Allahabad Court April 2006 Judgments
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Oriental Insurance Company Limited Vs. Ravindra Sharma and anr.
Court: Allahabad
Decided on: Apr-20-2006
Reported in: II(2007)ACC176
S.S. Kulshrestha, J.1. Heard learned Counsel for the parties and also perused the materials on record.2. This appeal is brought against the judgment and decree dated 28.11.2005 passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 2, Etawa in M.A.C.P. No. 78/2004 between Ravindra Sharma and Ashok Singh and Another. It is said that the learned Tribunal had not properly appreciated the material on record and arrived at wrongful conclusion while awarding compensation to the claimant/respondent No. 1. It is also said that the vehicle in question was not involved in the accident and the entire claim was set up by the petitioner in a fanciful manner and in connivance with the owner of the vehicle. Even no information of this accident was given to the Oriental Insurance Company Ltd. (Company).3. In order to facilitate the disposal of this appeal a brief resume of the facts may be made. It was on 16.10.2003 at about 2.30 p.m. the claimant was going from Shastri Chawraha ...
Ravindra Singh Son of Durga Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-19-2006
Reported in: 2006CriLJ3325; II(2006)DMC20
Vinod Prasad, J.1. An application under Section 156(3) Cr.P.C. was filed by the present applicant Ravindra Singh against the respondents accused Manoj Singh son of Raja Singh in the court of A.C.M.M.II, Kanpur Nagar being miscellaneous application No. 61/2006. The offences alleged in the aforesaid application were under Sections 498A, 323, 504, 506 and 406 I.P.C. The said application has been rejected by the Magistrate and this application to quash the said order of rejection dated 15.2.06.2. The encapsulated facts were that the daughter of the applicants, namely, Garima was married with the accused Manoj Singh son of Raja Singh on 8.6.05. After the said marriage, the accused namely Manoj Singh, Raja Singh, Neha and Chandan Singh started demanding Rs. 75,000/- more as dowry. As the applicant was unable to satisfy the said dowry demand, his daughter, namely, Garima was subjected to torture and cruelty at the hands of the accused persons. Many endeavour by the applicant were made but all...
Committee of Management, Shri Shaligram Sharma (P.G.) Smarak College, ...
Court: Allahabad
Decided on: Apr-19-2006
Reported in: 2006(3)AWC2215
Rajesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. Shri Shaligram Sharma Smarak (P.G.) College, Rasna, Meerut (hereinafter referred to as the College) was granted affiliation under self-financing scheme in 1997 fur running Master of Arts course in Hindi and English subjects. The college is affiliated to Chaudhary Charan Singh University, Meerut.3. It is submitted that the Chancellor granted temporary affiliation to the college for a period of two years from 1.7.2001 for courses in M.A. History and Home Science, which was communicated by the University on 13.7.2001. Consequently students were admitted and had undergone studies in M.A. History and Home Science in each of the academic sessions from the academic sessions 2001-2002.4. The Chancellor vide orders dated 12.9.2003 and 23.9.2003 extended temporary affiliation to the college in the subject of M.A. in Hindi, English, History and Home Science for a further period of two years w.e.f. 1.7.2003. A panel was ap...
The National Projects Construction Corporation Ltd. (Now Known as Rast ...
Court: Allahabad
Decided on: Apr-19-2006
Reported in: 2006(3)AWC2175
R.K. Rastogi, J.1. This is an appeal against the judgment and decree dated 31.5.2001 passed by Sri Kaushlendra Yadav, then learned Civil Judge ( Senior Division), Sonbhadra in Civil Misc. Case No. 87 of 1999 B.B. Verma v. National Projects Construction Corporation Ltd. and Anr.2. The facts giving rise to this appeal are that the plaintiff respondent No. 1 had entered into a contract with the defendant appellant for construction of Roads, Bridges and Nuliah Crossings for Rihand Super Thermal Power Station, Stage I, Rihand, STPP Unit. This agreement contained an arbitration clause. Since some disputes arose between the parties, the plaintiff invoked this arbitration clause. Then the Chairman and Managing Director of the defendant-appellant appointed the defendant- respondent No. 2 as the sole Arbitrator vide his letter dated 29.8.1986. The Arbitrator conducted the proceedings and gave his award on 29.6.1993. He also forwarded a copy of that award to the plaintiff-respondent No. 1 which w...
Smt. Manbhawati Wife of Sri Ram Narayan Dubey, Vs. State of U.P. and S ...
Court: Allahabad
Decided on: Apr-19-2006
Reported in: II(2006)DMC600
Vinod Prasad, J.1. The three applicants Manbhawati, her husband Ram Narayan Dubey and their son Manoj Kumar have invoked the inherent jurisdiction of this Court, under Section 482 Cr.P.C. praying for quashing of criminal Proceeding of criminal case No. 524 of 2003 State v. Ram Narayan and Ors. under Sections 498A, 323, 504 IPC and 3/4 D.P. Act pending before Court of Judicial magistrate 1st District Jaunpur. The secondary prayer is for stay of further proceeding of the aforesaid case pendent lite.2. The facts of the case in nutshell are that Manoj Kumar Dubey applicant was married with respondent No. 2 Smt. Soni, who is the informant of crime number 524 of 2003, under Section 498A, 323, 506 IPC and 3/4 D.P. Act P.S. Baksha District Jaunpur. The FIR (Annexure No. 1) of the said crime number was lodged by her on 10.11.2003 at 12.40 PM in respect of an incident dated 5.10.03 at 8 AM. The said FIR mentioned four persons as accused, the three applicants and the daughter of applicants No. 1 ...
