Allahabad Court April 2007 Judgments
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Shiv Kumar Tripathi S/O Sri Ram Nagina Tripathi Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Apr-11-2007
Reported in: [2007(114)FLR437]
1. Heard Sri Anil Tewari, learned Counsel for the petitioner and learned Standing Counsel for the respondents.2. The petitioner by means of present writ petition under Article 226 of the Constitution of India has sought a writ of certiorari for quashing the orders dated 8th March, 1999 and 3rd November, 1999, Annexure Nos. 'II' and 'I' to the writ petition, passed by respondents 2 and 4 rejecting his claim for pay protection for the period 10th March, 1989 to 10th April, 1991 as Assistant Consolidation Officer after his appointment on the post of Sub-Registrar and also declining to give benefit of service for the purpose of seniority. He has further sought a writ of mandamus commanding the respondents to count his services rendered as Assistant Consolidation Officer and Accounts Officer for giving service benefits and seniority under Fundamental Rule 22-A.3. Learned Standing Counsel at the outset submits that a similar issue has already been considered by a Division Bench of this Court...
Mayur Packaging Industries Through Its Proprietor Sri Ovais Hassan Bur ...
Court: Allahabad
Decided on: Apr-11-2007
Reported in: 2007(4)AWC3425
Tarun Agarwala, J.1. Heard Sri P.K. Singh, the learned Counsel for the petitioner and Sri A.A. Khan, the learned Counsel for the respondent. Since no factual controversy is involved, this writ petition is being disposed of finally at the admission stage itself without calling for a counter affidavit.2. The petitioner is the plaintiff and had purchased an industrial unit through an auction from the U.P. Financial Corporation, and thereafter, was sanctioned a loan from the said Corporation. It is alleged that the petitioner paid various instalments, but on account of a default in the payment of the instalment, the possession of the factory was taken over by the financial corporation under Section 29 of the State Financial Corporation Act, 1951. It was also alleged that the factory, machinery, etc., was auctioned by the corporation and that the corporation exhausted its remedy of recovering the loan under the agreement. It was also alleged that the entire amount had been recovered but the...
Jyoti Kumar Srivastava Son of Late Hanuman Prasad Srivastava Vs. Allah ...
Court: Allahabad
Decided on: Apr-11-2007
Reported in: [2007(113)FLR1019]
Anjani Kumar and Sudhir Agarwal, JJ.1. The petitioner is aggrieved by the order dated 14.11.2000 passed by respondent No. 1 rejecting his claim for compensation and out of turn promotion. The petitioner has also sought a writ of mandamus commanding the respondents to grant him a cash award of Rs. 50,000 and also three increments in his scheduled time scheme.2. In brief, the case of the petitioner is that in 1998, he was posted as a Branch Manager, Muerson Branch, police station Utraon, District Allahabad and was residing at village Kehra, which is about 3 kms. away from the Bank's Branch. On 9.8.1990, the petitioner, while on his way to the Branch Office from his residence, at about 10.00 A.M., two persons riding scooter intercepted him and asked to hand over keys of the Branch. On resistance, the aforesaid persons fired on the petitioner causing gun shot injuries whereafter the said persons fled away. A first information report was lodged at P.S. Sarai Inayat, Tahasil Phoolpur, Distri...
Punjab National Bank Vs. Salim Mian, Typre Retrading Co. (Works) and a ...
Court: Allahabad
Decided on: Apr-11-2007
Reported in: 2007(4)AWC3561
ORDERAmitava Lala, J.1. Since the appeal is heard on the question of law, we have not called for the record and the appeal is proceeded on the informal papers by the consent of the parties.2. This appeal is arising out of an interim injunction order dated 18th November, 2002 in favour of the respondents against the demand notice issued under the provisions of U. P. Public Money (Recovery of Dues) Act at the instance the appellant Bank. At the time of the passing of the order, the Court has considered about the payment of substantial amounts. In any event it appears from the record that the Bank appeared in the proceedings but possibly on the fateful day due to non-availability of notice the representative of the Bank did not appear when an ex parte order of injunction was passed by the court below.3. The appellant Bank filed an application therein under Order XXXIX, Rule 4, C.P.C. for the purposed of discharge, variation or setting aside such order which is passed ex parte and during t...
New India Assurance Co. Ltd. Vs. Rakesh Kumar Vishwakarma and ors.
Court: Allahabad
Decided on: Apr-11-2007
Reported in: 2008ACJ2270
H.L. Gokhale, C.J.1. Heard Mr. Satish Chaturvedi, learned Counsel for the appellant and Mr. Ram Singh, learned Counsel for the respondents.2. This appeal by insurance company seeks to challenge the judgment and order dated 3.2.2007, passed by Motor Accidents Claims Tribunal, Fatehpur in M.A.C.P. No. 220 of 2003. The Tribunal has awarded an amount of Rs. 7,27,000 to the respondent No. 1 who was the claimant before the Tribunal. The claim was arising out of the death of the wife of respondent No. 1 in an accident, a truck which was insured with the appellant insurance company, was involved.With the consent of both the learned Counsel, we have taken up this appeal for final hearing at the admission stage itself and we have noted the submissions of both counsel.3. The short facts leading to this appeal are this wise. The brother of the respondent No. 1 was driving a motor cycle and the wife of the respondent No. 1 was sitting behind him. They were returning from village Gokulpur to their r...
