Allahabad Court November 2005 Judgments
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Union of India (Uoi) Through Its Secretary, Ministry of Railways and G ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006(2)AWC1559
B.S. Chauhan, J.1. This writ petition has been filed against the judgment and order dated 21.10.2005 (Annex. 19), passed by the Central Administrative Tribunal, Allahabad, by which the learned Tribunal refused to entertain the Application in view of the provisions of Section 20 of the Central Administrative Tribunal Act, which provides that the Tribunal shall not entertain the Application unless the statutory remedies are exhausted, and thus, the respondent-employee has been asked to exhaust the statutory remedy of appeal. However, while disposing of the said application, the learned Tribunal has granted interim relief till the appeal is decided by the statutory authority.2. Hence, this writ petition is only against raising the grievance that the Tribunal has exceeded its jurisdiction and granted the interim relief till the appeal is decided.3. We have heard Shri B.B. Paul, learned Counsel for the petitioners. It has been urged by him that the Tribunal could not have granted the interi...
insan Ali Son of Ibarat Ali Vs. Deputy Director of Consolidation and o ...
Court: Allahabad
Decided on: Nov-22-2005
Reported in: 2006(2)AWC1227
S.N. Srivastava, J.1. Heard learned counsel for the petitioner as well as learned Standing Counsel.2. From the materials on record, it transpires that the land in dispute was recorded as Gaon Sabha property. It was never recorded in the name of petitioner. It further transpires that in the proceedings under Section 20 of the U.P.C.H. Act, petitioner moved an application for impleadment on the ground that he is in actual possession of Plot No. 119 situated to the North of Basti-Mehdawal Road, though recorded as Gaon Sabha property, but it was wrongly allotted to Abdul Hakim. This application was rejected with the direction that in case petitioner is aggrieved, he may initiate regular proceedings and in the allotment proceedings, he cannot be impleaded as an Opp. Party. On revision preferred by the petitioner against the said order, notices were issued and records were called for by the order dated 5th August, 2004. On 13th October, 2004, the revision was dismissed in default. On an appl...
Shri Kishore and anr. Vs. Roop Kishore
Court: Allahabad
Decided on: Nov-22-2005
Reported in: AIR2006All103; 2006(2)AWC1486
ORDERVineet Saran, J.1. Petitioners Shri Kishore and Bacchan Babu as well as respondent Roop Kishore are all real brothers having their landed properties situated in the village. After the death of their father, they inherited the property in the ratio of 1/3rd share each. According to the petitioners, on 27.2.2001 a family partition took place between the three brothers in presence of the Panchayat and other witnesses, in which the respondent Roop Kishore left his1/3rdi share in favour of the petitioners, after taking a sum of Rs. 22,000/- in lieu of his share in the property. Thereafter, on 12.3.2001, respondent Roop Kishore filed Original Suit no. 126 of 2001 against the petitioners in the court of Civil Judge (Junior Division), Aligarh for partition of his 1/3rd share in the joint property. The said suit was contested by the defendant-petitioners. The trial court, vide its Judgment and Order dated 16.11.2002, dismissed the suit of the plaintiff-respondent with cost. Against the sai...
Misri Lal Son of Lila Dhar Vs. 3rd Additional District Judge and ors.
Court: Allahabad
Decided on: Nov-21-2005
Reported in: 2006(2)AWC1633
S.U. Khan, J.1. Heard learned Counsel for the tenant-petitioner. No one appeared for landlord respondents or their legal representatives in spite of sufficient service.2. This is tenant's writ petition arising out of S.C.C. Suit No. 112 of 1979 filed by landlords-respondents Chandra Pal, Shrimati Mishri Devi and Shrimati Angoori Devi. Suit was filed before J.S.C.C. Aligarh. In the plaint it was stated that plaintiffs were the landlords and defendant-petitioner was tenant of the building in dispute, which was let out to him on 1.7.1978; that rate of rent was Rs. 200/- per month, that since the start of tenancy no rent had been paid and that tenant had made material constructions in the building in dispute. It was also stated in para 3 of the plaint that property in dispute had been taken on rent by the tenant for using the same as godown. It was no where stated in the plaint that eviction was also sought on the ground of inconsistent user. Tenant filed written statement stating therein ...
Ajay Kumar Tripathi Son of Om Prakash Tripathi Vs. Hindustan Aeronauti ...
Court: Allahabad
Decided on: Nov-21-2005
Reported in: [2006(108)FLR960]
D.P. Singh, J.1. Heard learned counsel for the petitioner. None appears for the respondents, even in the revised list. Perused the counter affidavit.2. The petitioner, after completing his Diploma in Mechanical Engineering from the Institute of Engineering and Rural Technology, Allahabad, underwent Apprenticeship for a year as Mechanical Engineer Technician in the respondent organization. He was declared successful in the examination held for recruitment as 'Diploma Trainee' (Mechanical) by the respondent establishment and an offer of appointment dated 29th March, 2001 was issued to him. During a routine screening test, he was diagnosed as Hepatitis B positive and thus was not appointed and was asked to again report for medical examination on 28.9.2001, but this date was changed to 10th . October, 2001, when the petitioner was got examined in a private pathological clinic it diagnosed that he was still Hepatitis B positive. By the impugned order dated 29th October, 2001, the offer of a...
Ravindra Pal Singh Son of Sri Kulwant Singh Vs. Housing Commissioner/R ...
