Allahabad Court April 2007 Judgments
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Agra Development Authority Through Its Vice-chairman and ors. Vs. Shei ...
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(3)ARBLR1(All); 2007(3)AWC2371
Amitava Lala, J.1. These are the appeals under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act, 1940') arising out of the order(s) passed by the learned IInd Additional Civil Judge (Junior Division), Agra on 19th February, 1996 in Arbitration Petition Nos. 499 and 500 of 1995-Sheikhein International v. Agra Development Authority, Agra and Ors. Since both the appeals are similarly placed and connected with each other, the same are heard analogously and decided by this solitary judgment.2. The sole issue in the aforesaid appeals is that without giving adequate opportunity to the appellants the learned judge appointed an arbitrator, thereby the orders impugned passed by the learned court below are wholly without jurisdiction and are liable to be set aside. In this context the appellant relied upon Clause 30 of the contract, which provided an arbitration clause as follows:30. In case any dispute or difference shall arise between the Agra Development Authority an...
Rampal Singh Mukhtar Ahmed Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(78)AWC2424
Amitava Lala, J.1. This appeal arises out of a decision of the arbitral Tribunal dated 21st December, 2004.2. By an order dated 22nd April, 2004 Hon'ble Mr. Justice Tarun Chatterjee, the then Hon'ble Chief Justice of the High Court of Judicature at Allahabad, was pleased to appoint Hon'ble Mr. Justice Anil Kumar Sen, former Chief Justice of High Court at Calcutta, as an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') to adjudicate upon the dispute under reference.3. According to Mr. Anil Sharma, learned Counsel appearing for the appellant, the learned Arbitrator entered into the reference. Both the parties, i.e., the appellant and State respondent had submitted to his Jurisdiction. Even thereafter State had raised a dispute before the Arbitrator about the competency of the reference and his jurisdiction to be appointed as Arbitrator. The State had moved an application relying upon Clauses 34 and 44 of the agreement to ...
Rakshpal Singh Son of Suba Singh Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(3)AWC2789
Krishna Murari, J.1. Heard Sri Abhishek Kumar holding brief of Sri Girish Kumar Singh, learned Counsel for the petitioner and learned Standing Counsel.2. Though the case has been taken up in the revised list no one has appeared on behalf of the respondents.3. The facts giving rise to the present dispute lie in a very narrow compass. Petitioner filed a suit under Section 229-B of U.P.Z.A. & L.R. Act (for short 'the Act') against the Gaon Sabha and State of U.P. seeking a declaration that he being an unauthorized occupant of the land in dispute since 15.6.1959 has perfected rights under Section 210 of the Act. The trial court dismissed the suit on the ground that in view of the amendment made in Section 210 of the Act by U.P. Land Laws Amendment Act, 1976 being U.P. Act 35 of 1976 with retrospective effect, the petitioner cannot perfect his right over the Gaon Sabha land. Appeal filed by the petitioner was also dismissed by the appellate court on the ground that the petitioner has failed...
Pawan Kumar Gupta and anr. Vs. Mohammad Shakir and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: AIR2007All156
ORDERKrishna Murari, J.1. Heard Sri Y.K. Sinha, learned Counsel for the petitioners, Sri R.K. Pandey, learned Counsel appearing for contesting respondent No. 2 and learned Standing Counsel;2. Challenge in this petition has been made to the order dated 7-9-2004 passed by Civil Judge (Senior Division), Ghaziabad impounding the document/letter of possession produced by the petitioners in evidence.3. Facts are that respondent No. 1 entered into an agreement for sale of the property in question in favour of the petitioners for a consideration of Rs. 12,85,000/-. A registered agreement to sell was executed on 21-6-2003 under the terms of which respondent No. 1 received a sum of Rs. 1,85,000/- as part payment. A sum of Rs. 51,500/- was paid as stamp duty. It was agreed between the parties that the balance amount of sale consideration would be paid at the time of execution of sale deed and the possession of the property in question shall also be delivered at that time. Subsequently, respondent...
Shauib Siddiqui Son of Late Ashfaq Ahmad, Assistant Teacher Fazl-ur-ra ...
Court: Allahabad
Decided on: Apr-06-2007
Reported in: [2007(113)FLR870]
Arun Tandon, J.1. These two writ petitions pertains to the same institution and practically involve same issues of facts and law, therefore, are being decided by a common judgment.2. Fazulur Rehman Islamia Inter College, Bareilly is a minority institution duly recognized as such under Intermediate Education Act. The provision of U.P. High School and Intermediate Colleges (Payment of salary) Act, 1971 are applicable to the teachers and staff of the said institution.3. Shauib Siddiqui, petitioner in Writ Petition No. 67656 of 2005 seeks a writ of mandamus commanding the respondents to promote the petitioner on the post of lecturer in the subject of English. The vacancy is stated to have been caused on 30-6-1997. From the record it is established that the vacancy caused on 30-6-1997 with the retirement of Sri T.A. Khan, was within 50% reserved for promotion. The claim of the petitioner for such promotion was not considered in view of the promotion said to be granted in favour of one Sri S...
Ram Narayan Tiwari S/O Late Ganpat Tiwari Vs. Union of India (Uoi) Thr ...
