Allahabad Court August 2005 Judgments
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Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...
Court: Allahabad
Decided on: Aug-18-2005
Reported in: 2005(4)AWC3563; 2005(3)ESC2209
1. The petitioner who was elected to the office of Adhyaksha (Chair person), Zila Panchayat, Allahabad in the elections held in November, 2000, has approached this Court with a prayer for quashing the impugned order dated 30th July, 2005 (Annex. 15) passed by the respondent State Government removing the petitioner from her office on the basis of alleged charges which the State Government contends to have been proved against the petitioner under the provisions of Section 29 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter called the '1961 Act') read with The Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 (hereinafter called the 1997 Rules'). Haunted and hotly pursued by her rival political opponents, the petitioner contends that the impugned order is a result of political motivation and is a complete mala fide exercise of power in violation of the provision...
Meerut Development Authority, Through Its Secretary Vs. Surendra Kumar ...
Court: Allahabad
Decided on: Aug-18-2005
Reported in: 2006(1)AWC298
D.P. Singh, J.1. Pleadings are complete and the counsel for the parties agree that the petition may be disposed off under the Rules of the Court.2. Heard learned counsel for the parties. 3. The petitioner Development Authority entered into an agreement dated 26.12.1979 for construction of a Panchayat Bhawan at Qaiserganj, Meerut. A dispute arose between the parties and on the basis of the agreement an Arbitrator was appointed vide order dated 3.3.1991 who has rendered an award dated 6.10.1991 and the same was made Rule of the Court vide order dated 13.8.1996 and the appeal against the same was also dismissed vide order dated 21.5.2001. The award and the two orders of the court below are under challenge in this petition.4. The only submission raised on behalf of the petitioner is that the Arbitrator could not have awarded interest more than 6% in view of para 7-A of the Arbitration Act, 1940, as amended in its application to the State of U.P.5. It would be relevant to quote the amended ...
State Bank of India Through Its Deputy General Manager Vs. Union of In ...
Court: Allahabad
Decided on: Aug-18-2005
Reported in: 2006(1)AWC299; [2006(107)FLR898]; (2006)ILLJ625All
Vineet Saran, J.1. This is the third inning of litigation between the panics, cause of action of which arose in the year' 1969.2. Brief facts of this case as admitted to the parties are that respondents no, 3 to 27 were employees of the petitioner State Bank of India. By order dated 16th August, 1969 they were dismissed from service by the Bank. Thereafter on 21st June 1985, an industrial dispute was raised by the said workmen and the Central Government made a reference to the Central Government Industrial Tribunal cum-Labour Court, Kanpur. The terms of the reference are quoted below:'Whether the action of State Bank of India in relation to their Gorakhpur Branch in terminating the services of Shri Ram Chancier Dubey and 25 other employees of the Bank (as mentioned in Annexure) is justified? If riot, to what relief are the workmen concerned entitled?3. The said reference was registered as Industrial Dispute Case No. 255 of 1985. After hearing the parties, the Industrial Tribunal gave i...
Dr. Bishambhar Dayal Gupta Son of Sri Khyali Ram Gupta Vs. the Visitor ...
Court: Allahabad
Decided on: Aug-18-2005
Reported in: 2006(1)AWC608
B.S. Chauhan and Arun Tandon, JJ.1. Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Diwakar Raj Sharma, Advocate on behalf of the petitioner, Sri Sashi Nandan, learned Senior Advocate, assisted by Smt. Sunita Agarwal, Advocate on behalf of Aligarh Muslim University, Aligarh and Sri K.C. Sinha, learned Assistant Solicitor General of India, 'on behalf of Union of India.2. The petitioner, Dr. Bhishambhar Dayal Gupta, was employed as Reader, Department of Psychology in the Aligarh Muslim University, Aligarh. The petitioner was placed under suspension under order of the Vice-Chancellor of the University in exercise of powers under Statute 40 (3) .(C) of the first Statutes of the University pending enquiry. He was served with a charge-sheet dated 17/18th September, 1986 and was required to submit his reply thereto, within ten days from the date of receipt of charges as levelled against him, which were ten in number. Sri Vashudevan, retired Commissioner, Department of Inquirie...
Shri NaraIn Saxena Vs. Principal Secretary (Tax and Registration), U.P ...
Court: Allahabad
Decided on: Aug-18-2005
Reported in: 2005(4)ESC2431
1. By means of tine present, writ petition, the petitioner has prayed for quashing the order dated 30.3.2002 (Annexure 8), passed by respondent No. 2, by which petitioner has been compulsorily retired. The petitioner was initially appointed on 1.3.1967 as Assistant in U.P. Trade Tax Department. Later on, he stood promoted as Senior Assistant and finally as Trade Tax Officer (Class II) by order dated 12.5.2000.2. It has been submitted that while working as Trade Tax Officer at Etah, the petitioner came to know that there were certain irregularities in the registration of shops and the survey reports were prepared casually under pressure of the shop-keepers. In this connection, the petitioner did not grant any registration to M/s. Kumar Machinery Stores without conducting survey of the shop and without looking into the record. After survey, petitioner did not find anything, and as such, he did not record anything in the survey diary. It appears that under the pressure of the aforesaid Fi...
