Allahabad Court May 2005 Judgments
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Sri Janki Higher Secondary School, a Registered Society Through Its Se ...
Court: Allahabad
Decided on: May-19-2005
Reported in: 2005(4)AWC3356
Tarun Agarwala, J.1. The petitioner has challenged the order dated 22.11.2001 passed by the Assistant Registrar, Firms, Society and Chits under the Societies Registration Act, intimating the petitioner that the papers filed by him with regard to the renewal of the registration of the Society has been rejected and that the renewal of the Society has been made on the basis of the papers submitted by Radhey Lal, Manager on the ground that the renewal of the Society was made in favour of Radhey Lal on 20.12.1980 and on that basis the renewal is now again being made in his favour.2. For the last 40-45 years, there has been several rounds of litigation between the parties headed by the petitioner on one hand and the contesting respondent No. 1 on the other hand, with regard to the actual control of the affairs of the Society and its educational institution.3. It transpires that on 22.12.1980, the Registrar granted renewal of the registration of the Society in favour of Madhav Prasad, the fat...
Zonal Chief Engineer, U.P. Jal Nigam, Vs. Presiding Officer, Labour Co ...
Court: Allahabad
Decided on: May-19-2005
Reported in: [2005(106)FLR315]
Aniani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioners-employer against the award of the labour Court, Gorakhpur dated 18th March, 1986, passed in adjudication case No. 256 of 1984 was heard by this Court and this Court vide its judgment and order dated 12th June, 2001 passed an order to the effect that the workman concerned is not entitled for any relief and the present writ petition filed by employer is allowed in part and award was modified accordingly. The workman concerned, namely, Jayant Kumar Misra aggrieved by the judgment and order passed by this Court dated 12th June, 2001 approached Hon'ble Supreme Court by means of civil appeal No. 514 of 2004, arising out of S.L.P. (Civil) No. 10422 of 2002, in which Supreme Court has been pleased to pass the following direction :-'Leave granted.In view of the judgment of this Court in Civil Appeal No. 3350 of 2001, State of Haryana and Anr. v. Sat Pal dated 30th October, 2002, the Hig...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: May-19-2005
Reported in: [2006(106)FLR669]; (2005)2UPLBEC1695
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India is directed against the award dated 27th June, 2001, passed by the Presiding Officer, Labour Court, U.P., Faizabad in adjudication case No. 138 of 1996, copy whereof is annexed as Annexure-'4' to the writ petition.2. The following dispute was referred to for adjudication to the labour Court :-'Whether the action of the employer in terminating the services of its employee Dinesh Kumar (son of Sri R. Chandra) Chaukidar w.e.f. 01-03-1983 is justified? If no, to what relief the workman concerned is entitled?'3. The case set up by the respondent-workman concerned in this writ petition was that the workman was appointed in temporary capacity as Chaukidar by the employer under Section 45 of the State Road Transport Corporation Act, 1950 at Kotila Bus Station by depot manager, Azamgarh vide its order dated 10th December, 1982 and the workman concerned joined the post on 10th December, 1982. The services of the...
Farjanda and ors. Vs. Additional Commissioner (Judicial)-i Moradabad M ...
Court: Allahabad
Decided on: May-19-2005
Reported in: 2005(4)AWC3530
S.N. Srivastava, J.1. By means of the present petition, the petitioner has canvassed the validity of judgment and order dated 17.2.2003 passed by Sub Divisional Officer Najibabad District Bijnor jettisoning objection of the petitioner claiming his right as asami over the land in dispute and also the order dated 17.2.2005 passed by Addl. Commissioner, Moradabad division Moradabad dismissing the revision preferred by the petitioner.2. It would appear that the proceedings were launched for ejectment of the petitioners on the ground that asami Patta executed for a period of five years had already expired and thereafter, the claim of the petitioners was discountenanced at the stage of S.D.O. by order dated 31.5.99, thereafter by order dated 8.5.2001 at the stage of Addl. Commissioner (Judicial)-1 Moradabad Division and subsequently, the petitioners preferred writ petition in this Court and by means of judgment dated 24.9.2002, this Court quashed the two orders aforestated and remitted the m...
Sunder Son of Ghunai Vs. Union of India (Uoi) Through the Chairman Rai ...
Court: Allahabad
Decided on: May-19-2005
Reported in: 2005(4)AWC3859A; (2006)ILLJ375All
A.K. Yog, J.1. Heard Sri A.K. Srivastava, learned Counsel for the petitioner. Respondents No. 1, 2 and 3 are represented by Sri Tarun Verma, who has accepted notice vide endorsement on the petition, dated 5.2.2004.2. All the respondents are represented. This petition can be decided without calling for the counter and rejoinder affidavits. We decide this petition under Article 226 of the Constitution of India, finally, at the admission' stage itself, as contemplated under Chapter XXII Rule 2( 1), second proviso Rules of the Court, 1952.3. Petitioner, Sunder was serving as casual labour with temporary status in North Eastern Railway, Gorakhpur. He was served with a memorandum of charge sheet on 06.09.1989 proposing major penalty on the charge of unauthorized absence. Petitioner claimed that he was never served with the charge sheet. The Departmental inquiry proceeded. The Enquiry Officer submitted his report dated 17.04.1990 before Disciplinary Authority which considered it and passed fo...
