Allahabad Court March 2005 Judgments
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Committee of Management District Co-operative Bank Limited Vs. State o ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(4)AWC3482; 2005(2)ESC1252
Yatindra Singh, J.1. The main question involved in these writ petitions relates to the interpretation and scope of section 29(5) of the UP Co-operative Societies Act, 1965 (the Act) and deals with the considerations/factors governing discretion of the Registrar while appointing an Administrator or the Committee of Administrators under section 29(5)(b) of the Act. These points arises as the appointments of private persons as Administrators and in the committee of Administrators under section 29(5)(b) of the Act are challenged in these writ petitions.THE FACTS2. A co-operative society {section 2(f) of the Act} means a co-operative society registered under the Act. Chapter III of the Act deals with 'MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES'. Section 17 of this Chapter explains who can be members of a co-operative society. It shows that not only an individual (natural person) can be member of a co-operative society but State government, or Central Government, or f...
Chabi Nath Son of Sarju Prasad Vs. State of U.P. Through Its Secretary ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(2)AWC1405
A.K. Yog and B.B. Agarwal, JJ.1. Heard Sri Mansoor Ahmad learned counsel for the petitioner and Sri R.K. Chaubey learned Standing Counsel appearing for all the respondents.2. Chabi Nath son of Sraju Prasad has filed this petition under Article 226 of the Constitution of India claiming a writ of mandamus commanding the respondents not to interfere with their physical possession over plots No. 68 and 68 (part) situate in village Mawaiya Tahsil Karchhana district Allahabad measuring 7184.77 sq. meters declared surplus under order dated January 27, 1981 passed by the then Competent authority under Urban Land (Ceiling and Regulation ) Act, 1976 'called the Act' filed as annexure '2' to the petition, as also a writ of mandamus commanding respondent No. 3/Competent Authority under the Act to delete the name of State government from the revenue records and substitute the name of the petitioner in respect of the land in question which was declared surplus.3. The case of the Petitioner is that h...
Chhata Sugar Company Ltd., Through Its Executive Director Vs. the Pres ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(2)ESC1302; [2005(105)FLR476]
Rakesh Tiwari, J. 1. The petitioner- Chhata Sugar Company Limited is a subsidiary unit of the U.P. State Sugar Corporation Limited. It manufactures white crystal sugar by vaccum pan process. The petitioner has challenged the award dated 15.12.1997 passed by the Labour Court, Agra in Adjudication Case No. 29 of 1998.2. By the impugned award, the labour court has held that termination of services of respondent No. 2 w.e.f. 26.3.1977 is illegal and has awarded reinstatement with full back wages from the date of the award.3. The factual matrix, in brief are that respondent No. 2 was initially engaged as Driver, purely on temporary basis, w.e.f. 16.1.1975 pursuant to his application dated 16.1.1975 in leave vacancy of one Sukh Ram Singh on a consolidated salary of Rs. 250/- per month. He continued to work in the leave vacancy vide order dated 4.10.1976 and was thereafter appointed on probation for a period of one year. The letter of appointment is as under :-'Order Shri Devi Lal is hereby a...
Managing Director, Uttar Pradesh Industrial Development Corporation, T ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(3)AWC2976
D.P. Singh, J. 1. Heard counsel for the parties.2. Brief facts for decision of this petition are that the respondent Nos. 2 to 5 constituted a partnership firm and by a registered sale deed dated 23.7.1984 purchased khasra No. 35 from its owner Sri Khacheru in village Agraula, Pargana Loni, District Ghaziabad. Thereafter, they sold certain portion of the said land by carving out plots for residential purposes and the remaining land measuring more than six Bighas was acquired by the State Government. An award was rendered granting compensation at the rate of Rs. 42/- per sq. yard and the respondent Nos. 2 and 3 received half of the compensation in accordance with their share in the property while respondent Nos. 4 and 5 also received their share. However, a reference under Section 18 was lodged by respondent Nos. 4 and 5 through the partnership firm for the entire acquired land of plot No. 35 which was allowed and the compensation was enhanced to Rs. 72/- per sq. yard. Rut, when the dec...
Arvind Kumar Dube S/O Shri Parmeshwari Dayal Dube Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(3)AWC2970
Ravindra Singh, J.1. Heard Sri Brij Raj Singh learned counsel for the petitioners, learned A.G.A. and Sri A.K. Singh Solanki.2. This petition is filed against the order dated 8.12.2002 , passed by the Up Van Sanrakshak/ Pradhikrit Adihkari, Rashtriya Chambal Sanctuary Project, Agra, whereby truck no. UP-84-2388, Engine No. 692802371486 and Chassis No. 364046359759 was confiscated in favour of the State and the order dated 11.3.2003 passed by the Pradhikrit Adhikari/Special Secretary, Van Vibhag, U.P. Shasan in Appeal No. 01/4241-2003/405 (23) / 2003 filed by the petitioner was dismissed.3. It is contended by the learned counsel for the petitioner that the petitioner is registered owner of the abovementioned truck and there is no other claimant of the truck in dispute. It is contended by the learned counsel for the petitioner that the truck of the petitioner was seized by the Forest Officer on 6.8.2002 and the Driver of the truck namely Sugreev Singh was arrested by the Forest Officer a...
