Allahabad Court April 2007 Judgments
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Bankeshwar Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-25-2007
Reported in: 2007(4)AWC3897
Vineet Saran, J.1. The brief facts of this case are that the petitioner was appointed as a permanent Lecturer in Psychology in the college of respondent No. 5 on substantive vacancy on 23.9.1985. In pursuance of the said appointment letter, the petitioner joined his service as Lecturer on 19.10.1985. He was confirmed in service on 19.10.1986 and thereafter on completion of ten years of service, on 19.10.1995, he was granted selected grade. Respondent No. 6 Chhedi Singh was appointed as L.T. grade teacher which was approved by the District Inspector of Schools on 4.9.1974 and pursuant thereto he joined his services in the college of respondent No. 5 as L.T. grade teacher on 6.9.1974. By an order dated 15.4.1985, approval to the appointment of respondent No. 6 as ad hoc Lecturer in Economics was granted, which was only for a period till 20.5.1985. The financial approval granted was also only till the aforesaid date. The name of the respondent No. 6 for promotion on the post of Lecturer w...
Oriental Insurance Company Ltd. Vs. Smt. Jeevan Jangra and anr.
Court: Allahabad
Decided on: Apr-24-2007
Reported in: 2007(78)AWC2487
Amitava Lala, J.1. This is an appeal of the insurance company under the old Act, i.e., Motor Vehicles Act, 1939. It has been contended by the learned Counsel appearing for the insurance company that their liability is limited in terms of the agreement, therefore, the insurance company cannot be fastened with the entire liability of Rs. 6,10,000. He contended that the liability upon the insurance company is to the extent of Rs. 1,50,000. From perusal of the terms and conditions which has been annexed with the paper book, we find the liability to the third party is as follows:Subject to the limits of liability the company will indemnify the insured against all sums including claimants costs and expenses which the insured shall become legally liable to pay in respect of....2. It is contended by the learned Counsel appearing for the appellant that payment of such sum which is in the terms and conditions of the agreement is a statutory liability under Section 95 of the Motor Vehicles Act, 1...
Km. Pusp Lata and ors. Vs. Nirlep Singh and ors.
Court: Allahabad
Decided on: Apr-24-2007
Reported in: 2007(78)AWC2490
Rakesh Sharma, J.1. This case was listed on the daily cause list of 9.4.2007. The list is being rotated for the last two weeks. The case has come up for hearing today. Considering the facts and circumstances of this case, this Court is of the view that the litigation, which was initiated in the year 1989, claiming enhancement of compensation under the Motor Vehicles Act, must come to a logical end today after 18 years. The appeal was filed in the year 1997 and remained pending for disposal in this Court for the last 10 years.2. Heard learned Counsel for the appellants and perused the record.3. Under challenge is an order passed by Motor Accident Claim Tribunal, Mirzapur, dated 22.11.1996 in Motor Accident Claim Petition No. 39 of 1989, Km. Puspa and Ors. v. Nirlep Singh and Ors.4. The facts of the case emerging from the record is that deceased Shrimati Shantl Devi wife of Prabhakar Pandey, appellant No. 6, was going on foot on 17.3.1989 on Mirzapur--Pipari road when the Tanker bearing ...
Jagbir Singh Son of Charan Singh Vs. U.P. Prabandhak, Western Zone, U. ...
Court: Allahabad
Decided on: Apr-24-2007
Reported in: [2007(114)FLR1046]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed by the petitioner against the order dated 24.8.1987 of removal from passed by the Regional Manager, U.P. State Road Transport Corporation (hereinafter referred to as UPSRTC). The petitioner was working as Clerk in Bagwise Section. A charge was levelled against the petitioner that he was not performing his duties with full honesty and devotion resulted in serious irregularities and scam of theft of tickets which were found in other bags in the Bagwise Section. The following reliefs have been sought by the petitioner:i) to issue a writ of certiorari, order or direction in the nature of certiorari, quashing the order dated 24.8.1987 of the Regional Manager (Annexure-2) and order dated 28.01.1989 passed by the Deputy General Manager (Annexure-3); ii) to issue a writ of mandamus, order or direction in the nature of mandamus, commanding the opposite parties to reinstate the petitione...
Sadanand Misra S/O Ram Prakash Misra Vs. U.P. Public Service Tribunal ...
Court: Allahabad
Decided on: Apr-24-2007
Reported in: [2007(115)FLR734]
1. The writ petition is directed against the order dated 21.12.1989 passed by U.P. Public Service Tribunal dismissing petitioner's claim petition No. 208 (F)/III-87 filed by the petitioner.2. The facts in brief as stated in the writ petition are that the petitioner was appointed as Clerk in District Board Allahabad in April 1964 and became Sectional Head Clerk on 1.8.1964. Subsequently, he was appointed as Office Superintendent and on attaining the age of superannuation of 58 years was retired on 1.7.1984. Me filed a claim petition before the U.P. Public Service Tribunal seeking following reliefs:A-The petitioner be declared to be entitled to remain in service till the age of 60 years.B- The petitioner be declared as promoted to the post of Karya Adhikari (Executive Officer), Zila Parishad, Allahabad, on the date when the post fell vacant.3. The claim petition having been dismissed by the Tribunal, hence, this writ petition. The learned Counsel for the petitioner submitted that under t...
National Insurance Company Through Its Assistant Manager Vs. Rai Amite ...
