Allahabad Court April 2007 Judgments
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Nagar Ayukt, Nagar Nigam Vs. Mujib Ulla Khan and ors.
Court: Allahabad
Decided on: Apr-19-2007
Reported in: [2008(117)FLR277]
Sunil Ambwani, J.1. Heard Sri Y.S. Sachan learned Counsel for the petitioner. Learned Standing Counsel appears for respondents 2 and 3.2. The contesting respondents were employees of Nagar Nigam, Kanpur. They filed application under Rule 10(1) of the Payment of Gratuity Rules, 1975 for distribution and payment of balance amount of gratuity over and above the amount received by them from Nagar Nigam on their retirement in accordance with Retirement Benefits and General Provident Fund Regulation, 1962, Rule 4(1) of the Regulations made under Section 548(1) of the U.P. Municipal Corporation Act, 1959 amended on 11.1.1988 provide for death-cum-retirement gratuity on calculation by the number of years completed by the employees with the condition that the gratuity paid to the employees of the Corporation is not more than 16.5 months of the last wages drawn by him. Prior to the amendment of these rules the amount of the gratuity were calculated 15 days salary per month over 15-1/2 months sal...
Gaurav Traders Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Apr-19-2007
Reported in: (2009)25VST23(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 Full Bench of the Tribunal, U.P., Lucknow dated May 26, 2001.2. The question relates to the taxability of HDPE (High Density Poly Ethylene) woven fabrics which are commonly called and understood as nylon fabrics or fishnet fabrics or mosquito-net fabrics.3. The applicant is carrying on the business of HDPE woven fabrics which are commonly called and understood as nylon fabrics or fishnet fabrics or mosquito-net fabrics for which, it was registered under the U.P. Trade Tax Act, 1948. The applicant moved an application under Section 35 of the Act before the Commissioner, Trade Tax, to settle the dispute about the taxability of HDPE woven fabrics. Before the Commissioner of Trade Tax, claim of the applicant was that HDPE woven fabrics being nylon silk fabrics used for domestic purposes, is exempted from the tax under the Notificati...
Harikesh Verma S/O Sri Jawaher Lal Vs. Zila Yuva Kalyan Evam Pradeshik ...
Court: Allahabad
Decided on: Apr-18-2007
Reported in: [2007(114)FLR247]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. This petition has been filed for a relief of direction in the nature of mandamus directing the respondents to regularise the services of petitioner and further commanding the respondents to pay the arrears of salary for which he is entitled under law and current salary may also be paid regularly.3. The contention of petitioner is that he was appointed as Chowkidar in the establishment of the respondent No. 1--Zila Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari, Basti on 1.12.1990 and has been working since then. However, by an oral order the petitioner has been asked not to perform his duty, which according to the petitioner is not permissible under law.4. Vide order dated 10.12.1999, direction was made to issue notice to the respondents, who were represented by the learned standing counsel. It was also directed by the aforesaid order that if the petitioner was working on the post of Chowkidar on 14.10.1999, he shall be permit...
Sheo Shankar Tripathi Son of Sri Lakshmi NaraIn Tripathi, Officiating ...
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2007(4)AWC3636
Anjani Kumar and Sudhir Agarwal, JJ.1. Heard learn counsel for the parties and perused the record.2. The petitioner has sought a writ of mandamus commanding the respondents to regularise him on the post of Principal in Sri Hanumant Sanskrit Mahavidalaya, Hathi Barani, Varanasi (hereinafter referred to as the 'College') and to pay salary of the said post w.e.f. 1.7.1994.3. The facts in brief as borne out from the writ petition are that the aforesaid College is imparting education in Sanskrit up to Shastri and Acharya level and is affiliated to Sampurnanand Sanskrit University, Varanasi governed by the U.P. State Universities Act, 1973 (hereinafter referred to as '1973 ACT') and U.P. Higher Education Services Commission Act, 1980 (hereinafter referred to as '1980 Act'). The petitioner was appointed as Assistant Teacher on 1.11.1977 and was confirmed on 15,8.1979. One Sri Devraj Pandey working on the post of Principal of the College retired on 30.6.1994 on attaining the age of superannuat...
State of U.P. Through Collector Vs. the District Judge and ors.
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2007(4)AWC3700
S.U. Khan, J.1. At the time of arguments no one appeared on behalf of contesting respondents hence only the arguments of learned standing counsel appearing for petitioner - State were heard.2. This writ petition is directed against judgment and order dated 24.9.1982 given by District Judge, Bareilly in Ceiling Appeal No. 14 of 1980 filed by contesting respondents in this writ petition namely Natthu Singh and Ors. The said appeal was directed against judgment and order passed by Prescribed authority under U.P. Imposition of Ceiling on Land Holdings Act 1960 dated 17.12.1979 declaring 69.45 hectares of irrigated land as surplus. Earlier the said appeal had been decided on 24.7.1980. Against the said judgment writ petition was filed in this Court being Civil Misc. Writ Petition No. 9656 of 1980. The writ petition was allowed and matter was remanded to the appellate court to decide the appeal again. Thereafter through the impugned order dated 24.9.1982 District Judge, Bareilly decided the ...
