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Allahabad Court March 2006 Judgments

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Mar 24 2006

Sharda Prasad Tiwari Son of Shri Govind Lal, Vs. State of U.P.

Court: Allahabad

Decided on: Mar-24-2006

Reported in: 2006CriLJ3319

Vinod Prasad, J.1. Sharda Prasad Tiwari, Smt Vijai Lakshami, his wife and Deepak Tiwari, his son have filed the instant application, under Section 482 Cr.P.C. hereinafter referred to as the Code, invoking the power of this Court under the said section, with the prayer to quash the charge sheet No. 132 of 2005 dated 23.7.2005 relating to crime No. 480 of 2004 under Section 498A/304B IPC and 3/4 D.P. Act. Police Station Naini District Allahabad which has culminated into registration of case No. 25344 of 2005 State v. Deepak Tiwari and Ors. pending in the court of CJM Allahabad under the aforesaid Sections. They have further prayed that during the pendency of this application further proceeding of the said case be stayed.2. The facts are that Nand Kishore Sharma resident of 123, Chaukhandi, Kidganj, Allahabad had married his daughter Gunja (deceased) with Deepak Tiwari @ Dipu (applicant No. 3), son of Sharda Prasad Tiwari (applicant No. 1) resident of Bakrana Tiwari (Ram Sagar), Chaka Blo...


Mar 24 2006

Smt. Sudha Agarwal Wife of Sri Ram Kumar Agarwal Vs. Vii Additional Di ...

Court: Allahabad

Decided on: Mar-24-2006

Reported in: 2006(2)AWC1965

S.U. Khan, J.1. This is landlady's writ petition. Petitioner filed suit for eviction and for recovery of arrears of rent against tenant respondent No. 3 Narendra Kumar in the form of SCC Suit No. 26 of 1987. JSCC/ III Additional Civil Judge, Ghaziabad through judgment and decree dated 12.7.1989 decreed the suit for eviction and recovery of arrears of rent. Against the said judgment and decree tenant respondent No. 3 filed SCC Revision No. 96 of 1989. VII Additional District Judge, Ghaziabad through judgment and order dated 21.7.91 allowed the revision, set-aside the judgment and decree passed by the trial court and dismissed the suit hence this writ petition by the landlady.2. Notice was served through refusal and Postman was also examined by the landlady. Carbon copy of the notice was proved by the landlady. The envelope containing the original notice, which had been refused by the tenant, was also filed. Revisional court only and only on the ground that the envelope containing the or...


Mar 24 2006

Praveen Verma, son of Sri Triloki Nath Srivastava Vs. the Hon'ble High ...

Court: Allahabad

Decided on: Mar-24-2006

Reported in: 2006(3)AWC2986

A.K. Yog, J.1. Present writ petition, under Article 226, Constitution of India, is filed at the instance of one-Praveen Verma son of Trilok Nath Srivastava pleading inter alia amongst others, that he was appointed on ad hoc basis against one of the Class III posts in District Judgeship, Etawah vide appointment order dated 6-7-2002/Annexure-1 to the petition; appointment letter shows that it was a fixed term appointment for a maximum period ol six months and liable to be terminated even before expiry of said period in case of availability of regularly selected candidate; petitioner possesses Diploma in 'Business Administration with Computer Application' and has experience (para 6 and 7 of writ petition); it is alleged that he was allowed to work against one of six posts of Computer Operator; appointment was extended vide order dated 29-1-2003, 16-3-2004, 5-10-2004, 15-1-2005 and 15-4-2005 (Annexures-4, 5, 6 and 7 respectively to the petition); extension letter shows that there were no p...


Mar 23 2006

Allahabad Bank Vs. Anamika Tourism Complex and ors.

