Allahabad Court November 2005 Judgments
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Director, Experimental Sugar Factory, National Sugar Institute Vs. Pre ...
Court: Allahabad
Decided on: Nov-10-2005
Reported in: [2006(108)FLR660]
V.C. Misra, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed for quashing the award dated 5.2.2002 (annexure-5 to the writ petition) passed by the Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Kanpur-respondent No. 1 which was passed on the industrial dispute raised by the workmen-respondents 1 to 7 on the question referred to by the Central Government, Ministry of Labour Court vide its Notification dated 3.7.1998 for adjudication by the Tribunal-respondent No. 1 as under :-Whether the action of the Director, National Sugar Institute, Kanpur, in not paying the salary and other benefits of the post of Centrifugal Operator from 1980 to S/Sri Suresh, Rajendra Prasad Shukla, Peetamber, Ashok Kumar Mishra, Ganga Prasad and Raja Ram is legal and justified If not, to what relief the workmen are entitled to 3. The facts of the case, referred to in the award in brief are that on behalf of the concerned workmen t...
Committee of Management C.O.D. Salary Earners Cooperative Society Ltd. ...
Court: Allahabad
Decided on: Nov-10-2005
Reported in: 2006(2)AWC1426
Vineet Saran, J.1. The petitioner is a registered cooperative society. By a notification, which was duly published in the newspaper, the elections of the Society were to be held on 11th/12th December, 2000. By an order passed by the Election Officer, the said election of the Society had been postponed. However, thereafter on 20.2.2001 the election programme was published by the Election Officer, whereby the elections were to be held on 26th/27th February, 2001. Accordingly, in pursuance of the subsequent order of the Election Officer, the elections of the members and office bearers of the Society were held on 26.2.2001 and 27.2.2001 and the results were declared in which one Sri Kale Baba and Sri Anees Ahmad were elected as Chairman and Vice Chairman of the society. The said results were declared on 27.2.2001. Challenging the said elections, on 20.4.2001, Respondent No. 3 filed an election petition before the Prescribed Authority, Respondent No. 1. By order dated 5.9.2002 passed by the...
Mrs. Rabia Sultana Wife of Javed Akhtar D/O Mohd. Azhar Ali Khan Vs. V ...
Court: Allahabad
Decided on: Nov-10-2005
Reported in: 2006(2)AWC1376
A.P. Sahi, J.1. Heard Sri Hemant Kumar - learned Counsel for the petitioner and Sri Ankur Goel holding brief of Smt. Sunita Agrawal - learned Counsel for the University.2. On behalf of respondents, a counter-affidavit has been filed sworn by Sri A.A. Khan, Personal Assistant in the legal section of Aligarh Muslim University.3. The challenge in the present petition is to the order dated 29.9.2005 passed by the Vice Chancellor, Aligarh Muslim University, Aligarh, whereby the petitioner's alleged resignation is sought to be accepted from the post of Senior Lab. Assistant in Dental College of the University w.e.f. 16.7.2005. The principal ground of attack to the aforesaid order is that the petitioner out of disgust had written the words 'I have resigned' but she sent a letter to the Registrar on 21.7.2005 to the effect that the aforesaid resignation tendered by her be not accepted and be treated as withdrawn. The petitioner also contends that she sent an application on 19.8.2005 to the Pri...
Ram Kishore Dubey Son of Sri Saligram Dubey Vs. Union of India (Uoi) T ...
Court: Allahabad
Decided on: Nov-10-2005
Reported in: [2006(108)FLR662]
Ashok Bhushan, J.1. Heard Counsel for the petitioner.2. By this writ petition the petitioner has prayed for quashing the order of removal dated 31.8.1991 passed by the Divisional Security Commissioner, Northern Railway, Allahabad and the order dated 18.4.2001 passed by the Additional Chief Security Commissioner, Head Quarter Office, Baroda House, New Delhi. The petitioner was working as constable in Railway Protection Force. On 20.4.1990 petitioner alongwith another constable was entrusted duty to go alongwith cash. Between Etawah to Bharthana. When the petitioner along with other constable Shri R.G. Sharma, PW 1, clerk Vinod Narain Dubey, trolley men Jhallu, Hakimsingh, Mansingh and Bindeswari were going on certain currency notes were found lying on the railway track. On the instructions of Shri R.C. Sharma P.W. 1, the trolley men had collected the currency notes amounting to Rs. 3150/-. The details of the notes were noted down in duplicate copy. The petitioner and other constable pre...
Raj Pal Singh Vs. Richh Pal Singh and ors.
Court: Allahabad
Decided on: Nov-10-2005
Reported in: 2006(2)AWC1640
ORDERAnjani Kumar, J.1. Heard learned Counsel for the plaintiff-revisionist.2. The plaintiff-revisionist aggrieved by an order passed by the trial court dated 29th September 2005, whereby the trial court on an application 6 C2 filed by the plaintiff for grant of temporary injunction has passed the order to the effect that in the facts and circumstances of the case, unless the other party is heard, no ex parte temporary injunction can be granted and directed to issue notices to the defendants fixing 6th October, 2005, as the next date for disposal of the application for grant of temporary injunction.3. Learned Counsel for the plaintiff-revisionist submitted that in view of the decision of this Court in Guru Dutt v. Anju Khatri and Anr. 2004 (2) AWC 1141 (LB) : 2004 (1) CLR 698, the trial court ought to have granted temporary injunction to the plaintiff. In support of his contention, learned Counsel for the revisionist has relied upon paragraph 8 of the aforesaid decision, which is repro...
