Allahabad Court November 2005 Judgments
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Maya Spinners Ltd. and ors. Vs. State Bank of Indore and ors.
Court: DRAT Allahabad
Decided on: Nov-09-2005
Reported in: II(2006)BC215
1. This appeal has been preferred against the order dated 1st October, 2001 passed by the D.R.T., Jabalpur in Original Application No.380/2000, whereby and whereunder, the appellants for permitting them to cross-examine the witnesses of the Bank and allowing them liberty to file their counter-affidavit in evidence after cross-examination is over, has been rejected.2. Such order dated 1st October, 2001 was challenged by the appellants before the Hon'ble Madhya Pradesh High Court in writ petition No.5044/01. Various other writ petitions were also filed wherein moot question involved was as to the right of appeal against interlocutory order. The matter was referred to a Full Bench and ultimately Full Bench decided that the appeal may be maintainable against interlocutory orders also under the RDDBFI Act. Regarding merit a legal question with respect to the right of cross-examination of the borrowers of the Bank officials have also been considered while deciding that writ petition and it ...
Punjab and Sind Bank Vs. Sterling Malt and Food (P) Ltd. and
Court: DRAT Allahabad
Decided on: Nov-09-2005
Reported in: III(2006)BC1
This appeal has been preferred against the final judgment and order passed in T.A. No. 387/98, whereby and whereunder the claim of the appellant Bank for a sum of Rs. 23,35,565.92 has been rejected on the ground that the case was not maintainable as there was already compromise between the appellant and the respondents.1. Respondent No. 1 Sterling Malt and Food (P) Ltd. is a Private Company registered under Indian Companies Act having its registered office at New Delhi and Factory at District Moraina, Madhya Pradesh. It was manufacturing malts. Other respondents are its Directors and guarantors. The loan was taken by the company time-to-time and enhancement was also made and ultimately loan account of the respondents became sticky, when an amount of Rs. 23.00 lakh and odd as mentioned above had remained unrecovered. A suit was filed before the Court of District Judge, Gwalior, M.P. for recovery of said sum together with interest pendente lite and future and also for costs and the same...
Birendra Nath Rai Son of Kesari Kumar Rai, Lecturer in History, J.M.R. ...
Court: Allahabad
Decided on: Nov-09-2005
Reported in: 2006(2)AWC1177
Sabhajeet Yadav, J.1. The petitioner has filed the above noted writ petition seeking a writ of certiorari for quashing the order dated 2/3rd July, 1991 passed by District Inspector of Schools, Ghazipur contained in Annexure 3 of the writ petition whereby the petitioner's appointment on the post of lecturer in History' has been disapproved by cancelling or modifying/reviewing the earlier order of approval dated 4.3.1987 and the respondents 3 was permitted to work as lecturer in History in the institution in question.2. The brief facts of the case are that Jharkhandey Mahadev Rashtriya Inter College is a recognised institution (hereinafter referred to as the institution) Under U.P. Intermediate Education Act, 1921. The Institution is also receiving grants in aid out of State fund for the purpose of payment of salary to the Staff of institution under the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act, 1971, herein after ...
Kamta Prasad Tripathi Son of Sri Shiv Kumar Tripathi and Sanjiv Kahol ...
Court: Allahabad
Decided on: Nov-09-2005
Reported in: [2006(108)FLR387]
Rakesh Tiwari, J.1. Heard Shri Ashok Khare, Senior Advocate assisted by Shri K.C. Shukla for the petitioners and Shri G.D. Misra for the contesting respondents.2. This petition has been filed challenging the validity and correctness of the oral termination order dated 10.2.2004 passed by the General Manager, Dugdh Utpadak Sahkari Sangh Ltd., Begrajpur, District Muzaffarnagar (respondent No. 4). By the impugned order the respondent No. 4 has stopped the petitioners to work on the post of Computer Operator.3. The petitioners have further sought a writ of mandamus directing the respondents to absorb them in service and not to disturb their peaceful working on the post of Computer Operator. The third relief sought by the petitioners is that the respondents be commanded to appoint them on the post of Computer Operator or on any other suitable post in the Dugdh Utpadak Sahkari Sangh Ltd. and treat them as regular/permanent employees and pay them regular salary with all other benefits as are ...
Jabar Singh S/O Sri Hari Singh Vs. Iv Additional District and Sessions ...
Court: Allahabad
Decided on: Nov-09-2005
Reported in: AIR2006All43
D.P. Singh, J.1. Heard learned counsel for the parties.2. This petition is directed against a revisional order dated 3.11.1988 by which the auction sale in favour of the petitioner has been set aside.3. Having obtained a money decree in suit No. 58 of 1972 against the predecessor-in-interest of the contesting opposite parties, the petitioner filed an Execution Case No. 12 of 1975. After rejection of the objections, the agricultural land of the judgment debtor was put to auction on 18,4.1980. wherein the petitioner decree holder was also permitted to bid. His being the highest bid was accepted and he deposited the 25% and for the remaining 75% he made a tender to deposit the amount in court on 2nd May, 1980 and after the tender was passed he deposited the entire sale amoxint on 6th May, 1980 and the sale was confirmed in his favour and he was put in possession of the disputed property. After more than five years, the contesting respondent filed an objection dated 91h August, 1985 claimi...
Surya Deo Tyagi Vs. Chandradeo Tyagi and ors.
