Allahabad Court November 2005 Judgments
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Union of India (Uoi) Through Central Organisation of Railway Electrifi ...
Court: Allahabad
Decided on: Nov-25-2005
Reported in: (2006)201CTR(All)527; [2006]285ITR362(All)
1. The title and description of the present petition is interesting one.It is Union of India v. Union of India. We do not know who is fighting and against, whom. It is sad that the learned Counsel appearing for Union of India and opposed by another counsel representing Union of India is not aware of the Supreme Court's judgments namely Oil & Natural Gas Commission and Anr. v. CCE (1994) 116 CTR (SC) 643 : 1995 Supp (4) SCC 541 (paras 3 and 4) followed subsequently in the case of Chief Conservator of Forests, Govt. of AP v. Collector and Ors. : [2003]2SCR180 . For convenience paras 3 and 4 of Oil & Natural Gas Commission and Anr. (supra) are reproduced below :3. We direct that the Government of India shall set up a Committee consisting of representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry of Government of India, Ministry and public sector undertakings of the Government of India and pu...
Sri Tapeshwari Prasad S/O Late Sri Gajodhar Prasad Vs. Vith Addl. Dist ...
Court: Allahabad
Decided on: Nov-24-2005
Reported in: 2006(2)AWC1630
S.U. Khan, J.1. This is tenant's writ petition. Original landlord respondent No. 3 R.N. Shukla since deceased and survived by legal representatives filed suit for eviction against tenant Gajadhar Prasad who died during the pendency of the proceedings before the Courts below and was survived by petitioner and pro forma respondents No. 4 to 6. The suit was Hied before Munsif City, Kanpur in the form of O.S No. 508 of 1969. The suit was later on transferred to the Court of IV Additional Munsif, Kanpur by District Judge through order-dated 28.5.1970. After coming into force of U.P. Civil Laws Amendment Act of 1972, District Judge transferred the suit to the Court of Additional JSCC, Kanpur who decreed the same on 7.11.1973. Against the said judgment and decree Civil Revision No. 223 of 1973 was filed. II Additional District Judge, Kanpur through judgment and order dated 17.1.1976, allowed the revision only on the ground of lack of jurisdiction on the part of Additional JSCC. U.P. Civil Law...
Abdul Gafoor S/O Manzoor Elahi Vs. Upsrtc Through Its Managing Directo ...
Court: Allahabad
Decided on: Nov-24-2005
Reported in: [2006(108)FLR642]
Sabhajeet Yadav, J.1. Feeling aggrieved against the order dated 26.7.1990 passed by General Manager, Uttar Pradesh Parivahan Nigam/U.P. Transport Corporation, Meerut, whereby the petitioner was held guilty of negligence constituting misconduct resulting which the Nigam has suffered a loss of Rs. 95,000/- and half of the amount of loss Rs. 47500/- suffered by the Nigam has been directed to be recovered from the salary of the petitioner at the rate of Rs. 200/- per month, the petitioner has filed above noted writ petition.2. The petitioners has come forward with the case, while he was posted as Junior Foreman (Elect) at Garh Depot, Garh Mukteshwar, Ghaziabad, an incident took place in the night of 31.8.89/1-9-89 at Garh Depot. The petitioner's duty on that day was from 5 P.M. in the evening till 2 A.M. in the next morning i.e. 2 A.M. of 1.9.1989. A bus U.G.L. 841 coining from Delhi going to Bareilly reached at Garh Depot about 10.30 P.M. on 31.8.1989. The Driver of the vehicle namely Sha...
Qamar Alam and anr. Vs. 2nd A.D.J. and ors.
