Allahabad Court May 2007 Judgments
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Executive Engineer, Construction Division, U.P. Jal Nigam Vs. Presidin ...
Court: Allahabad
Decided on: May-07-2007
Reported in: 2007(4)AWC3236
Rakesh Tiwari, J.1. Heard counsels for the parties and perused the record.2. The Executive Engineer, Construction Division, Allahabad has instituted the instant writ petition against the award dated 17.11.1994 passed by the Presiding Officer, Labour Court,Allahabad in Adjudication Case No. 3 of 1992- Dina Nath Misra v. U.P. Jal Nigam, Allahabad having been enforced by publication on the Notice Board on 17.5.1995.3. Facts of the case, as disclosed in the writ petition, are that respondent No. 2- Sri Dina Nath Misra claimed to have worked on the post of Runner w.e.f. 1.4.1985 to 8.7.1991 in the VIth Construction Division. U.P. Jal Nigam (hereinafter referred to as 'the Nigam'). His services were terminated w.e.f. 9.7.1991.4. Aggrieved by the order of termination he raised an industrial dispute. On failure of the concilliation proceedings, the State Government referred the following matter of dispute to the Labour Court. Allahabad vide Government Order No. 929/C.P.162/91 (Sankhya) Allahab...
Rishi Kumar Katiyar S/O M.D. Katiyar Vs. Labour Court, Vth and
Court: Allahabad
Decided on: May-07-2007
Reported in: [2007(114)FLR635]
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against award dated 02.07.1998 given by Presiding Officer, Labour Court (Vth), UP. Kanpur in adjudication case No. 55 of 1995. The matter, which was referred to the Labour Court, was as to whether the action of the employer-Vice Chancellor, Chandrashekhar Azad Krishi and Prodyogiki, University, Kanpur, respondent No. 2 terminating the services of its employee-petitioner w.e.f. 07.11.1988 was valid or not. The dispute itself was raised by the petitioner after four years (in the impugned order, year of C.P. case is mentioned as 829/1992).3. The case of the workman was that he was working since 07.09.1987 as daily wager on Rs. 12/- per day and he had worked continuously till 07.11.1988, however, without any reason, on 08.11.1988, the employer retrenched him. It was also stated that his appointment was to continue until 31.12.1988. The Labour Court held that workman-petitioner failed to prove that he ha...
Member Secretary, Cooperative Bank Centralised Services Care of U.P. C ...
Court: Allahabad
Decided on: May-07-2007
Reported in: [2007(114)FLR549]
Tarun Agarwala, J.1. Since the issues raised in these writ petitions are common, the same are being decided together. For facility and convenience, the facts of Writ Petition No. 16472 of 2002 is being taken into consideration.2. The respondent No. 3 was promoted on the post of Senior Manager and became a Member of the Centralized Services in the year 1988. The respondent No. 3 worked as a key personnel (Senior Manager) in District Cooperative Bank Limited, Ghaziabad and retired from the service on 31.1.1998 after putting a total period of 36 years, one month and 3 days of service. The petitioner computed and paid the gratuity amounting to Rs. 2,36,430/- Since the amount was not fully paid, the respondent No. 3 made a representation to the, authorities for the payment of the balance amount. Since nothing was done on his application, the respondent No. 3 preferred a time barred claim before the prescribed authority under Section 4 of the Payment of Gratuity Act along with an application...
Ravi Nath Misra Vs. City Magistrate/R.C. and E.O. and ors.
Court: Allahabad
Decided on: May-07-2007
Reported in: 2007(3)AWC2951
S.U. Khan, J.1. Heard Sri A. N. Sinha, learned Counsel for the petitioner and Sri V.K.S. Chaudhary, learned senior counsel assisted by Sri V. C. Nayak, learned Counsel for the respondents, legal representatives of deceased respondent No. 3 Sri Har Narain Vyas and Shrimati Hemant Vyas widow of late Har Narain Vyas, who filed impleadment application.2. This writ petition is directed against the order dated 5.9.2002, passed by respondent No. 1 declaring vacancy of the accommodation in dispute and order dated 30.9.2002, releasing the accommodation in dispute in favour of landlord under Section 16 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act'). Accommodation in dispute is situate at first floor consisting of two rooms, latrine and bathroom. There is one more portion in the accommodation in dispute, which is described as Kitchen by the landlord and as storeroom by the tenant-petitioner. Accommodation in dispute is numbered...
G.A.i.L. (India) Ltd. Vs. Advance Lamps Component and Tablewares (P.) ...
Court: Allahabad
Decided on: May-07-2007
Reported in: 2007(3)AWC3036
ORDERAmitava Lala, J.1. This appeal has been preferred by the appellant being aggrieved by the order dated 28th March, 2007 under which an ex parte interim order of injunction has been granted by the learned District Judge, Firozabad in favour of the respondents herein. Learned Counsel appearing for the appellant further contended that interim order was subsequently directed to be continued. It has further Informed that on 18th April, 2007 when the appellant came to know about existence of the order, obtained a certified copy of the same to proceed with the matter. It appears that application for vacating the Interim order was also filed in the court below on 3rd May, 2007. However, this appeal has been preferred on the anxiety of the appellant that if the Injunction order continues it will be compelled to continue with the supply of the gas Irrespective of the expiry of the period. The application made In the court below under Section 9 of the Arbitration and Conciliation Act, 1996 at...
