Allahabad Court November 2007 Judgments
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Miss Manju Shikdar Daughter of Sri Manmohan Shikdar Vs. General Manage ...
Court: Allahabad
Decided on: Nov-21-2007
Reported in: [2008(117)FLR633]
S. Rafat Alam and Sudhir Agarwal, JJ.1. The order dated 20.01.1999, dismissing the writ petition in default, having been recalled vide order of date passed on the recall application, the writ petition is restored to its original number.2. Since the matter is pending since 1996, with the consent of learned Counsel for the parties, we have heard the matter on merits.3. The petitioner, who was working as probationer in the State Bank of Indore (hereinafter referred to as the 'Bank'), has been terminated by the General Manager of the Bank vide order dated 16.08.1995 on the ground that after adjudging her work and performance she has not been found fit for confirmation and, therefore, has been terminated during the period of probation.4. Learned Counsel for the petitioner contended that though the petitioner was probationer, yet the impugned order cast stigma upon the petitioner and. therefore, could not have been passed without giving any opportunity. He further contended that the petition...
Sanjay Kumar (Dr.) Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-21-2007
Reported in: II(2008)BC576
M.K. Mittal, J.1. The application has been filed for quashing the proceedings in Criminal Complaint Case No. 632/04, Avnish Dutt Sharma v. Dr. Sanjay Kumar, under Section 138, Negotiable Instruments Act (hereinafter referred as Act) pending in the Court of Special A.C.J.M. C.B.I. (A.P.), Lucknow.2. Heard Mr. Shamim Ahmed, learned Counsel for the applicant, Mr. Shrikant, learned Counsel for the opposite party No. 2, learned AGA and perused the material on record. Counter and rejoinder affidavits have been exchanged between the parties.3. The brief facts of the case are that the opposite party No. 2 filed a complaint against the applicant alleging that he had taken Rs. 25,000/- from him on 26.11.2003 in connection with the marriage of his sister and had issued a post-dated cheque on 26.11.2003 for Rs. 25,000/- in favour of the applicant. When this cheque was presented at the Bank at Lucknow, it was returned with the endorsement 'insufficient fund, on 25.2.2004. The complainant approached...
Smt. Shanti Devi W/O Late Rajendra Singh Vs. Office of Insurance Ombud ...
Court: Allahabad
Decided on: Nov-20-2007
Reported in: 2009ACJ1534; AIR2008All72
Amitava Lala, J.1. The fact remains that the petitioner's deceased husband made a policy during his life time under the money back scheme of Life Insurance Corporation of India (hereinafter called as 'L.I.C.') in its local office. Number of the policy is 311465500 dated 31st January, 2002. The policy was lapsed due to nonpayment of premium on 28thth June, 2002 and 28th December, 2002. The policy was revived on full payment of premium on 15th February, 2003. However, the insured expired on the following day i.e. 16th February, 2003 due to heart attack. On 27th May, 2004 Senior Divisional Manager of the L.I.C., Allahabad had rejected the claim of his wife on account of her husband's death. On 18th January, 2005 Zonal Manager of the L.I.C. from its office at Kanpur had also rejected such claim. On 2nd February, 2005 wife of the insured was formally informed by the Divisional Office, Allahabad about the order of the Zonal Manager, Kanpur, from which an appeal was preferred before the Insur...
Ajai Kumar Tripathi Son of Sri Yatindra Nath Tripathi Vs. Ram Bahadur ...
Court: Allahabad
Decided on: Nov-20-2007
Reported in: 2008(1)AWC1041
Arun Tandon, J.1. Heard Sri A.M. Tripathi, learned Counsel for the petitioner and Sri Sanjeev Khare, learned Counsel for respondent.2. This writ petition was taken up as fresh matter on 8th August, 2007 and on the said date learned Counsel for the parties agreed that since only a legal issue qua application of Section-5 of the Limitation Act to an election petition filed under the provisions of Uttar Pradesh Zila Panchayats (Settlement of Disputes Relating to Membership) Rules, 1994 is involved, it is not necessary to file any counter affidavit and the writ petition may be decided at the admission stage itself without calling for counter affidavit.3. In view of the stand taken up by the parties, the Court has proceeded to hear the present writ petition finally on legal issue raised.4. There is no dispute between parties about the facts as are on record. Elections to the office of the member of Zila Panchayat from Vikash Khand Barsathi, Jaunpur was held on 17th October, 2005. Petitioner...
Smt. Nirmala Lal Wife of Late Sanjay Lal Vs. Mr. S.R. Cutting (Bishop) ...
Court: Allahabad
Decided on: Nov-20-2007
Reported in: [2008(116)FLR219]
Ashok Bhushan, J.1. Heard Learned Counsel for the petitioner and Sri S.P. Sharma, Learned Counsel for the respondent No. 4.By this writ petition, the petitioner has prayed for a writ of mandamus, directing the respondents to regularise the services of the petitioner on the post of Assistant Teacher.2. The petitioner claims to be appointed on 10.10.2004 as temporary Assistant Teacher by the respondent No. 2 which is an institution managed by Christian minority. The petitioner's case is that since the date of her appointment, she is performing her duties on consolidate salary. The service conditions of the petitioner are not governed by statutory rules nor the respondents No. 1 to 3 can be said to be authorities within the meaning of Article 12 of the Constitution of India. Learned Counsel for the petitioner contended that since the institution is imparting education, which is a public duty, a mandamus can very well be issued against the respondents. Learned Counsel for the petitioner in...