Court: Allahabad
Decided on: Nov-24-2005
Reported in: 2006(2)AWC1232
S.U. Khan, J. 1. This is landlord's writ petition. Petitioners landlords filed S.C.C. Suit No. 255 of 1984 against respondents No. 2 to 5 Smt. Ram Kali and others before J.S.C.C. Meerut. In the plaint of the suit, it was alleged that plaintiffs were landlords and defendants were their tenants in the premises in dispute which was in the form of one room. Rate of rent was Rs. 2 per month. It was alleged in the plaint that the room in dispute was let out for residential purpose to Badlu Singh the original tenant and that after his death defendants became tenants who thereafter shifted their residence to their own house and sublet the room in dispute to Deep Chand and Tulsi who were using the same for tying and keeping cows and buffaloes for dairy purpose which they were running. It was also alleged that due to this act of tying catties the accommodation in dispute had been damaged. In this manner eviction was sought on the ground of damage to the building, subletting and inconsistent user...
Ajit Mehrotra Vs. Shyam NaraIn Mehrotra (D.) Through L.Rs. and ors.
Court: Allahabad
Decided on: Nov-24-2005
Reported in: 2006(74)AWC2736
Poonam Srivastava, J.1. Heard Smt. Sunita Agarwal, learned Counsel appearing for the petitioner and Sri Ravi Kant, Senior Advocate, assisted by Sri Abdul Shahid, advocate, appearing for the respondent No. 3, Sri Saurabh Srivastava, advocate filed caveat on behalf of respondent No, 6 ; Anup Mehrotra, assists Sri Shashi Nandan senior advocate, and Sri Ripu Daman Singh, advocate appearing on behalf of the respondent No. 3 Gopalji Mehrotra.2. This writ petition has been filed challenging the judgment and order dated 21,9.2005 passed by the I/C District Judge/Special Judge (S.C./S.T. Act) Kanpur Nagar in Civil Revision No. 577/74 of 2005, Ajit Mehrotra v. Shyam Narain Mehrotra and Ors. and order dated 30.7.2005, passed by the Civil Judge (Senior Division] Kanpur Nagar in Misc. Case No. 128/74 of 2004. By virtue of the impugned orders, an application on behalf of the petitioner under Order XXIII, Rule 3 read with Section 151, C.P.C. has been rejected. Facts giving rise to the dispute as deta...
Ram Kishan S/O Sri Rati Ram and ors. Vs. Trilok Chand S/O Sri Sadhu Ra ...
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006(2)AWC1494
Vineet Saran, J.1. Plaintiff Respondent nos. 1 to 5 filed suit No. 259 of 1995 before Civil Judge (Senior Division), Ghaziabad on 28.2.1995 praying for a decree of permanent prohibitory injunction restraining the respondent No. 7, Nagar Palika Dadri as well as Respondent No. 6, Nagar Parishad kannchari Mahasangh, Dadri from taking possession over the land in dispute and not to interfere in the peaceful possession of the plaintiffs over the said property.2. The dispute arose when on 5.2.1995 a foundation stone was laid by the then M.L.A. of the area inaugurating Nagar Parishad Karmchari Avas Colony over 2 Bighas of land which the plaintiffs respondents No. 1 to 5 claim that' they had purchased on 16.5.1983 from its owner Jeevan Lal, in whose favour the land was duly recorded by the order of the competent authority (Deputy Director of Consolidation) passed on 7.6.1961. An exparte injunction order was granted in favour of the Plantiff respondent nos. 1 to 5, which was thereafter confirmed...
Gulam Murtaza S/O AlliuddIn Vs. State of U.P. Through Principal Secret ...
