Allahabad Court July 2006 Judgments
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Kanhaiya Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: AIR2006All324; 2007(1)AWC195
A.K. Yog, J.1. Kanhaiya Singh (petitioner) filed present writ petition, under Article 226, Constitution of India and prays for:A. An order, direction or writ in the nature of Certiorari quashing the order dated 8-2-2006 (Annexure-4 to the writ petition) passed by the State Government and the order dated 18-2-2006 (Annexure-5 to the writ petition) passed by the District Magistrate, Sonbhadra.B. An order, direction or writ in the nature of mandamus restraining the respondent No. 4 from carrying out any mining operations in respect of plot No. 518/Ga Area 60 Acres of village Korgi, District Sonbhadra in pursuance to the impugned orders dated 8-2-2006 and 18-2-2006 and to issue a further writ of mandamus directing the respondents to settle the contract in respect of plot No. 518/Ga situated in village Korgi, District Sonbhadra in accordance with the provisions of law in pursuance to the notice dated 29-12-2005 issued by the District Magistrate, Sonbhadra.C. Such other and further order, di...
Bansh Gopal S/O Bahadur Vs. State of U.P. Through Secretary, Public Wo ...
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2007(1)AWC891; [2007(112)FLR123]
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. Heard counsel for the appellant and the learned standing counsel.2. This is an appeal against judgment of a learned Single Judge dated 20.4.2006 dismissing the writ petition filed by the appellant.3. Brief facts of the case are; the appellant was engaged as muster roll employee on 21.3.1983 as Beldar. The petitioner was thereafter taken under work charge establishment with effect from 1.1.1987. Subsequently, vide an order dated 12.10.1999, the appellant was regularised in regular employment as Class-IV employee by order dated 12.10.1999. The appellant after completion of 60 years of age was superannuated on 31.5.2005. The appellant earlier filed a writ petition No. 68494 of 2005 which was disposed of by this Court on 27.2.2005 directing the Executive Engineer to consider the representation of appellant by which he claimed payment of pension. In pursuance of the order of this Court the Executive Engineer passed an order dated 6.12.2005 rejecti...
Prem Chand Suresh Chand Netaji Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2007(1)AWC256
S. Rafat Alam and Sudhir Agarwal, JJ.1. This writ petition, as Public interest Litigation, has been filed by Prem Chand Suresh Chand Netaji praying that the Rules of 1965 made under the Agriculture Produce Marke't Act should be set aside, the employees of the local committee has no right to continue under the Act and, therefore, the property of the petitioner taken by the respondents e directed to be returned.2. After hearing the petitioner, who appeared in person and Sri B.D. Mandhyan, learned senior counsel appearing for the Mandi Samiti, we are constrained to observe that the petitioner appears to be in the habit of filing frivolous writ petitions making serious allegations against the officers of the Court as well as the authorities. This writ petition has been filed by the petitioner seeking declaration that the Mandi Samiti has no right to continue as it is farzi samiti; that the U.P. Krishi Utpadan Mandi Act is ultra vires. It appears that the petitioner earlier approached this ...
Manaktala Chemicals Pvt. Limited Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: (2007)5VST284(All)
1. Heard Sri Ashok Kumar, learned Counsel for the petitioner and Sri Harsh-vardhan and Sri Rakesh Bajpai for the respondents.2. The petitioner, a private limited company incorporated under the Indian Companies Act, 1956 having its registered office at New Delhi and factory at Noida, established a new unit in pursuance of the scheme of exemption notified by the State Government for the manufacture of soap and detergents. The petitioner was granted eligibility certificate on January 18, 1985. The aforesaid certificate was at one point of time cancelled by the Area Chief Executive Officer, Noida, whereupon the petitioner filed a writ petition in the High Court which was allowed on June 3, 1989 and the order cancelling the eligibility certificate was quashed. The petitioner, thus, possessed a valid eligibility certificate on the basis of which the exemption has been granted to the petitioner from payment of sales tax (now trade tax) for the assessment years 1984-85, 1985-86, 1986-87, 1987-...
Hariram Vs. Ram Asrey and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2007(1)AWC227
Sunil Ambwani, J.1. Heard Sri B.N. Singh learned Counsel for the appellant and Sri S.K. Srivastava for the respondents.2. This second appeal has been filed by Sri Ram Ashrey, son-in-law of respondents 2 and 3 who were defendants 1 and 2 in the suit challenging the judgment by which the 111rd Additional District Judge, by his order dated 12.7.1979 allowed the Civil Appeal No. 56 of 1977 setting aside the Judgment and decree dated 20.10.1976 in O.S. No. 169 of 1968 to the extent that the finding with regard to suit for specific performance of contract and the sale deed dated 31.7.1967 executed by defendant No. 1 in favour of the son- in -law, was set aside, with the directions that Dukhi the defendant No. 1 under the family settlement dated 31.3.1961 could enjoy the property only during his life time, which could be inherited only by his male issue, if born to him, and not by female issue as agreed by him in the family settlement.3. The facts leading to the suit are that Dukhi, was born ...