Commissioner of Income-tax Vs. Agra Beverages Corporation P. Ltd.
Court: Allahabad
Decided on: May-07-2007
Reported in: [2008]300ITR295(All)
Ajai Kumar Singh, J.1. The following solitary question has been referred in this case:Whether the Income-tax Appellate Tribunal was legally correct in holding that the bottles and crates in the assessee's case did not constitute its stock-in-trade and should be treated as plant 2. We have heard learned Counsel for the assessee who has submitted that the following three decisions of three different High Courts, which have all answered a similar question in favour of the assessee:(1) CIT v. Prern Nath Monga Bottlers P. Ltd. : [1997]226ITR864(Delhi) ;(2) CIT v. Margadarsi Chit Fund P. Ltd. : [1997]227ITR646(AP) ; and(3) CIT v. Saurashtra Bottling P. Ltd. : [1998]232ITR270(Guj) .3. We have not been shown any reason to take a different view. We, therefore, answer the question referred to against the Department and in favour of the assessee.Reference disposed of....
Ram Padarath and ors. Vs. Krishna Kumar and anr.
Court: Allahabad
Decided on: May-05-2007
Reported in: 2007(4)AWC3702
Poonam Srivastava, J.1. Heard Radhey Shyam, learned Counsel for the appellants.2. The instant second appeal has been preferred against the judgment and decree dated 16.3.2007 passed by Additional District Judge, Court No. 13, Allahabad in Civil Appeal No. 213 of 2005, Krishna Kumar and Ors. v. Bholanath and others. The plaintiff-respondents instituted Original Suit No. 688 of 2000 for a relief of permanent injunction. The claim of the plaintiffs was that they had their house, Baithaka Goruwar, Well, Trees, Nad, Khunta and Sahan and they tied their cattle over the land in dispute which was already settled under Section 9 of the U.P.Z.A. and L.R. Act. The defendant-appellants filed their written statement and contested the suit claiming their title, it was disputed that the plaintiffs were neither owner nor in possession and the defendants claimed to have constructed three pucca rooms and pucca chabutra towards west and a stair was situated towards south of chabutra. It was also claimed ...
Union of India (Uoi) Through General Manager, N.E. Railway Vs. Gauri S ...
Court: Allahabad
Decided on: May-04-2007
Reported in: 2008ACJ2500; 2007(3)AWC2766
Pradeep Kant, J.1. Heard Sri Lalji Sinha learned Counsel for the appellant and Sri Balwant Singh learned Counsel for the respondents.2. This appeal under Section 23 of the Railway Claims Tribunal Act has been preferred by the Union of India challenging the award of Rs. 4,00,000/- to the dependents of the deceased Smt. Dropadi Devi. 3. Sri Sinha has raised mainly the following two points for assailing the award:1. Smt. Dropati Devi (deceased) was a house wife and was having no earning and, therefore, the claimants cannot be said to be the dependants of the deceased so as to entitle them to any compensation under the Railways Act; and2. There was no evidence on record to hold that the death occurred because of the accidential silp from the train and that It was not a case of suicide. 4. In regard to the first plea reliance has been placed by the learned Counsel for the appellant on two Division bench judgments, namely, G.N. Bhandari Allahabad v. The Railway Administration, New Delhi A.I....
Union of India (Uoi) Through the Secretary, Ministry of Finance Vs. S. ...
Court: Allahabad
Decided on: May-04-2007
Reported in: [2009]89SCL6(All)
Sunil Ambwani, J.1. Heard Shri Subodh Kumar learned Counsel for petitioner-Union of India and Shri S.O.P. Agarwal for S.P. Mathur son of late Shri Gopal Mathur, R/o Rampur Gardan, Bareilly.2. The proccedings have been initiated under Sections 45, 45H(2), 45L(4) of the Banking Regulation Act, 1949 read with Section 543 of Companies Act, 1950 for recovery of Rs. 253.54 lakhs along with interest from the respondent-S.P. Mathur, 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 w.e.f. 1.1.199, with which the Kashinath Seth Bank Limited stood wound up.3. Two years prior to this date, a moratorium was declared and the competent authority was directed to scrutinize the matter. It was found that she Bank had suffered losses on account...
Gyan Prakash Vs. District Judge and ors.
Court: Allahabad
Decided on: May-04-2007
Reported in: 2007(3)AWC2955; II(2007)DMC535
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Petitioner-husband has instituted a suit against wife-respondent No. 3, Smt. Sarita Devi and four others, which has been registered as Original Suit No. 301 of 1995 on the file of Civil Judge, Senior Division, Deoria. Initially, the suit was for restitution of conjugal rights. Thereafter, an application for amendment of the plaint was filed by the plaintiff-petitioner on 27.3.1998, copy of which is Annexure-8 to the writ petition. Paragraphs No. 7A and 10A sought to be added in the plaint through the said amendment application stated that since 1.10.1995 till the date of filing of the said amendment application, the wife-defendant No. 1 had withdrawn herself from the society of the plaintiff-husband. In Paragraph 7B proposed to be added in the plaint, it was stated that the wife-defendant No. 1 in her written statement levelled false, scandalous and frivolous allegations against the plaintiff and plaintiffs father, brother and si...
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