Allahabad Court January 2006 Judgments
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State Bank of India Vs. Elcaps Capacitors Ltd. and ors.
Court: DRAT Allahabad
Decided on: Jan-18-2006
Reported in: II(2006)BC30
1. This appeal has been preferred against the dismissal recorded by the then Presiding Officer, DRT, Jabalpur in T. A. No. 997 98. The dismissal has been recorded only on the ground of limitation and merit of the case had not been considered by the Tribunal in the impugned judgment. A civil suit was filed by the appellant Bank before the District Judge, Raisen, Madhya Pradesh, for realization of Rs. 2.00 crores and odd as the loan taken by the defendant-respondents had not been paid. The suit was filed in the Civil Court on 25.3.1995 and the same was registered as Civil Suit No. 7-B/96. While the civil suit was pending before the Civil Court, Tribunal was set up at Jabalpur and as such the same was transferred to DRT, Jabalpur, wherein it was registered as T.A. No. 99/ 98. A reference was made by the defendant company before the BIFR and such reference was registered on 26.12.1976 and for that reason as per the provisions of SICA the proceedings before the Civil Court and the Tribunal...
C.N. Enterprise Vs. Dena Bank
Court: DRAT Allahabad
Decided on: Jan-18-2006
Reported in: II(2006)BC189
1. This appeal has been preferred against the order dated 24th May, 2005 passed by the learned Presiding Officer, DRT, Jabalpur in O. A.No. 47/2002, whereby and whereunder the application made by the defendant-appellants on 25th April, 2005 seeking permission for cross-examination of the Bank witnesses has been rejected.2. The respondent-Bank had filed the original application before the DRT. Jabalpur for recovery of Rs. 12,04,5567- against the defendant-appellants. On receipt of notice by the appellants they filed reply to the memo of appeal and raised various questions on limitation, legality of the mortgage and towards maintainability of the original application. They had also filed an application for considering the maintainability which was once decided in favour of the appellants but on appeal the said dismissal order of the original application was set aside by this Appellate Tribunal. Then the appellants filed the application for cross-examination of the witnesses of the Bank ...
Sripal Singh S/O Sri Bhagwant Singh Vs. State of U.P. Through Secretar ...
Court: Allahabad
Decided on: Jan-18-2006
Reported in: [2006(109)FLR162]
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. We are in respectful agreement with the order passed by an Hon'ble Single Judge on 30.11.2005 dismissing the writ petition of the appellant, although, with respect, we would like to add certain other reasons than those given by his Lordship.2. The admitted fact by the appellant-writ petitioner is that he retained Rs. 50,000/- (Rupees Fifty Thousand) of the respondents' money seeking to return it on monthly basis. This appears to have been done on his own unilateral decision. Notunexpectedly he was suspended and that order is dated 28.10.2005; the writ petition was directed against this order. The suspension order was communicated by the Member-Secretary.3. In the Full Bench decision of Ram Chandra Pandey's case, reported at (1997) 3 UPLBEC 1747, the first answer to the decided question5in paragraph 16 clearly shows that the Member-Secretary can suspend a member of the centralised service even in the absence of a decision of suspension of the ...
Uttar Pradesh Urdu Development Organisation Through Its Hony. General ...
Court: Allahabad
Decided on: Jan-18-2006
Reported in: 2006(2)AWC1302
Sushil Harkauli, J.1. This writ petition in the nature of Public Interest Litigation, has been filed with the following prayers:(i) to issue a writ, order or direction in the nature of writ of certiorari quashing the Rule 4, Rule 5, and Rule 5 of U.P. Panchayat Raj (Nirvachak Registrikarn), Niyamawali, 1994; U.P. Nagar Nigam (Nirwachak Namawali ka Taiyar kiya Jana aur punrichan), Niyamawali, 1994 and U.P. Nagar Palika (Nirwachak Namawali ka Taiyar kiya Jana aur, punrichan), Niyamawali, 1994 respectively as ultraviress to the U.P. Official Language (Amendment) Act 1989 as well Constitution of India.(ii) to issue a writ, order or direction in the nature of writ of mandamus directing the respondent to implement the U.P. Official Language (Amendment) Act, 1989 and (Govt. Order dated 19.11,1990 issued thereunder in the Panchayat, Nagar Nigam, Nagar Palika and other Local Bodies forthcoming elections.(iii) to issue a writ, order or direction in the nature of writ of mandamus directing the re...
Smt. Meena Sahu @ Meenu Sahu Widow of Late Ashok Babu Sahu Vs. Life In ...
Court: Allahabad
Decided on: Jan-18-2006
Reported in: AIR2006All156; 2006(2)AWC1295; 2007(2)CTLJ358(All)
R.K. Agrawal and Saroj Bala, JJ.1. This writ petition, under Article 226 of the Constitution of India, has been filed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to make payment of Rs. 50,000/-P.T. 124-15 with interest under the Life Insurance Policy No. 310786680.2. The facts leading to the writ petition put briefly are these:The petitioner's husband Ashok Babu Sahu had purchased Life Insurance Policy No. 310786680 on 31.10.1998 for a sum of Rs. 50,000/-, The petitioner's husband who was admitted in Anand Hospital, Allahabad on 10.1.2000 expired on 14.1.2000 at 8 a.m. due to brain heamorrhage. The petition/nominee tiled assurance claim before the respondents which was repudiated on the score that the answers given to the question No. 11(a) (b), (d) and (i) of proposal for insurance were incorrect as the assured suffered from various liver disorders such as cirrhosis, recurrent jaundice episode and hepatic encephalopathy since June 19...
