Allahabad Court April 2006 Judgments
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Amirullah Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-18-2006
Reported in: 2007(1)AWC994
Sudhir Agarwal, J.1. This writ petition is directed against order of termination dated 7.10.1994 whereby the petitioner has been terminated on the ground of continuous absent since 13.2.1987.2. The brief relevant facts as stated in the writ petition are that the petitioner was initially employed as unpaid Apprentice Overseer vide order dated 5.3.1962 (Annexure-2 to the writ petition). He was thereafter engaged on temporary post and with effect from 1.4.1972 was confirmed on the post of Junior Engineer (Civil) Irrigation Department, U.P., Lucknow. A copy of the office memorandum dated 7.2.1974, communicating the order of confirmation has been placed on record as Annexure-4 to the writ petition. It is further submitted that the petitioner fell ill some time in February, 1987 and had to go to Bombay for his treatment on account whereof he could not attend his duties. It is also claimed that he sent several applications dated 10.4.1987, 2.12.1987, 15.1.1988, 21.11.1988 and 11.10.1989, seek...
Abid Manzoor S/O Late Mr. Syed Manzoorul Hasan Vs. the New India Assur ...
Court: Allahabad
Decided on: Apr-17-2006
Reported in: [2006(110)FLR505]
Barkat Ali Zaidi, J.1. The petitioner is a Development Officer at Allahabad and he retired on 1.4.2003 under Voluntary Retirement Scheme (VRS in short). Subsequently, his G.P.F., Leave Encashment and other benefits were , however, withheld on the ground that the disciplinary proceeding were in progress against him, in connection with having caused a loss of Rs. 35,27,650/- to company.2. The contention of the petitioner is that the company can not withhold his gratuity, Ex-gratia, payment for pension and amount of Leave Encashment which should have been paid to him to him between 45 days from 1.4.2005, when he was retired from the service after deducting residuary Amounts of his Loan and Advances because he retired under the VRS Scheme. Even during departmental proceedings, the provisional pension must be paid to him, and loss, if any, if found to be caused due to him, it can only be deducted from his pensionary benefits, and his Ex-gratia, Gratuity, G.P.F. and amount of Leave Encashmen...
Sri Gaya Prasad Dubey, Lecturer in Sanskrit, Son of Late Sabha Pati Du ...
Court: Allahabad
Decided on: Apr-17-2006
Reported in: 2006(3)AWC2808
Barkat Ali Zaidi, J.1. The petitioner is working on an honorarium basis as Sanskrit Lecturer with respondent No. 3 Firoz Gandhi College, Rai bareilly since September, 2003. The respondent No. 2 U.P. Higher Education Service Commission conducts examination for recruitment of teachers in colleges. The rules under which examinations are conducted are as follows:12. Procedure for appointment of teachers: (1) Every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void.(2) The management shall intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuring academic year, to the Director at such time and in such manner, as may be prescribed.Explanation : The expression 'academic year' means the period of 12 months commencing on July 1.(3) The Director shall notify to the Commission at such time and in such manner as may be pr...
Akeel Khan Son of Abdul Hakim Khan Proprietor of A.K. Cable Network Vs ...
Court: Allahabad
Decided on: Apr-17-2006
Reported in: 2006(3)AWC2818
Arun Tandon, J.1. Heard learned Counsel for the parties.2. Learned Counsel for the parties agree that the present writ petition may be disposed of at the admission stage itself.3. This writ petition is directed against an order passed by the Special Secretary, Tax & Registration, Secretariat, U.P. Lucknow dated 10th March, 2006, whereby the appeal filed by the petitioner under Section 12(2) of the U.P. Entertainment and Betting Tax Act, 1979 has been dismissed on the ground that the same has been preferred beyond the prescribed period of limitation.4. The facts relevant for the purposes of disposal of the present writ petition are: The petitioner, who is engaged in the business of Cable Network in the name and style of A.K. Cable Network, Agra, he was served with an order dated 10th October, 2005 passed by the Assessing authority, whereby his tax liability under the provisions of U.P. Entertainment and Betting Tax Act, 1979 was determined at Rs. 4,60,253/- (Rupees Four lac, sixty thous...
Suraj Lal Jaiswal Son of Shri Chhedi Lal Jaiswal Vs. the State of Utta ...
Court: Allahabad
Decided on: Apr-17-2006
Reported in: 2006CriLJ3323; II(2006)DMC1
K.N. Sinha, J.1. By means of the present application under Section 482 Cr.P.C., the applicant has sought quashing of charge sheet (Annexure No. 4) under Section 494 I.P.C., pending in the court of Chief Judicial Magistrate, Allahabad. The applicant, in this case, was married with opposite party No. 2 on 30.6.1975. In the year 1977, the father of the opposite party No. 2 pretended that his younger daughter is ill and took opposite party No. 2 to his residence. Thereafter, she was never sent back to her matrimonial home. Subsequently, opposite party No. 2 filed an application under Section 125 Cr.P.C. against the applicant, which was dismissed by the Magistrate on 24.5.1983 and the revision was also dismissed on 2.11.1983. The opposite party No. 2 then filed a petition under Section 9, Hindu Marriage Act, which was decreed ex-parte against the applicant, The applicant sent a registered notice to the opposite party No. 2 on 13.10.1987 asking to intimate the date on which the applicant sho...
Branch Manager, Oriental Insurance Co. Ltd. Vs. Ram Babu Son of Sri Pa ...
