Allahabad Court March 2005 Judgments
Sher Ali Son of Sobrati Vs. State of U.P. Through Its Secretary Basic ...
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(4)AWC3684; 2005(3)ESC1563; (2005)2UPLBEC1856
Sabhajeet Yadav, J.1. The instant writ petition has been filed challenging the order dated 19.7.2003, contained in Annexure-13 of the writ petition, passed by Assistant Registrar, Firms Societies and Chits, Azamgarh, respondent No. 2 whereby the petitioner's application/objection dated 7.4.2003 contained in Annexure-12 of the writ petition and application dated 19.4.2003 contained in Annexure-12-A of the writ petition against renewal of certificate of registration granted in favour of respondent No. 3 and for correction of list of committee of management of society have been rejected by the respondent No. 2. A further relief in the nature of writ of mandamus has also been sought for directing the respondents not to interfere in the functioning of the petitioner as Manager of the Society in question.2. The brief facts leading to the case are that there is an institution known as 'Maqtav Zya-Ul-Oloom Sansthan' Tari Bara Gaon, District Ballia run by a society registered on 28.10.1992 unde...
Tag this Judgment!Ram Veer Singh Son of Sri Khajan Singh Vs. State of U.P. Through Secre ...
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(3)ESC1913; (2005)2UPLBEC1434
Shishir Kumar, J.1. The petitioner has approached this Court for the following reliefs: (a) to issue an order, direction or writ in the nature of mandamus directing the respondents No. 4 and 6 to pay the salary of the petitioner with interest since August 1986 till date and continuously in future for the post of Economics and Civics Lecturer of Sri Ishwar Maharaj Inter College Nagla Teja (Beerai) Sainyan, District-Agra.(b) to issue an order, direction or writ in the nature of mandamus directing the respondents No. 4 and 6 to permit the petitioner to join, his duties on the post of Economics and civics lecturer in the aforesaid institution,(c) to issue any other order, direction or writ in the circumstances of the case as this Hon'ble court may deem fit and proper.(d) to award costs of the writ petition to the petitioner.2. The facts arising out of the present writ petition are that there is an institution namely Ishwar Maharaj Inter College Nagla Teja Beerai) Sainyan, district- Agra wh...
Tag this Judgment!Shambhoo Nath Agrawal S/O Late Salig Ram Agrawal Licensee (Under Up Ci ...
Court: Allahabad
Decided on: Mar-31-2005
Reported in: AIR2005All313; 2005(3)AWC2397
A.K.Yog, J.1. The petitioner, Shambhoo Nath Agarwal, filed above noted writ petition under Article 226 Constitution of India, initially praying for a writ of mandamus directing the District Magistrate/Licencing Authority under U.P. Cinematograph Rules, 1951 Mirzapur to permit the petitioner to exhibit feature films in the light of direction given by the Apex Court in its judgment and order dated 19th July, 2004 (Annexure 23 to the petition) and for a writ of mandamus directing respondent No. 1/State of U.P. to recover damages (caused to him by) from Sh. Sabha Raj Singh the then District Magistrate) and Sri Amrit Pal Singh (the then Assistant Commissioner, Entertainment Tax, Mirazpur) /respondents 2 and 3 respectively for dilatory tactices causing loss illegally in not permitting the petitioner to exhibit feature films.2. This petition was presented on August 9, 2004. The respondent No. 2/ District Magistrate on that day i.e. August 9, 2000 itself happened to pass order rejecting Petiti...
Tag this Judgment!indra Deo Dube Son of Sri Badri Dube Vs. the District Inspector of Sch ...
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(2)ESC1407
Shishir Kumar, J.1. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 21.7.80 dismissing the petitioner from service and order dated 23.11.1980 passed by Committee of Management dismissing the appeal of the petitioner and order dated 25.11.1980 passed by the District Inspector of Schools, Moradabad dismissing the appeal of the petitioner and a writ of mandamus directing the respondents not to interfere with the petitioner's working as a peon.2. The petitioner was appointed as a peon in me college. It has been stated that due to some malafide intention Sri Suresh Chandra who was the Manager of the college was annoyed with the petitioner and he has threatened the petitioner that he would get the petitioner dismissed from the service. A charge sheet dated 20.6.1980 was served on the petitioner. A copy of the charge sheet has been annexed as Annexure-1 to the writ petition. The petitioner submitted a reply on 7.7.1980 a copy of which has been filed...
Tag this Judgment!Khimjibhai Sanabhai Parmar Vs. Sevalia Cement Works
Court: Allahabad
Decided on: Mar-31-2005
Reported in: [2005]60SCL496(All)
K.A. Puj, J.1. The petitioner, namely, Khimji Sanabhai Parmar has filed this petition under Section 433(e) read with Section 434 of the Companies Act, 1956 for winding up of the respondent Company, namely, M/s. Sevalia Cement Works, unit of M/s. Manor Investment Private Limited.2. It is the case of the petitioner that the petitioner was a workman and was regularly working in the respondent Company for the last many years. About 260 workers were working with the respondent Company and about 123 employees were working in Balasinor quarry, which was run and managed by the respondent Company. It is also stated that in all 400 workmen were working with the respondent and the respondent was not paying regular wages to its employees in spite of several demands, notices and directions of the Court. The petitioner and all other workers were engaged and appointed by M/s. Associate Cement Company Limited and they were working with the said Company for many years. The respondent Company was run an...
