Allahabad Court March 2007 Judgments
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Dr. Lalit Varma S/O Late M.P. Varma as Karta of Lalit Varma Huf Commis ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(3)AWC3136
1. Heard above noted learned Counsel representing respective parties. Back ground-2. Dr. Lalit Verma, as Karta of 'Lalit Verma HUF (the petitioner) filed this writ petition on the plea that NOIDA (New Okhla Industrial Development Authority) allotted residential plot No. D-20 Sector-51, NOIDA (Area 450 Sq.Mts.) in favour of one Kunwar Pal, who transferred it to the petitioner with the consent of NOIDA as per Transfer Memorandum dated 26.7.2002 executed by NOIDA (Annexure No. 1 to the writ petition) and NOIDA also issued allotment order on 28.12.2004 in favour of the petitioner.3. Relevant extract of the Transfer Memorandum is quoted below for convenience:TRANSFER MEMORANDUMSubject:- Transfer permission in respect of Residential plot No. D-20, Sector 51 NOIDA Complex:Plot No. D-20, Sector-51, NOIDA allotted to Shri Kanwar Pal S/O Lalu R/O village Hoshiarpur P.O. Sarafabad, NOIDA, henceforth is transferred in favour of of Shri Lalit Varma S/0 Shri M.P. Varma R/o C-11, Rana Pratap Bagh, De...
Smt. Manjula Devi Widow of Awadhesh Kumar Mishra, Vs. Commercial Motor ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2008ACJ1624; AIR2007All122; 2007(2)AWC2050
V.M. Sahai and Sabhajeet Yadav, JJ. 1. This appeal has been filed by the widow, son and mother of the deceased Awadhesh Kumar Mishra claiming compensation Rs. 11,40,000/- for the death of Awadhesh Kumar Mishra in an accident that took place on 23.1.1994 while Awadhesh Kumar Mishra driver along with his co-driver and the cleaner was proceeding on truck No. UP 78B/0449 on 23.1.1994 at about 12.30 P.M. from Fatehpur to Kanpur via G.T. Road. The deceased Awadhesh Kumar Mishra was driving the truck. As soon as the truck reached in front of Chauhan hotel situated at G.T. Road, some mischievous and unruly boys who were standing by the side of the hotel gave signal to stop the truck. The deceased driver declined to stop the truck which infuriated the aforesaid boys and they started pelting brick-bats at the vehicle. The brick-bats hit Awadhesh Kumar Mishra over his eyes, as a result of which the vehicle was dis-balanced and fell into a ditch and dashed against a Babool tree lying on the side o...
Smt. Madhu Bala Bharti W/O Gomti Prasad Bharti Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(3)AWC2310
R.P. Misra and Shishir Kumar, JJ.1. The present writ petition has been filed for quashing the order dated 19.10.2001 (Annexure 1 to the writ petition) and a writ of mandamus directing the respondents not to recover the disputed amount on the basis of citation (Annexure 1 to the writ petition).2. The facts arising out of the present writ petition is that the petitioner was elected as a President of Nagar Panchayat Roza, District Shahjahanpur, which is known as Railway Settlement Nagar Panchayat Roza District Sahajahanpur. The petitioner took oath on 1.12.1995 and remained president of Nagar Panchayat Roza till November, 2000 and during his tenure as President the petitioner was authorised to appoint employees in Nagar Panchyat under the provision of United Provinces Municipalities Act, 1916, under Section 70 of the act which provides that in case of emergency, the petitioner can appoint temporary servants subject to the conditions given in Section 70 of the U.P. Municipalities Act. The ...
Allahabad Development Authority Through Its Vice Chairman Vs. Asfaque ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(3)AWC2388
R.P. Misra and Shishir Kumar, JJ.1. The Allahabad Development Authority through its Secretary (defendant -appellant) here-in-after referred called ADA has filed the above First Appeal under Section 54 of the Land Acquisition Act (called the Act) against impugned judgement and compensation awarded dated 30.4.1991 passed by Vth Additional District Judge, Allahabad in Land Acquisition Case No. 18 of 1989 in Land Acquisition Reference No. 219 of 1989 (Ekhlaque Hussain v. State of U.P. through Collector and Ors.) whereby the court below has enhanced the compensation and fixed a rate of Rs. 150 per square meter and also additional compensation under Section 23(1-A) of the Act with 12% market value along with 9% annum interest on the enhanced compensation amount with effect from the date of taking possession till its actual payment and interest at the rate of 15% in case the compensation amount is not deposited within a period of one year i.e. Up to 25.11.1988.2. The detail of the land in que...
Rajendra Prasad and ors. Vs. Engineer-in-chief, P.W.D. and ors.
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(4)AWC3643
Bharati Sapru, J.1. Heard learned Counsel for the petitioners Ms. Sunlta Agarwal, learned standing counsel appearing on behalf of the respondents No. 2 to 7 and Sri V.K. Singh appearing on behalf of respondents No. 8 to 18.2. There are five petitioners in the present petition who have challenged the orders dated 1.1.1998 and 8.6.1999 passed by the Chief Engineer, P.W.D. Lucknow and consequent order passed by the Superintendenting Engineer, Gorakhpur Circle, P.W.D. on 31.8.1999 and the last order dated 8.9.2006 passed by the Superintendenting Engineer, Gorakhpur Circle, P.W.D., Gorakhpur.3. By the orders dated 1.1.1998, 8.6.1999 and 31.8.1999, respondents No. 8 to 18 who were work charged cleaners were promoted as work charged drivers. By the order dated 8.9.2006, respondents No. 8 to 18 who were working as work charged drivers have been regularized to the post of regular drivers.4. The facts of the case are that the petitioners No. 1 to 5 were appointed as regular cleaners in the regul...
