Allahabad Court March 2006 Judgments
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Ratan Kumar Nigam S/O Sri P.N. Nigam and Vs. State of U.P. Through the ...
Court: Allahabad
Decided on: Mar-28-2006
Reported in: 2006(3)AWC2882
Sunil Ambwani, J.1. In these two connected writ petitions, the U.P. Diploma Engineers Association, Nagar Maha Palika, Allahabad through their office bearers, who have also joined in their individual capacities as Diploma Engineers and employees of Allahabad Development Authority, Allahabad, in Class III employment have prayed for directions to provide time scale and selection grade as per the recommendation of 5th Pay Commission, at par with the State Government employees.2. In writ petition No. 18886 of 2002 the petitioner, President of Diploma Engineers Association, has given a brief background of the recommendation of the Pay Commission. In the year 1988 the State Government constituted Pay Equivalence Committee to consider raise in pay scale of the employees of the State Government, Local Bodies and members of other services. The Committee submitted its recommendation, which was accepted by the State Government vide its resolution dated 18.10.89 revising the pay scales of the emplo...
Sri Munshi Singh and Vs. Sri Deputy Singh Son of Sri Gautam Singh and ...
Court: Allahabad
Decided on: Mar-28-2006
Reported in: 2006(2)AWC1980
Sunil Ambwani, J.1. Heard Sri K.K.S. Chauhan and Sri Sanjay Kumar Jaiswal, for the appellants and Shri Ajai Bhanot for the respondents. This defendant's second appeal arises out of a decree for specific performance of contract for sale of plots given at the foot of the plaint in pursuance of an agreement executed by defendant No. 1 Smt. Vishuna Devi in favour of plaintiff on 24.6.1968. registered on 6.11.1968. The original suit No. 302 of 1969 was decreed by Munsif of Shikohabad on 24.3.1976. The appeal arising thereof was dismissed by the District Judge, Mainpuri on 12.1.1978.2. Learned Counsel for the appellants has relied upon the questions framed at the time of admission of the appeal to be the substantial question of law:-The substantial question of law involved in this case are as to what is the effect of the consolidation proceedings on the agreement to sell and the plaintiff's right to sue in view of the fact that the agreement itself provided that the sale-deed will be execute...
Smt. Shanti Devi Wife of Sri Jhunni Lal Srivastava (Swatantrata Sangra ...
Court: Allahabad
Decided on: Mar-28-2006
Reported in: 2006(2)AWC1972
S.N. Srivastava, J.1. Though the present petition has been filed assailing the order dated 26.7.2005 passed in revision No. 73/02-03 passed by Deputy Director Consolidation, Mohammdabad, a disconcerting feature forced itself on my notice that the original record containing original document of the petitioner had been missing since the year 1983 and further that the case has been lingering decision for the last 25 years and also noticing that despite peremptory direction of the Court embodied in writ petition No. 883 of 2004 to reconstruct the record and to expedite disposal of the case, no headway had been made to the detriment of the interest of the petitioner, it was directed by means of order dated 6.3.2006 that Sri D.S.Pathak, Deputy Director Consolidation Farukhabad shall put in appearance before this Court on 28th March 2006 alongwith the record of case No. 5152 decided on 25.6.1983.2. Sarv/Sri D.S.Pathak, Deputy Director Consolidation, Farukhabad, Santosh Kumar Singh Ass. Settle...
Modi Threads Ltd. Vs. Helam Brothers and anr.
Court: Allahabad
Decided on: Mar-28-2006
Reported in: [2007]141CompCas186(All); 2006CriLJ123; [2008]88SCL224(All)
ORDER1. This is an intended appeal from an order and judgment of an Hon'ble Single Judge dated 10 January 2006 seeking to wind up the appellant's company. There is a delay of thirty five days in seeking to prefer the appeal; prayer is made for filing of an opposition.2. Opposition might be filed within three weeks from the date hereof. Reply within two weeks thereafter. Condonation of delay (of) application along with the appeal for summary disposal will come up thereafter in the list.3. Although we have not yet entertained the appeal, yet, since there is a likelihood that the appeal might be entertained, an interim order has to be considered since the order attempted to be impugned outright passes the winding up order of the respondent's company. The company allegedly has 300 (three hundred) workers. Mr. Vijay Bahadur Singh submitted so. It is well known that if a winding up order is passed, the official liquidator becomes immediately entitled to possession of each and every bit of pr...
Liyakat Ali Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-28-2006
Reported in: 2006(3)AWC2820
Vineet Saran, J.1. Heard Sri Syed Wajid Ali, learned Counsel for the petitioner as well as Sri Bhola Nath Yadav, learned standing counsel appearing for the respondents and have perused the record.2. The brief facts of this case are that on 20.6.1976 a notice under the U.P. Urban Land (Ceiling and Regulation) Act, 1976 (for short 'Act of 1976') was issued to one Fakir Chand. By order dated 6.2.1984, passed under Section 10(5) of Act of 1976, an area measuring 840.36 sq. meters of land of Fakir Chand was declared surplus. Then on 31.12.1985 the possession of the said surplus land measuring 840.36 sq. meters of Fakir Chand was taken by the State of U.P.3. Thereafter, on the basis of an agreement dated 26.3.1974, said to have been executed by one Smt. Kaushalya Devi (wife of Fakir Chand), on 7.12.1990, the petitioner filed Original Suit No. 795 of 1990 in the court of Civil Judge, Saharanpur, for specific performance. Interestingly, said Smt. Kaushalya Devi (who is the wife of Fakir Chand,...