Court: Allahabad
Decided on: Nov-09-2005
Reported in: 2006(2)AWC1090
Anjani Kumar, J. 1. Heard Sri Manoj Misra, learned Counsel appearing on behalf of the petitioner and Sri W. H. Khan, learned Counsel who has accepted notice on behalf of respondent Nos. 2 and 3 as well as Sri Vijay Prakash, learned Counsel for respondent No. 1.2. The petitioner-defendant aggrieved by an order passed by the lower appellate court dated 21st February, 2005, by which application under Order XLI, Rule 27 of the Code of Civil Procedure filed by the appellant-respondent for adducing additional evidence has been allowed thereby 29 documents were accepted on record, approached this Court by means of present writ petition under Article 226 of the Constitution of India.3. Learned Counsel for the petitioner-defendant submitted that the date of application for adducing additional evidence is itself 21st February, 2005 and on the same date, the application filed by the appellant-respondent was allowed without giving any opportunity to the petitioner to raise his objection as to why ...
Mithlesh Kumar Tripathi S/O Late Shri V.S. Tripathi Vs. the Commission ...
Court: Allahabad
Decided on: Nov-08-2005
Reported in: (2005)199CTR(All)511; [2006]280ITR16(All)
A.K. Yog, J.1. Aforementioned six Writ Petitions, under Article 226, Constitution of India with identical factual matrix giving rise to common questions of law, with the consent of the learned counsel for the parties have been connected to be heard together and decided by a common judgement.2. For convenience, we refer to the facts of the leading case- viz. Writ Petition No. 1046 of 2005- Mithlesh Kumar Tripati v. The Commissioner of Income Tax and Ors. 3. Mithlesh Kumar Tripathi and Smt. Seema Tripathi, the two petitioners in the above six writ petitions three each happens to be husband and wife who have been filing their 'returns' with Income Tax Permanent Account No. ABUPT 3610 Q and ACEPT 6474 H.4. As envisaged Under Section 132(1), Income Tax Act, 1961 (called 'the Act') a search was carried out at the office premises of the petitioners at 3B, Sagar Apartments, Tilak Road, New Delhi on 10-10-2002. Separate cases for three Assessment years; viz. 1998-99, 1999-2000 and 2000-2001, we...
Kali Charan, Vs. Additional Collector,
Court: Allahabad
Decided on: Nov-08-2005
Reported in: 2006(1)AWC813
V.C. Misra, J.Heard learned counsel for the parties at length and perused the record.1. This writ petition has been filed challenging the Judgments and Orders dated 19.9,1984 and 30.6.1984 passed by respondents No. 1 and 2 respectively by which the petitioners were declared to be in illegal possession and were to be dispossessed from the land in question and also to pay a sum of Rs. 24,675/- to the Gaon Sabha as damages.2. The facts of the case in brief are that during consolidation proceedings in district Aligarh Tehsil Hathras the Gaon Sabha of village Lutsan as per the earlier decision of Land Management Committee (in short LMC) after due publication by beat of drum decided to allot plot No. 741/1 'vested in it and left as bachat land being uneven and uncultivated. No one came forward to take this plot except the petitioners. The said plot was allotted in their name and they invested money as alleged by the petitioners to the tune of Rs. 10,000/- and laboured hard to make it even an...
Shri Virendra Pratap Gupta Son of Shri Shyam Lal Vs. the Regional Mana ...
Court: Allahabad
Decided on: Nov-08-2005
Reported in: 2006(2)AWC1517
Sabhajeet Yadav, J.1. The brief facts giving rise cause of action of instant writ petition is that the petitioner was initially appointed vide order dated 5.4.1973 as Marketing Inspector in Food and Civil Supplies, Department of Govt. of Uttar Pradesh by Regional Food Controller in Ravi Procurement Scheme on temporary basis. His services were liable to be terminated at any time. Thereafter he was again appointed on 8.4.1981 under the same scheme on seasonal basis on the aforesaid post to be ended by 31st July. 1981. On 20.4.1983 he was again appointed on the aforesaid post under the said scheme for a short period of 3 months to be ended by 31.7.1983. Later on vide order dated 1 1.4.1987 the petitioner was again appointed on the post of Marketing Inspector on seasonal basis to be lasted by 31.7.1987. These orders of appointment are on record. Feeling aggrieved against such time bound temporary and seasonal appointment, the petitioner approached this court by filing above noted writ peti...
Jai Prakash Lal S/O Late Brahm Deo Lal Vs. Government of India Through ...
Court: Allahabad
Decided on: Nov-08-2005
Reported in: [2006(108)FLR648]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner has prayed for quashing of the order dated 3.7.2003 passed by the Regional Director (Administration), Government of India, Central Under Ground Water Board, N.H.- IV, Faridabad, Haryana. The petitioner has further prayed for a writ in the nature of mandamus commanding the respondent to grant the petitioner an appointment on compassionate ground or issue any other writ, order or direction which this Court may deem fit and proper in the circumstances of the case.3. The brief facts of the case are that Late Sri Brahm Deo Lal, father of the petitioner, was a Class IV employee in the Central Under-ground Water Board (C.G.W.B.) Division V at Ranchi. He died in harness on 16.8.1995 leaving behind his widow and the son (petitioner) who was minor at that time having been born on 20.6.1981.4. The wife of late Sri Brahm Deo Lal/mother of the petitioner made an application dated 20.10.1997 for appoin...
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