Ram Singh S/O Late Sri Bhagwan Singh Vs. U.P. Corporation Ltd. Through ...
Court: Allahabad
Decided on: Jan-18-2006
Reported in: 2006(3)AWC2460
Rakesh Tiwari, J.1. The petitioner has bean transferred from Banda to Jhansi vide order dt. 22.5.03. He has not joined at his transferred place of posting for almost 3 years. He has also been issued letter to join at Jhansi but petitioner has not joined at Jhansi on the ground that his wife is suffering from Histerla and she is under medical treatment.2. The petitioner has approached this court on the ground that his representation pending before authorities has not yet bean decided. In the representation, he has stated that his wife is under treatment for Histeria and he la living at Banda with his family. The wife is being looked after by the family members and there is no other person to look after her at Jhansi, as such the order of transfer be stayed.3. It appears that Dy. General Manager (works and stores) vide his letter dt. 10.06.03 had also written to the executive engineer to consider the case of the petitioner sympathetically.4. It is evident from the above facts that the pe...
Chand Chhap Fertilizer and Chemicals Limited (Formerly Known as Ici In ...
Court: Allahabad
Decided on: Jan-18-2006
Reported in: 2006(3)AWC2254; [2006(109)FLR666]; (2006)IILLJ1100All
Bharati Sapru, J.1. The present petition arises out of proceedings under Rule 25(2)(v)(a) of the U.P. Contract Labour (Regulation and Abolition) Rules, 1975 (hereinafter referred to as the Rules, 1975}.2. By the impugned order dated 7.1.1994 passed in case No. 32 of 1990 (Annexure 8 to the writ petition), the authority has given to the two respondent workmen who were contractor's workmen, wages which were to be given to the casual employees of the principal employer the petitioner.3. The facts of the case are that the petitioner M/s. Chand Chhap Fertilizer and Chemicals limited, later known as ICI Limited and now known as Duncans Industries Ltd., was the principal employer, In order to undertake certain jobs in the industry, the principal employer had engaged one contractor by the name of M/s. Saran Engineering Works, who was a duly licensed contractor under the provisions of Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970 thereinafter referred to as the Act, 1970)....
Ram Pal Singh Son of Late Parsadi Vs. State of U.P.
Court: Allahabad
Decided on: Jan-17-2006
Reported in: 2006CriLJ1439
K.N. Sinha, J.1. Heard learned Counsel for the applicant and the learned AGA I have perused the impugned order2. The applicant moved an application before the magistrate under Section 156(3) Cr.P.C. on the ground that he is a mansion by profession and use to live in the house situated at village Galan along with his grandmother . His grand mother died 16-17 years back. On 30.10.2004 he locked his house and went to Hapur in connection with his job and on his return on 4.11.2004 he found that Lahari, Pappu Kamal Singh and Smt. Asha had occupied the said house and removed the household goods. The factum regarding removal of house hold goods was told to him by village people hence prayed for registration of the case at the police station. The said prayer was rejected by order dated 25.11.2005 and the application was directed to be treated as complaint and the court fixed a date for recording of statement under Section 200 Cr.P.C.3. Being aggrieved by the said order the present application ...
Sampurnanand Dixit Son of Late Ramanand Dixit Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Jan-17-2006
Reported in: [2006(109)FLR169]
Rakesh Tiwari, J.1. Heard learned for the parties and perused the record.2. This writ Petition has been filed for issuance of a writ order are direction in the nature of mandamus directing the respondents to pay subsistence allowance to the petitioner from the date of suspension till conclusion of the disciplinary proceedings.3. The petitioner was suspended vide order dated 10/6/2003 on certain charges. He is not toeing Paid subsistence allowance.4. The counsel for the respondents submits that embezzlement has been committed by the petitioner. In case any embezzlement has been committed by the petitioner, he may be punished after holding enquiry but during pendency of enquiry subsistence allowance can not be stopped. An employee is expected to service and defend himself for which subsistence allowance is paid.5. In the circumstances, the petition is disposed with a direction to the authority concerned to pay the a rears of subsistence allowance to the petitioner forthwith and shell con...
Vimlesh Singh Yadav Son of Late Rama Shankar Yadav Vs. State of U.P. T ...
Court: Allahabad
Decided on: Jan-17-2006
Reported in: 2006(3)AWC2465; [2006(109)FLR298]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. Late Sri Rama Shankar Yadav, father of the petitioner was working as a driver in the office of the Project Manager, UP. Projects and Tube-wells Corporation Ltd. (respondent No. 4) since 1979. He died in harness in May 2002, The petitioner made an application under the provisions of the Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules) for his appointment to respondent No. 4 on compassionate ground being the son of the deceased Rama Shankar Yadav.3. The learned Counsel for the petitioner contends that the petitioner has no source of livelihood and that his subsequent representation for appointment on compassionate ground has fallen on deaf ears of the respondents, as such he has approached this Court for a direction in the nature of mandamus to the respondents to consider his appointment under the aforesaid Rules or issue any suitable wri...
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