Allahabad Court February 2007 Judgments
Lakhan Lal Yadav S/O Sri Dina Nath Vs. Bharat Heavy Electricals Limite ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: [2007(113)FLR866]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. It appears from the impugned order dated 3.2.2007 that the petitioner moved the authority concerned vide letters dated 23.1.2007 and 27.1.2007 disputing his date of birth as 25.8.1951 in place of 8.4.1947. The impugned order dated 3.2.2007 has been passed in reply to the aforesaid letters in which it has been averred that after perusal of the personal file and the records of the petitioner his contention in the aforesaid two letters dated 23.1.2007 and 27.1.2007 is not correct. According to the service record the date of birth of the petitioner is 8.4.1947. It has further been averred in the aforesaid order dated 3.2.2007 that the petitioner has joined his services on 5.5.1977 and he submitted a declaration form on 25.7.1978 in which he has declared his date of birth as 8.4.1947 on the basis of Birth and Death Register maintained by the Gram Panchayat, Khelar.3. It also appears from perusal of the impugned orde...
Tag this Judgment!Zubaida Khatoon Siddiqui Wife of Late H.M. Siddiqui Vs. Chairman, Indi ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: [2007(114)FLR495]
Rakesh Tiwari, J.1.The petitioner was appointed as Aaya (sic) in 1980 on compassionate ground due to death of her husband who died on 13.1.1980 in harness. Before her appointment, she was medically examined by the Medical Superintendent, Women Hospital, Mathura before whom she declared that her age was 30 years. However, at the time of her appointment, date of birth recorded in her service book was 31.2.1947.2. Counsel for the petitioner contends that the petitioner being an illiterate lady, her date of birth was wrongly recorded as 31.3.1947 in her service book. Accordingly, she is to retire w.e.f. 31.3.2007 whereas according to her correct date of birth, she should retire w.e.f. 31.3.2010.3. The petitioner appears to have made representation to Dy. General Manager (H.R)/Director, Refinary Hospital, M.R. Nagar, Mathura for correction in her date of birth in accordance with medical certificate issued by Medical Superintendent, Women Hospital, Mathura.4. The medical certificate appended...
Tag this Judgment!Mohit Daniyal S/O Satish Daniyal and Satish Daniyal S/O Sri W.S. Daniy ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: 2007CriLJ2408
Barkat Ali Zaidi, J.1. On police report filed by police, the Magistrate has summoned the applicant under Section 323 I.P.C., and what brings the applicants to this application under Section 482 Cr.P.C.2. On the basis of a report by Opp. Party No. 2, which was entered as Chick report, the police investigated the case and submitted a charge-sheet before the Magistrate, pursuant to which, the Magistrate ordered issuance of summons.3. I have heard Sri Dharmendra Singhal assisted by Sri Vimlendu Tripathi, learned Counsel for the applicants and Sri R.K. Maurya, Addl. Government Advocate for State.4. The grouse of the applicants is that the Magistrate should have taken recourse to the procedure prescribed for dealing with complaints from Section 200 Cr.P.C. because in view of Section 2 Cr.P.C, the police report of a non-cognizable offence is to be treated as a complaint and the investigating officer as a complainant. Section 2(d) Cr.P.C. is as follows:'complaint' means any allegation made ora...
Tag this Judgment!Shiv Kumar Akela, Advocate S/O Late Shri R.D. Ram, Vs. the Registrar, ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: 2007(2)AWC2011
A.K. Yog, J.1. In the writ-petition before us, we are called upon, to deal with an issue which is both disturbing as well as vital to the 'Administration of Justice'.2. Petitioners are 'regular legal practioners' in High Court, Allahabad. One of them, Ms. Sadhna Upadhyaya, is the former Secretary of HCBA (HIGH COURT BAR ASSOCIATION ALLAHABAD), which is a Society registered under Societies Registration Act, 1860 (as amended in the State of U.P.). They are undisputedly members of Allahabad High Court 'BAR'. These 'Advocates'-on their behalf and on behalf of other 'Advocates', ordinarily practicing in High Court, Allahabad are aggrieved and complain of being asprived of their 'rights' and 'privileges' by none else but 'Advocates'-who are not ordinarily practicing in High Court, Allahabad and/or not in legal profession at all, for convenience-collectively referred to as 'NRA' (Non Resident Advocates). They have approached this Court aspiring for protection and expect the Court to save them...
Tag this Judgment!Madan Lal Gupta Son of Sri Thunthi Mal Vs. State of U.P. Through Its S ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: [2007(113)FLR505]; (2007)IIILLJ47All
Sudhir Agarwal, J. 1. Heard Sri Sudhir Dixit, learned Counsel for the petitioner, learned standing Counsel for respondents No. 1 and 2 and Sri G.D. Misra appearing for respondents No. 3 and 4.2. The petitioner was working as a Kshetriya Paryavekshak at Dugdh Sangh Parag Dairy, Sasni, Aligarh and attained his superannuation on 30th June 2003. He contends that he has not received post retiral benefits till date. No relief has been sought by the petitioner from respondents No. 1 and 2 since it has no connection with this matter. The petitioner has no relationship of employer and employee with respondents No. 1 and 2.3. A preliminary objection has been raised on behalf of the respondents No. 3 and 4 that Dugdh Sang Parag Dairy being a cooperative society is not a 'State' or 'State Instrumentality within the meaning of Article 12 of the Constitution of India and, therefore, the writ petition is not maintainable. Reliance is placed on the Apex Court judgment in General Manager, Kisan Sahkari...
