Allahabad Court September 2005 Judgments
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Union of India (Uoi) and ors. Vs. Radha Krishna Seth and anr.
Court: Allahabad
Decided on: Sep-14-2005
Reported in: 2006(2)ARBLR441(All); 2006(3)AWC2754
1. The order impugned in this appeal under Section 37 of the Arbitration and Conciliation Act No. 26 of 1996 (hereinafter called 'the Act') is dated 01.04.2005 passed by the District Judge, Lucknow rejecting an application under Section 5 of the Limitation Act for condonation of delay as not maintainable and dismissing the objection under Section 34 of the Act as barred by limitation.2. It appears that pursuant to some arbitration agreement, the arbitrators were appointed, who gave their arbitral award on 05.01.2001. A certified copy of the said award was served on the appellants on 01.02.2001. An objection purporting to be under Section 34 of the Act along with an application under Section 5 of the Limitation Act was filed before the learned District Judge, Lucknow on 09.06.2003. As such, there was delay of 2 years, 4 months and 8 days. The respondents objected to the maintainability of the application under Section 5 of the Limitation Act and pleaded that objection under Section 34 o...
Cal Ltd. and ors. Vs. Bank of India
Court: DRAT Allahabad
Decided on: Sep-13-2005
Reported in: I(2006)BC99
1. These three Miscellaneous Appeals arise out of an order dated 23.7.2004 passed by the DRT-I, Delhi in LA. 869/2004 and LA. 868/2004 and an order made in O.A., rejecting the request on behalf of these appellants for cross-examination of the witnesses of the respondent Bank.2. This appellant is defendant in O.A. 59/2003 instituted by the respondent Bank for recovery of certain amounts. During O.A.proceeding, this appellant filed two applications, one in LA. 869/2004 seeking sending certain documents of the respondent Bank to CFSL for scientific examination, for handwriting verification and for assessment of time when the entries and signatures were made on the documents and further, for initiating action against the erring officials of the respondent Bank under Section 340, Cr.P.C. The other LA. 868/200 is for summoning two employees of the appellant company who were working with the appellant but left services of the company.3. According to the appellant these persons have the knowl...
AchIn Singhal Son of Late Sita Ram Gupta Vs. State of U.P. Through Its ...
Court: Allahabad
Decided on: Sep-13-2005
Reported in: [2005(107)FLR762]
Tarun Agarwala, J.1. Heard learned counsel for the parties.2. The petitioner's father died in harness on 12.3.1996. The petitioner's mother applied for an appointment under the Dying-in-Harness Rules on 23.3.1996. This application was rejected by an order dated 4.4.1997 on the ground that the petitioner's mother did not possess the requisite height. The petitioner's mother filed a review application and during the pendency of the review application, the petitioner attained the age of majority and consequently, the petitioner's mother moved an application (Annexure 7 to the writ petition) praying that in her place, the petitioner may be given an appointment under the Dying-in-Harness Rules. This application of the petitioner was rejected by an order dated 5.12.2002, on the ground, that in view of the Government Order dated 30.5.2001, the relaxation of the time limit was granted by the State Government only in those cases where the employee had been killed in action during the service. I...
Kanpur Dugdh Utpadak Sahkari Sangh Ltd. Vs. Presiding Officer, Labour ...
Court: Allahabad
Decided on: Sep-13-2005
Reported in: [2005(107)FLR753]
D.P. Singh, J.1. Pleadings are complete and the learned counsel for the parties agree that this petition may be disposed off finally under the Rules of the Court.2. Heard learned counsel for the parties.3. This writ petition is directed against an award of the labour court dated 19.11.2003 published on 23.3.2004 by which the respondent workman has been granted the promotional pay scale of Rs.570-1100 corresponding revised scale of Rs.1400-2600.4. Kanpur Dugdh Sahkari Sangh Ltd., Nirala Nagar, Juhi, Kanpur is a Central Milk Cooperative Society within the meaning of Section 2(d-l) of U.P. Cooperative Societies Act, 1965 and is governed by it and the Rules framed there-under. The respondent-workman was appointed as Junior Clerk (Route) on 17.12.1973 in the pay scale, of Rs.200-320/-, while one N.S. Gautam was also appointed on the said post on 14.12.1974. Both were appointed in the Marketing Department. Sri Gautam was temporarily transferred to Time Office vide order dated 15/16.10.1975 b...
Godrej Industries Limited Through Its General Power of Attorney, Holde ...
Court: Allahabad
Decided on: Sep-13-2005
Reported in: 2006(1)AWC359
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 7.8.2003 (Annex 11), passed by the Additional District Magistrate, Gautam Budh Nagar, rejecting the application of the petitioner not to make the payment of compensation for the land acquired, to the respondent nos. 4 to 7, on the ground that petitioner had purchased the said land from their predecessor-in-interest vide Registered Sale Deed dated 21.12.1989 (Annex. 1).2. The facts and circumstances giving rise to this case are that petitioner had purchased the land in dispute from the predecessor-in-interest, father of respondent nos. 4 to 7 vide Registered Sale Deed dated 21.12.1989. Notification under Section 4 of the Land Acquisition Act, 1894 (in short 'Act') was issued in respect of a very large area, including the land in dispute on 27.11.2001. Applying the urgency clause, under Section 17(4), filing of objections under Section 5A of the Act were dispensed with. Declaration under Section 6 of the Ac...
Smt. Sampatti Devi Wife of Late Ram Lal Mishra Vs. State of Uttar Prad ...
