Allahabad Court October 2007 Judgments
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Rajesh Kumar (Rajesh Kumar Pandey) Vs. General Manager, Allahabad Bank ...
Court: Allahabad
Decided on: Oct-23-2007
Reported in: [2008(116)FLR801]
Devi Prasad Singh, J.1. Petitioner's father Late Sri Chandrapal Pandey was a Cashier in Allahabad Bank Amethi Branch, Sultanpur. He died in harness on 9th December, 1998. After his death, petitioner applied for appointment on compassionate ground. By impugned order dated 15th October, 2001 contained in Annexure-8, petitioner's candidature has been rejected by Chief Manager, Allahabad Bank on the ground that Late Chanderpal was punished on account of misconduct by stoppage of two increments permanently. Thus, on account on the fact that he was punished for misconduct during the course of employment, respondents have declined to appoint the petitioner on compassionate ground.2. Petitioner's Counsel submits that the order of punishment was passed on 23rd March, 1991 and Late Chandrapal Pandey died almost after seven years, during the course of service. Petitioner's Counsel has invited attention to Clause (b) of the scheme of appointment on compassionate ground filed as Annexure-2 to the c...
Allahabad Canning Company (Proprietor the Oudh Sugar Mills Ltd.) Throu ...
Court: Allahabad
Decided on: Oct-12-2007
Reported in: 2008(1)AWC21
H.L. Gokhale, C.J.1. Heard Mr. Madhur Prasad in support of this petition. Mr. S.K. Mishra appears for the respondent.2. The petitioner claims to have supplied 53 (MT) of Pineapple lams to the Chief Director of Purchase of Armed Forces on the basis of agreement entered into on 23.12.2005. The supply was supposed to have been made in glass jars. The Armed Forces made the payment for the supply excluding 11 (MT) of this supply. The supply was made to the desired stations at Dehradun and Guwahati on 18.5.2006 but by letter dated 28.7.2006, the petitioners were intimated that the supply as stated above had gene bad within the warranty period. The petitioner should lift the same within 15 days or else the said stock will be destroyed. This is what is specifically stated in paragraph-6 of the petition.3. Some discussions and correspondence followed between tin parties but the fact remains is that the payment was not approved.4. By their letter dated 11.8.2006 addressed to the petitioners, the...
Pawan Kumar Agarwal S/O M.P. Agarwal Vs. State of U.P. Through Secreta ...
Court: Allahabad
Decided on: Oct-12-2007
Reported in: 2008(1)AWC158
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Pawan Kumar Agarwal, seeks the following reliefs:(a) issue a writ, order or direction in the nature of certiorari quashing the condition No. 3 in the order dated 6.7.2007 passed by the respondent No. 3 (Annexure 3) to the writ petition.(b) issue a writ order or direction in the nature of mandamus commanding the respondents, to provide the electricity connection in accordant with the U.P. Electricity Supply Code from the 33 KV Faiehpur Feeder and do not insist the petitioner to the said connection from an independent feeder i.e 133/33KV Sub Station, Malwan, Fatehpur.(c) Issue any other and further order winch tins Hon'ble Court deems fit and proper under the circumstances of the case.(d) To award cost of the petition to the petitioner.2. Briefly stated, the facts giving rise to the present petition are as follows:According to the petitioner, he proposed to set u...
P.A.C. Commandant Iv Battalion Vs. Smt. Kavita Devi
Court: Allahabad
Decided on: Oct-12-2007
Reported in: 2008(1)AWC91
Vijay Kumar Verma, J.1. In this appeal preferred under Section 173 of Motor Vehicles Act, the Judgment and award dated 25.8.1998, passed by M.A.C.T./13th Additional District Judge, Allahabad, in M.A.C.P. No. 311 of 1997, Kavita Devi v. P.A.C. Commandant 4th Bn. Dhoomanganj, Allahabad, has been challenged. By the impugned award, the Tribunal below has granted a sum of Rs. 2,83,000 as compensation for the death of Mohan Lal alias Himmat Singh (husband of the claimant).2. The claimant/respondent has also filed cross appeal/objections on 12.11.2003 for enhancement of the compensation.3. Mohan Lal alias Himmat Singh (hereinafter to be referred as 'deceased') died due to the injuries sustained by him in accident on 28.5.1997 at about 9 p.m. The said accident is alleged to have been caused by P.A.C. Truck No. U. P. 70E/8655 (for short the offending vehicle). The claimant filed claim petition under Section 166 of Motor Vehicles Act (for short the Act) claiming a sum of Rs. 4.75,000 as compensa...
Kailash Prasad Son of Sri Sita Ram Vs. State of U.P. Through Secretary ...
Court: Allahabad
Decided on: Oct-12-2007
Reported in: 2008(1)AWC361
1. Heard Sri Arvind Kumar Srivastava, learned Counsel for the appellant great length. Learned Standing Counsel representing the respondents No. 1 to 3 was also heard.2. This special appeal under Chapter-V Rule 8 of the High Court Rules is directed against the judgment dated 19.10.2005 passed by Hon'ble Single Judge dismissing Writ Petition No. 36630 of 2002 Kailash Prasad v. State of U.P. and Ors. filed against the order passed by the Principal, Janta Inter College Indrapur, District Gorakhpur (hereinafter referred, to as the 'Institution') discontinuing the services of the petitioner as Class IV employee.3. In brief it is not disputed that the petitioner, Kailash Prasad (hereinafter referred to as the 'petitioner-appellant') was appointed on 16th May, 2001 by the Principal of the Institution without Laying obtained approval of the District Inspector of Schools, Gorakhpii (hereinafter referred to as the 'DIOS') as required under Regulation 101, Chapter-III of lithe Regulations framed u...