Court: Allahabad
Decided on: Nov-23-2005
Reported in: [2006(108)FLR652]
Rakesh Tiwari, J. 1. Heard Counsel for the parties and perused the record.2. This writ petition is directed against the order dated 27.6.2003 passed by the Managing Director of the U.P. Rajkiya Nirman Nigam Ltd. rejecting the claim of the petitioner for grant of revised pay scale in accordance with the recommendations of 2nd and 3rd Pay Commissions.3. The petitioner has been working as Shovel Operator Grade II in the U.P. Rajkiya Nirman Nigam Ltd., Naini. Allahabad since 6.7.1981 in the pay scale of Rs. 400-750. One Santosh Kumar Pandey was also appointed as Shovel Operator Grade 1 in the U.P. Rajkiya Nirman Nigam Ltd. on 30.7.1981 in the pay scale of Rs. 500-1100. The grievance of the petitioner is that he sent several applications/representations to the Managing Director of the U.P. Rajkiya Nirman Nigam Ltd., Lucknow for conversion of his pay scale into the pay scale of Rs. 1400-2900 in accordance with the recommendations of 2nd and 3rd Pay Commission as has been granted to Sri Santo...
Sunil Kumar Shukla Son of Sri Ramesh Chandra Shukla Vs. Central Govt. ...
Court: Allahabad
Decided on: Nov-23-2005
Reported in: [2006(108)FLR390]
Shishir Kumar, J.1. The present writ petition has been filed for quashing the award-dated 7.8.1998 passed by respondent No. 1, Annexure-3 to the writ petition.2. The facts arising out of the present writ petition are that the petitioner was appointed in the Head Office of respondent No. 2 at Kshettriya Gramin Bank on 1.9.1986 as typist-cum-clerk at the rate of Rs. 20/- per day on a permanent and regular vacancy but no appointment letter in favour of the petitioner was issued. However, the petitioner had worked till 7.9.1987 and without any order, the services of the petitioner were terminated. It was assured by respondent No. 2 that he would be accommodated. When the petitioner was not given appointment, he raised a dispute before the Labour Court. Before the Conciliation Officer, there was no settlement, as such as required under Section 10, the matter was referred for adjudication. A written statement was filed on behalf of the petitioner to the effect mat the petitioner has complete...
Sunita Patel Wife of Sri Arvind Patel Vs. State of U.P. Through Secret ...
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006(2)AWC1429
Sushil Harkauli and Vikram Nath, JJ.1. Both these writ petitions involve common question of law. The facts are not disputed. Therefore, both the petitions are being decided by this common judgment.2. Writ Petition No. 69710 of 2005 relates to the election of the Member of Zila Panchayat from Ward No. 25, Salempur Bhaluani Anshik, district, Deoria. Polling was held on 20.10.2005. In the counting which took place on 27.10.2005, the petitioner - was found to have secured the highest number of 2712 votes and was declared successful by the Returning Officer on the same day. A certificate was also issued to that effect on 27.10.2005, which has been filed as Annexure-1 to the writ petition. It appears that hereafter there was some complaint, upon which recounting, re-tallying of votes was done and based upon that the Returning Officer subsequently issued another certificate on the same day in favour of respondent No. 5, which has been filed as Annexure-5 to the writ petition. Prayer has been ...
Budhwa Son of Chetta, Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006CriLJ1037
K.N. Ojha, J. 1. Instant application Under Section 482 Cr.P.C. has been moved by Budhwa and four Others residents of Mohalla Shivpuri, Qasba Rampur, police station Rampur, disttrict Saharanpur, against State of U.P. and opposite parties 2 to 9, who are private parties and are residents of the same Mohalla Shivpuri, for quashing the order dated 22:8.2005 passed by Upper Up Zila Magistrate in Criminal Case No. 7/2003-04, The State v. Budhwa and Ors. and order dated 21.9.2005 passed by learned Sessions Judge, Saharanpur in Criminal Revision No. 42 of 2005, Budhwa and Ors. v. The State of U.P. whereby a direction was made under Section 133 of Cr.P.C. directing the applicants to remove construction causing obstruction in public path situate in the aforesaid Mohalla Shivpuri.2. Heard Sri Ashfaq Ahmad Ansari, learned Counsel for the applicants, learned AGA and have gone through the record.3. The facts of the case is that Dheer Singh and seven others of the Mohalla Shivpuri moved application i...
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