Allahabad Court November 2005 Judgments
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Akhtar and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006(2)AWC1489
Poonam Srivastava, J.1. Heard Sri M. D. Singh Shekhar, learned Counsel for the petitioners and Sri S.F.A. Naqvl, advocate for the contesting respondents.2. The orders dated 23.8.2004 (Annexure-6 to the writ petition) passed by the Civil Judge (Junior Division), Mau in Original Suit No. 285 of 2003 allowing the application 14-Ga whereby the plaint has been dismissed for want of jurisdiction and also judgment and order dated 23.9.2005 (Annexure-8 to the writ petition) passed by the District Judge, Mau in Civil Revision No. 79 of 2004 confirming the said order are impugned in this writ petition.3. The facts giving rise to the dispute is that an Original Suit No. 285 of 2003 was instituted in the representative capacity in respect of Arazi No. 186 (old) new No. 134 having an area 856 Kari, situated in Mauja Baragaon, Tappa Haveli, Pargana and Tehsil Ghosi claiming relief of permanent injunction and to restrain the defendant-respondents from interfering in the right of the plaintiffs in bur...
Lalit Kumar Jauhari (D) Through L.Rs. and ors. Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006(2)AWC1603
Shishir Kumar, J.1. By means of the present writ petition the petitioners have approached this Court for issuing a writ of certiorari quashing the order dated 14.3.1996, Annexure-3 to the writ petition and order dated 27.11.2000, Annexure-4 to the writ petition.2. The facts arising out of the present writ petition are that one Ram Swaroop Jauhari (now deceased) filed Suit No. 433 of 1963 against the tenant seeking eviction and arrears of rent. The said suit was decreed on 23.2.1968. The aforesaid decree has been confirmed by the appellate court and the Second Appeal No. 1409 of 1973 was also dismissed by the judgment and decree dated 24.3.1979. After dismissal of the second appeal, an execution proceeding was initiated which was numbered as Execution Case No. 19 of 1980. The defendant-respondents filed an objection under Section 47, C.P.C., which was rejected by the executing court on 13.10.1983. A revision was preferred and the same is still pending. During the pendency of the revisio...
Ram Briksh Yadav and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-23-2005
Reported in: 2006(3)AWC2452
R.P. Yadav, J.1. By means of this writ petition under Article 226 of the Constitution of India, the petitioners have sought the quashing of the order dated 16.2.2005, passed by Collector. Maharajganj (Annexure-1) pursuant to the order dated 22nd July, 2004, passed by this Court in Writ Petition No. 709 (SS) of 1991 and also for a direction to the opposite parties to allow the petitioners to continue in service with all consequential benefits.2. Petitioners 1 to 5 were appointed as Seasonal Collection Amins in Tahsil Sadar of District Maharajganj on different dates between 27th July, 1988 and 27.1.1989, respectively and they have been working as such. It would be significant to note that there are two categories of Seasonal Collection Amins, one regular collection amins and the other seasonal collection amins. The services of Collection Amins are required for recovering the various Government dues. Regular Collection Amins are appointed on the basis of the test in accordance with the pr...
Kripa Shankar Dwivedi Son of Shri Ranjit Ram and ors. Vs. U.P. State E ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: (2006)IILLJ687All
Vikram Nath, J.1. This intra Court appeal has been filed against the judgment of learned single Judge dated 8.12.1995 passed in Writ Petition No. 33969 of 1992 dismissing the writ petition.2. The appellants were the erst while employees of the Mirzapur Electric Supply Company (in short the Company) which was taken over by U.P. State Electricity Board (in short the Board) on 01.09.1975 i.e. the date when the licence of the Company was revoked. Before the taking over by the Board the appellants and several other employees were retrenched on 15.11.1974 by the company. In this respect the appellants raised an industrial dispute, which was pending before the Industrial Tribunal on the date of taking over by the Board, However, for the aforesaid reason the appellants were not taken in employment by the Board even though all other employees of the Mirzapur Electric Supply Company were taken in employment by the Board. The appellants industrial dispute in respect of their retrenchment which wa...
Dr. (Smt.) Sushila Gupta Wife of Dinesh Chandra Gupta, Officiating Pri ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006(2)AWC1561
A.P. Sahi, J.1. The dispute in the present writ petition pertains to the appointment on the post of Head-mistress of an institution, which was initially established and recognized as a Junior High School and was also receiving the grant-in-aid from the State funds up to that level but was later on granted recognition vide orders dated 1.8.1992 and 14.9.1995 as a High School and then as an Inter College under the provisions of the U.P. Intermediate Education Act, 1921.2. The controversy arose when the permanent Headmistress/Principal of the institution Smt. Sarla Dixit retired on 30.6.1999. The petitioner Smt. Sushila Gupta was placed under suspension which came to be disapproved, but instead of the petitioner, one Smt. Kusum Srivastava was allowed to officiate as Principal who also retired on 30.6.2001. Instead of giving charge to the petitioner to officiate as the Head-mistress/Principal of the institution, the Management favoured one Smt, Shashi Prabha Mishra, who according to the pe...
Ram Kishan S/O Puran Vs. State of U.P.