Court: Allahabad
Decided on: Nov-21-2005
Reported in: 2006(2)AWC1571
Rakesh Tiwari, J.1. Heard Sri Arun Kumar for the petitioner and Sri H.R. Misra for the respondents.2. The petitioner Sri Ravindra Pal Singh claims himself to be appointed as the Honorary Secretary of the 509 Army Base Workshop Workers Sahkari Avas Samiti Ltd., Agra vide order dated 1.7.2005 passed by the Administrator. It is a primary Urban Housing Society registered under the provisions of the U.P. Co-operative Societies Act, 1965. There is clear recitation in the order of appointment that the petitioner is neither entitled to any wages nor to any honorarium. By order dated 24.10.2005 the petitioner was removed from the office of the Honorary Secretary of the aforesaid Society on the ground that his services were no longer required and as such he was relieved from his office with immediate effect. The order dated 24.10.2005 is as under: -Adesh509 Army Base Workshop Workers Sahkari Awas Samiti Ltd. Agra ke sachiv pad par karyarat Sri Ravindra Pal Singh ki sewaon ki awashyakta Samiti ko...
Vidya Bal Mandali Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-21-2005
Reported in: (2006)202CTR(All)164; [2006]282ITR415(All)
1. Heard learned Counsel for the parties and perused the record of the case.2. The petitioner claims to be a society, registered under the Societies Registration Act having charitable aims and objects and P.K. Jain its secretary (quoted in the impugned order dated September 22, 2005/ annexure 7 to the writ petition page 76 of the writ paper book).3. The petitioner submitted an application and applied before the Commissioner of Income-tax, Meerut, for registration under Section 80G of the Income-tax Act (called 'the Act'), read with Rule 11AA of the Income-tax Rules, having complied with requisite terms and conditions for such registration under Section 12AA of the Act.4. The petitioner was granted certificate of registration on October 1, 1999, under Section 80G of the Act for a period of three years from January 20, 1999, to January 20, 2002. Application for renewal of registration was allowed on March 25, 2003, the aforesaid registration was further extended from February 25, 2002 to...
Hari Shankar Pandey Son of Sri Hanuman Dutta Pandey Vs. U.P. Power Cor ...
Court: Allahabad
Decided on: Nov-18-2005
Reported in: 2006(2)AWC1422
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner entered into service of erstwhile U.P. Electrcity Board in the year 1969(now U.P. Power Corporation limited). At the time of appointment the service book of the petitioner was prepared in which the date of birth of the petitioner was recorded as 4.1.1947. Accordingly he was given notice dated 18.3.2004 that he would retire on 31.1.2006 on the basis of date of birth as recorded in the aforesaid service book which has been signed by the petitioner on the first page.3. The petitioner has challenged the notice dated 18.3.2004 on the ground that his date of birth has wrongly been recorded in the service book and that his correct date of birth has been mentioned as 4.1.1948 in the High School Certificate, hence he may be retired on attaining the age of superannuation i.e. on 31.1.2006.4. The counsel for the petitioner has relie upon Uttar Pradesh Recruitment to Services (Determination of Date of Birth)...
Ram Darash Son of Sharda Prasad Vs. State of U.P. Through Its Secretar ...
Court: Allahabad
Decided on: Nov-18-2005
Reported in: 2006(2)AWC1417
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. The petitioner is driver in U.P. State Road Transport Corporation. On 6.7.2003, the petitioner along with Sri K.P. Pandey, co-driver and Sri Bhagwant Prasad, conductor was driving Bus No. 53 L 9585 from Delhi to Nichlaul. The bus was scheduled to take a halt at Sonauli, in the intervening night of 6/7.7.2003 and was to then proceed in the morning of 7.7.2003 to Nichlaul via Farenda. The case :3. It is admitted to the parties that before reaching Sonaulit in the night of 6.7.2003, the journey was broken at New Shera Hotel for the refreshment of passengers and staff. After taking meals, the petitioner suffered severe stomach pains. In the circumstance, he handed over charge of the bus to co-driver Sri K.P. Pandey and Conductor Sri Bhagwant Prasad. The petitioner was taken to Primary Health Centre by the Hotel proprietor- Sri Ujagar Singh.Thereafter, Sri K.P. Pandey, co-driver and Sri Bhagwant Prasad, conductor pr...
Naresh Chandra Sharma Son of Late Uma Dutt Sharma Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Nov-18-2005
Reported in: 2006(3)AWC2743
Arun Tandon, J.1. Heard Shri M.D. Singh 'Shekhar' on behalf of the petitioner, Standing Counsel on behalf of respondents.2. This writ petition is directed against an order dated 12.1.2004 passed by the District Magistrate, Ghaziabad (the appointing authority of the petitioner) in exercise of powers under fundamental Rules 56(C) as contained in final in book Vol. 2 part 2 to 4 as amended upto date, compulsorily retiring the petitioner from service w.e.f. the date of the order.3. On behalf of the petitioner it has been stated that except for adverse entries awarded for the year 2000-01 and of the year 2002-03 against which Appeals filed by the petitioner were pending consideration, all other annual entries of the petitioner were 'Utkarsh' or 'Ati Uttam'. It is therefore, submitted that the petitioner cannot be termed as a dead wood to be chopped of before he attains the age ofsuperannjation nor can it be said that it is in public interest to retire the petitioner. It is stated that me ad...
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