Mohd. Sultan Khan Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Oct-12-2007
Reported in: (2009)20VST235(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated August 5, 2003 relating to the assessment year 1990-91.2. Brief facts of the case are that the applicant is the owner of bus and have entered into a contract/agreement with General Electric Company of India Limited, Naini, Allahabad (hereinafter referred to as 'GEC') for the transportation of their employees from their residence to the factory and from factory to their residence. On the basis of the information received by the assessing authority that the applicant had received transportation charges, proceedings under Section 7 of the Act were initiated. Before the assessing authority, it was contended that only the transportation charges were charged and the possession of the vehicle had never been transferred to GEC. It was submitted that the driver and conductor were of the applicant and the entire expenses in...
Gyandhari Pal Son of Late Bansh Bahadur Pal, Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Oct-11-2007
Reported in: [2008(116)FLR137]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner, the standing counsel for the respondents and perused the record.2. The contention of the counsel for the petitioner is that the petitioners were appointed in U.P. Police on the post of Constables.3. It is further submitted that respondent No. 5 passed an order on 31.5.2007 directing the department of police in which 675 Constables have been transferred from U.P. to State of Uttrakhand.4. It is next submitted that the respondent No. 8 published a list on 24.9.2007 of 182 Constables who has to be transferred from State of U.P. to Uttrakhand, the petitioners' name find place at SI. No. 163, 167 and 168. Thereafter the petitioners have approached to the Deputy Inspector General of Police, Police Head Quarter Allahabad, U.P by an application., which is still pending.5. Aggrieved by the final allocation order of State of Uttaranchal the petitioners have come up in this writ petition.6. According to the U.P. Reorganization Act, 200...
State of U.P. Vs. Texmaco Ltd.
Court: Allahabad
Decided on: Oct-11-2007
Reported in: 2008(1)ARBLR605(All); 2008(1)AWC541
Amitava Lala, J.1. The impugned order passed by the learned Civil Judge/Judge, Small Causes Courts, Bijnor dated 26th July, 1993 in Original Suit No. 193 of 1991, Taxmaco v. State of U.P. in the capacity of Civil Judge arising out of an award dated 3rd August, 1989 of Justice L. P. Nigam, former Judge of Allahabad High Court, as Umpire, which was challenged by the State for setting aside the same but ultimately failed and the decree was passed on the award, is under challenge.2. As per the erstwhile Arbitration Act, 1940 (hereinafter in short called as the 'Act') an award can be challenged in the Court of law under Sections 30 and 33 of the said Act. When Section 30 is subject, Section 33 is procedural. As per Section 30 of the Act, there are three conditions for the purpose of challenging the award, as under:30. Grounds for setting aside award.-An award shall not be set aside except on one or more of the following grounds, namely-(a) that an arbitrator or umpire has misconducted himse...
Bhole Baba Dairy Industries Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-11-2007
Reported in: (2009)20VST518(All)
1. By means of present petition under Article 226 of the Constitution of India, the petitioner is challenging the seizure order dated August 29, 2007 passed under Section 13A(6) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') annexure 1 to the writ petition. After seizing the goods on the value of Rs. 18,03,750, a sum of Rs. 4,32,900 has been demanded towards security.2. The brief facts of the case are that the petitioner is a registered dealer under the U.P. Trade Tax Act, 1948 and the Central Sales Tax Act, 1956 and engaged in the business of manufacture and sales of deshi ghee in its factory situated at Aligarh. It is claimed that the petitioner had sale depots in different States across the country and used to transfer the manufactured goods by way of stock transfer for sale. On August 21, 2007 the petitioner dispatched 925 tins of deshi ghee to its depot Bhiwandi, District Thane (Maharashtra) against stock transfer note No. 00189 dated August 21, 2007. The B...
Smt. Shweta Bajpaee Daughter of Sri Jay Prakash Shukla W/O Sri Puneet ...
Court: Allahabad
Decided on: Oct-10-2007
Reported in: [2008(116)FLR135]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. The petitioner has come up in this petition challenging the validity and correctness of the order dated 20.9.2007 passed by the respondent. No. 2 appended as annexure No. 13 to the writ petition.3. By the aforesaid order, the Director General (Chikitsa a Avam Swasthya Sewai) U.P. at Lucknow has passed an order for deducting 50% of the salary of the petitioner and its payment given to tie minor brother and sister of the petitioner.4. The aforesaid order has been passed in the back ground that the mother of the petitioner, who was an employee in the Health Department died in harness in an accident. The petitioner applied for compassionate appointment in her place and also gave an affidavit at the time of appointment that she look after her minor brother and sister. It appears that the petitioner was thereafter married.5. It is averred in the writ petition that her in laws are pressunsing her not to look after minor brother and ...
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