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006CriLJ1775
Mukteshwar Prasad, J.1. Accused Ram Kishan, Shrikant, Mohan, Genda Lal and Ram Babu have preferred this, appeal against the judgment and order-dated 13.11.1981 passed by Sri B.B.S. Chaudhary. the then Additional Sessions Judge, Kanpur in ST. No. 485 of 1980 whereby he convicted all the aforesaid accused and one Ram Adhar also under Section 399/402 I.P.C. and each of them was sentenced to suffer rigorous imprisonment for a period of four years and three years respectively thereunder. Accused Mohan, Shrikant and Genda Lal were further found guilty under Section 25 of the Arms Act and each of them was sentenced to suffer rigorous imprisonment, for a term of two years. All the sentences of each accused were directed to run concurrently.2. Appellant Genda Lal, in Criminal Appeal No. 2815 of 1981, expired during pendency of the appeal and as such, the appeal filed by him abated vide order of the Court dated 25.5.2004.3. Since all the four appeals have arisen out of a common judgment dated 13...
The British India Corporation Ltd., Cawnpore Woollen Mills Branch Thro ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006(2)AWC1511; [2006(109)FLR460]
Umeshwar Pandey, J.1. Heard Sri V.K. Tewari, learned counsel for the appellants and Sri R.K. Mishra holding brief of Sri J.N. Singh, learned counsel for the respondents.2. This second appeal arises out of the judgment and order dated 31.8.1990 passed by the 13th Additional District Judge, Kanpur Nagar.3. The respondent-plaintiff filed a suit for declaration that the termination of his service as Assistant Electrical Engineer with the defendant-British India Corporation Ltd. i.e. 20.8.1979 is illegal and ultra-virus and he is still continuing in service. The plaintiff was in service with the defendant-appellant since 1955 and from time to time he was receiving his promotion in different capacities namely supervisor in electrical department and as Assistant Engineer (Electrical) with due increase in his salary. Lastly, he was receiving salary of Rs. 1312.50 per month. He had been awarded for commendable service during his tenure of service with the defendant. During continuance of his se...
In Re: Scheme of Arrangement (Restructuring of Debts) the Simbhaoli Su ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: (2006)5CompLJ113(All)
Sunil Ambwani, J. 1. This is a petition for obtaining sanction of the Scheme of Restructuring (in short, the Scheme), without any modification,between petitioner's company and its secured creditors, to reduce the interest liability on the debt burden on the petitioner company. The Scheme, was prepared by State Bank of India through its Industrial Finance Branch, New Delhi, the leader of the working capital consortium to the petitioner-company under the Corporate Debt Re-structuring Mechanism (CDR' Mechanism),and submitted to the Corporate Debt Restructuring Forum ('CDR Forum') set up by the Reserve Bank of India as a package to the company involving re-phasing of repayment of the existing terms loans and debentures, and induction of fresh funds, to the extent of erosion in the working capital of the petitioner's company.2. The 'CDR Mechanism' set up by the Reserve Bank of India vide its Circular dated 23.8.2001, ensures a timely and transparent mechanism for the restructuring of the co...
Devdutt Singh Son of Shri Shivnath Singh Vs. the Labour Court,
Court: Allahabad
Decided on: Nov-22-2005
Reported in: [2006(108)FLR350]
Bharati Sapru, J.1. The present petition has been filed against an order dated 27.8.1997 in proceedings under Section 33C(2) of the Industrial Disputes Act, 1947.2. I have heard learned Counsel for the petitioner, Sri A.K. Saxena learned Counsel appearing on behalf of the respondents and have perused the entire record.3. I have examined the application filed by the petitioner under Section 33C(2) in which two prayers have been made. The prayers relate to the grant of promotional benefits. It is yet to be seen whether the promotion has been granted or not on the post of Store keeper The Court below has correctly come to the conclusion that in proceedings under Section 33C(2) of the Act, these prayers cannot be granted.4. It is a well-established notion of law that the proceedings under Section 33C(2) of the Act are in the nature of the execution proceedings and building a new case lor gran! of promotional and other benefits cannot be raised in such proceedings which are summary in natur...
Brij Lal Yadav Son of Sri Chandrabali Yadav Vs. Indian Oil Corporation ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006(2)AWC1623
Saroj Bala, J.1. Through this writ petition, the petitioner seeks an order or direction in the nature of Certiorari quashing the impugned order dated 21.10.2002 (Annexure-7 to the writ petition) passed by General Manager, U.P. State Office, Indian Oil Corporation Ltd., Lucknow, Respondent No. 1. The petitioner further seeks a writ in the nature of Mandamus commanding the respondents to revive the letter of appointment dated 10.05.2002 and to permit him to commence business of dealership of petrol/diesel at Ambari, Tehsil Phulpur, District Azamgarh.2. The factual matrix emerging from the record of the writ petition is as follows:-In pursuance of an advertisement, made sometime in the year 2001 for dealership of retail outlet of petrol/diesel at different places including Ambari, District Azamgarh, the petitioner applied for dealership on the prescribed application form, which accompanied the copy of the brochure. After interview, the respondent Corporation issued a letter of intent date...
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