Allahabad Court May 2007 Judgments
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Kshetriya Sahkari Samiti Ltd., Chaumuha Vikas Khand Through Its Secret ...
Court: Allahabad
Decided on: May-24-2007
Reported in: [2007(114)FLR778]
Tarun Agarwala, J.1. Heard Sri Triloki Nath, the learned Counsel for the petitioner and Sri V.K. Agarwal, the learned Counsel for the respondent workman.2. It transpires that the workman was working on a daily rated basis as a clerk in the petitioner's cooperative society and for certain reasons, his services was dispensed with. The workman raised an industrial dispute under Section 4-K of the U.P. Industrial Disputes Act. The petitioner appeared and filed a written statement alleging that since the workman was a daily rated worker, he was not a workman as contemplated under the U.P. Industrial Disputes Act, and therefore, HO dispute could be referred under the provisions of the U.P. Industrial Disputes Act. The record suggests that the petitioner did not participate any further before the labour court and eventually, the labour court gave an ex parte award dated 21.7.1997. It has also come on record that the petitioner subsequently filed an application, for the recall of the ex parte ...
Shree Ram Agarwal S/O Late Lala Chhotey Lal, Vs. Chief Controlling Rev ...
Court: Allahabad
Decided on: May-24-2007
Reported in: 2007(4)AWC3395
S.U. Khan, J.1. Heard learned Counsel for the parties.2. On 9.1.2007 the following order was passed by me on the order sheet:learned Counsel for the petitioner states that in case cost of machinery is deleted from the valuation of the property on which petitioner is required to pay stamp duty then he will not have any objection to the valuation determined by the A.D.M. Learned Counsel further states that he got no objection to the order of the Board of Revenue directing payment of stamp duty on the power of attorney included in the deed in question as by virtue of Article 48 of Scheduled 1-B to Stamp Act maximum stamp payable thereupon is Rs. 54/-.3. Petitioners purchased a cold storage spread over an area of 15.12 acres. The area of the constructed portion was either 2 acres i.e. 87120 Sq. ft or 30740 sq. ft. Both the figures i.e. 2 acres and 30740 sq.ft are mentioned in the impugned order. This matter was heard on several dates, however, it could not be clarified that on what basis A...
Pratap Bhan Vs. Smt. Krishna Devi Pandey and ors.
Court: Allahabad
Decided on: May-24-2007
Reported in: 2007(4)AWC3809
Poonam Srivastav, J.1. Heard Sri Atul Dayal, learned Counsel for the appellant and Sri Shashi Kant Gupta advocate for the caveator-respondents.2. This is defendant's second appeal. The plaintiff-respondents instituted Original Suit No. 1278 of 1980 claiming the relief for possession and removal of construction raised by the defendants from the part of the plot No. 5/166, Purana Kanpur alongwith relief of mandatory injunction against the defendant. The plaintiffs claimed to be the owner of the entire property which was purchased by her father-in-law late Sri Baji Lal through a registered sale deed in the year 1902. The husband of the plaintiff instituted S.C.C. Suit No. 460 of 1963 against the defendant for arrears of rent and eviction which was dismissed but later, on intervention of certain respectable persons, the defendant vacated the disputed property in the year 1965. The plaintiffs husband Krishna Dutt Pandey died on 2.11.1968. The defendant resides in premises No. 5/166, Purana ...
Dr. Dinesh Sharma Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: May-24-2007
Reported in: 2008(1)AWC973
Rajiv Sharma, J.1. Heard Sri Umesh Chandra, senior advocate, duly assisted by Sri S.B. Pandey and Sri Rakesh Kumar Srivastava for the petitioner and Sri G.K. Mehrotra assisted by Sri Anupam Mehrotra for the respondent No. 3 and the learned standing counsel for the respondent Nos. 1 and 2.2. By means of the instant writ petition, the petitioner is assailing the order dated 15.3.2007, passed on application Nos. C-27 and C-33 in an Election Petition No. 2 of 2006, by Additional District Judge, Court No. 1, Lucknow.3. It has been stated by the learned Counsel for the petitioner Sri Umesh Chandra that in an election for the post of Mayor of Lucknow, the petitioner was declared elected by defeating respondent Nos. 3 to 18. The said election was challenged by the respondent No. 3 by preferring an election petition before the District Judge, Lucknow and the District Judge, Lucknow, after admitting issued notices to the respondents fixing 19.12.2006 and also transferred the said election petiti...
Pradeep Kumar Chaurasiya Son of Shiv Shanker Chaurasiya Vs. State of U ...
Court: Allahabad
Decided on: May-23-2007
Reported in: 2007CriLJ3876
Vinod Prasad, J.1. Pradeep Kumar Chaurasiya who is the informant of Crime No. 231 of 2004, Under Section 363, 365 and 364A IPC, P.S. Cantt. District Varanasi has preferred this Criminal Misc. Application with the prayer that order dated 2.4.2006 passed by Additional Sessions Judge/Fast Track No. 2 Varanasi in S.T. No. 758 of 2004 State v. Avadhesh and Ors. be quashed. The aforesaid Sessions Trial is related with the aforesaid crime number.2. The background facts of the case are that the father of the applicant Shiv Shankar Prasad was abducted on 10.5.2004 when he had gone for a morning walk at about 5 a.m. Regarding the said abduction a FIR was lodged on the same day at about 8.30 a.m. as Crime No. 231 of 2004 Under Section 363, 365 IPC by the applicant at P.S. Cantt., district Varanasi. The investigation into the crime was engineered by the police and on 14.6.2004 the police party headed by S.O. P.S. Lanka, arrested the accused persons, namely; Avadhesh Yadav, Bachha Singh, Kandhari Y...
