Allahabad Court March 2006 Judgments
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Vice Chancellor Chandra Shekhar Azad Krishi Evam Prodyogiki Vishwavidy ...
Court: Allahabad
Decided on: Mar-07-2006
Reported in: [2006(111)FLR440]
Shishir Kumar, J.1. This writ petition has been filed for quashing the award-dated 30.5.1998 passed by respondent No. 1 published on 25.2.1999, Annexure-6 to the writ petition.2. The facts arising out of the writ petition is that the petitioner is Chandra Shekhar Azad University of Agriculture and Technology, Kanpur (hereinafter referred to as the University) is State under Article 12 of the Constitution of India. Its basic object is to undertake various training and project for the betterment of the agriculture. It employs persons from time to time in respect of particular project. It is further respectfully submitted that the University is not an industry as defined in U.P. Industrial Disputes Act. Respondent No. 2 was appointed on daily wage basis by the University on 1.7.1980 for a particular period and was working even today on daily wage basis. From 1.9.1980 to 6.8.1993 respondent No. 2 worked as Lab. Assistant/attendant on daily wage basis which is a class-IV post. When the serv...
Sri Ajendra Singh, Vs. State of U.P. Through Its Secretary, Forest Dep ...
Court: Allahabad
Decided on: Mar-07-2006
Reported in: AIR2006All227
Saroj Bala, J.1. In all the writ petitions a common question of law about the grant/renewal of licence for operating saw-mills having been raised, they are being decided simultaneously.1. Writ Petition No. 36598 of 20042. The petitioners seek a writ, order or direction in the nature of mandamus directing the respondent No. 1 to consider the case of the petitioners for renewal of licence.3. The contention of the petitioners is that the saw-mill was established in the year 1989 by his father who submitted licence fee with penalty from 1989 to 1997 (Annexure-1 to the writ petition). The petitioners' father had been running the saw-mil! earlier than the year 1989 without any licence. According to the petitioners in the year 1996 some officers of the forest department informed him that licence is required for the running of sawmill. When the petitioners applied for licence 'no objection certificate' from the District Magistrate, Aligarh was required to be furnished. According to the petitio...
Akhilesh Pratap Singh and anr. Vs. District Judge and ors.
Court: Allahabad
Decided on: Mar-07-2006
Reported in: 2006(2)AWC1983
Shishir Kumar, J.1. The present writ petition has been filed for quashing the judgment and order dated 15.9.2000 (Annexure-8 to the writ petition) passed by the District Judge, Gorakhpur, respondent No. 1 in Miscellaneous Appeal No. 19 of 2000, Akhilesh Pratap Singh v. Shiv Bachan Singh and Ors. Further issuing a writ in the nature of certiorari quashing the judgment and decree dated 25.5.1995, passed by the Civil Judge (Senior Division), Gorakhpur in Original Suit No. 270 of 1984, Sri Ram Singh and Ors. v. Shiv Bachan Singh and Ors. (Annexure-3 to the writ petition).2. The facts arising out of the present writ petition are that the respondent Nos. 9 and 10 along with the petitioners instituted a Suit No. 270 of 1984 in the Court of respondent No. 2 and against respondent Nos. 3 to 8 praying for a permanent injunction restraining the defendants from interfering in their possession over the land in dispute. Admittedly, on the date when the suit was filed, the petitioners were minors, th...
Kamta Nath Pandey and anr. Vs. Allahabad Bank
Court: DRAT Allahabad
Decided on: Mar-06-2006
Reported in: I(2007)BC1
1. Both these appeals have been heard analogous and are being disposed of analogously and the parties arc the same and the issues involved are also almost the same and similar in nature.2. Appeal No. R-310/03 has been preferred by the above named appellants against the order dated 13lh May, 2003 passed by the then Presiding Officer, D.R.T., Allahabad in M.A. No. 181/02, whereby and whereunder the restoration petition filed under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be referred to as the RDDBFI Act) for setting aside the final order passed in T. A. No. 170/2000 on 27th August, 2002 has been dismissed.3. The appellants were the applicants in that M.A. and they were defendant Nos. 3 and 4 in T.A. No. 170/2000. Both the appellants had appeared before the Tribunal at Allahabad when the case was transferred from the D.R.T., Jabalpur. The original suit was filed before the Civil Judge. Mirzapur by the respondent Bank c...
General and Motor Finance Company Vs. State Bank of India
Court: DRAT Allahabad
Decided on: Mar-06-2006
Reported in: I(2007)BC68
1. This appeal has been preferred against the order dated 15th October, 2003 passed by the learned Presiding Officer, D.R.T., Allahabad on two petitions filed by the respondent Bank one on 30th May, 2003 and other on 4th August, 2003 by which the respondent Bank had prayed for sending of some documents filed by them and kept in safe custody to be sent to the Government handwriting expert for their opinion on comparison of signatures and by the other petition they wanted a direction to be given to the appellant-defendants to produce some relating documents of their business of hire and purchase. On both the prayers being allowed by the present impugned order, the appeal has been filed.2. The facts of the case are not necessary to be reiterated as the disposal of this appeal does not require so. This much can be said that the appellants had opened up the current account with the respondent Bank and it is an allegation of the respondent Bank that the appellants had indulged in taking ove...
