Allahabad Court December 2007 Judgments
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Committee of Management, Dr. Lohiya Madhyamik Vidyalaya Through Its Ma ...
Court: Allahabad
Decided on: Dec-13-2007
Reported in: 2008(1)AWC946
Rajes Kumar, J.1. By means of present petition, the petitioner has challenged the order dated 15.10.2005 passed by the Registrar, Firms, Societies and Chits, U.P., Lucknow by which he has given the approval to the committee in which Sri Surjit Singh was elected as Manager.2. Heard Sri Rahul Jain, learned Counsel for the petitioner and Sri Suresh Chandra Dwivedi, learned Counsel appearing on behalf of opposite party Nos. 4 and 5.3. The contention of the counsel for the petitioner is that before the Registrar rival claims were made by the petitioner for the approval of his Committee of Management and by the respondent Nos. 4 and 5. He submitted that the petitioner claimed that Sri Om Prakash Yadav was elected as Manager and Dr. Raja Ram Jha was elected as President in an election held on 1.9.2004. Sri Surjit Singh claimed that he was elected as Manager and Sri Shree Krishna Shakya was elected as President in an election held on 5.9.2004. The necessary documents were produced from both th...
Shiva Kant Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-13-2007
Reported in: 2008(1)AWC937
ORDERAnjani Kumar, J.1. Heard Sri Shashi Nandan appearing for the petitioner and the learned standing Counsel for the respondents.2. The petitioner, by means of this writ petition, has challenged the order dated 19.11.2007, whereby the petitioner, who is under suspension, has been repatriated from L.I.U. to Civil Police and is posted in the District Basti.3. Learned Counsel for the petitioner submits that this order of repatriation is in contravention of the provisions of Regulation No. 525 of the Police Regulations. The provision of police regulations has not been demonstrated to have any statutory force. They are supposed to be administrative instructions or administrative orders for guidance to the authorities. The Hon'ble Apex Court in the case of Chief Commercial Manager, South Central Railway. Secunderabad and Ors. v. G. Ratnam and Ors. : AIR2007SC2976 has held as under:20. It is well settled that the Central Government or the State Government can give administrative instructions...
Shiva Nand Son of Shri Gokul Prasad Vs. Presiding Officer, Labour Cour ...
Court: Allahabad
Decided on: Dec-13-2007
Reported in: [2008(117)FLR523]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties. This petition has been filed against the validity and correctness of the order dated 6.10.01 published on notice board on 7.8.2002, which has been annexed as annexure No. 7 to the writ petition. The petitioner has prayed for issuance of writ, order or direction commanding the respondents to reinstate the petitioner in service and also pay salary and emoluments payable to the post occupied by the petitioner alongwith interest payable thereon.2. The petitioner was initially engaged on daily wager in Anusandhan Evam Niyojan (Jal Sansthan) under respondent No. 2 and 3 i.e. Superintending Engineer as well as Executive Engineer , M/S Anusandhan Evam Niyojan (Jal Sansthan), Mandal, Allahabad from time to time on need basis. He was disengaged w.e.f. 1.1.1989 after the work or the specified period for which he was engaged was over.3. It appears that the petitioner raised an industrial dispute with regard to his disengagement from work/s...
Taj Royalty Through Its Partner Rakesh Kumar Son of Shri Raj Bahar Sin ...
Court: Allahabad
Decided on: Dec-12-2007
Reported in: 2008(1)AWC656
V.M. Sahai and R.N. Misra, JJ.1. The petitioner has filed this writ petition for quashing the condition No. 8 of the notice dated 4.12.2007 issued by Addl. District Magistrate (Administration), Bijnor, respondent No. 3 and notice dated 16.10.2007 issued H by the same authority.2. We have heard Shii Mukesh Prasad, learned Counsel for the petitioner Irarid Shri Vishnu Pratap, learned Standing Counsel for the respondents.3. It appears from the contents of the petition that on 16.10.2007, a notice was issued by District Magistrate, Bijnor under Rule 72 of the U.P. Minor Mineral (Concession) Rules, 1963 (hereinafter called as 'Rules') declaring availability of 25 acres area for grant of mining lease for a period of three, years, under Chapter II of the said Rules, in district Bijnor and inviting applications after expiry of the period of one month from the date of notice. In pursuance of notice issued by the respondent No. 2, die petitioner firm applied in form MM-1 for grant of mining leas...
Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...
Court: Allahabad
Decided on: Dec-12-2007
Reported in: 2008(1)AWC1002
Sudhir Agarwal, J.1. Heard Sri U.N. Sharma, Senior Advocate assisted by Sri May auk Agrawal and Sri Krishna Agrawal, Advocates for the petitioners, Sri H.P. Dube, Advocate for respondents No. 1 to 3 and learned Standing Counsel for respondent No. 4.2. Since the counter and rejoinder affidavits have already been exchanged, as requested by learned Counsel for the parties, this writ petition has been heard and is being decided finally at the admission stage under the Rides of the Court.3. The petitioners, M/s Maa Vind Vasini Industries and another have filed this writ petition under Article 226 of the Constitution of India, aggrieved by the demand notice issued for the month of May, 2007 and also the letters dated 24.02.2007 and 05.05.2007 issued by the Chief Engineer (Commercial) U.P. Power Corporation Ltd., Lucknow and the Executive Engineer, Electricity Distribution Division-II. Purvanchal Vidyut Vitran Nigarh Ltd. Mohaddipur, Gorakhpur respectively and have sought a writ of certiorari...
