Allahabad Court January 2006 Judgments
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Dr. Gorakhnath Vs. U.P. Higher Education Services Commission and ors.
Court: Allahabad
Decided on: Jan-16-2006
Reported in: 2006(2)AWC2055
V.M. Sahai and B.A. Zaidi, JJ.1. The petitioners and the respondent No. 6, in this writ petition before us are the two contenders here claiming their Hen and right which we will narrate below, on the post of Lecturer in Hindi in U.P. College, Varanasi. It is respondent No. 6, at present, who is functioning on the said post, for last two years.2. It so happened that one Dr. Tushar Kanti Singh, was functioning against the aforesaid post in said college and in the event of his death said post became vacant. The averment of the petitioner in this behalf is that it was one Dr. Ram Bachan Singh, who was functioning against this post, which fell vacant on 30.6.1998, in the event of his retirement. Whatever it may be, the fact remains the vacancy of Lecturer in Hindi in the said college occurred and an advertisement to fill up the said vacancy was made by U.P. Higher Education Services Commission vide Advertisement No. 32 (Annexure-3 to the writ petition) on April 2, 2001. This is a fact which...
U.P. Power Corporation Ltd. Vs. Universal Insulators and Ceramics Ltd. ...
Court: Allahabad
Decided on: Jan-16-2006
Reported in: 2006(2)AWC2086
N.K. Mehrotra, J.1. The first case amongst four cases referred to above is the appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the 'Act') against the order dated 28.8.2004 passed by the Civil Judge (Senior Division), Rae Bareilly in Misc. Case No. 32 of 2004 whereby the application of the appellant, U.P. Power Corporation Limited (hereinafter referred to as the 'U.P.P.C.L.') under Section 30/33 or the Act has been rejected and the interim award dated 24.2.2004 made by the Arbitrator Sri S.K. Rai has been made a Rule of the Court. The cross-objection has been preferred against a finding of the Civil Judge (Senior Division), Rae Bareilly in the same judgment. Since the impugned order dated 28.8.2004 is the composite order on the application under Section 30/33 of the Act moved by the appellant and the application under Section 17 of the Act moved by the respondent, M/s. Universal Insulators and Ceramics Limited, Rae Bareilly (hereinafter referred to as th...
Hari Om Yadav S/O Shri Viddhya Ram Yadav Vs. State of U.P. Through Its ...
Court: Allahabad
Decided on: Jan-13-2006
Reported in: 2006(1)AWC771
S. Rafat Alam and Poonam Srivastava, JJ.1. In the instant petition sole petitioner has challenged the constitutional validity of Section 27-A of the U.P. Kshetriya Panchayats and Zila Panchayats Adhiniyam, 1961 U.P. Act No. 53 of 1961 (hereinafter referred to as '1961 Act), which imposes bar on legislatures and holders of certain offices oecoming and continuing as Pramukh, Up Pramukh, Adhyaksn and Jpadhyaksh.2. Heard Shri S.P. Gupta, Senior Advocate, assisted by Mr. Yashwant Vermo, learner counsel for the petitioner, Shri Chandra Shekhar Singh, learned Standing Counsel appearing for the State, Shri P.K. Mishra, learned counsel appearing for the State Election Commission, Shri B.D. Madhyan, learned Senior Advocate* assisted by Shri Satish Madhyan, learned Senior Counsel appearing tor Shri Brijendra Singh son of Ram Bharosey Lal, newly impleaded respondent, who has filed impleadment application as he is elected member from Ward No. 22 of Zila Panchayat, Firozabad. He has staked his claim...
The Branch Manager, State Bank of India, Kunda Branch Vs. Presiding Of ...
Court: Allahabad
Decided on: Jan-13-2006
Reported in: (2006)IILLJ999All
Bharati Sapru, J.1. List is revised. Learned counsel for the petitioner is present. Learned counsel for the respondent has, despite his name shown in the cause list, not taken care to appear even in the revised list.2. The present petition has been filed by the petitioner bank against an award passed by the Industrial Tribunal dated 17.9.1985 in industrial dispute no. 238 of 1983. The order of reference is quoted hereinbelow.Whether the action of the management of State Bank of India in relation to their Kunda Branch (Pratapgarh District) in terminating the services of Shri Amar Kumar Pande Guard with effect from 12.1.1983, is justified? If not, to what relief is the workman concerned entitled3. The facts of the case are that the respondent workman was engaged as Badli Guard at the branch of the bank at Kunda, District Pratapgarh from 27.3.1982 and worked uptil 12.1.1983.4. It is the case of the bank that it could have appointed Badli Guard under the rules applicable and therefore it d...
Sita Ram Son of Shri Bhajan Lal and ors. Vs. the State of U.P. and Raj ...
Court: Allahabad
Decided on: Jan-13-2006
Reported in: 2006CriLJ1433
Ravindra Singh, J.1. This revision is preferred by the revisionists Sita Ram, Puttu Singh, Shiv Dutta, Vishnu Datta, Jagat Narain, Udit Narain, Babboo and Bhwani Deen against the judgment and order dated 7.4.1988 passed by 4th Additional Sessions Judge, Hamirpur in Criminal Revision No. 54 of 1987 whereby the revision was allowed and set aside the order dated 30.3.1987 passed by the learned C.J.M. Hamirpur in Criminal case no. 232 of 1987 arising out of case crime no. 213-A of 1986, under Section 147, 148, 149, 307 I.P.C., P.S. Biwar, district Hamirpur and the matter was remitted to the court of learned C.J.M. to pass a fresh order after affording opportunity of being heard to the complainant.2. Heard Sri V.S. Singh learned Counsel for the revisionists and the learned A.G.A.3. From the perusal of the record it appears that the F.I.R. was lodged by the opposite party no. 2 in case crime no. 213-A of 1986 against the revisionists under Sections 147, 148, 149 and 307 I.P.C., P.S. Biwar, d...