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2008(2)SLJ29(NULL)
B.S. Chauhan and Ran Vijai Singh, JJ.1. This Special Appeal has been preferred against the impugned judgment and order of the learned Single Judge dated 26/7/2000 by which the writ petition filed by the petitioner-appellant against the order of his dismissal from service has been dismissed.2. Facts and circumstances giving rise to this case are that the petitioner -appellant while serving as Corporal (Indian Air Force-Police Wing) was served charge-sheet dated 20/3/1980 containing three charges namely;1. Committed carnal intercourse against the order of nature with Sanjay Kumar minor on 15/3/1980;2. Consumed 'Ganja' while on duty on the same date; and3. Left his place of duty for half an hour and the room remained unattended.3. After considering the matter, another amended charge-sheet dated 15/7/1980 was served upon him, wherein two charges i.e. Consuming Ganja while on duty and remaining absent from duty were dropped. First charge remained intact and another charge was added, i.e. 'h...
National Insurance Company Ltd. Vs. Smt. Indira Srivastava and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(3)AWC2605; 2008AIRSCW143; 2008ACJ614; 2007(14)SCALE461; 2008(2)SCC763; (2008)1SCC(Cri)550; 2008(2)CivilLJ583; 2008(1)LH(SC)80; 2008(4)KCCRSN244
1. These two appeals filed under Section 173 of the Motor Vehicles Act, 1988, are against the judgment and award dated 14.2.2001, passed by the learned IInd Additional District Judge, Lucknow/Motor Accident Claims Tribunal in Claim Petition No. 324 of 1997, Smt. Indira Srivastava and Ors. v. Doodh Nath and Ors. whereby the learned Tribunal awarded a sum of Rs. 20,00,000 as compensation to the claimants Smt. Indira Srivastava, Km. Reshma Srivastava, Km. Ritika Srivastava and Master Rohit Srivastava, wife and children of deceased R.K. Srivastava, who died due to injuries which he sustained in the accident which took place on Ashok Marg, Lucknow on 27.9.1997 at 1.25 a.m. when he was travelling by autoriksha within the circle of Police Station Hajratganj, Lucknow.2. F.A.F.O. No. 171 of 2001 has been filed by the appellant National Insurance Company Ltd., Lucknow to set aside the aforesaid judgment and award dated 14.2.2001 and to pass such other order which this Court may deem fit and F.A....
Nand Kishore Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(3)AWC2982
Prakash Krishna, J.1. This is tenant/s petition. It arises out of an application filed by the landlady respondents for release of the disputed shop which is situate in a room of house No. 127 Naya Meerapatti, Allahabad. The petitioner is carrying on the business of self dynamo and battery at monthly rent of Rs. 250. Smt. Chandra Prabha Devi (since deceased), the landlady of the premises filed a release application of the shop for the bona fide need of her two unemployed sons Ashok Kumar and Manoj Kumar. The said shop is situate on main G.T. Road. It was stated in the release application that the landlady alongwith her family which consists of five married couples is residing in two rooms accommodation of the same building behind the disputed shop. She pleaded that she will get a shop of motor parts opened in the disputed shop so that her two sons Ashok Kumar and Manoj Kumar may earn their livelihood and settle in the life. A written statement by way of reply was filed by the petitioner...
Punwasi (D) Through L.Rs. Vs. Deputy Director of Consolidation and ors ...
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(3)AWC2999
Krishna Murari, J.1. Heard Sri S. C. Verma, learned Counsel for petitioner and Sri J. A. Azami appearing for contesting respondents.2. Dispute relates to plot No. 78 area 4.045 acres, plot No. 68 area 0.145 acres and plot No. 2 area 1.500 acres (old No. 74/4, 86/1 and 27/1 respectively) situate in Village Achalbhiti, Pargana Nizamabad, district Azamgarh.3. Facts as they emerge out from the pleadings of the parties are that during the first consolidation operation, an objection under Section 8 of U. P. Consolidation of Holdings Act (for short the 'Act') was filed by petitioner and his real brother Nepu claiming that they were in possession ' over the disputed plots much before the date of vesting and the same are wrongly recorded in Khata of Gaon Sabha and they are entitled to be recorded as 'sirdar' of land in dispute. During the pendency of the proceedings, Nepu, brother of petitioner, gave his consent before the Consolidation Officer for his share to be recorded in the name of petiti...
Virendra Kujar Vs. Hon'ble Allahabad High Court of Judicature and Ors. ...
Court: Allahabad
Decided on: Apr-06-2007
Reported in: 2007(4)AWC3546
Jagdish Bhalla, K.S. Rakhra and D.V. Sharma, JJ.1. This writ petition relates to a controversy arising out of recruitment process commenced by the District Judge, Barabanki for making certain recruitments in Class III and Class IV categories in his Judgeship.2. An advertisement for such recruitment was issued on 30.7.2004 and the selection process was completed and a select list was declared on 4.11.2004 and 5.11.2004 for Class IV and Class III categories.3. The aforesaid selection was challenged through several writ petitions which were decided by a common judgment in Writ Petition No. 7021 (S/S) of 2004, Dinesh Kumar v. State of U.P. and Ors. This judgment came on 19.1.2006 and Hon'ble single Judge found that the selection process was not conducted according to rules and it was also vitiated by malpractices and favouritism etc. In this selection, the appointment for the post of Stenographers and Drivers was also included. Strictures were passed against the then District Judge, Baraba...
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