Modi Spinning and Weaving Mills Co. Ltd. and anr. Vs. Dr. Bharat Kumar ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(1)ARC762
V.S. Bajpai, J.1. This civil revision was taken up today as fresh, Notice was earlier accepted by Sri P.K. Jain, Advocate, on behalf of the respondent. I have heard the learned Counsel for the revisionists and the respondent.2. The revision is directed against the order passed by the Civil Judge, Senior Division, District Ghaziabad, on 9.2.2005 in Original suit No. 869 of 2002, Dr. Bharat Kumar Gupta v. Modi Spinning and Weaving Mills and Ors., allowing the application of the respondent under Order VIII, Rule 1 C.P.C. and rejecting the written statements filed by the revisionists. The trial Court further directed the suit to proceed in view of the provisions of Order VIII, Rule 10 C.P.C.3. Facts in brief are that the respondent had filed a suit on 5.7.2002 in which 6.9.2002 was fixed for filing of the written statement. On that date the revisionists' Counsel appeared before the Court and sought time to file written statement. Thereafter, the revisionists continued to move adjournment a...
Virendra Kumar JaIn Vs. A.C.M. Vth/R.C. and E.O. and ors.
Court: Allahabad
Decided on: Mar-17-2005
Reported in: 2005(1)ARC803; 2005(2)AWC1415
Anjani Kumar, J.1. Heard learned Counsel for the parties.2. The petitioner, aggrieved by an order dated 22nd February 2005 passed by the Rent Control and Eviction Officer/Additional City Magistrate Vth, Kanpur Nagar, approached this Court by means of this writ petition for quashing of the aforesaid order.3. The brief facts are that the petitioner, who alleges himself to be the tenant of the accommodation in question, has asserted that he has been entered into occupation of the accommodation in question by the erstwhile landlord under an agreement dated 21st September, 1995. He further asserts that after the erstwhile landlord sold out the building to the present landlord the present landlord has issued a notice through his advocate informing about the sale of the house and the liability of the petitioner to pay rent to the present landlord, Smt. Sona Gupta. The landlord has filed an application before the Rent Control and Eviction Officer seeking declaration of vacancy under Section 12...
Vijay Kumar Paliwal S/O Sri Misri Lal Paliwal Vs. Presiding Officer, L ...
Court: Allahabad
Decided on: Mar-17-2005
Reported in: [2005(106)FLR504]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been tiled against an award dated 30.1.2001 passed by the Labour Court IV, U.P., Kanpur in Adjudication Case No. 106/98; order dated 14.12 1995 passed by the Mandahya Pradhan Prabandhak; and punishment order dated 6.7.1995 passed by the Regional Manager.3. The case of the petitioners, in brief, is that he was appointed as a Driver in Etawah Depot of the U.P. State Road Transport Corporation (U.P.S.R.T.C) in 1989. He was suspended on 26.6.1992 on the allegations that due to his negligent driving Bus No. 75/1308 collided with a railing on 21.5.1992 on Etawah-Delhi-Meerut route causing loss of Rs. 8267/- to the Corporation and also for causing damage to Bus No. 2381 on 19.6.1992 and Bus No. 4018 on 25.6.1992.4. The petitioner denied the charges in his reply dated 20.9.1992. Thereafter an enquiry was held and notice was issued to him calling upon his to show cause as to way he should not be r...
Doodhnath and anr. Vs. Deonandan Represented by L.Rs. and ors.
Court: Allahabad
Decided on: Mar-17-2005
Reported in: AIR2006All3; 2005(3)AWC2557
S.N. Srivastava, J.1. Present second appeal has been preferred assailing the judgment and decree dated 15.4.1977, passed by lower appellate court whereby Civil Appeal No. 92 of 1976 was allowed and judgment and decree dated 25.3,1976, passed by trial court was reversed.2. Plaintiffs instituted Suit No. 62 of 1971 with the impetratory relief of permanent injunction restraining defendants from interfering with their possession over the land marked by letters Cha, Chha, Ja and Jha in the plaint map and also for closing northern door enumerated therein attended with further relief to restrain them to have ingress and egress through sahan shown by letters Ba, Ya, Ra, and Sa on the ground that the land in suit was their own property which descended to them from their ancestors and further that the defendants had no right to interfere with the possession of plaintiffs. Defendants on the other hand repudiated plaint allegations in the written statement alleging that both the parties descend fr...
Smt. Archana Mishra Vs. State of U.P.
Court: Allahabad
Decided on: Mar-17-2005
Reported in: [2005(105)FLR902]
V.K. Shukla, J.1. Brief facts giving rise to present writ petition in brief is that petitioner applied for consideration of her candidature for Special B.T.C. Course 2004. Petitioner claims that she made declaration in her application form that she is from physically handicapped category candidate and at that point of time petitioner possessed certificate issued by Chief Medical Officer on 13.5.1999. Petitioner was called for counselling on 1.6.2004 and name of petitioner was shown at serial No. 16 in the aforementioned list. Final list was published on 15.7.2004 and therein name of petitioner was missing. Petitioner submits that she represented the matter before the authority concerned and when no action was taken then she preferred Civil Misc. Writ Petition No. 45631 of 2004 (Smt. Archana Mishra v. State of U.P. and Ors.). This Court on presentation of the aforementioned writ petition on 29.10.2004 disposed of the aforementioned writ petition asking the authority concerned i.e. Direc...
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