993. On 27.4.1993, this Court passed the following order directing for issuance of show cause notice to the opposite party No. 7 (Dayanand Srivastava) :'Issue notice. Opposite party No. 7 Sri Dayanand Srivastava is directed to appear in person or through counsel to show cause by filing counter-affidavit why action for disobedience of the Order dated 28.5.1992 be not ...
Vimla Devi Vs. Ram Babu
Court: Allahabad
Decided on: Apr-06-2004
Reported in: II(2004)DMC639
M. Katju, J.1. Heard learned Counsels for the parties.This appeal has been filed against the impugned judgment of the Court below dated 29.10.1998 by which the respondent's petition for divorce has been decreed.2. The respondent had filed a petition for divorce against the wife on the ground of mental as well as physical cruelty.3. In paragraph 12 of the petition for divorce it was alleged by the husband that the wife has started making allegation against the character of the husband, In paragraph 11 of the petition it is alleged that the wife had filed a criminal case against her husband, which was found to be false. In paragraph 11 of the written statement filed by the wife it is stated that the husband is having an affair with his Bhabhi's sister. The Court below has found that there was no evidence in support of this allegation of the wife, and we see no good reason to disagree with the Court below on this point.4. There is a long line of decisions holding that false, scandalous, m...
Nand Auto Hire Purchase Pvt. Ltd. Vs. Regional Transport Officer/Licen ...
Court: Allahabad
Decided on: Apr-06-2004
Reported in: AIR2004All404
ORDER1. Heard learned counsel for the parties.2. The petitioner is challenging the demand of road tax in respect of truck No. U. P. 78-N/8638 by order dated 3-6-2003 (vide Annexure 2 to the writ petition).3. There was an earlier litigation being writ No. 5806/2002 which had been decided by a Division Bench of this Court, on 8-5-2003. The facts are given in the judgment, copy of which is Annexure I to this petition. In that decision a direction was given that M/s. Nav Instalments will be treated as the financer of the truck.4. In para 4 of the petition it is stated that the petitioner has handed over the truck in question to M/s. Nav Instalments, and has now nothing to do with the truck, and is not liable to pay the taxes in respect of the truck.5. Learned counsel for the petitioner has submitted that the road tax should be realized from M/s. Nav Instalments, and not the petitioner, which is a different legal entity.6. The petitioner M/s. Nand Auto Hire Purchase Private Ltd. is a privat...
- ‹ Prev
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 12
- 13
- Next ›
- Last »