Ram Naval Son of Sri Tameshar Vs. the Board of Revenue and ors.
Court: Allahabad
Decided on: Apr-19-2006
Reported in: 2006(3)AWC2868
Janardan Sahai, J.1. A suit under Section 229-B of the U.P. Zamindari Abolition & Land Reforms Act was filed by Binda and Lalita transferors of respondent No. 6 against the petitioner and other defendants. The suit was decreed. An appeal was filed by the petitioner, which was allowed, and the suit was remanded to the trial court for fresh decision. According to the petitioner the suit was dismissed in default but it was restored on 26.10.1976 and that it was again dismissed on 21.4.1977 but was restored on 18.8.1977 and that thereafter on that date itself the trial court passed a compromise decree. The factum of restoration as well as of the compromise between the parties is disputed by Shri Rahul Sripat counsel for respondent No. 6. This dispute about the facts however does not have any bearing on the controversy requiring decision in this writ petition and therefore the dispute about these facts can be left here. An application for setting aside the compromise decree was filed by res...
Devesh Kumar Saxena Son of Ram Bahadur Saxena Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Apr-19-2006
Reported in: 2006(3)AWC3019
Shishir Kumar, J.1. This writ petition has been filed for issuing a writ of mandamus directing the respondents to grant forthwith appointment to the petitioner on Group-C post in district Etawah on the basis of the selection of the year 2001 against the unfilled vacancy on account of non-joining of one selected candidate and for further issuing a writ in the nature of certiorari quashing the order dated 27.3.2003 passed by the District Magistrate, Etawah.2. The facts arising out of the writ petition are that an advertisement was issued by the District Magistrate, Etawah on 28.8.2001 inviting applications for filling up Group-C posts in the different departments of the district. A copy of the said advertisement has been filed as Annexure-l to the writ petition. The petitioner being fully qualified and eligible also applied on the basis of the said advertisement and the petitioner was allotted Roll No. 14003235. A written examination was held on 7.10.2001 and the petitioner participated ...
Hans Raj Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-18-2006
Reported in: [2006(110)FLR639]
1. Heard the learned counsel for the petitioner Sri A.K.Pandey and Sri I.P. Singh for the Jal Nigam.2. The petitioner was appointed as Junior Engineer on 20.1.1978 in the U.P. Jal Nigam. He was promoted as Assistant Engineer on 4.1.1992 and on the post of Executive Engineer on 1.8.1997. The petitioner has been compulsorily retired by means of the order dated 1.9.2005 by invoking Fundamental Rule 56 (C) of Financial Hand Book, Part II, Vol. 2 to 4. 3. Admittedly the service record of the last 10 years was considered by the Screening Committee for the purpose of evaluating as to whether the petitioner should be retained in service or he should be compulsorily retired having lost his utility. The criteria for screening was as under: (i)marks were allocated to Annual Character Roll remarks, category-wise and in case the officer belongs to general category could not or did not acquire a minimum number of marks (9) on the basis of his Character Roll entries, he was liable to be retired compu...
Suresh Prasad Singh Son of Late Shri Dijvijay Singh Vs. State of U.P. ...
Court: Allahabad
Decided on: Apr-18-2006
Reported in: 2006(4)AWC3718; [2006(110)FLR103]
Tarun Agarwala, J.1. The petitioner has filed the present writ petition praying for the quashing of the order dated 20.12.2005 passed by the District Inspector of Schools, Ghazipur, rejecting the petitioner's claim for appointment as an Assistant Teacher on compassionate ground. The petitioner has further prayed that a mandamus be issued to the respondents to appoint him on the post of an Assistant Teacher.2. The brief facts are that the petitioner's father was working as an Assistant Teacher in the institution and died in harness on 11.2.1981. The petitioner applied for an appointment on compassionate ground. Since his claim was not being considered, the petitioner filed a Writ Petition No. 16416 of 1991 and during its pendency, the petitioner was given an appointment on 22.1.1993 on the post of an Assistant Clerk. The petitioner moved an application in the writ petition praying that he should be given an appointment as an Assistant Teacher on the basis of his educational qualificatio...
State of U.P. and anr. Vs. Kaushal Hari NaraIn and ors.
Court: Allahabad
Decided on: Apr-18-2006
Reported in: 2006(4)AWC3701
Pradeep Kant and K.S. Rakhra, JJ.1. This is an application with reference to a decided Writ Petition No. 1256 (S/B) of 1991 for further directions to release the amount deposited in the Court in the said writ petition, in favour of the applicant Kaushal Hari Narain along with interest accrued thereon.2. The applicant was an employee of Ram Ganga Command Area Development Project, Kanpur. The appointment was initially for a period of six months but it was subsequently converted into a temporary ad hoc appointment. On 4.7.1985, when he had already put in about 10 years of service, his services were terminated by a simple discharge notice. He challenged the termination of his services by filing a claim petition before the U. P. State Public Service Tribunal. The Tribunal allowed the claim petition and set aside the termination order dated 4.7.1985. The State of U. P. then preferred Writ Petition No. 1256 (S/B) of 1991 before this Court. This Court on 1.4.2004, dismissed the writ petition o...
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