Tag this Judgment!In Re: Rohit Soaps and Detergents Private Limited;
Court: Allahabad
Decided on: Mar-31-2005
Reported in: [2005]61SCL161(All)
S.P. Mahrotra, J.1. The present Company Petition under Sections 391 and 394 of the Companies Act, 1956 has been filed by Rohit Soaps & Detergents Private Limited, having its Registered Office at 117/H-2/202, Pandu Nagar, Kanpur-208005, Uttar Pradesh (hereinafter also referred to as 'the Transferor Company No. 1' or 'the Petitioner-Transferor Company No. 1'), Rahul Detergents Private Limited, having its Registered Office at 117/H-202, Pandu Nagar, Kanpur-208005, Uttar Pradesh (hereinafter also referred to as 'the Transferor Company No. 2' or 'the Petitioner-Transferor Company No. 2'), Singh Detergents Private Limited, having its Registered Office at 117/H-2/202, Pandu Nagar, Kanpur-208005, Uttar Pradesh (hereinafter also referred to as 'the Transferor Company No. 3' or 'the Petitioner-Transferor Company No. 3'), Kanpur Detergents and Chemicals Private Limited, having its Registered Office at 117/H-2/202, Pandu Nagar, Kanpur-208005, Uttar Pradesh (hereinafter also referred to as 'the Tra...
Tag this Judgment!Dr. Monica Kumar Vs. Chaudhary Charan Singh University and ors.
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(2)ESC1201
1. The appeal is taken up and disposed of.2. The appellant, namely, Dr. Monica Kumar and her brother Dr. Manish Kumar were both admitted to the same Medical College which is respondent before us. The admission was made on NRI quota and the father of the two students paid 50,000 dollars, apiece for their admission, i.e. about Rs. 25 lac for each. The brother of the appellant has already completed his course and obtained the four usual certificates issued in cases of successful completion. One is a pass certificate, another is a character certificate, the third is an internship certificate and the fourth is an attempt certificate, last of which would be a valuable one in case the students pass in the first attempt. One of its values is regarding admission to Post Graduate Courses.3. It is not in dispute that when the matter was before the Hon'ble Single Judge, the certificates contained an endorsement, that the character of the appellant was not satisfactory. The certificates issued were...
Tag this Judgment!Smt. Rajpati Devi Vs. Ram Sewak Singh and ors.
Court: Allahabad
Decided on: Mar-31-2005
Reported in: AIR2005All242
ORDERS.N. Srivastava, J.1. The defendant appellant has preferred this review petition in which is impugned the judgment of this Court dated 28-12-2004 rendered by Hon. B.K. Rathi, J. whereby second appeal was dismissed holding that no substantial question of law arose for decision.2. Initially, a preliminary objection was brought to bear assailing the jurisdiction of this Court which was a Court presided over by a Judge other than the Judge who decided the second appeal and therefore, arguments were heard and the preliminary objection was disposed of by means of order dated 31-3-2005 in which plea was upheld that review was maintainable. The case was set down for hearing on merit on sustainability of review petition on grounds as envisaged in Order 47, Rule 1 C.P.C. for today. It is today that the matter has been heard on merit at prolix length.3. A brief resume of necessary facts is essential for proper appreciation of the dispute involved in this case. It would appear that a suit was...
Tag this Judgment!Ram NaraIn Pathak Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(3)ESC1734
Vineet Saran, J.1. Heard Sri B.P. Yadav, learned Counsel appearing for the petitioner as well as learned Standing Counsel appearing for respondent No. 1 and Sri A.K. Saxena, learned Counsel appearing for respondent Nos. 2, 3 and 4. Counter and rejoinder affidavits have been exchanged. With consent of learned Counsel for the parties this writ petition is being disposed of at the admission stage itself.2. The petitioner is a Class IV employee working with the respondent. Jal Nigam. The admitted facts are that the petitioner was initially appointed on Class IV post on 1.1.1985. However, he was confirmed in service on the said post with effect from 1.4.1990. At the time of his appointment on 1.1.1985, the age of retirement of Class IV employees in the U.P. Jal Nigam was 60 years. By Government Order dated 5.11.1985 it was provided that even on those Class IV posts on which the age of retirement was 60 years, for the new appointments which were to be made, the age of retirement would be 58 ...
Tag this Judgment!AlimuddIn Vs. Xiith Additional District and Sessions Judge and ors.
Court: Allahabad
Decided on: Mar-31-2005
Reported in: 2005(3)AWC2457
Mukteshwar Prasad, J.1. This is tenant's petition. The petitioner has prayed for quashing the judgment and order dated 20.11.1981 (Annexure-4) and the judgment and order dated 28.8.1987 (Annexure-6) to the writ petition passed by respondent Nos. 2 and 1 respectively.2. Heard Sri Shiv Sagar Singh, holding brief of Sri Pankaj Mithal, learned counsel for the petitioner and Sri Kunwar R.C. Singh, learned counsel for respondent No. 3 and perused the entire material on record.3. It appears that an application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') was moved by the landlords for release of half portion of the house in question under tenancy of the petitioner mainly on the ground that the applicant-respondent No. 4 (Iqbal) one of the landlords along with his family resided in the northern half portion of the disputed house as a tenant and the remaining half portion was in occupation of ...
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