Allahabad Court June 2005 Judgments
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Manohar Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jun-21-2005
Reported in: 2005(4)AWC3297
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the order dated 8th December, 2004, passed by the trial court and the order dated 22nd January, 2005, passed by the revisional court, copies whereof are annexed as Annexures-3 and 5, respectively, to the writ petition, whereby application paper No. 40C filed by the plaintiff-contesting respondent under proviso to Order VIII, Rule 1 of the Code of Civil Procedure has been accepted and the trial court directed that since the written statement filed by the petitioner-tenant cannot be accepted on record, as the same has been filed beyond 90 days of the service of the summons upon the defendant.2. The facts leading to the filing of the present writ petition are that the contesting respondent filed a suit against the tenant-defendant, petitioner in this petition, for the arrears of rent and eviction of the shop under the tenancy of the petitioner. The landlord...
Anju Nagar D/O Shri Gajraj Singh Nagar Vs. Chairman Counseling Board - ...
Court: Allahabad
Decided on: Jun-13-2005
Reported in: 2005(4)AWC3868
Arun Tandon, J.1. Heard Sri P.N. Tripathi on behalf of the petitioner, Sri Mahendra Pratap on behalf of respondent No. 1, Sri Anurag Khanna on behalf of respondent No. 2, Sri Indra Raj Singh on behalf of respondent No. 3 and Sri R.P. Tiwari on behalf of respondent No. 4.2. Petitioner Anju Nagar had appeared as a candidate in the U.P. Combined Pre-Medical Test held in the year, 2004 with Roll No. 1601597. The petitioner is physically handicapped and a member of Other Backward Classes. According to petitioner 27% of the seats are reserved for Other Backward Classes, while a reservation of 3% has been provided for physically handicapped category.3. The result of the said entrance examination was declared in the month of June, 2004. The petitioner secured 1544 over all rank in Other Backward Classes category and 25 rank in physically handicapped category.4. According to schedule published by the respondents, she reported for counseling on 16th July, 2004 before the Counseling Board. On 16t...
Dilip Oil Co. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jun-13-2005
Reported in: 2005(4)AWC3381
Arun Tandon, J.1. Heard Sri R.N. Singh senior advocate assisted by Sri A. K. Singh advocate on behalf of the petitioner, Sri Navin Sinha senior advocate assisted by Sri Arvind Srivastava advocate on behalf of respondent No. 6 and standing counsel on behalf of respondent Nos. 1, 2, 4 and 5.2. For the purpose of distribution of Super Kerosene Oil/Light Diesel Oil in rural areas through fair price shop agents the State Government came out with a policy decision as contained in Government order dated 19.5.1990. Under the said Government order it was provided that there shall be only one block distribution centre/whole seller for each block and all fair price shop agents/retailers shall obtain supply of kerosene oil from the said wholesale dealer. It was further provided that the whole sellers appointed by the oil companies may be appointed block distributor under the Uttar Pradesh Kerosene Oil Order, 1962. Under the provisions of the said Government order dated 19.5.1990 M/s. Indo Traders ...
Banwari Lal S/O Late Sri Mohan and ors. Vs. Prescribed Officer, Labour ...
Court: Allahabad
Decided on: Jun-10-2005
Reported in: [2006(106)FLR848]
Arun Tandon, J. 1. These all four writ petitions arise out of same award. One by the employers, being Writ Petition No. 51468 of 2003 and others by the workmen, being Writ Petition No. 35586 of 2003, Writ Petition No. 19855 of 2003 and Writ Petition Mo. 21461 of 2004. 2. Sri Vijay Ratan Agrawal Senior Advocate, assisted by Sri Vivek Ratan Agrawal, has been heard on behalf of the employer, while Sri K.P. Agrawal Senior Advocate, assisted by Sri Hemant Kumar, has been heard on behalf of the workmen in all the petitions. 3. Employer Alstom Limited is a public limited company duly registered under the Companies Act. The workmen were employed as workers in the employment of the company. Their services were terminated on various dates between 22.9.1997 to 20.1.1998 as per the details mentioned in paragraph 5 of the writ petition. The workmen raised industrial dispute against the aforesaid action of the employers. The dispute was referred for adjudication under Section 4K of the Industrial Di...
Dua Supplies and Traders and a Partnership Firm Through Its Partner La ...
Court: Allahabad
Decided on: Jun-10-2005
Reported in: 2006(2)AWC1126
Arun Tandon, J.1. Head Sir A.K. Mishra Advocate on behalf of the petitioner, Sri Prakash Padia on behalf of Respondent No. 1.2. With the consent of the parties writ petition is being disposed of at the admission stage itself.3. Indian Oil Corporation Limited entered into an agreement of Dealership for Petrol and High Speed Diesel Oil with Sri R.C. Dua Supplies for carry on the business in the name and style of M/S Dua Supplies and Traders for running of retail outlet of Indian Oil Corporation Ltd. for the outlets situated at Fatehabad Road as well as Jeoni Mandi, Agra. For the said purpose a written agreement was executed between the parties on 11th May, 2000 (Photo copy of the agreement has been produced before this Court by the parties). By mean of an order sated 8th April, 2004 on instruction of the Divisional Office of Indian Oil Corporation, the sale and supply of M/S Dua Supplies and Traders (hereinafter referred to Dealer) was suspended with immediate effect. By means of another...
Surendra Kumar Sharma Son of Shri Shyam Bihari Lal Sharma and Ashok Ku ...