Tag this Judgment!Dinesh Kumar Sisodiya S/O Late Durg Sah Vs. State of U.P., Through Hom ...
Court: Allahabad
Decided on: Feb-28-2007
Reported in: [2007(113)FLR733]
D.P. Singh, J.1. Heard learned Counsel for the petitioner and the learned Standing Counsel.2. This petition is directed against an order dated 8.5.2002 by which the services of the petitioner have been dispensed with.3. The facts as pleaded in the writ petition is that Shri Durg Sah, father of the petitioner was a Police Constable and he died in harness on 24.10.1985 while posted at District Mathura. He was survived by three sons excluding the petitioner and the widow mother. It is admitted in the pleadings that the two elder brothers Chandra Pal and Shanti Swaroop were employed as Police Constable. However, Chandra Pal resigned and joined the District Agriculture Department of the State. It is further averred that the petitioner applied for compassionate appointment and the Senior Superintendent of Police, Mathura vide his letter dated 19.9.1998 forwarded it to the Police Headquarters and subsequently the petitioner was appointed as a Police Constable on 6.9.2001 and thereafter was se...
Tag this Judgment!Shiv Nath Singh Son of Sri Kashi Ram Vs. Oriental Bank of Commerce, a ...
Court: Allahabad
Decided on: Feb-27-2007
Reported in: [2007(114)FLR493]
D.P. Singh, J.1. Heard counsel for the petitioner and Sri Krishna Mohan for the respondent-bank.2. This petition is directed against an order dated 9.8.2001 rejecting the claim of the petitioner for payment of pension and its communication dated 11.8.2001.3. The admitted facts are that the petitioner after retiring from the Army joined respondent-Bank as a Security Guard on the strength of appointment letter dated 4.11.1986. The Board of Directors of the Bank framed a scheme known as 'Oriental Bank of Commerce Employees Voluntary Retirement Scheme-2000' and gave option for voluntary retirement under the said scheme to its employees. The petitioner opted under the said scheme through application dated 22.12.2000 which was duly accepted with effect from 15.1.2001. The petitioner was granted all other benefits under the said scheme excluding pension, which claim has been rejected.4. The scheme provides for pension as under:OTHER BENEFITSAn employee seeking voluntary retirement under the s...
Tag this Judgment!Brahmawarta Commercial Co-operative Bank Ltd. Vs. Rajendra Kumar Dixit ...
Court: Allahabad
Decided on: Feb-27-2007
Reported in: 2007(78)AWC2428
S.P. Mehrotra, J.1. The present writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner, inter alia, praying for quashing the order dated 3.12.2003 (Annexure-3 to the writ petition).2. It appears that the petitioner, Brahmawarta Commercial Cooperative Bank Ltd., Kanpur, is registered under the provisions of the U.P. Cooperative Societies Act, 1965 (hereinafter also referred to as 'the Societies Act, 1965'), and is governed by the provisions of the said Act and the Rules framed thereunder and the bye-laws of the said Bank.3. It may be mentioned that the averments in this regard have been made in paragraph 3 of the writ petition. In paragraph 4 of the counter-affidavit, filed on behalf of the respondent No. 1 (Rajendra Kumar Dixit), it is stated that 'the contents of paragraph Nos. 3 of the writ petition are denied and reply of this contents will be at the time of hearing'.4. As only a vague denial of the averments made in paragraph 3 of the writ p...
Tag this Judgment!Ram Adhar Son of Piyar Vs. the State of U.P. Through Secretary, Indust ...
Court: Allahabad
Decided on: Feb-26-2007
Reported in: 2007(2)AWC1499
Tarun Agarwala, J.1. The District Magistrate, Kushi Nagar, issued a notice dated 19.1.2005 under Rule 72 of the U.P. Minor Minerals [Concession] Rules 1963 [hereinafter referred to as the Rules of 1963] inviting applications for grant of a mining lease. The petitioner applied for a mining lease of sand for plot No. 2, as indicated at serial No. 2 of the notice, which showed an area of 15 acres from Pipra to Chhitauni. The petitioner alleged that his application was complete in all aspects, as provided under Rule 6 of the Rules of 1963. It was also alleged that an enquiry was conducted by the District Officer and a report of the Mines Officer was also obtained. It is alleged that the report of the Mines Officer dated 16.3.2005 was incorrect and since, other complaints were made before the Commissioner, a fresh order was issued by the Commissioner, pursuant to which the Mines Officer, Gorakhpur submitted a fresh report indicating that the application of the petitioner was found to be com...
Tag this Judgment!Sharda Prasad Son of Kamta Prasad, Vs. State of Uttar Pradesh and Ram ...
Court: Allahabad
Decided on: Feb-26-2007
Reported in: I(2007)DMC644
Barkat Ali Zaidi, J.1. In this petition under Section 482 Cr.P.C., the applicant challenges the order of the Magistrate summoning the accused under Section 302 I.P.C. passed by the Munsif Magistrate, Banda.2. Heard Sri Manoj Kumar Srivastava, learned Counsel for the applicant and Sri R.K. Maurya, Addl. Government Advocate for the State.3. A married lady Bimla died in the house of her father-in-law in Quasba and Police Station Baberu District Banda on 21.4.1982. She died because of burn injuries. Initially a report about her death was lodged by her mother-in-law Smt. Sheo Kumari on the same date, stating therein that she put herself aflame because she was not being allowed to go to her father's house immediately as she desired. The investigating officer recorded the statement under Section 161 Cr.P.C. but all supported the theory of suicide by the lady herself and the investigating officer concluded, as he wanted, that it was a case of suicide and submitted a final report.4. The Magistr...
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