Dakshinanchal Vidyut Vitran Nigam Ltd. Vs. Anand Granites and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2007(1)AWC1002
Pradeep Kant and Rajiv Sharma, JJ.1. This special appeal has been filed by the Nigam and the Executive Engineer against the order passed by the learned single Judge dated 30.6.2006.2. Necessary facts giving rise to the present special appeal are that the respondent Anand Granites had approached the District Consumer Forum making a challenge to the demand raised by the Corporation approximately of Rs. 17 lacs in respect of certain electricity dues/ penalty towards the Corporation. The District Consumer Forum upheld the claim of Anand Granites and thus the demand made was set aside. According to the case of the respondent Anand Granites that even after the passing of the judgment and order by the District Consumer Forum, the Corporation arbitrarily and maliciously insisted for the payment and did not restore the electricity connection, therefore, a writ petition was filed bearing number 29801 of 2006 (MB) at Allahabad which was disposed of on the same day, i.e., on 26.5.2006. A Division ...
Commissioner, Trade Tax Vs. Dhampur Sugar Mills Ltd.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: (2007)7VST272(All)
Arun Tandon, J.1. Heard learned Standing Counsel on behalf of the department and Sri Piyush Agarwal, advocate on behalf of the assessee.2. This trade tax revision filed by the department, is directed against the order passed by the Trade Tax Tribunal, Bench-II, Moradabad dated July 2, 1999 in Second Appeal No. 257 of 1998 (assessment year 1990-91), Second Appeal No. 93 of 1999 (assessment year 1990-91) and Second Appeal No. 271 of 1998 (assessment year 1990-91) and is confined to the issue as to whether mere submissions of form F, is sufficient to hold that the transactions in questions, were consignment sales.3. Learned Standing Counsel on behalf of the department submits that under Rule 4(4) of the Central Sales Tax (U.P.) Rules, 1957, a detailed procedure has been prescribed for maintenance of records in respect of consignment sales. In absence of the aforesaid records having been referred to or having been taken into consideration by the Trade Tax Tribunal mere submission of form F...
Ghanshyam Son of Sri Chimman Vs. District Magistrate,
Court: Allahabad
Decided on: Jul-19-2006
Reported in: 2007(1)AWC274
A.P. Sahi, J.1. Heard Sri Arvind Nath Agrawal, learned Counsel for the petitioner at length, and learned Standing Counsel for the respondents.2. The petitioner was appointed as a Chaukidar under the provisions of Regulation 96 of the U.P. Police Regulations, read with the provisions of N.W.I. Village and Road Police Act, 1873 and The Oudh Laws Act, 1876. By the impugned order dated 3rd June, 2006 the services of the petitioner have been terminated by the District Magistrate, Lalitpur with immediate effect on the basis of some recommendations having been made by the Superintendent of Police, Lalitpur.3. The petitioner contends that the aforesaid order has been passed without offering opportunity of hearing to the petitioner and without giving a show cause to explain the allegations made against him. The petitioner further asserts that he is not aware of any such report submitted by Superintendent of Police, Lalitpur nor did the District Magistrate, Lalitpur (respondent No. 1) provide an...
Vishwaraj Kumar Singh S/O Sri Gopi Chand and Kiran Pal Singh S/O Sri V ...
Court: Allahabad
Decided on: Jul-19-2006
Reported in: 2006(4)AWC3631
Ashok Bhushan, J.1. Heard counsel for the petitioners.2. By this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to appoint the petitioners as Class-III employee in the Muzaffarnagar Judgeship.3. Brief facts necessary for deciding the writ petition are; Twenty-seven vacancies were advertised in the year 1990 of Class-III employees in the Judgeship of Muzaffarnagar. The petitioners also applied in pursuance of the advertisement. A list was prepared by the District Judge. The list was notified on 30th March, 1991. The petitioners have filed approved list which contains the names of petitioner No. 2, Kiran Pal Singh, at Serial No. 42 and petitioner No. 1, Vishwaraj Kumar, at Serial No. 49. The said list is titled as 'Roster List 1991'. Twenty-seven persons out of the list were appointed against the vacancies. The petitioners were also given short term appointment on leave vacancies. Petitioners were given appointment on 19.11.1991 and 31.10.1991 ...
Sugar Cane Research Centre Through Its Officer Incharge and Genda Sing ...
Court: Allahabad
Decided on: Jul-19-2006
Reported in: [2006(110)FLR1143]
Bharati Sapru, J.1. This writ petition has been filed against an award of the Labour Court dated 15.2.2000 passed in Adjudication Case No. 219 of 1992 by which, the Labour Court has reinstated the respondent workman on the same position as he was engaged along with full back wages.2. The petitioner has challenged the award for two reasons. Firstly, the petitioner states that the award was passed ex-parte against them and secondly on merits also.3. I have heard learned Counsel for the petitioner Shri Sidhtharth Singh, learned Counsel for the respondent Shri Shy am Narain.4. On the first point, the petitioner argued that a plain reading of the award itself would make it clear that the award was passed ex-parte against them and, therefore, the petitioner filed an application for recall of the exparte award.5. The award is dated 15.2.2000. The undisputed fact is that the award was published on 21.10.2000 and, therefore, become enforceable within the period of 30 days on 21.10.2000 under th...
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