Mahendra Pal Singh Vs. District Basic Education Officer and anr.
Court: Allahabad
Decided on: Apr-11-2007
Reported in: [2007(113)FLR789]
Vineet Saran, J.1. The petitioner was appointed as an Assistant Teacher on 21.2.1992. By an order dated 18.1.2000, communicated to the petitioner on 25.1.2000, the petitioner has been dismissed from service on certain charges. Aggrieved by the said order, the petitioner has filed this writ petition,2. I have heard learned Counsel for the petitioner. No one is present on behalf of the respondents even in the revised list. However, counter affidavit on behalf of the respondents has been filed, which has been perused by me.From the impugned order it is clear that a show cause notice dated 12.1.2000 was sent to the petitioner by registered post requiring him to submit his reply by 2.00 p.m. on 18.1.2000. It is the specific case of me petitioner that the said notice Was received by him on 18.1.2000 itself by registered post and he immediately thereafter on 19.1.2000 submitted his reply but by then the impugned order had already been passed on 18.1.2000. The said averments made by the petiti...
Bank of Baroda Vs. Fertilizer Sales Organisation
Court: DRAT Allahabad
Decided on: Apr-10-2007
Reported in: I(2008)BC24
1. This appeal is directed against an order dated 29th March, 2006 passed by D.R.T., Allahabad in T. A. No. 151 of 2000 rejecting the application moved on behalf of the appellant Bank of Baroda for obtaining the second opinion of the Hand Writing Expert of Government of India. Briefly stated the history giving rise to present appeal is that the Bank of Baroda appellant filed an application before D.R.T., Allahabad against present respondents for the recovery of money on the basis of amount advanced to the respondents. In above case the respondent denied signatures on the documents of loan produced by the Bank before the Tribunal. In above circumstances the report of Hand Writing Expert was called for by the Tribunal in connection with signatures available on the documents filed by the Bank after obtaining sample signatures. The report from the Joint Director, Vidhi Vigyan Prayogshala, Uttar Pradesh, Mahanagar, Lucknow dated 26th June, 2002 was received with the conclusion that the doc...
No. 913126828 Ex. Constable Driver, Girwar Singh Tomar S/O Shri Damoda ...
Court: Allahabad
Decided on: Apr-10-2007
Reported in: 2007(3)AWC2773; [2007(113)FLR1057]
Vineet Saran, J.1. The petitioner was a Constable Driver in the Central Reserve Police Force. By an order dated 21.10.1999, he was dismissed from service on certain charges for which he was held guilty after enquiry. The appeal of the petitioner was dismissed by the respondent No. 3 vide order dated 7.2.2000. The revision filed by the petitioner was also dismissed by the respondent No. 2 vide order dated 25.9.2000. Aggrieved by the aforesaid orders, this writ petition has been filed.2. I have heard Sri V.K. Singh, learned Senior Counsel, assisted by Sri Subhranshu Shekhar, learned Counsel appearing for the petitioner as well as Sri B.K. Singh Raghuvanshi, learned Counsel appearing for the respondents. Pleadings have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.3. The charge against the petitioner was firstly that the petitioner was driving the official vehicle after consuming liquor, and secondly that he m...
Raj Dhari Singh Son of Sri Sheomurat Singh (Since Deceased Sheo Shanke ...
Court: Allahabad
Decided on: Apr-10-2007
Reported in: [2007(113)FLR1018]
Rakesh Tiwari, J.1. This petitioner was filed by late Raj Dhari Singh. During the pendency of the writ petition, he died and was substituted by his legal heirs and representatives. The present petitioners are sons of late Raj Dhari Singh.2. The facts of the case are that late Raj Dhari Singh was appointed as Rakshak in the Railway Protection Force on 10.9.1957. While he was member of the Railway Protection Force at Allahabad, he was served with a charge sheet dated 3.5.1975. The charge levelled against him was that he was found absent from duty in beat numbers 16 to 18 from 23.11.1974 to 25.11.1974. He was served with another charge sheet dated 21.10.1975. This time he was found absent from duty on 19.7.1975. Again, he was served with the charge sheet dated 22.5.1976 on the allegation that he was absent from duty from 31.1.1976 to 11.2.1976. After conclusion of departmental proceedings, late Raj Dhari Singh was dismissed from service vide impugned order dated 3.9.1976. The statutory ap...
Pradutt Kumar Bharti Son of Shri Parshu Ram, Vs. Allahabad University ...
Court: Allahabad
Decided on: Apr-10-2007
Reported in: 2007(4)AWC3673
Arun Tandon, J.1. Heard Sri Arvind Kumar Srivastava, learned Counsel for the petitioners, Sri P.S. Baghel, learned Counsel for respondent Nos. 1 to 4.2. Petitioners, namely, Pradutt Kumar Bharti, Ambika Prasad Chaudhary and Prem Sagar, were admitted to M.Sc. Two Years1 Degree Course in the subject of Physics, as offered by the University of Allahabad for the academic Session 2004-05.3. According to the Ordinances, relating to M.Sc. Course in Physics, Faculty of Science, a student is required to appear in Four Semester examination of six months each (the total duration of the course is two years). According to the petitioners, the First Semester Examination subsequent to their admissions was held in the month of December, 2004, in which the petitioners were successful. They, thereafter, appeared in the Second Semester Examination, which was held in the month of September, 2005, in which petitioners were successful. The third semester examination was held in the month of December, 2005. ...
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