Court: DRAT Allahabad

Decided on: Mar-23-2006

Reported in: I(2007)BC119

1. These two appeals have been heard analogous and a common judgment is being passed as both the appeals arise out of the same cause of action as arose in T.A. No. 5/2000, which was disposed of on 13th June, 2003.2. Appeal No. R-321 of 2003 has arisen out of the dismissal order recorded in the impugned judgment in T.A. No. 5 of 2000 and appeal No.R-382 of 2004 has been filed against non-consideration of the counter-claim made by Anamika Tourism Complex and its partners, who are the appellants in appeal No. R-382 of 2004 and respondents in appeal No. R-321 of 2003. 1. Anamika Tourism Complex-respondent No. 1 in appeal No. R-321 of 2003 and appellant No. 1 in R-382 of 2004 was initially a proprietary firm doing business in tourism. Shankar Lal Sah since deceased was the sole proprietor of the firm. For construction of hotel the proprietary firm was sanctioned and disbursed term loan of Rs. 19.00 lacs by the Allahabad Bank i.e. the appellant in appeal No. R-321 of 2003 and respondent in ...


Mar 23 2006

Avatar Singh Chhabra Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Mar-23-2006

Reported in: 2006(2)AWC1666

1. Heard counsel for the appellant and Shri Ravindra. Singh appearing for the respondents.2. This is an appeal against judgment and order dated 15.2.2006 by which the writ petition filed; by the appellant was disposed of.3. Brief facts necessary for deciding the appeal are: the appellant has been working as a Seasonal Clerk in the Cane Cooperative Society, since 4.1.1971. The appellant filed a writ petition being Writ Petition No. 11981 of 2002 before this Court praying for appointment in regular establishment with regard to 50% quota on regular vacancies. The said writ petition was disposed of by this Court on 18.11.2003 directing the respondents to finalise the seniority list and determine the vacancy and 50% of the regular vacancy shall be filed by seasonal staff under Regulation 40 of U. P. Cane Cooperative Service Regulations, 1975. Against the said order special appeal was filed by the Deputy Cane Commissioner in which appeal the order of learned single Judge was not interfered w...


Mar 23 2006

Employees State Insurance Corporation and ors. Vs. L.M.L. Ltd. and anr ...

Court: Allahabad

Decided on: Mar-23-2006

Reported in: 2006(2)AWC1735; [2006(109)FLR615]; (2006)IIILLJ33All

Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. We are in respectful agreement with the reasoning given and the order passed by an Hon'ble single Judge on the 7th of March, 2006. 2. The brief facts are that on or about the 6th of January this year, an assessment order was passed under Section 45A of the E.S.I. Act, 1948. The amount of contribution was a little above Rs. 80 lac. The amount of interest at the rate of 12% under Section 39, Sub-section 5 (a) came to a little under Rs. 50 lac and as such the total amount was about Rs. 1.31 crore. 3. The assessment was not in respect of ordinary employer's contribution but was made notionally on labour value of 25% in respect of certain repair and other works done on the writ petitioner's factory machinery. 4. On the 6th of February, 2006, a notice was served upon the respondent-writ petitioner for payment of the total amount. The notice mentioned a period of 15 days as the period allowed for payment. 5. On the 21st of February, 2006, the accoun...


Mar 23 2006

Sri Jalesh Bhatia S/O Sri R.R. Bhatia, Vs. the U.P. Financial Corporat ...

Court: Allahabad

Decided on: Mar-23-2006

Reported in: 2006(3)AWC2480; I(2007)BC130

Dilip Gupta, J.1. This petition has been filed by M/s. Chemtech (India) (hereinafter referred to as the 'Industrial Unit') and its two partners for quashing the recovery certificate issued by the U.P. Financial Corporation Ltd., Kanpur (hereinafter referred to as the 'UPFC') and the recovery notices issued by the Assistant. Collector, Delhi and for quashing the sale proceedings of the Unit and for other consequential reliefs.2. The Industrial Unit acquired Shed No. G-19 Sector IX in New Okhla Industrial Development Authority (hereinafter referred to as the 'NOIDA') on lease from NOIDA for manufacture of Latex Foam Products and for the purposes of establishing the Industrial Unit, an application for grant of loan was submitted before the UPFC which sanctioned the loan of Rs. 2.5 lacs on 6th May, 1982. In order to secure the loan the petitioners had created an equitable mortgage on 1.7.1981 in favour of UPFC as also the hypothecation deed and the agreement dated 1.7.1981 according to whi...