Court: Allahabad
Decided on: Sep-13-2005
Reported in: [2005(107)FLR903]
Tarun Agarwala, J.1. The husband of the petitioner was a Principal in Shri Dharm Sanskrit Vidhyalaya which is an educational institution recognized under the U.P. Intermediate Education Act and is also receiving a grant-in-aid from the State Government. The husband of the petitioner was murdered on 19.7.1981 while in service. The petitioner applied for a family pension. The Additional Inspector, Jhansi Region, Jhansi, vide letter dated 30.9.1985 intimated the Deputy Director of Education that the pension papers would not be processed as the husband of the petitioner had not submitted the form indicating as to whether he would retire at the age of 58 years or 60 and further enquired as to whether the new pay scale would be admissible in the case of the petitioner's. It transpires that on account of the correspondence being made between one authority and another authority, the petitioner ran from pillar to post and could not get the relief. From the record, it further transpires that on ...
Smt. Bindu Devi, Wife of Shri Mahendra Prasad and Sonu (Minor), Son of ...
Court: Allahabad
Decided on: Sep-12-2005
Reported in: 2006(1)AWC249
Vineet Saran, J.1. The petitioner No. 1 Smt. Bindu Devi and respondent No. 2 Mahendra Prasad were married on 26.2.1990. Mahendra Prasad filed Original Suit No. 54 of 2001 for decree of divorce on the ground of the petitioner No. 1 having deserted him. During the pendency of the suit, the petitioner No. 1-wife as well as petitioner No. 2-minor son filed an application under Section 24 of the Hindu Marriage Act, 1955 claiming maintenance of Rs. 5,000/- per month for the wife and Rs. 2,500/- per month for minor son plus a sum of Rs. 20,000/- as lump sum amount towards litigation expenses. This amount was claimed on the basis that the husband was employed as a Junior Engineer and was earning Rs. 20,000/- per month, besides having agricultural income to the tune of about Rs. 25,000/- per month. The husband filed objections claiming that, though he was a Junior Engineer in the Irrigation Department and was getting salary of about Rs. 6,000- 7,000/- per month but, he also had the liability to...
New Kanpur Flour Mills Pvt. Ltd., Through Its Director Shri Rama Shank ...
Court: Allahabad
Decided on: Sep-12-2005
Reported in: 2006(1)AWC101
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, New Kanpur Flour Mills Pvt. Ltd. seeks the following reliefs:-'(a) 'issue' a writ, order or direction in the nature of certiorari, quashing the impugned order dated 3rd December, 1999 (annexure No. 11 to writ petition), passed by the State Government/respondent No. 1;(b) 'issue' a writ, order or direction in the nature of mandamus, directing the respondents not to give effect to the impugned-order of respondent No. 1 dated 3rd of December, 1999(annexed as annexure No. 11 to this writ petition);(c) 'issue' a writ, order or direction in the nature of mandamus, directing the respondents to extend the benefit of 20% rebate in making the deposit of free-hold amount by the petitioner as per the Government Orders dated 02.10.1994 and 17.02.1996(annexure nos.2 and 3 respectively to this petition) and not to make any further recovery of 20% rebate from the petitioner;(d...
Smt. Sureshwati, Widow of Late Sri Ram Vs. State of U.P. Through Colle ...
Court: Allahabad
Decided on: Sep-12-2005
Reported in: 2006(1)AWC74
Mukteshwar Prasad, J.1. This first appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') by Smt. Sureshwati (claimant) is directed against the judgment and decree dated 24.1.2001 passed by District Judge, Gautam Budh Nagar whereby he found that neither the claimant nor M/s NSR Farms Pvt. Ltd. is entitled to receive compensation in respect of Khasra No. 554/3 area 5-0-0 Bighas situate in village Geja Tilaptabad, Pargana and Tehsil Dadri, District Gautam Budh Nagar and the land in question would be deemed to have been resumed by the State.2. In brief, the facts of the case giving rise to this appeal are as under:-It appears that the land recorded as Khasra No. 554/3 area 5-0-0 Bighas situate in village Geja Tilaptabad, Pargana and Tehsil Dadri, District Gautam Budh Nagar was acquired for the planned development of New Okhla Industrial Development Authority. In the Revenue records, the name of Smt. Sureshwati, widow of Shri Ram, was recorded as B...
Dilshad S/O Haji Risal Vs. State of U.P. and Smt. Hajra Begum W/O Dils ...
Court: Allahabad
Decided on: Sep-12-2005
Reported in: AIR2005All403; 2005CriLJ228; I(2006)DMC461
M.K. Mittal, J.1. This application under Section 482 Cr.P.C. has -been filed by Dilshad husband of Smt. Hazara Begum wherein he has challenged the order of the Learned Magistrate passed under Section 125(3) Cr.P.C. directing issuance of recovery warrant against the applleant for Rs. 22,500/-.2. The brief facts giving rise to this application are that the opposite party No. 2 filed an application under Section 125 Cr.P.C. on 20.5.1999 against the applicant claiming maintenance for herself and her two children. The applications was allowed by an ex-parte order dated 27.7.2000 and total maintenance of Rs. 1500/- per month for three person was awarded from the date of the application. The applicant did not pay any maintenance and then an application under Section 125(3) Cr.P.C. was filed on 28.8.2000 and on that application recovery warrant was issued against the applicant for Rs. 22,500/-. Since the applicant did not pay the amount he was arrested and was sent to jail where he remained fo...
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