Bhadauria Gram Sewa Sansthan Vs. Asstt. Commissioner, Sales Tax, Allah ...
Court: Allahabad
Decided on: Jan-13-2006
Reported in: [2006]148STC356(All)
R.K. Agrawal, J.1. Disagreeing and also doubting the correctness of the law laid down by a co-ordinate Bench of this Court in the case of M/s Jaya Bhatta Udyog v. State of U.P. (Civil Misc. Writ Petition No. 858 of 1990, decided on 17.7.1990), followed subsequently by two Division Benches in the case of M/s Sri Durga Brick Field v. State of U.P. 1991 UPTC 510, and Jai Sharma Int Udyog v. Deputy Collector (Collection), Sales Tax (1999) 116 STC 357, wherein this Court has held that once a person elects to pay the sales tax in lump sum under the scheme announced under Section 7-D of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act'), he could not be permitted to turn around and contend that he was not liable to pay the amount, agreed to be paid by him, because his turnover turned out to be either nil or that it was not adequate on account of various factors, a Division Bench had referred the matter to be considered by a larger Bench of this Court, The Full Bench has, ther...
Bishan Singh Son of Sri Chander Singh Vs. State of Uttar Pradesh and M ...
Court: Allahabad
Decided on: Jan-13-2006
Reported in: [2006]132CompCas887(All); [2006]72SCL224(All)
M.K. Mittal, J.1. Heard Sri Sanjay Srivastava, learned Counsel for the applicant, Sri Ramesh Sinha, learned Counsel for the opposite party No. 2, learned A.G.A. and perused the record.2. Application has been filed under Section 482 Cr.P.C to quash the proceedings of complaint case No. 755 of 2004 (M/s Modi Industries (Modi Vanaspati Manufacturing Company Unit) v. Bishan Singh, pending in the Court of Special Chief Judicial Magistrate, Meerut under Section 630 of the Companies Act.3. Brief facts of the case are that applicant was employed in the company of the opposite party No. 2 and was also allotted a quarter No. B-1/17 Mutanipura, Modinagar in connection with his employment in the company. However the services of the applicant were terminated on 19.2.2002 and the applicant was required by the opposite party No. 2 to vacate the quarter but he did not do so and than the complaint was filed under Section 630 Companies Act and after examining the complainant and the witnesses under Sect...
Sanjay Kumar Verma Vs. State of U.P.
Court: Allahabad
Decided on: Jan-13-2006
Reported in: 2006CriLJ1426
ORDERRavindra Singh, J. 1. Heard Sri Dileep Kumar, Sri Rajeev Gupta and Sri S.K. Mishra learned Counsel for the applicant and the learned A.G.A.2. This application is filed by the applicant Sanjay Kumar Verma with a prayer that he may be relearsed on bail in case crime No. 64 of 2003 under Section 18/21 N.D.P.S. Act., P.S. Jaspura, District Banda.3. According to prosecution version the first informant S.I. Kamal Yadav got an information that the applicant had gone to Banda to purchase smack (Brown sugar). Therefore, the first informant along with some other police personnel proceeded towards the Banda where an information was given by Mukhvir Khas that the applicant was moving in Banda city, in a white maruti car and he was having smack. The Maruti Car bearing registration No. UP 32-W-2594 of the applicant was intercepted. An attempt was made to collect the public witnesses but nobody was ready to become the witness. The applicant was arrested on 8-5-2003 at 7.55p.m. At that time the a...
Rama Shanker Kesari Alias Patali Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Jan-13-2006
Reported in: 2006(2)AWC2103
Shishir Kumar, J.1. This writ petition has been filed for quashing the order dated 16.8.1999 passed by 1st Additional District Judge, Sonebhadra, Annexuire-5 to the writ petition by which the amendment application filed on behalf of plaintiff-respondents No. 3 to 5 has been allowed.2. The facts arising out of the present writ petition is that respondent no 2 filed a suit for permanent injunction impleading therein the petitioner-respondent No. 3 Jawahar Singh husband of Smt. Gulab Patti Devi, respondent No. 4 and respondent No. 5 alleging therein that the petitioner is residing in the house shown by letters Ka Kha Ga Gha in the sketch map attached to the plaint. It has been stated that towards the south of the letters Kha Ga, a gali exists which has been shown by letters A B. The plaintiff wants to raise some construction in the aforesaid portion but the defendants are causing obstructions, hence the suit. The written statement was filed on behalf of the defendants alleging therein tha...
Ellora Mechanical Products Pvt. Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-13-2006
Reported in: [2006]148STC276(All)
1. By means of these two writ petitions filed by M/s. Ellora Mechanical Products Pvt. Ltd., Gautambudh Nagar, the petitioner prays for a writ, order or direction in the nature of mandamus directing the Deputy Commissioner (Assessment)-5, Trade Tax, Noida, Gautambudh Nagar to refund the amount, which was deposited by the petitioner in pursuance of the stay order dated February 22, 2005 passed by this Court in Civil Misc. Writ Petition No. 265 of 2005, preferred by the petitioner. It appears that the respondent No. 3 in respect of the assessment years 2000-01 and 2001-02 had passed assessment orders creating huge demands. The petitioner had already deposited the admitted tax during the assessment years in question. Feeling aggrieved by the assessment orders, the petitioner preferred separate appeals before the Joint Commissioner (Appeals), Trade Tax, Noida, Gautambudh Nagar. The appeals filed by the petitioner were dismissed by the Joint Commissioner (Appeals), Trade Tax, Noida, whereupo...
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