Court: Allahabad
Decided on: Jun-08-2005
Reported in: 2005(4)AWC3370; 2005(3)ESC2095
Arun Tandon, J.1. Victoria High School Association, Agra is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society has established an intermediate college in the name and style of Victoria Inter College, Agra which is a recognized and aided institution under the provisions of the Intermediate Education Act. The controversy giving rise to the present writ petition pertains to the office bearers of the society alone. The society has its own registered bye laws. Civil Misc. Writ Petition No. 18698 of 2005 was filed by Sri Sachin Kumar Srivastava in his capacity as alleged Secretary of the society against the order passed by the Deputy Registrar of the Firms, Societies and Chits, Agra dated 11.03.2005 whereby it was held that the list of office bearers with Sri Sachin Kumar Srivastava as Secretary was fabricated and cannot be accepted and therefore the list of office bearers registered on the basis of the said documents u...
Govind Nagar Sugar Limited Through Its Occupier K.M. Dubey Vs. State o ...
Court: Allahabad
Decided on: Jun-08-2005
Reported in: 2005(4)AWC3322
Arun Tandon, J.1. Heard Ms Bharati Sapru Advocate on behalf of the petitioner, Standing Counsel on behalf of respondent nos. 1 and 2, Sri Neeraj Sharma Advocate on behalf of respondent No. 3 and Sri Amit Kumar Singh Advocate on behalf of respondent No. 4.2. Govind Nagar Sugar Limited Walterganj, district Basti is a company incorporated under the Indian Companies Act. The said company has established an Industrial Unit for manufacturing sugar through vacuum process at Walterganj, district Basti. Similarly respondent No. 3, Balrampur Chini Mill Limited, has also established an Industrial Unit for manufacturing sugar through vacuum process at Babhnan district Gonda.3. The dispute giving rise to the present writ petition pertains to the following sugarcane purchase centers, namely (i) Chandra Deep Ghat Bankati, (ii) Barhni Chafa (A), (iii) Barhni Chafa (B) and (iv) Puraina Bhawaniganj.4. On behalf of the petitioner it is stated, that before the Cane Commissioner the petitioner had submitte...
Indian Oil Corporation Ltd. (Marketing Division), Vs. Assistant Labour ...
Court: Allahabad
Decided on: Jun-08-2005
Reported in: 2005(3)ESC1832; [2006(106)FLR972]
Arun Tandon, J.1. Heard Sri Prakash Padia Advocate on behalf of the petitioner Sri B.N. Singh and L.N. Singh on behalf of respondent no. 3, Sri Bal Mukund Advocate on behalf of the Union of India.2. Indian Oil Corporation, a Government Company duly incorporated under the Companies Act, has filed this writ petition against the award of the Labour Court dated 15th October, 2001 passed in Industrial Dispute Case No. 55 of 1999 as also against the order of the Assistant Labour Commissioner, Kanpur dated 16th December, 2002, whereby the petitioner has been directed to immediately enforce the award or to show case as to why action be not taken against the Corporation under Section 29 of the Industrial Disputes Act read with Section 47-A of the Act.3. The fact relevant for the purposes of disposal of the present writ petition are as follows:Respondent no. 3 Sri A.K. Mehra was appointed as temporary Class-3 employee on 2nd April, 1974 in the employment of the Corporation. On the basis of caste...
Murari Shah Sisodia Son of Shri Kanchan Shah Presently Posted as Farm ...
Court: Allahabad
Decided on: Jun-07-2005
Reported in: 2006(2)AWC1114; 2005(3)ESC1605
B.S. Chauhan, J.1. This Special Appeal has been filed against the judgment and order of the learned Single Judge dated 12.05.2005, by which the writ petition of the present appellant against the impugned transfer order has been dismissed, though the petition of the respondent No. 5 has been allowed.2. The facts and circumstances giving rise to this case are that vide order dated 10.07.2004, Dharam Pal Singh, the respondent No. 5 was transferred from Agra to Etah. By the same transfer order, the present appellant was transferred from Etah to Jhansi on the post of Farm Superintendent. Appellant filed a writ petition before the Lucknow Bench of this Court challenging his transfer order from Etah to Jhansi dated 10.07.2004. However, the same stood dismissed as withdrawn. The appellant, then made a representation before the State Government and succeeded in getting the transfer order dated 10.07.2004 cancelled vide order dated 27.10.2004. On the basis of the siad order, it is submitted that...
Bank of Baroda Vs. Mahfooz Ahmad and ors.
Court: DRAT Allahabad
Decided on: Jun-03-2005
Reported in: II(2006)BC46
1. Both the appeals have been heard analogous as the appellant/applicant is the same in both the appeals and although the respondents/defendants were different but the nature of both the cases is the same and similar. The points involved in both the appeals are also almost same and similar.The facts of the cases are simple and as such being reiterated in nutshell as follows: The appellant/applicant had sanctioned a sum of Rs. 19 lacs together with interest @ 18% per annum with quarterly rest to respondent-defendant No. 1, of which respondent-defendant No. 2 is the proprietor. The finance was sanctioned and disbursed for the licence of liquor shop. The defendant/respondent Nos. 3 to 8 stood as guarantors to defendant Nos. 1 and 2 and defendant/respondent Nos. 1, 4 and 6 had also deposited their original deed of title by way of security as equitable mortgage for the loan sanctioned and advanced. The banking documents as per banking rules were executed by the defendants-respondents in th...
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