Shri Raghuraj Singh Son of Shri Jom Singh Vs. Idu Khan, Son of Faiz Kh ...
Court: Allahabad
Decided on: Mar-28-2006
Reported in: 2007(2)AWC1277
Sunil Ambwani, J.1. This plaintiff's second appeal admitted on 4.2.1980 without framing any substantial question of law arises out of O.S. No. 39 of 1978 between Raghu Raj Singh v. Idu Khan for permanent injunction restraining the defendants from interfering in plaintiff's possession and user over the disputed land. The suit was decreed by the trial court on 8.7.1978. The Civil Appeal No. 28 of 1979 was allowed on 7.12.1979 and the suit was dismissed.2. Brief facts as set out in the plaint are that the plaintiff claimed to be the owner of the house situated on the land shown in the plaint map by the letters 'ABCD'. The house had fallen to ruins. When the plaintiff started making construction, after demolishing the wall towards the north-west portion of the land, and started constructing the house, the defendants raised objections. The defendant and his brothers demolished the constructions on 14.11.1976, made the opening in the wall to pass through, and interfered in the possession of ...
New India Assurance Company Ltd. Vs. Mohsina and ors.
Court: Allahabad
Decided on: Mar-28-2006
Reported in: I(2007)ACC75
R.P. Mishra, J.1. We have heard learned Counsel for the parties.2. It has been submitted by learned Counsel for the appellant that it was specific issue No. 4 which was raised before the Claim Tribunal that the driver was not having any valid licence, therefore, the Insurance Company is not liable to pay any amount to the claimants rather the liability is on the owner of the vehicle. He relied upon the judgment reported in II (1998) ACC 230 : 1998 (1) TAC 594 (Ori.) Oriental Insurance Co. Ltd. Aska, Banjam v. Uma Charan Bisoy and Ors. In Paragraph 7 of the judgment the Court has observed as under:7. It has now been settled by the Supreme Court in United India Insurance Co. Ltd. v. Shri Gian Chand and Ors. reported in : AIR1997SC3824 that if the owner had handed over the vehicle to a driver not having valid driving licence, the Insurance Company will be absolved of its liability and the owner will be liable to pay the compensation awarded. Thus existence of a valid driving licence is a ...
Ram Pratap Shukla Son of Late Kewala Prasad Shukla Vs. State of U.P. T ...
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(3)AWC2909
Shishir Kumar, J.1. The present writ petition has been filed for quashing the order dated 31.1.2003 (Annexure 4 to the writ petition) passed by the respondent No. 5 and issuing a writ of mandamus directing the respondents to grant pension and other post retirement benefits to the petitioner forthwith with interest at the rate of 18% till the actual payment is made to the petitioner.2. The facts arising out of the present writ petition are that the petitioner was initially appointed as helper under the control of the respondent No. 3 w.e.f. 20.12.1976 and thereafter the petitioner was given all the benefits of revised pay scale from time to time. The work and conduct of the petitioner was always excellent and no disciplinary proceeding was initiated against the petitioner. Taking into consideration the work and seniority of the petitioner, the respondent No. 4 confirmed the petitioner in the pay scale of Rs. 750-940. A copy of the same has been annexed with the writ petition as Annexure...
Committee of Management, Rahmaniya School Society (Registered Society) ...
Court: Allahabad
Decided on: Mar-27-2006
Reported in: 2006(4)AWC3368
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed for quashing the impugned orders dated 25,5.2005 and 9.9,2004 passed by respondent Nos. 2 and 3 respectively besides the prayers for commanding the respondents not to give effect to the aforesaid orders and to decide the matter of validity of Committee of Management in accordance with law.3. From a perusal of the record it appears that there is a dispute regarding validity of the Committee of Management of Rahmaniya School Society, Shutar Khana. Kanpur Nagar between the petitioners and respondent No. 5.4. It appears that the Deputy Registrar, Firms. Chits and Societies vide order dated 25.4.1995 referred the matter for adjudication under Section 25 of the Societies Registration Act. The reference order dated 25.4.1995 was challenged by the petitioners in Writ Petition No. 13455 of 1995 wherein vide order dated 23.5.1995 the operation of the reference order was stayed to...
Neel Kanth Tiwari, Advocate S/O Shri Onkar Nath Tiwari Vs. State of U. ...
Court: Allahabad
Decided on: Mar-27-2006
Reported in: AIR2006All243; 2006(3)AWC2299
A.K. Yog and Tarun Agarwala, JJ.1. Heard the learned Counsel for the parties. At the stage of admission, this Writ Petition is decided finally without calling counter and rejoinder affidavit.2. The petitioner claims to be a practicing Advocate in the District Court, Varanasi after he was enrolled as Advocate by Bar Council U.P. and allotted Enrolment No. U.P. 4421 of 1996 and also thus a member of Central Bar Association, Varanasi. The petitioner, by means of present Writ Petition under Article 226, Constitution of India seeks to challenge the legal authenticity/validity of the U.P. Bar Council Advocates Association Affiliation Rules, 2001 framed by Bar Council, U.P., in purported exercise of its power under Section 6 of the Advocates Act and further to issue a writ of mandamus directing the Bar Council of U.P. not to compel Respondent No. 4/ Central Bar Association, Varanasi (U.P.) to adopt Model Bye Laws, dated 12.2.2005 and to direct Respondent No. 4/ Central Bar Association (Varana...
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