Hari Om and ors. Vs. Gopal (D) by L.Rs.
Court: Allahabad
Decided on: Nov-10-2005
Reported in: 2006(2)AWC1438
Sunil Ambwani, J.1. Heard Shri V. Sahai, learned Counsel for the appellants and Shri Vishnu Gupta for the respondent. Learned Counsel for the respondent has waived the cross-objection.2. This second appeal was allowed by this Court on 28.11.1996. The matter was taken to the Supreme Court in which Civil Appeal Nos. 868 and 869 of 2001 were allowed and the matter was remanded to this Court to be decided expeditiously.3. Brief facts giving rise to this appeal are as below:The plaintiff Shri Gopal filed a suit for specific performance of contract with the allegations that Shri Matru Mal, father of the defendants had agreed to sell his residential house for a sum of Rs. 9,500 for which he executed a written agreement dated 15.1.1972 and accepted Rs. 2,000 by way of earnest money, with the stipulation that out of this earnest money Rs. 1,000 will bear the interest at the rate of 2% per month to be taken into account at the time of execution of the sale deed. At the time of execution of the a...
Petrocarbon and Chemical Co. Vs. Hindustan Febro and Industries Ltd.
Court: Allahabad
Decided on: Nov-10-2005
Reported in: [2008]141CompCas721(All)
Sunil Ambwani, J.1. This creditor's winding up petition was filed in the 1 year 2000 to wind up Hindustan Ferro and Industries Ltd., with its registered office at first floor, 117/C-28/81, Sarvodaya Nagar, Kanpur (UP), on the ground that it has failed and is unable to pay its admitted dues for the material supplied to the respondent-company and for which the advance cheques for Rs. 1,15,962 dated December 5, 1997 and Rs. 1,15,963 dated December 12, 1997, have been dishonoured on the instruction of the respondent-company. The statutory notice dated August 7, 1999, was sent by registered post to the registered office of the company demanding a sum of Rs. 2,52,508, to which no reply has been received from the respondent-company. I have gone through the defence taken by the respondent-company in the counter-affidavit of Hausala Prasad Tiwari holding power of attorney on behalf of the board of directors of the company. Paragraphs 7 to 11 of the counter-affidavit are quoted below:7. That, al...
Kowa Spinning Ltd. and ors. Vs. State Bank of Indore and anr.
Court: DRAT Allahabad
Decided on: Nov-09-2005
Reported in: II(2006)BC206
1. This appeal has been preferred against the order dated 5th November, 2001 passed by the then Presiding Officer, D.R.T., Jabalpur in Original Application No. 300/2000, whereby the prayer for cross-examination of the witnesses of the Bank has been rejected. There seems to be chequered history in the case. After the respondent-State Bank of Indore filed the original application for recovery of Rs. 2,32,37,557/-, the appellant-borrowers had appeared and filed their written statement. Their main contention was that the signature of the borrowers were taken on blank forms and documents by the respondent-Bank and that the accounts started before the date of the application of the appellants for the loan or the date of sanction of the loan. In support of the original application the respondent Bank had submitted affidavits of witnesses by way of evidence in support of the contention made in the original application. The appellants had claimed that the affidavits in evidence which have been...
B.J. Nagrath and ors. Vs. Bank of India
Court: DRAT Allahabad
Decided on: Nov-09-2005
Reported in: II(2006)BC19
1. This appeal has been preferred against the order dated 16th December, 2004 passed by the learned Presiding Officer, D.R.T.Allahabad in M.A. No. 48/04, whereby and whereunder, the petition under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be referred to as the RDDBFI Act) for setting aside the ex parte judgment and order dated 18th July, 2002 passed in T.A. No. 1622/2000 have been dismissed.This appeal has a chequered history in the backdrop as will be revealed from the following facts as stated in brief: It is a unique and peculiar case. The respondent Bank had filed a civil suit being original case No, 111/7/97 before the Civil Court at Kanpur for realization of the decretal amount to the tune of Rs. 8.66,38,615.24 together with interest, cost and other usual reliefs. For non-payment of fees the case was rejected vide order dated 3rd March, 1997. On 12th March, 1997 a review/restoration petition was filed under Sec...
L.K. Pandey and ors. Vs. Bank of Baroda and ors.
Court: DRAT Allahabad
Decided on: Nov-09-2005
Reported in: II(2006)BC33
1. This appeal has been preferred against the order dated 17th May, 2004 passed by the DRT, Allahabad in M. A. No. 130/03, whereby and whereunder the petition filed by the appellants/defendants under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be referred to as the RDDBFI Act) for restoration of Original Application No. 72/02 by setting aside the ex pane judgment has been dismissed.2. The appellants were defendant Nos. 3 to 6 in the Original Application No. 72/2000, wherein the respondent Bank of Baroda had claimed recovery of a sum of Rs. 1,56,14,402,65. Notices were sent on all the defendants including the firm Nirmal Organics (P) Ltd. and its Chairman Mr. R.K. Pandey as respondent/defendant No. 2 and also against Mr. Kakendu Das as defendant No. 7 and U.P. Financial Corporation as defendant No. 8. Notices were first sent under registered post. When the notices did not return sent under registered post, then publicat...
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