Court: Allahabad
Decided on: Apr-13-2006
Reported in: IV(2006)ACC137; 2007ACJ1406; 2006(3)AWC2803
Prakash Krishna, J.1. Common questions of law and facts are involved in all these revisions and they were heard together and are being disposed of by a common judgment. All these revisions arise out of similar kind of orders passed by Motor Accidents Claim Tribunal. Therefore, to appreciate the controversy involved in the present case the facts of civil revision No. 83 of 2001 are referred.2. Claim Petition No. 126 of 1997 was filed by Ram Babu under Sections 166 and 140 of Motor Vehicles Act. 1988 claiming damages for the injuries suffered by him in a motor accident dated 4th of March, 1997 at about 8 P.M. in village Kusahari near Sagar Hotel, Kanpur Lucknow Road, district Unnao, while he was traveling from Barabanki to Kanpur on the pleas inter alia that the driver of bus No. UP 030/8281 in which the claimant was a valid passenger stopped the bus near a hotel for a break. A dispute arose in between the driver and the owner of the hotel and there was mar-pit with the hotel personnels....
Arun Kumar Maheshwari and anr. Vs. Income-tax Officer
Court: Allahabad
Decided on: Apr-13-2006
Reported in: (2007)207CTR(All)558; [2006]285ITR179(All)
R.K. Agrawal, J.1. The applicants-Arun Kumar Maheshwari and Amit Kumar Maheshwari-by means of Civil Miscellaneous Writ Petition No. 538 of 2001 and Civil Miscellaneous Writ Petition No. 539 of 2001 (see : [2006]284ITR642(All) ), respectively, filed under Article 226 of the Constitution of India had challenged the validity of the separate notice dated March 15, 2001, issued under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the assessment year 1995-96 on the ground that the said notice is absolutely illegal, arbitrary and had been issued only on account of change of opinion and there was no material on the basis of which a sum of Rs. 14 lakh and Rs. 19.60 lakhs, respectively, can be said to be the income of the applicants on the basis of which an opinion can be formed about the escaped assessment. The writ petition was heard along with two other writ petitions involving similar issues and was dismissed vide a common judgment and order dated Decembe...
United India Insurance Company Ltd. Vs. Smt. Nazini Begum and ors.
Court: Allahabad
Decided on: Apr-13-2006
Reported in: 2007(78)AWC2488
ORDERU.K. Dhaon and R.P. Yadav, JJ.1. Heard Shri Tarun Kumar Mishra, the learned Counsel for the appellants, Shri Adnan Ahmad for the opposite party No. 1 and Shri A.N. Trivedi for the opposite party No. 2.2. This first appeal from order under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 25.9.2003, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Sultanpur, allowing the claim petition and directing the appellant to pay a sum of Rs. 2,70,000 to the claimants respondents with interest @ 9% per annum.3. The respondent Nos. 1 and 2, who filed the claim petition before the Tribunal are the parents of the deceased Mohd. Ayaj Khan (aged about 14 years), who died in a motor accident on 18.4.2001 at about 7.00 a.m., while on way to his school. The said accident took place with Truck No. W-03A/2756 owned by Smt. Lalita Devi, the respondent No. 3. Kesri Nandan, respondent No. 3 is said to have been driving the vehicl...
U.P. State Road Transport Corporation Vs. Pankaj and ors.
Court: Allahabad
Decided on: Apr-13-2006
Reported in: I(2007)ACC300
U.K. Dhaon, J.1. Heard Mr. Sharad Kumar Srivastava, learned Counsel for the appellant, Mr. U.P.S. Kushwaha, learned Counsel for the respondent No. 4 and Mr. R.K. Dubey, learned Counsel appearing on behalf of the claimant-respondents.2. This First Appeal from Order under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 31st May, 2003, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Unnao, allowing the claim petition and granting compensation to the tune of Rs. 2,47,000 with interest @ 8% per annum.3. Claim petition was filed by Shri Pankaj, aged about 20 years, son and Smt. Brij Rana, widow of deceased, Shri Radhey Shyam, aged about 42 years who was driver of a Swaraj Mazda U.P. 32-T/41157 and died in the accident in question on 1st May, 1997, at 6.30 a.m., when he was driving the said vehicle within the jurisdiction of Police Station, Pawal, District Faizabad. It was alleged that a U.P. Roadways Bus No. 80-A 9...
Committee of Management, the Chowdhury Chotu Ram Post Graduate Degree ...
Court: Allahabad
Decided on: Apr-12-2006
Reported in: 2006(3)AWC2204
Arun Tandon, J.1. Heard Sri Shailendra Advocate on behalf of the petitioner, Sri P.S. Baghel Advocate on behalf of the private respondents, Standing Counsel on behalf of respondent Nos. 1 and 2.2. These two writ petitions pertain to the dispute of the office bearers of a registered society, as well as, of the degree college managed by it. Therefore both the petitions are being decided together.3. The Chaudhury Chhotu Ram Managing Committee, Muzaffarnagar is a society duly registered under the Societies Registration Act. The said society has established a Degree College in the name and style of Chaudhury Chhotu Ram Post Graduate College, Muzaffarnagar. The Post Graduate College is affiliated to Chaudhary Charan Singh University, Meerut. The Executive Committee of the society ex officio become the Committee of Management of the Degree College. Reference- para 18-C of the registered bye laws.4. The last undisputed elections of the Executive Committee took place on 17.12.1991 wherein Sri S...
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