Babulal Contractors and ors. Vs. Life Insurance Corporation of
Court: DRAT Allahabad
Decided on: Mar-06-2006
Reported in: I(2007)BC38
1. This appeal has been preferred against the judgment and order dated 11th November, 2003 passed by the learned Presiding Officer, D.R.T., Jabalpur in Original Application No. 373 of 1999, whereby and whereunder the claim of the respondent-Life Insurance Corporation of India has been allowed to the tune of Rs. 13,75,646/- together with interest pendente lite, future and cost and other usual reliefs have also been granted regarding realization of the outstanding by sale of mortgaged properties.2. This appeal has been preferred against only the portion of the judgment, whereby allegedly excessive interest has been granted by the learned Tribunal beyond the scope of contractual agreement. The other point regarding bar of limitation, although was raised, but the appeal has been admitted only with regard to the interest matter and not the other matters.3. Taking of loan to the tune of Rs. 2.50 lacs for extension of the premises, etc. of the borrower-defendant No. 1 whose partners are defe...
United Western Bank Ltd. Vs. Raipur Polyurethane Pvt. Ltd.
Court: DRAT Allahabad
Decided on: Mar-06-2006
Reported in: IV(2006)BC53
1. This appeal has been preferred against the judgment and order dated 29th April, 2002 passed by the then Presiding. Officer, D.R.T., Jabalpur in T.A. No. 244/98, whereby and whereunder the appellant-Bank's claim of Rs. 99,04,486/- together with future and pendente lite interest at the contracted rate and other usual reliefs have been dismissed.2. Admittedly the appellant Bank had granted the loan to the respondent No. 1 company through its directors respondent Nos. 2 to 4 under several heads in the year 1984. The sanctioned loan was on the following limits: 3. The loan facilities were utilized according to the appellant Bank by respondent No. 1 company, but additional finance was necessary for restructuring the company and as such on the basis of a resolution passed, the loan limits were restructured in the following manner on 16th October, 1989: 4. It is also an admitted fact that the existing stock of the finished goods of the company together with manufactured shoes were kept in ...
Nabbu @ Navab Son of Babu Sakka Vs. State of U.P. Through Secretary, P ...
Court: Allahabad
Decided on: Mar-06-2006
Reported in: 2006CriLJ2260
Shiv Shanker J.1. This writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioner, Nabbu @ Navab s/o Babu Sakka praying for direction in the nature of mandamus commanding respondent No. 2, Superintendent of District Jail, Bulandshahar not to transfer the petilioner from District Jail, Bulandshahar to any other district in pursuance of the production warrant issued from the other courts of Additional Chief Judicial Magistrate, Hapur (Ghaziabad) and Chief Judicial Magistrate, Bilaspur (Chhatisgarh) and also direct respondent No. 2 to release the petitioner from the custody.2. Brief facts of this petition are that the petitioner has been made accused by the police of police station Syana, District Bulandshahar in Case Crime No.63 of 2005, under Sections 379 and 411 I.P.C. and Case Crime No. 66 to 2005, under Section 25 Arms Act. He has also been made accused in case Crime No. Nill of 2005, under Section 41/102 Cr.P.C. and Sections 414, 411 I.P....
Ram Ujagar Yadava Son of Late Sri Ram Rup Yadava Vs. the State of U.P. ...
Court: Allahabad
Decided on: Mar-06-2006
Reported in: 2006(4)AWC3398
V.C. Misra, J. 1. Heard Sri R.P. Srivastava, learned Counsel for the petitioner and learned standing counsel on behalf of respondents.2. This writ petition has been filed with the prayer to issue a writ, rder or direction in the nature of certiorari quashing the impugned order dated 26.7.1996 (Annexures No. 13 to the writ petition), passed by respondents No. .3 on the ground that the petitioner was negligent and indisciplined in his duty as he failed to join his duty from 9.8.1994 after the expiry of the causal leave period till 16.2.1995 without any permission or action of leave and also quash the impugned order dated 3.9.1997 (Annexure No 15 to the writ petition) passed by respondent No. 2, dismissing the appeal preferred by the petitioner under' Rule 20 (1) a of the Uttar Pradesh Police Officers of the Sub ordinate Ranks (Punishment and Appeal) Rules 1991, against the impugned order dated 26.7.1996.3. The case of the petitioner in brief is that he had completed more than 36 years in...
Dwarikesh Sugar Industry Limited a Company Duly Incorporated Under the ...
Court: Allahabad
Decided on: Mar-06-2006
Reported in: 2006(2)AWC1733
Vineet Saran, J.1. The dispute in the present writ petition is with regard to the reservation of cane centre Memon, which has been carved out from the cane centre Hamidpur Makhan prior to the passing of the cane reservation order for this crushing season. For the current crushing season 2005-06, the cane reservation order for the Respondent No. 3-Sugar Mill was issued by the Cane Commissioner on 17.10.2005, whereby the new cane centre Memon was reserved in favour of said Respondent No. 3-Sugar Mill. The cane reservation order for the petitioner-Sugar Mill was issued by the Cane Commissioner on 18.10.2005 and the original cane centre Hamidpur Makhan remained reserved for the petitioner-Sugar Mill. Aggrieved by the order of reservation of new cane centre Memon in favour of Respondent No. 3-Sugar Mill, the petitioner filed Appeal No. 5(38)/2005 before the Respondent No. 1. By the order dated 31.1.2006 the Respondent No. 1 has dismissed the appeal of the petitioner and hence this writ peti...
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