Jagdamba Prasad Pathak S/O Ram Sukh Pathak Vs. Sri Sanjeev Kumar Agarw ...
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)AWC120
S.P. Mehrotra, J.1. The present Contempt Petition has been filed, inter-alia, praying for punishing the opposite party for having allegedly committed contempt of this Court by disobeying the order dated 10th May, 2004 (Annexure 2 to the Affidavit accompanying the Contempt Petition) passed by this Court in Civil Misc. Writ Petition No. 52001 of 2002.2. I have heard Sri Naval Singh, learned counsel for the petitioner-applicant, and perused the record.3. It is evident from a perusal of the averments made in the Contempt Petition and the Affidavit accompanying the Contempt Petition including the said order dated 10th May, 2004 that the said order dated 10th May, 2004 was an interim order passed during the pendency of the said writ petition subject to certain conditions. It was, inter-alia, clearly mentioned in the said order dated 10th May, 2004 that in the event of default of any of the conditions referred to in the said order dated 10th May, 2004, the said order dated 10th May, 2004 woul...
Abhinav Chaturvedi Son of Shri Ashok Chaturvedi, Proprietor, Panchshee ...
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)ALD(Cri)25; I(2006)BC112; 2005CriLJ4561
R.C. Deepak, J.1. The present writ petition relates to a complaint under Section 138 Negotiable Instruments Act. The basic issue raised before the Court is the non-compliance of mandatory process of serving of the notice upon the accused/petitioner.2. Heard S/Sri V.M. Zaidi, Anil Bhushan, Gautam Chaudhary, learned counsel for the petitioner, Sri V.P. Srivastava, Seem a Agarwal, Mayank Agarwal, learned counsel for the respondent concerned, learned A.G.A. for the State and perused the record.3. The issuance of cheque of a sum of Rs. 6,09,99.31 and its dishonour from the bank concerned due to insufficient amount in the account of the drawer/petitioner is not in dispute. The drawer/petitioner had an information that the cheque was dishonoured. The registered notice appeared to have been sent on the correct address of the petitioner. Such address is also undisputed. The endorsement of the postal department and the notice to the effect approached/visited several times i.e. on 28.1.2003, 29.1...
Nanak Chandra, Pad Accounts Clerk Vs. Sri Vinay Kumar Srivastava, Mana ...
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)AWC99
S.P. Mehrotra, J. 1. The present Contempt Petition has been filed, inter-alia, praying for punishing the Opposite Party for having allegedly committed contempt of this Court by violating the order dated 3rd March, 2004 (Annexure 2 to the Affidavit accompanying the Contempt Petition) passed by this Court in Civil Misc. Writ Petition No. 4900 of 1998.2. I have heard Sri S.S. Sharma holding brief for Sri R.B. Lal, learned counsel for the petitioner-applicant, and perused the record.3. It appears that an award dated 29th October, 1996 was given by the Labour Court, U.P., Agra in Adjudication Case No. 311 of 1989. Copy of the said award has been filed as Annexure 1 to the Affidavit accompanying the Contempt Petition.4. It was held in the said award that the services of the petitioner-applicant had not been legally terminated, and he was deemed to be continuously in service. It was further directed that the petitioner-applicant be reinstated with full back wages since date of termination of ...
Sadiq Ali Alias Sadaq Ali Son of Late Samsher Ali and Gulfam Son of Sa ...
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)AWC343
Vineet Saran, J.1. One Shyam Singh met with an accident on 31.10.1998 and received serious injuries on account of which he expired on 2.11.1998. The widow, children and other dependants of the deceased Shyam Singh filed a Motor Accident Claim Petition No. 109 of 1999 before the District Judge, Meerut on 10.2.1999. The petitioners who were the owner and driver of the vehicle: which caused the accident and who were arrayed as opposite parties, filed their written statement on 1 1.5.1999 clearly admitting the ownership of the vehicle in question but, however, denied that the said vehicle was involved in the accident in which Shyam Singh is said to have received injuries. Clear admissions to that effect have been made, not only in one paragraph, but in four paragraphs of the written statement, namely, paragraphs 13, 14, 21 and 22. On the basis of the pleadings of the parties, issues had been framed and some witnesses had also been examined. However, on 26.4.2003, after engaging a new couns...
Pavitra Kumar Garg Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Aug-17-2005
Reported in: 2006(1)AWC349
Anjani Kumar, J.1. These three writ petitions since raise common question of facts and law, therefore with the consent of learned Counsel appearing on behalf of the parties, they are being heard and decided together by common judgment.2. These three petitioners-tenants, by means of present writ petitions under Article 226 of the Constitution of India, have challenged the order dated 13th August, 2002, passed by the prescribed authority under Section 21(1)(a) of the U. P. Act No. XIII of 1972 (In short 'the Act') and the order dated 24th December, 2002, passed by the appellate authority under the provisions of Section 22 of 'the Act', whereby the appellate authority has dismissed all the three appeals preferred by the petitioners-tenant against the order passed by the prescribed authority by which the release applications under Section 21(1)(a) of 'the Act' against the three tenants have been allowed by the prescribed authority, copies whereof are annexed as Annexures-'7' and '8', respe...
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