Committee of Management Janki Intermediate College, Through Its Manage ...
Court: Allahabad
Decided on: May-19-2005
Reported in: AIR2005All275
Tarun Agarwala, J.1. The District Inspector of Schools by its order dated 16.5.2001 recognised Sri Radkhey Lal as the Manager of the Committee of Janki Intermediate College. This order dated 16.5.2001 as challenged by the petitioner in writ petition No. 20832 of 2001 which was allowed by a judgment dated 23.3.2004 and the order dated 16.5.2001 was quashed.2. Hon'ble J. Sahai in its judgment dated 23.3.2004 Committee of management, Janki Intermediate College v. Radhey Lal, 2004(3) E.S.C. 1676 directed the District Inspector of Schools to refer the dispute, if any, to the Deputy Director under Section 16-A (7) of the U.P. Intermediate Education Act, 1921 who would decide the dispute of the two rival Committee of Management on the basis of proof of effective control. The Court further held that the question of validity of the election could also be looked into incidently while deciding the dispute.3. This judgment was affirmed in Special Appeal No. 531 of 2004 by a judgment dated 11.5.200...
Smt. Shakuntala Devi Wife of Late Jwala Prasad and ors. Vs. State of U ...
Court: Allahabad
Decided on: May-19-2005
Reported in: I(2006)DMC268
Poonam Srivastava, J.1. Heard Sri Dilip Kumar and Sri Rajiv Gupta Advocates for the applicant, Sri Anoop Trivedi Advocate for opposite party No. 2 and learned A.G.A. for the State.2. This application under Section 482 Cr.P.C. was filed for quashing the proceedings in Criminal Case No. 1088 of 2000-State v. Chandra Prakash and others, pending before the Chief Judicial Magistrate, Meerut. It is a matrimonial dispute between the contesting parties which led to filing of a number of criminal cases. The present application was filed in respect of the alleged offences under Sections 498A, 323 I.P.C. read with Section 3/4 Dowry Prohibition Act. An application has been filed to bring on record that during pendency of this case, the parties have settled the dispute outside the court and an agreement deed has been made between the parties. They have decided to withdraw all the criminal and civil cases pending in different courts including the present one. The mutual settlement between the partie...
Ram Sahay Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-19-2005
Reported in: 2005(3)ESC2026
N.K. Mehrotra, J.1. This is a petition for issuing a writ of certiorari quashing the impugned charge-sheet dated 22/25/1.2005 and the suspension order of the same date as contained in Annexure-1 to the writ petition.2. The impugned charge-sheet has been served on the petitioner along with the impugned suspension order and the petitioner who was posted in Lucknow office of the competent authority Urban Land Ceiling, has been attached with the office of the Urban Land Ceiling in Saharanpur because the inquiry officer is at Saharanpur.3. A perusal of the impugned charge-sheet goes to show that there are ten charges against the petitioner. The first charge is that the petitioner has been wrongly addressing himself as Assistant Engineer without being promoted from the post of Junior Engineer and he has noted irrelevant words in the attendance register in the column of the employees. The petitioner has sent letters directly to the Government without sending it through proper channel. The nex...
Nazeer Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-19-2005
Reported in: 2005(3)ESC2037
N.K. Mehrotra, J.1. This is a petition for issuing a writ of certiorari quashing the impugned charge-sheet dated 22/25.1.2005 as contained in Annexure 9-A to the writ petition and the suspension order of the same date as contained in Annexure 10-A to the writ petition.2. The impugned charge-sheet has been served on the petitioner along with the impugned suspension order and the petitioner who was posted in Lucknow office of the Competent Authority, Urban Land Ceiling has been attached with the office of the Urban Land Ceiling in Aligarh because the inquiry officer is at Aligarh.The case of the petitioner is that the Additional District Magistrate/ Competent Authority, Urban Land Ceiling opposite party No. 3 have no jurisdiction to issue the charge-sheet as the power to issue the charge-sheet is vested with the Addl. District Magistrate (Land Acquisition) namely, Shri S.M.A. Rizvi.3. A perusal of the impugned charge-sheet goes to show that there are two charges against the petitioner. T...
Masroor Ali Vs. Court of Incharge, District Judge/Addl. Dist. Judge an ...
Court: Allahabad
Decided on: May-19-2005
Reported in: AIR2005All334; 2006(1)AWC893
ORDERAnjani Kumar, J.1. The petitioner, who was defendant in a suit, aggrieved by the order passed by the trial Court 20th December, 2004, whereby the trial Court allowed the objection raised on behalf of the plaintiff-respondent in this writ petition, bearing paper No. 10 Ga, to the effect that though the defendant has put in appearance on 23rd August, 2004, but he has not filed his written statement and more than 90 days have already elapsed but no written statement has been filed. In view of the provisions of Order VIII, Rule 1 of the Code of Civil Procedure, the Court does not have any power to extend or grant further time for filing the written statement, it was therefore prayed by means of the aforesaid objection 10 Ga that Court may now proceed for hearing of the suit. The trial Court accepted the objection filed by the plaintiff-respondent and directed that the suit may come up on 28th January, 2005 for arguments. Aggrieved by the order dated 20th December, 2004, passed by the ...
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