Mar 23 2006

Shri Kunj Behari Lal Son of Panna Lal Vs. U.P. Secondary Education Ser ...

Court: Allahabad

Decided on: Mar-23-2006

Reported in: 2006(4)AWC3269

D.P. Singh, J.1. Heard learned Counsel for the petitioner and the learned Standing Counsel for respondent Nos. 1 to 5. None appears for the respondent Nos. 6 and 7 even in the revised list. However, I have perused the counter affidavit filed on behalf of the respondents.2. This petition is directed against an order dated 30.6.1993 by which the claim of the petitioner for being recommended for promotion to the Lecturers grade has been turned down by the District Inspector of Schools.3. Bajaj Rashtriya Inter College, Fatehpur Sikri is a duly recognized and aided intermediate institution wherein the petitioner was appointed as a L.T. grade teacher on 9.8.1973 after due approval of the District Inspector of Schools. The respondent No. 7, Shri Amarnath Tiyagi was also appointed as L.T. grade teacher on 23.8.1978. Shri Shikar Chandra Jain, a permanent Lecturer in Civics retired on 30.6.1994 causing a substantive vacancy and which vacancy fell in the 50% quota of promotion. The Committee of M...


Mar 23 2006

Ashok Kumar Anandani Son of Late Sri P.K. Anandani and ors. Vs. the St ...

Court: Allahabad

Decided on: Mar-23-2006

Reported in: AIR2006All246; 2006(3)AWC2295

R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners who are 15 in number, have sought the following reliefs:-(i) to issue a writ of certiorari, order or direction in the nature of certiorari quashing the orders dated 25.11.2005 and 29.11.2005 filed as Annexures 1 and 2 to the writ petition;(ii) to issue a writ of mandamus, order or direction in the nature of mandamus commanding and directing the respondents not to realise transit fee from the petitioners or from any truck of the petitioners carrying excavated mineral from the lease hold area of the petitioners going to purchaser destination while using national highway passing through Jalaun-Auraiya road, Shivpuri-Bhignipur road, Orai-Rath road, Ate-Kotra road and Kalpi-Hamirpur road;(iii) to issue any other writ, order or direction which this Hon'ble Court deem fit and proper under the facts and circumstances of the case and to which the petitioners are entitle...


Mar 23 2006

Gajraj Singh Son of Sri Attar Singh and Meerut-rohata-barnava-binauli- ...

Court: Allahabad

Decided on: Mar-23-2006

Reported in: 2006(3)AWC2915

A.K. Yog and Prakash Krishna, JJ.1. This writ petition under Article 226, Constitution of India, is at the behest of Motor/Bus of 'Passengers' Transport Union' named Meerut-Rohta-Barnawa-Binauli- Baraut Motor Union, for short the 'Union' which is represented by its Secretary-Gajraj Singh', petitioner No. 1.2. We may record the statement made by the learned Counsel for the petitioner that all the members of Union/petitioner No. 2 (list of which is Annexure-1 to the writ petition) have paid separate court fees in respect of each of them and all of them shall be bound by the decision of this writ petition.3. Members of the 'Union' render transport-service to the Passengers on 'Meerut-Rohta-Barnawa-Binauli-Baraut 'route' on the basis of valid 'permit' issued by competent authority under The Motor Vehicles Act, 1988, called 'M.V. Act'. According to the petitioners, its members have paid 'Road Tax' and 'Additional Tax', under The U.P. Motor Vehicles Taxation Act, 1997, hereinafter referred t...


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