Court: Allahabad
Decided on: Apr-23-2007
Reported in: AIR2007All194; 2007(3)AWC2747
Amitava Lala, J.1. According to the appellant-insurance company fixation of compensation amount has to be made on the basis of 70% disablement. The other points are already settled. Therefore, he is only confined his argument on this point. Sri Vivek Kumar Birla learned Counsel appearing for the appellant contended before this Court that the concerned Doctor was examined before the Tribunal who said that disability of the right leg of the injured was 70% and not 90%, which had been alleged. From the observations of the Tribunal concerned, it appears that the Tribunal considered such part of the evidence but ultimately on the basis of an example of paralysis in the reported case of 1997 (8) SC 349 Nagesha v. M.S. Krishna and Anr. and on the basis of an example of permanent disablement reported in 1999 (3) TAC 647 Deepak Agnihotn v. Jai Bhan and Anr. fixed the amount of compensation of Rs. 5 lakhs. However, by an interim order, a sum of Rs. 3 lakh-was directed to be withdrawn by the clai...
Sarva Hitkarini Sahkari Awas Samiti Ltd. and Nishit Verma Son of Later ...
Court: Allahabad
Decided on: Apr-23-2007
Reported in: 2007(4)AWC3559
S.U. Khan, J.First Writ Petition1. This writ petition arises out of proceedings under Section 47A of Stamps Act as added by U.P. It is directed against order dated 28.4.1999 passed by Additional Collector (F& R), Allahabad and order dated 6.8.2002 passed by Commissioner, Allahabad Division, Allahabad, dismissing the revision filed against the first order dated 28.4.1999. Proceedings were initiated in respect of sale deed dated 24.12.1996 executed by one Ashfaq Ahmad in favour of the petitioner. Through the said sale deed an area of 16 Biswa and 3 Biswancy land equivalent to 1841 square meters was transferred. The case before Additional Collector was registered as Case No. 35/97 State v. Sarva Hitkarini Sahkari Avas Samiti. The land sold through the sale deed in question was share of vendor in different agricultural plots. Additional Collector / First authority held that when housing society purchases a property, the purpose is to construct house, hence stamp shall be paid in accordance...
Surendra Nath Yadav Son of Sri Ram Prasad Yadav Vs. State of Uttar Pra ...
Court: Allahabad
Decided on: Apr-23-2007
Reported in: 2007(4)AWC3262
Dilip Gupta, J.1. The quashing of the order dated 27th September, 2005 passed by the learned District Judge, Hamirpur terminating the services of the petitioners who were serving as Chaukidars in District Judgeship. Hamirpur has been sought in all the three petitions and, therefore, they have been heard together and are being decided by a common judgment.2. I have heard Sri Vikas Budhwar learned Counsel for the petitioner in Writ Petition No. 68129 of 2005 and Writ Petition No. 68131 of 2005 while Sri V.K. Agninotri learned Counsel has appeared for the petitioner in Writ Petition No. 69060 of 2005. On behalf of the District Judge, Hamirpur, Sri Rajiv Gupta has made his submissions while the learned Standing Counsel has made his submission on behalf of the State of U.P. Sri M.P.S. Chauhan has put in appearance on behalf of Sri Ratnakar Dixit the then District Judge, Hamirpur.3. Sri Surendra Nath Yadav who has filed Writ Petition No. 68129 of 2005 claims to have been appointed as a tempo...
Baleshwar Singh S/O Shri Asha Ram and ors. Vs. Special Secretary, Mawa ...
Court: Allahabad
Decided on: Apr-23-2007
Reported in: 2007(4)AWC3944; [2007(114)FLR557]
Rakesh Tiwari, J.1. Heard the learned counsels for the parties and perused the record.2. Since common questions of facts and law are involved in these writ petitions, they are being decided by this common judgment treating Civil Misc. Writ Petition No. 14047 of 1989 Baleshwar Singh and Ors. v. Special Secretary and Ors. as leading case.3. These writ petitions have been filed challenging the validity and correctness of the orders dated 26.6.1989 and 1.711989 passed by the District Cane Officer Meerut and Special Secretary, Mawana, Co-operative Can Union Ltd., appended as Annexures 6, 7-A to 7-J to the writ petitions. By the aforesaid impugned orders, the petitioners have been reverted from the post of Seasonal Clerk to the post of Purchi Distributor.4. Briefly stated, the facts of the case are that the petitioners claim that they were initiatilly appointed as Purchi Distributors but duties of seasonal I.S.L. Clerks were being taken from them by the employers. Since the petitioners were ...
Prem Lal (Since Deceased) and ors. Vs. Kalam Ram and ors.
Court: Allahabad
Decided on: Apr-23-2007
Reported in: 2007(3)AWC2573
Prafulla C. Pant, J.1. This second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 7.9.1981, passed by learned District Judge, Chamoli, in Civil Appeal No. 3 of 1980, whereby the said appeal is dismissed and the judgment and decree dated 14.7.1981, passed, by the Munsif Karanprayag in O.S. No. 12 of 1979, is affirmed.2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that the parties to this litigation are residents of Village Sankote, P.O. Nakholi, Pargana Karanprayag, district Chamoli. They are related to each other by the following pedigree: Madan--------------------------------------------------------------Jaimi | | (after death of Madan his widow married to Jaimi) | | Dublu Lachhmu |-----------|---------|----------|------------------------------------| | | | | | Kalam Bali Raghubir Balbir Baisakhi Ram Ram Lal Lal (Defendant No. 1) (Plaintiff (Plaintiff ...
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