Firoz Khan Son of Baboo Khan Vs. State of U.P. Through Principal Secre ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: [2007(113)FLR616]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioners were working on contract basis. Their services have been terminated vide impugned order dated 31.10.2006 on the ground that they were appointed on contract basis. Subsequently it appears that an advertisement dated 16.1.2007 for appointments of Clerks-cum-Typist, Computer Operator, Lineman, Drivers and Class IV Staff on contract basis were issued by Nagar Palika Parishad, Charkhari, Mahoba as their services were again required for doing the same work which the petitioners had earlier done. The petitioners allege to have applied for their appointment in pursuance of the said advertisement dated 16.1.2007, but the respondents are reluctant to appoint the petitioners again.3. The learned Counsel for the petitioners states that the impugned order terminating the services of the petitioners is mala fide, arbitrary and illegal in order to deny regularisation of their services as they allege to...
Krishna Pal Singh S/O Sri Devi Dayal Singh Vs. State of U.P. Through S ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: [2007(113)FLR658]
Vineet Saran, J.1. The petitioner retired from the post of Lab Technician on 31.3.2001. Although the petitioner had completed all the formalities with regard to payment of his retiral benefits but the respondents have declined to pay the same and passed the order dated 17.11.2005 directing recovery of certain amount from the petitioner towards certain excess payment made to him from the year 1975 to 2001. Aggrieved by the aforesaid order, the petitioner has filed this writ petition with the prayer that the respondents be directed to pay his retiral benefits alongwith interest.2. I have heard Sri P.R. Maurya, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings between the parties have been exchanged and with consent of learned Counsel for the parties, this writ petition is being disposed of at this stage.3. It is not the case of the respondents that excess payment or payment of higher pay scale to the petitioner was caused on a...
Bhagwan Das Son of Shri Bilasi Ram Vs. State of U.P. Through the Secre ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: 2007(3)AWC2632
Sudhir Agarwal, J.1. Heard Sri K.K. Dubey learned Counsel for the petitioner and learned Standing Counsel.2. Since the petitioner has raised a legal issue, though the respondents have not filed any counter affidavit despite opportunity, learned Counsel for the parties agrees for final disposal of the matter at this stage under the Rules of the Court.3. A chargesheet was issued to the petitioner and after holding departmental inquiry, the punishment order was passed on 17.2.2005 by the Sub Divisional Magistrate, Jhansi, holding charges No. 1,2,4,5 and 6 wholly proved and charge No. 3 partly proved and on the basis thereof punishment of compulsory retirement was imposed on the petitioner. Sri Dubey, learned Counsel for the petitioner submitted that once the charges are proved, the punishment provided under the Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as '1999 Rules') can only be awarded and the compulsory retirement is not one of the punishments pro...
Surya Bhan Son of Ram Kumar Yadav Vs. State of U.P. Through Secretary ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: 2007CriLJ2230
M.K. Mittal, J.1. This writ petition has been received in this Court by nomination.2. The writ petition has been filed with the prayer to quash the impugned order dated 6th December, 2006 passed by the Incharge Sessions Judge, Allahabad in Criminal Revision No. 876 of 2006 whereby the revision has been dismissed in limine and order dated 10th October 2006 passed by the Additional Chief Judicial Magistrate, Court No. 2, Allahabad in Criminal Case No. 99/XII of 2006 (Deepak Kumar Singh v. Dilip Agrahari and Ors.) [Annexures-1 and 2], whereby the final report No. 36 of 2006 has been rejected and the protest petition dated 17.6.2006 filed by respondent No. 2 has been accepted and the accused have been directed to be summoned under Section 190(1)(b) of Cr.P.C.3. Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Roshan Khan for the petitioner, Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Udai Chandani for respondent No. 2, learned A.G.A. and perused the materi...
Sant Ram Son of Late Sundar Vs. Food Corporation of India Through Its ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: [2007(113)FLR609]
Rakesh Tiwari, J. 1. Heard Sri Chandra Bhan Gupta, counsel for the petitioner, Sri S.P. Srivastava, counsel for the respondents and perused the record.2. Father of the petitioner died in harness during the course of employment on 25.2.1997. An application was made by the petitioner for appointment on compassionate ground. He appeared before the Committee on 17.1.2000. It appears that his application for compassionate appointment was rejected vide order dated 22.8.2003. The petitioner, thereafter raked up the matter through Union leader in 2006. 3. It also appears from letter dated 3/5.6.2006 communicated to the petitioner at his permanent home address of district Sultanpur that he was informed by the decision that his application has been rejected on the ground that he filed the application beyond prescribed period of limitation. As per circular letter dated 2.2.1997, period of limitation for moving application for appointment on compassionate ground is six months from the date of deat...
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