Allahabad Court August 2005 Judgments
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Smt. Kamlesh Devi Vs. Cantonment Board and anr.
Court: Allahabad
Decided on: Aug-23-2005
Reported in: AIR2006All69; 2006(1)AWC107
D.P. Singh, J.1. Pleadings are complete and the counsel for the parties agree that this petition may be disposed of under the Rules of the Court.2. Heard Sri Utpal Chatterjee, learned Counsel for the petitioner and Sri Mohd. Isa Khan, learned Counsel for the respondent No. 1.3. This writ petition is directed against concurrent orders dated 12th August, 1999 and 18th September, 2003 by which a temporary injunction application filed in a suit for permanent injunction has been rejected by both the courts below.4. It appears that the plaintiff-petitioner allegedly purchased eastern portion of bunglow No. 70A, Alimpura in Meerut Cantonment vide sale deed dated 21.11.1994 having a total area of 263.05 sq. meters including built up area of about 141.03 sq. meters. It is contended that since the transferred constructions were very old, therefore, she repaired the same. However, the respondent claiming that new constructions were made, it issued notice under Section 256 of the Cantonment Act to...
Dushyant Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-23-2005
Reported in: I(2007)ACC157; 2007ACJ2637; AIR2006All109
1. This is an appeal from an order of an Hon'ble Single Judge passed on the 23rd of July, 2005, dismissing the writ petition of the appellant-writ petitioner. He is a Government Driver and is aggrieved by a Government Order dated 27.1.2005, by which an order for recovery of Rs. 41, 569/-with 9% interest has been passed against him; the recovery is to be made in 60 monthly instalments.2. This order was made because the Government had to pay an awarded sum of Rs. 31, 500/- in a motor accident claim, as per the order of the Motor Accident Claims Tribunal.3. The appellant was the Driver of the Government vehicle, which was alleged to have caused the accident. Under Section 146(2) of the Motor Vehicles Act, 1988, the Government vehicles need not have insurance. This vehicle did not have one.4. In the Motor Accident Claims Tribunal case, there were two defendants; the first was the State and the second was the Driver, although in the cause title his name could not be stated, as not being kno...
U.P. State Road Transport Corporation Vs. Resam Devi and anr.
Court: Allahabad
Decided on: Aug-23-2005
Reported in: IV(2005)ACC98
R.P. Misra, J.1. Heard learned Counsel for the appellant Mr. V.C. Dixit.2. This First Appeal from Order is directed against the award of Motor Accident Claims Tribunal. The bus of the appellant Corporation was involved in an accident which resulted in the death of one Prem Pal. The dependents of the deceased filed a claim petition. The claims Tribunal awarded a sum of Rs. 1,39,500/- along with 6% interest from the date of filing of claim till date of payment, as compensation.3. It has been urged by the learned Counsel for the appellant that it was proved by oral statement of the driver and conductor that the bus of the Corporation was not involved in the accident, which has been ignored by the Tribunal.4. We have gone through the impugned judgment. The Tribunal has considered the entire evidence on record and, thereafter, recorded finding of fact that the bus of the Corporation was involved in the accident. No other ground was pressed before us by the learned Counsel for the appellant....
U.P. State Road Transport Corporation Vs. Resham Devi and anr.
Court: Allahabad
Decided on: Aug-23-2005
Reported in: II(2006)ACC421
R.P. Misra, J.1. Heard learned Counsel for the appellant Mr. V.C. Dixit.2. This First Appeal from Order is directed against the award of Motor Accident Claims Tribunal. The bus of the appellant Corporation was involved in an accident which resulted in the death of one Prem Pal. The dependents of the deceased filed a claim petition. The Claims Tribunal awarded a sum of Rs. 1,39,500 along with 6% interest from the date of filing of claim till date of payment, as compensation.3. It has been urged by the learned Counsel for the appellant that it was proved by oral statement of the driver and conductor that the bus of the Corporation was d not involved in the accident, which has been ignored by the Tribunal.4. We have gone through the impugned judgment. The Tribunal has considered the entire evidence on record and, thereafter, recorded a finding of fact that the bus of the Corporation was involved in the accident. No other ground was pressed before us by the learned Counsel for the appellan...
U.P. Avas Evam Vikas Parishad Vs. Jagdish Prasad and ors.
Court: Allahabad
Decided on: Aug-23-2005
Reported in: 2006(2)AWC1334
N.K. Mehrotra, J. 1. This is a first civil appeal under Section 54 of the Land Acquisition Act read with Section 96, C.P.C. against the Judgment dated 26.4.1999 and formal order dated 9.7.1999 passed by the Presiding Officer, Nagar Mahapalika/Awas Evam Vikas Parishad Tribunal, Lucknow in Misc. Case No. 2 of 1984, Jagdish Prasad and Ors. v. State of U.P. and Ors. in reference petition under Section 18 of the Land Acquisition Act.2. It appears that the State of U.P. acquired certain land in Tal Katora Road Scheme for Housing development through Avas Evam Vikas Parishad. The impugned award relates to the land situated in village Biharipur, Pargana, Tehsil and District Lucknow. The Special Land Acquisition Officer awarded the compensation at the rate of 50 paise per Sq. Ft. In Reference under Section 18 of the Land Acquisition Act, the Tribunal enhanced the compensation from 50 paise to Re. 1 per Sq. Ft. The Tribunal has not allowed the interest on the amount of solatium.3. Both the learne...