Commissioner of Income Tax Vs. Prem Kumar
Court: Allahabad
Decided on: Nov-20-2007
Reported in: (2008)214CTR(All)452
1. By this application under Section 256(2) of the IT Act 1961, the Department seeks calling of a reference on the following question of law, which is alleged to arise out of Tribunal's order dt. 30th June, 1997:Whether on the facts and circumstances of the case, Hon'ble Tribunal was justified in holding that no capital gain is exigible to tax in asst. yr. 1984-85 We have heard learned Counsel for the IT Department.2. The essential facts in this case are that the land of the respondent was acquired under the Land Acquisition Act, 1894. The land acquisition notification was issued on 15th Nov., 1975. Section 17(4) of the Land Acquisition Act, 1894 had been applied. Possession of the land was taken on 23rd Dec, 1983 (i.e. during asst. yr. 1984-85). A small part of the compensation that is Rs. 25,000 was received by the respondent on 11th July, 1984 ( i.e. during asst. yr. 1985-86). The compensation award was given by the Collector/Land Acquisition Officer on 18th Sept., 1986. The remaini...
Moti Lal S/O Late Shankar Nath and ors. Vs. the State of U.P. Through ...
Court: Allahabad
Decided on: Nov-20-2007
Reported in: [2008(116)FLR842]
Arun Tandon, J.1. Heard Sri Vijay Gautam, learned Counsel for the petitioners, Sri Ashok Khare, Senior Advocate, assisted by Sri Amit Kumar Srivastava, learned Counsel for private respondents and learned Standing Counsel on behalf of State-respondents.2. Petitioners, who are 21 in number, claims to have been appointed as daily-wage class-IV employees in Printing and Stationery Department, Government Press, Allahabad. Such appointments are alleged to have been offered to the petitioners between 1988 to May, 1993.3. Petitioners through this petition have prayed for two reliefs:(a) regularisation of their services in terms of the Government Order dated 2nd June, 2001 and dated 24th September, 2001,(b) a writ of certiorari quashing the orders dated 24th February, 2005 and dated 25th August, 2005, whereby the respondents have rejected the representations of the petitioners against regularization offered to private respondent Nos. 6 to 35 on Class-IV posts, which according to the petitioners...
Karan Kumar Yadav Vs. U.P. State Public Services Tribunal and ors.
Court: Allahabad
Decided on: Nov-20-2007
Reported in: 2008(2)AWC1987
Pradeep Kant and Rajiv Sharma, JJ.1. This petition challenges the order passed by the State Public Services Tribunal, dated 6th August, 2007 by means of which the claim petition preferred by the petitioner has been dismissed as barred by limitation. Leaving chequered history of the case it would be relevant to mention that the petitioner had applied for being appointed as Manager-cum-Clerk/Vyasthapak in pursuance of the advertisement published in the year 1984. The petitioner in his application has mentioned that he had appeared in the examination of Diploma in Tourism and Hotel Management of which result has not been declared but at the same time he has also mentioned that he has passed the examination.2. The petitioner who, was earlier working as daily wage employee, was issued appointment order on 1.1.1985 and was also sent for training. Since the petitioner was not possessed with Diploma in Tourism and Hotel Management from any recognized Institution, as per the terms of the advert...
Umesh Chandra Jaiswal Son of Late Sri Narendra Kumar Jaiswal Vs. the S ...
Court: Allahabad
Decided on: Nov-19-2007
Reported in: [2008(116)FLR309]
S. Rafat Alam and Sudhir Agarwal, JJ.1. In the instant petition the sole petitioner has come up for quashing of the order of Public Service Commission, Allahabad dated 05.11.2007 intimating that his form and fee for appearing in the test for appointment to the post of Assistant Prosecution Officer is rejected on the ground that he was overage.2. Learned Counsel for the petitioner vehemently contended that since he was born on 01.07.1966, he would complete 40 years of age on 01.07.2006, therefore, was not overage, and, rejection of his application form is wrong.3. We do not find any force in the submission for the reason that under the Rules the maximum age for appointment in the State Government Services is 35 years for general category candidates. The cut-off date is 01.07.2006. Relaxation by 5 years is admissible to the candidates belonging to reserve category i.e. S.C., S.T. and O.B.C. Since the petitioner belongs to O.B.C. category, therefore, even if benefit of 5 years is given to...
Amar Singh and anr. Vs. New Okhla Industrial Development Authority and ...
Court: Allahabad
Decided on: Nov-19-2007
Reported in: 2008(1)AWC509
Tarun Agarwala, J.1. The plaintiffs filed a suit for perpetual injunction praying that the defendants be restrained from interfering in their possession over 9 biswas of land on plot No. 401 situate in village Atta, tehsil Dadri, now in N.O.I.D.A., district Gautam Budh Nagar.2. The plaintiffs alleged that the total area of plot No. 401 was 4 bighas 19 biswas, out of which, 4 bighas and 10 biswas was acquired and that 9 biswas was left out from the acquisition proceeding initiated under the Land Acquisition Act. The plaintiffs contended that the remaining 9 biswas which was left out from acquisition, was an abadi land, which was being used by the plaintiffs and their forefathers for keeping cattle, etc. for the last 60-70 years. The plaintiffs alleged that they were the owners and in possession of the land in question which was never acquired nor possession was taken nor could it be legally acquired at this stage. The plaintiffs further alleged that the defendants illegally came to the ...
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