Allahabad Court April 2007 Judgments
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Hari Shanker Prasad (D) Through L.Rs. Vs. Iind Addl. District Judge an ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: 2007(78)AWC2218
S.U. Khan, J.1. Respondent No. 3 Bhawar Nath filed O.S. No. 281 of 1965 against original petitioner for recovery of Rs. 1,800 as damages for malicious prosecution. The suit was decreed for Rs. 1300. Decree holder filed application for execution of the decree which was registered as execution case No. 1 of 1970. Immovable property of the petitioner consisting of a three storied house containing 10 shops on the ground floor was sold in auction on 18.8.1982 for Rs. 36,000. It was the duty of the executing court to ascertain as to whether sale of part of the property could satisfy the decree by virtue of Order XXI, Rule 64, C.P.C vide Balakrishnan v. M. Konar : AIR2006SC1458 . Even sale of one shop would have satisfied the decree of Rs. 1,300. The property was purchased by the decree holder respondent No. 3 himself. It is stated that decree holder had obtained permission of the executing court for participating in auction proceedings. The sale was confirmed on 22.2.1983 and sale certificat...
Sandeep Kumar Son of Indra Pal Singh Vs. State Public Service Tribunal ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: [2007(113)FLR873]
V.M. Sahai and Shishir Kumar, JJ.1. The short question that arises for consideration in this writ petition is whether the expression 'other service benefits would include arrears of salary?2. The petitioner was appointed in U.P. Police force on 1.4.1992 as constable and after successful completion of training he was posted as Constable A.P. 30181 in XXIV Battalion P.A.C. Moradabad. He was deputed in the security duty at the Chief Minister's residence. In an incident that took place on 10/11.12.1994 in the night his service was terminated by the respondents. He filed Claim Petition No. 470 of 1995 before the U.P. State Public Service Tribunal, Lucknow. His claim petition was allowed on 30.3.1999 by the tribunal. By the order dated 17.7.1999 the respondent No. 2 reinstated the petitioner in service but did not pay arrears of salary to the petitioner from 21-12-1994 to 17-7-1999 the date his service was terminated till the date of his reinstatement in service on the ground that the tribun...
Raj Kumar S/O of Ram Chandra Bharti Vs. Union of India (Uoi) Through I ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: 2008(1)SLJ492(NULL)
Arun Tandon, J.1. Heard Sri Kshetresh Chandra Shukla, learned Counsel for the petitioner, Sri P.S. Baghel, learned Counsel for respondent Nos. 2 and 3, Sri Shailendra, learned Counsel for respondent No. 4 and Assistant Solicitor General of India for respondent No. 1.2. This petition, which was initially a simple writ petition for a writ of mandamus commanding the Ewing Christian College, Allahabad to offer compassionate appointment to the petitioner, stood converted into a writ petition raising serious legal issues, with regard to the status, Statutory provisions applicable to the Staffs of Ewing Christian College as well as Control exercised by the University of Allahabad over the said institution.3. Following issues require determination by the Court in view of the contentions raised on behalf of the parties:(i) Whether the Ewing Christian College continues to enjoy the Status of autonomous college after the enforcement of Act No. 26 of 2005 i.e. University of Allahabad Act, 2005 ( T...
Triveni Engineering and Industries Limited Through Its President A.K. ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: 2007(4)AWC3791; [2007(113)FLR1049]
Tarun Agarwala, J.1. By means of this petition, the petitioner has challenged the validity and legality of the award, passed by the Labour Court directing the petitioner to keep the workman in a surplus pool w.e.f. 1.1.1993 and to take work from him and also pay him back wages.2. The brief facts leading to the filing of the present writ petition is that the State Government referred a dispute to the Labour Court for adjudication. The terms of the reference order was-Whether the employers was justified in not giving work to the workman inspite of keeping him in the surplus pool as per the settlement dated 13.12.1984, if not, to what relief is the workman was entitled to?3. Before the Labour Court, the workman filed his written statement contending that a settlement was arrived at between the Union and the Management on 13.12.1984 which was duly registered under Section 6-B of the U.P. Industrial Disputes Act. In this settlement, the management was required to keep the workman in a surpl...
Uco Bank, a Body Incorporated Under the Banking Companies (Acquisition ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: [2007(113)FLR1059]
Tarun Agarwala, J.1. By means of this petition, the petitioners have challenged the validity and legality of the award passed by the Central Government Industrial Tribunal reinstating the respondent No. 2 with full back wages and with all consequential benefits attached with the post. The facts leading to the filing of the present writ petition is, that a dispute was referred to the tribunal for adjudication. The terms of the reference order was:Whether any employer employee relationship existed between the UCO Bank and Sri Rajesh Kumar Diwakar? If yes, whether the action of the management in terminating the services of the said workman w.e.f. 1.6.2001 is legal and justified? If not, to what relief is the workman entitled for?2. The workman in his written statement submitted that he was appointed by the bank on 7.12.1999 in its Armapore branch, Kanpur on the post of Driver on a consolidated wages @ 1800/- per month. The bank also provided a dress to the workman and was also given trave...
Union of India (Uoi) Through the Secretary, Ministry of Finance Vs. P. ...
Court: Allahabad
Decided on: Apr-02-2007
Reported in: I(2008)BC608
Sunil Ambwani, J.1. Heard Shri Subodh Kumar learned Counsel for petitioner-Union of India and Shri Arun Kumar for respondent- P.K. Pandey son of Shri Manager Pandey.2. The proceedings have been initiated under Section 45(11)(2) of the Banking Regulation Act, 1949 read with Section 543 of Companies Act, 1956 for recovery of Rs. 167.81 lakhs along with interest from the respondent-P.K. Pandey, the Ex-Director of the Kashinath Seth Bank (amalgamated with State Bank of India w.e.f. 1.1.1996) for negligence, misfeasance and breach of trust causing mismanagement and losses to the bank leading to its winding up and amalgamated with the State Bank of India, under a scheme prepared by Reserve Bank of India.3. A resolution thereof w.e.f. 1.1.1996, with which the Kashinath Seth Bank Limited stood wound up. Two years prior to this date, a moratorium was declared and the competent authority was directed to scrutinize the matter. It was found that the Bank had suffered losses on account of several a...
Commissioner, Trade Tax Vs. Mohan and Co.
Court: Allahabad
Decided on: Apr-02-2007
Reported in: (2009)20VST576(All)
Rajes 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 March 3, 2001 relating to the assessment year 1987-88.2.. At the instance of the Revenue following questions have been raised:A. Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal is legally justified to hold that the tarbuj seeds sold by the dealer were exempt under Notification No. 7038 dated January 31, 1985 despite the honourable High Court has taken contrary view in the cases of Jagannath Prasad Raghunandan Prasad v. Commissioner of Sales Tax [1992] UPTC 716 and Deepak Brothers v. Commissioner of Trade Tax [2000] 16 NTN 144?B. Whether the Trade Tax Tribunal is legally justified to hold that the coconut powder is taxable as oil seeds despite the dealer has sold the coconut powder to the sweet meat makers who have used as it as dry fruit and this powder could not be used as oil se...
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