Rajeev Kumar Khanna S/O Late Munna Lal Khanna Vs. Chief Manager (Karmi ...
Court: Allahabad
Decided on: Aug-22-2005
Reported in: [2005(107)FLR891]
Sunil Ambwani, J.Heard Sri Raj Kumar Khanna for petitioner and Sri Piyush Bhargava for respondent Bank. The background facts in a nutshell are as follows;1. The petitioner's father late Shri Munna Lal Khanna was serving as Daftary in Union Bank of India (in short the Bank), Station Road Branch, Mirzapur. He expired on 26.11.1996, while on duty. Smt. Sheela Khanna, the widow of the deceased employee made a representation to the Bank on 3.12.1996, nominating her son the petitioner, Rajeev Kumar Khanna for appointment under the scheme of appointment on compassionate grounds. In thes representation, she clearly staled that she is unable to join the service of the Bank for the reasons of her illness. The Deputy Manager of the Bank informed her vide letter dated 31.12.1997 that the request of Sri Rajeev Khanna for compassionate appointment has been declined by the competent authority. Smt. Sheela Khanna once again made a request to the General Manager (Personnel) of the Bank for appointment ...
Regional Joint Director of Education and ors. Vs. Smt. Raju V. John an ...
Court: Allahabad
Decided on: Aug-22-2005
Reported in: 2005(4)ESC2323
1. This Special Appeal has been filed against the judgment and order dated 7.2.2001 of a learned Judge of this Court in Writ Petition No. 17594 of 1998 by which the writ petition was allowed and the impugned order dated 25.3.1998 passed by the Regional Joint Director of Education, Agra Region, Agra (hereinafter referred to as the 'Regional Joint Director') was quashed so far as it related to the petitioner. A further direction was issued that the petitioner shall be entitled to receive salary along with the other approved staff and Teachers of the Baptist Higher Secondary School, Agra (hereinafter referred to as the 'School').2. The writ petition, out of which the present Special Appeal arises, was directed against the order dated 25.3.1998 passed by the Regional Joint Director. It was stated in the petition that the School, which was a minority Institution was brought on the grant-in-aid list by the State Government w.e.f. 1.4.1996 though it was initially run as a recognised Instituti...
Avneet Singh S/O Sri Yashveer Singh Sisodia, Managing Director, Sisodi ...
Court: Allahabad
Decided on: Aug-22-2005
Reported in: I(2006)BC158
Amar Saran, J.1. This application under Section 482 Cr.P.C. has been filed for quashing of the prosecution of the applicant under Section 138 of the Negotiable Instruments Act (for short, the Act) and summoning order dated 16.2.2004 and the order rejecting the protest petition dated 11.4.2005.2. The grounds for challenging the said proceedings and order were that as a matter of fact the applicant had made payment on different dates in respect of the bounced cheque. This contention is mentioned in paragraphs 4 and 5 of the applicant's application. Whether the applicant has or has not made the requisite payment is a question of fact which can only be considered by the trial court and cannot be considered in the present proceedings under Section 482 Cr.P.C.3. The second contention of the learned counsel for the applicant was that it was mandatory to make the company also an accused and cognizance should not have been taken when only the applicant was made an accused in the complaint filed...
Shri Kant Arya Son of Shiv Prasad Arya Supervisor, Weaving Maintenance ...
Court: Allahabad
Decided on: Aug-22-2005
Reported in: [2005(107)FLR1091]
Vineet Saran, J.1. The petitioner was initially appointed in the year 1985 as Supervisor Maintenance on probation in Atherton Mills of the National Textile Corporation. Thereafter vide order dated 27.7.1991 he was transferred to New Victoria Mills of the National Textile Corporation at Kanpur. He joined at New Victoria Mills, Kanpur on 29.7.1991. In the year 2001 some dispute arose with regard to his provident fund account. According to the petitioner, his employer (respondents) had wrongly got an account opened in the name of Shri Kant Misra instead of the petitioner's actual name which was Shri Kant Arya. The provident fund amount of the petitioner was thus deposited in a wrong name.2. However, before the said dispute could be resolved, the Respondent-Mill came up with a Modified Voluntary Retirement Scheme. By his offer dated 12.7.2002 the petitioner opted for voluntary retirement under the said scheme but subject to the condition that his entire dues (which included the provident f...
In Re: Juggilal Kamlapat Holding Ltd.,
Court: Allahabad
Decided on: Aug-22-2005
Reported in: [2006]132CompCas237(All); [2006]71SCL149(All)
ORDERSunil Ambwani, J.1. This company application by summons as provided in Rule 67 of the Companies (Court) Rules, 1959 was filed under Section 391/394 of the Companies Act, 1956 jointly by Juggilal Kamlapat Holding Ltd., having its registered office at Kamal Tower, Kanpur-208001 (hereinafter referred to as 'the transferee company') J.K. Investment Ltd., having registered office at Kamla Tower, Kanpur-208001 (hereinafter also referred to as the 'die transferor company No. 1') and Kanpur Investments Ltd., having its registered office at Kamla Tower, Kanpur-208001 (hereinafter also referred to as 'the transferor company No. 2') to approve the scheme of amalgamation for the amalgamation of the transferor company No. 1 (J.K. Investment Ltd.) and the transferor company No: 2 (Kanpur Investments Ltd.) with the transferee company (Juggilal Kamlapat Holding Ltd.).2. Upon hearing the company petition this Court by its order dated 23.5.2005 directed to advertise the petition - in Hindustan Time...
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