Allahabad Court February 2007 Judgments
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Smt. Sheela Devi Wife of Late Sanjai Kumar Gupta Vs. Managing Director ...
Court: Allahabad
Decided on: Feb-21-2007
Reported in: [2007(113)FLR329]
D.P. Singh, J.1. Heard counsel for the petitioner and Sri Vivek Ratan for the respondent-bank and perused the records of both the writ petitions.2. This petition is directed against an order dated 3.5.2005 by which the claim for compassionate appointment has been rejected.3. The husband of the petitioner was working as Clerk/Typist in the Union Bank of India and posted at Ballia. He died in harness on 22.3.1999 and the petitioner moved an application alongwith relevant documents seeking compassionate appointment on 10.4.1999. By an order dated 19.2.2000 the claim was rejected on the ground that the husband of the petitioner had not completed ten years of service in the respondent-bank and as such she was not entitled for compassionate appointment. This was subjected to challenge in writ petition No. 43349 of 2003 and after exchange of pleadings the said writ petition was allowed by a reasoned order on 3.3.2005 holding that under the scheme there was no such limitation and as such it re...
Rimjhim Ispat Ltd. Through Its Director Sri Kshitiz Agarwal Vs. the Co ...
Court: Allahabad
Decided on: Feb-21-2007
Reported in: (2007)210CTR(All)499
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India the petitioner, M/s Rimjhim Ispat Ltd., Kanpur seeks the following reliefs:(i) issue a writ order or direction in the nature of certiorari quashing the impugned order of transfer of cases of the petitioner from Kanpur to New Delhi dated 4.1.2007 (Annexure VII to this writ petition) passed by respondent No. 1;(ii) issue a writ order or direction in the nature of mandamus restraining respondent No. 2 from proceeding with the case in pursuance of the order dated 4.1.2007 (Annexure VII to this writ petition);(iii) issue any other suitable writ, order or direction in the nature of writ as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case; and(iv) award costs of this petition to the humble petitioner throughout.2. Briefly stated the facts giving rise to the present writ petition are as follows:According to the petitioner it is engaged in manufacture of ...
Sanjay Kumar Katyal Vs. Smt. Kamlesh Gupta and anr.
Court: Allahabad
Decided on: Feb-21-2007
Reported in: 2007(3)AWC2676
S.P. Mehrotra, J.1. Pursuant to the order dated 14.2.2007, the case is listed today in the Cause List of Court No. 7. By the order of the Hon'ble The Acting Chief Justice, the case has been transferred to this Court.2. On mention made by Shri A. B. Saran, learned senior counsel appearing for the petitioner, the case has been taken-up today.3. It appears that an application under Section 21(1)(a) of the Act No. XIII of 1972 (in short 'the Act') was filed by the respondent No. 1 against the petitioner in regard to a shop, the details whereof are given in the release application, copy whereof has been filed as Annexure-1 to the writ petition. The said shop has hereinafter been referred to as 'the disputed shop'.4. The said release application was registered as P.A. Case No. 41 of 2006.5. It further appears that the following three applications were filed on behalf of the petitioner in the said P.A. Case No. 41 of 2006:1. Application No. 27C, inter alia, praying for permission to cross-exa...
Smt. Veena Agarwal Vs. Unjha Ayurvedic Pharmacy and ors.
Court: Allahabad
Decided on: Feb-21-2007
Reported in: 2007(3)AWC2687
Amitava Lala, J.1. This appeal is arising out of an order passed rejecting the application under Order IX, Rule 13 of Code of Civil Procedure. The plea of the appellant herein that the decree, which has been passed on 17th May, 2006 is ex parte so far the appellant is concerned. Even on a cursory look of the fact we find that the appellant, the respondent No. 4 were the intending sellers of the property in question. So for as the respondent No. 4 is concerned, the decree is not ex parte.2. Learned Counsel appearing on behalf of the appellant took the plea that Mr. H.S. Mathur, learned advocate was appearing as counsel for the defendant/appellant in the court below. Mr. Devendra Vajpayee, learned advocate was engaged as counsel by the appellant on 29th April, 2005. At the time of transfer of the case from one court to another, no notice was served upon him, which ultimately resulted in passing an ex parte decree so far the appellant is concerned.3. From the order-sheet dated 8th Decembe...
Amardeep and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Feb-21-2007
Reported in: 2007(3)AWC3119
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record2. This writ petition has been filed against the order dated 26.10.2006, passed by the District Judge, Lalitpur.3. It appears that late Sri Jhaggey Ram son of late Sri Khinde Rajak executed a registered Will deed on 17.11.2001 through which it is claimed that he had given rights to the petitioners with regard to his agricultural land and the cash deposited in the State Bank of India, main branch, Lalitpur as well as main Branch of Punjab National Bank at Lalitpur. Sri Jhaggey Ram died on 6.12.2001. He was the grandfather of the petitioners and father of respondent No. 3. It is stated that as the petitioners had looked after him in his last days out of affection the grandfather Sri Jhaggey Ram had executed the aforesaid Will in favour of the petitioners.4. It also appears from the record that on the basis of the aforesaid Will the petitioner filed Succession Case No. 34 of 2002, Amardeep v. Sohan Lal, under Section ...