Rajesh Kumar Agrawal Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2007(3)AWC2585
Tarun Agarwala, J.1. Three petitioners before this Court are aggrieved by the selection process initiated by the respondent bank for the post of Officer Scale-I. Since, common issues have been raised in all the three writ petitions therefore, the same are being decided together. For facility and convenience, the facts in Civil Misc. Writ Petition No. 6334 of 2003, Rajesh Kumar Agrawal v. Union of India and Ors. is being taken into consideration.2. Briefly stated the facts giving rise to the present writ petition is that under Section 29 read with Section 17 of the Regional Rural Banks Act, 1976, the Regional Rural Banks (Appointment and Promotion of the Officers and other Employees) Rules, 1998, were framed, published and gazetted in supersession of the earlier Rules and circulars. These rules were adopted by the respondent bank on 17.5.2000 with the consent of the sponsored bank. Pursuant to the aforesaid Rules, the respondent bank on 14.10.2000 notified 20 vacancies to be filled up b...
Uma Shankar and anr. Vs. Ramakant and ors.
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2007(3)AWC3029
V.C. Misra, J.1. Heard Sri Shrinath Dwivedi, learned Counsel for the petitioners and Sri Irshad Ali and Sri Pankaj Gupta, learned Counsel for the respondent-landlord-caveators.2. This writ petition has been filed by the petitioners for quashing the impugned orders dated 18.2.2006 (Annexure-4 to the writ petition) and dated 27.11.2006 (Annexure-6 to the writ petition), passed by the Judge, Small Causes Court and the Additional District Judge, Court No. 2, Banda, respectively and directing the respondents not to interfere with the peaceful possession of the petitioners over the premises In dispute.3. The case of the petitioner-tenants is that the respondent-plaintiffs had served a notice upon the father of the petitioners and one Prabhu Dayal through counsel under Section 106 of the Transfer of Property Act for ejectment from the premises in question, payment of arrears of rent from July 1992 to June, 1996 and damages for use and occupation of the premises after 17.6.1996. The said notic...
Maksudan Misra Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2007(3)AWC3033
S.U. Khan, J.1. Heard learned Counsel for the parties.2. O.S. No. 137 of 1975, Rameshwar Pande v. Surendra Misra and Ors. was decided on the basis of compromise on 24.3.1975 by IIIrd Additional Munsif, Ballia (compromise was dated 23.3.1979). In the said suit, petitioner was one of the defendants. Respondents No. 5 to 8, who were also defendants in the said suit, are real brothers of the petitioner. The only other defendant in the suit was Sheo Shanker Pande, respondent No. 4. There were only these six defendants in the suit. Petitioner filed application for setting aside the compromise decree, which was registered as Misc. Case No. 42 of 1979. Copy of the compromise or Judgment and decree passed on the basis of compromise have not been annexed alongwith writ petition. The petitioner and one of his brothers had entered into compromise through their counsel Sri Ram Adhar Tiwari. The other three brothers had themselves signed the compromise. The petitioner came forward with the case in h...
Abhai Pal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-17-2007
Reported in: 2008(1)AWC617
Devi Prasad Singh, J.1. The petitioner, under Article 226 of the Constitution of India, filed the present writ petition against the order of dismissal on the ground that while disagreeing with the report of the Enquiry Officer, the disciplinary authority has not issued any show cause notice to the petitioner. The other ground raised by the petitioner's counsel is that the appellate authority while deciding the appeal has not considered the material ground advanced by the petitioner while filing the appeal against the impugned order of dismissal passed by the disciplinary authority.2. The brief facts relating to the present controversy are narrated as under:The petitioner has been the member of the Agricultural Service Group-III. He was a permanent employee whose services were confirmed on 28.7.1995. In the year 1996, the petitioner was posted as Plant Production Supervisor in Barhpur unit of District Farrukhabad, which is situated in the remote area of the district adjoining forest lan...
Girish Kumar S/O Late Sri Radhey Raman Lal Vs. State of U.P. Through S ...
Court: Allahabad
Decided on: Apr-16-2007
Reported in: [2007(113)FLR1055]
Anjani Kumar and Sudhir Agarwal, JJ.1. Heard Sri S.K. Pundir, learned Counsel appearing on behalf of the petitioner and learned Standing Counsel for respondent No. 1 as well as Sri M.K. Kushwaha, learned Counsel for respondents 2 to 4.2. By means of present writ petition under Article 226 of the Constitution of India, the petitioner is seeking a writ of mandamus commanding the respondents not to retire him before attaining the age of 60 years. He has also challenged notice dated 13th October, 2006, issued by the Managing Director, U.P. State Bridge Corporation Ltd., Lucknow thereby informing the date of retirement of the petitioner as 30th April, 2007 on attaining the age of 58 years.3. Learned Counsel appearing on behalf of the petitioner submitted that para 767 of the . which compiles the rules and condition of service governing its employees, the age of retirement of employees of the U.P. State Bridge Corporation Ltd. is specified as 58 years, which can be extended by the Board of D...
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