State of U.P. Vs. Dr. Sitaram Singh S/O Mahavir Singh and ors.
Court: Allahabad
Decided on: Dec-12-2007
Reported in: 2008CriLJ1533; I(2008)DMC566
B.A. Zaidi, J.1. This is a Government Appeal against acquittal filed by the State and a Criminal Revision filed by the complainant, relating to the same incident which are being taken up together for decision. The judgment and order dated 20.8.2002, was passed by Addl. Sessions Judge, Court No. 1, Ballia, by which he acquitted abovenamed, seven accused for charges under Sections 498-A, 304-B and 201 I.P.C. and Section 3/4 of Dowry Prohibition Act.2. This is a tragic yet mysterious tale of a lady, who lost her life within 48 hours after dawning her bridal attire. This happened in the Eastern Uttar Pradesh town of Babubel in District Ballia. The bride hailed from Patna. Her marriage was settled with accused Arun Kumar Singh, younger brother of accused Dr. Sita Ram Singh and Dr. Ashok Kumar Singh and the sister's son of accused Raghuvansh Narayan Singh. Accused Smt. Prabha Devi is the wife of accused Dr. Sita Ram Singh while Smt. Jaya Singh and Smt. Savitri Shahi are the married sisters o...
Surendra Kumar Srivastava Vs. State of U.P.
Court: Allahabad
Decided on: Dec-12-2007
Reported in: [2008(116)FLR799]
Pradeep Kant and Rajiv Sharma, JJ.1. Heard Mr. Shireesh Kumar, learned Counsel for the petitioner and Mr. Ashok Shukla, learned Standing Counsel.With the consent of learned Counsel for the parties, the writ petition is being disposed of at the admission, stage itself.2. The petitioner has approached the Court for the second time against the order of suspension dated 1.9.2006. His first approach was at Allahabad, where the Division Bench did not intervene in the order of suspension and observed that the enquiry be concluded, preferably, within a period of one month from the date of giving a reply to the charge-sheet and now he has approached this Court at Lucknow again challenging the order of suspension on the ground that the time period fixed for the enquiry has expired, but the enquiry has yet not been completed and the State Government did not pass final orders, despite the enquiry report being submitted on 16.6.2007, to which the petitioner submitted his reply long back.3. The anxi...
Shri K.L. Malhotra Son of Late Shri Kundan Lal Malhotra Vs. the V Addi ...
Court: Allahabad
Decided on: Dec-11-2007
Reported in: 2008(1)AWC934
S.U. Khan, J.1. The first writ petition filed by landlord arises out of eviction/release proceedings initiated by him against tenant-respondent No. 3 Mukesh Kumar Goel on the ground of bonafide need under 21 of U.P. Act No. 13 of 1972 before Prescribed authority/Civil Judge, Ghaziabad in the form of P.A. Case No. 64 of 1987. Property in dispute is residential in nature situate on ground floor containing three rooms, two verandas, kitchen, court yard, bath room and latrine. Out of three rooms one room is quite big 17 feet x 14 feet. Petitioner stated that he was employed in Madhya Pradesh and retired on 31.7.198, thereafter he shifted to Ghaziabad and was residing on the first floor which contained only two verandas. Petitioner's family at the time of filing of the release application consisted of himself, his wife and two sons. (Petitioner's daughter had been married by then).The Prescribed authority allowed the release application in part through judgment and order dated 17.2.1990. Pr...
Union of India (Uoi) Through General Manager, North Eastern Railway an ...
Court: Allahabad
Decided on: Dec-11-2007
Reported in: [2008(116)FLR210]; (2008)IILLJ55All
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.By order dated 5.11.2007 Sri Lalji Sinha, counsel for the petitioners wanted to confirm whether the decree has been executed for non-compliance of the order or whether the amount has been deposited and prayed that the matter be heard on the next date. On his request the matter has been listed today. The order dated 5.11.2007 is as under:Heard.The respondent workman was working as driver in the North East Railway. He was suspended for certain misconduct on 16.1.1966 and subsequently removed from service. A suit was filed by him challenging the order of removal, which was decreed by Additional District Judge by order dated 25.4.1979.It appears that the petitioner had filed a application dated 7.4.1980 before the authority appointed under the Payment of Wages Act under Section 15 of the Act claiming Rs. 16,000/- as wages with direction to respondents to pay Rs. 80,066.10 p. and Rs. 16333.70 p. as compensation which w...
Smt. Shankuntala Devi Rathod Wife of Sri Gopal Singh Rathod Vs. Smt. R ...
Court: Allahabad
Decided on: Dec-11-2007
Reported in: 2008(1)AWC931
S.U. Khan, J.1. Heard learned Counsel for the parties.2.1 This is Landlady's writ petition arising out of eviction / release proceedings initiated by her against tenants-respondents on the ground of bonafide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) act, 1972 (hereinafter referred to as the ' Act'). The release application was registered as P.A. Case No. 47 of 203 on the file of Prescribed Authority / J.S.C.C. Jhansi. Property in dispute is a shop, rent of which is Rs. 90/- per month. Landlady pleaded that she had four sons, out of whom two were doing business of readymade garments and she required the shop in dispute for settling the other two sons i.e. Sri Sanjeev Singh and Sri Surjeet Singh. Initially late Sri Kishen Chandra Lekhadhari was the tenant of the shop in dispute. After his death the respondents inherited the tenancy. Release application was allowed on 01.12.2005. Against the said judgment and order tenants filed R.C. Appeal N...
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