Commissioner, Trade Tax Vs. Arihant Traders
Court: Allahabad
Decided on: Feb-21-2007
Reported in: (2009)21VST391(All)
Rajesh 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 February 6, 1999 relating to the assessment year, 1996-97, by which the Tribunal has confirmed the order of the first appellate authority deleting the penalty under Section 13A(4) of the Act.2. Brief facts of the case are that on the inspection of the vehicle loaded with 211 bags supari by the Trade Tax Officer (SIB), Jhansi on March 14, 1997 bill No. 26, dated March 12, 1997, builty No. 142, dated March 12, 1997 of Shriram Transport Corporation, Lalitpur and letter dated March 12, 1997 was available. Detention notice No. 275 dated March 13, 1997 was issued. Dealer was asked to appear along with the books of account. It appears that adjournments were sought and books of account were not produced, as a result of which goods were seized and the security was demanded. Goods were subsequently released. In pursuance ...
Ram Bahadur Yadav S/O Late Parmanand Yadav Vs. U.P. Co-operative Union ...
Court: Allahabad
Decided on: Feb-20-2007
Reported in: [2007(113)FLR736]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been directed against the order dated 21.9.2006 passed by the Managing Director, U.P. Co-operative Union Ltd., Lucknow (respondent No. 2), whereby the petitioner has been transferred to the regional office of the respondents at Saharanpur from the district committee at Mau.3. Learned Counsel for the petitioner has placed on record the recommendations made by the local M.L.A. who happens to be the Minister of the co-operative department. In the recommendations the Minister has recommended for the transfer of the petitioner on the basis of certain charges.4. The learned Counsel has argued that the transfer order is without jurisdiction and is not a legal order in the eye of law as the same has been passed at the behest of the Minister on the basis of certain charges. According to him the order is in the nature of punishment and having been passed without conducting any enquiry.5. Fr...
U.P. State Road Transport Corporation Through Its Regional Manager Vs. ...
Court: Allahabad
Decided on: Feb-20-2007
Reported in: [2007(113)FLR622]
Tarun Agarwala, J.1. Heard Sri Sheshadri Trivedi, the learned Counsel for the petitioner and Sri K.S. Rathore, the learned Counsel for the workman, respondent No. 1.2. By means of this writ petition, the petitioner has challenged the validity and legality of the award passed by the Labour Court in Adjudication Case No. 36 of 1999. The reference made under Section 4-K of the U.P. Industrial Disputes Act is whether the employers were justified in terminating the services of the workman w.e.f. 5.5.1994 and, if so, to what relief was the workman entitled to. It is relevant to state here that the order of termination was passed in the year 1994. The reference was made by the State Government by an order dated 17.1.1999.3. The facts leading to the impugned award is, that an advertisement was issued by the petitioner Corporation in a newspaper on 3.3.1993 for filling up 50 posts of drivers. The advertisement indicated that the posts would be filled up from the candidates belonging to Schedule...
Mohd. Abulas Khan S/O Late Sri Jan Khan Vs. State of U.P. Through A.C. ...
Court: Allahabad
Decided on: Feb-20-2007
Reported in: III(2008)BC281
R.K. Rastogi, J.1. This is an application under Section 482 Cr. P. C. for quashing the proceeding of complaint case No. 691 of 2006, Smt. Fatima Tasneem v. Mohd. Abulas Khan pending in the court of A.C.J.M Court No. 3, Allahabad.2. The facts relevant for disposal of this application are that the criminal complaint case No 691 of 2006 against the accused applicant is pending in the court of A.C.J.M. Court No. 3 Allahabad. On 2.12.06 it was noticed that the disputed original Cheque No. 664740 which was ordered to be kept on 4.9.06 in a sealed cover was not available on the file and therefore the Office/Reader was directed to attach that disputed original Cheque kept in a sealed cover in the file of the case. The case was directed to be put on 14.12.06 for evidence. On 14.12.06 it had been noted on the order sheet that a report had been given by the Reader regarding that Cheque but no report was received from the office and so the case was directed to be put up on 6.1.07. On that date, it...
Regional Manager, U.P. State Road Transport Corporation and Managing D ...
Court: Allahabad
Decided on: Feb-20-2007
Reported in: [2007(113)FLR325]
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against award dated 5.11.1998 given by Presiding Officer, Labour Court (IV), Kanpur in Adjudication case No. 29 of 1998. The matter which was referred to the Labour court was to the effect that as to whether the action of petitioner employer terminating the services of its workman Mohan Lal - respondent No. 1 through order dated 11.9.1996 was proper and valid or not.3. Mohan Lal was conductor. His services were terminated on 11.9.1996 after full fledged domestic enquiry. The labour court clearly held that the domestic enquiry was fair. The allegation against respondent No. 1 was that on 8.5.1994 he was found carrying passengers without ticket during surprise checking. The further allegation against respondent No. 1 was that at the time of checking respondent No. 1 did not open the passengers' gate and ran away from the driver's window and on the basis of inspection alongwith police help it was found...
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