The British India Corporation Ltd. (Cawnpore Wollen Mills Br) Through ...
Court: Allahabad
Decided on: May-23-2007
Reported in: [2007(114)FLR656]
Tarun Agarwala, J.1. The petitioner is a Company under the Companies Act, 1956 and is under the control and supervision of the Ministry of Textiles, Government of India and is engaged in the manufacture of woolen fabric. The British India Corporation is a holding Company and its unit is known as Cawnpore Woolen Mills, better known as 'Lal Imli' in Kanpur which has been declared a sick Company and has been recommended to be wound up by the BIFR. For the security of the property of the Company, a contract was given to Guardwell Security Services Pvt. Ltd., New Delhi for the engagement of the security guards on contract labour. A written contract was executed in July 1989 and, upon the expiry of the contract, the security guards deployed by the contractors were withdrawn. The 46 security guards, being aggrieved by the alleged removal of their services, filed Writ Petition No. 12028 of 1991. During the pendency of the writ petition certain negotiations were held with the management and, a ...
Vineet Kumar S/O Sri Veer Singh Vs. State of U.P. and Amit Kumar S/O S ...
Court: Allahabad
Decided on: May-23-2007
Reported in: 2007CriLJ3891
Vinod Prasad, J.1. Vineet Kumar the revisionist is aggrieved by the two orders of even date 19.12.2003 passed by II Additional Sessions Judge, (Court No. 5) Bijnor in Criminal Misc. Application No. 8 of 2003 State v. Amit Kumar, declaring the accused respondent No. 2 Amit Kumar to be a juvenile under Section 14 of the Juvenile Justice (Care and protection of 1 Children) Act 2000 and granting him bail in S.T. No. 337 of 2002 Under Section 302, 34, 504, 506 I.P.C., P.S. Kotwali Dehat district Bijnor vide his Bail Application No. 1421 of 2003, Amit Kumar verus State, for the said offences.2. Prelude to the whole proceedings lies in a FIR (annexure No. 1) lodged by the revisionist Vineet Kumar on 4.4.2002 at 11.15 a.m. in respect of the murder of his brother Vinay Kumar alias Neetu, by Spade on the same day at about 9.30 a.m. by accused Amit Kumar respondent No. 2 alongwith Brijesh and Baljor as his socio criminises. The FIR of the revisionist was registered as Crime No. 116 of 2002 Under ...
Narendra Kumar Vs. Nagar Swasth Adhikari
Court: Allahabad
Decided on: May-23-2007
Reported in: 2008CriLJ1520
ORDERV.D. Chaturvedi, J.1. This Criminal Revision has been filed against the judgment and order dated 21-7-1986 passed by 3rd Addl. Sessions Judge, Agra in Criminal Appeal No. 11 of 1986 whereby he dismissed the appeal and upheld the trial Court's judgment dated 10-12-1985 whereby the revisionist was convicted under Section 7/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act) and was sentenced to 6 months R.I. with a fine of Rs. 1000/-. In default of payment of fine the revisionist was directed to undergo R.I. for 6 months further.2. The prosecution case is that on 7-6-1978 at about 8.15 p.m. P.W. 1, J.C. Dubey (Food Inspector) took the sample of the milk carried on bicycle by the revisionist. The public analyst reported the adulteration in the milk hence P.W. 1 J.C. Dubey, Food Inspector filed the complaint against the revisionist. The prosecution examined P.W.I J.C. Dubey and P.W. 2 Suresh Chand (Food Clerk), whereupon the revisionist was convicted and sen...
National Textiles Corporation Vs. Presiding Officer, Iv Labour Court a ...
Court: Allahabad
Decided on: May-23-2007
Reported in: [2007(114)FLR645]
Tarun Agarwala, J.1. Heard the learned Counsel for the petitioner.The respondent No. 2 filed a claim application under Section 33C(2) of the Industrial Disputes Act claiming difference of pay. The workman alleged that he was appointed as a Lower Division Clerk but was made to do the work of a cashier, and therefore, was entitled to be,, given the pay scale of a cashier.2. On the other hand, the employer denied the claim of the workman and' contended that the workman, as part of his job, was directed to handle the cash since there was no post of cashier. The labour Court, allowed the claim of the workman, holding that since the workman was doing the work of a cashier, he was entitled to be paid the wages of a cashier.3. The scope of Section 33C (2) was considered by a Constitution Bench of the Supreme Court in Central Bank of India Limited v. P.S. Rajagopalan etc. : 1963 (7) FLR 141 (SC) wherein, the Supreme Court held-In our opinion, on a fair and reasonable construction of sub-section...
Sunil Datt Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-23-2007
Reported in: [2008(116)FLR872]
Rajiv Sharma, J.1. A preliminary objection has been raised by the learned Standing Counsel that the cause of action does not arise within the territorial jurisdiction of this Court at Lucknow. He submits that the petitioner is working at Jaunpur, to which learned Counsel for the petitioner submits that admittedly the petitioner is serving at Jaunpur but the grievance of the petitioner is that he has not been paid salary by the State Exchequer and as such he has already preferred representation to the Secretary Education, Government of U.P., Lucknow for back wages.2. As such the cause of action has accrued within the territorial jurisdiction of the Lucknow.Learned Counsel for the petitioner submits that the petitioner is appointed as Lecturer in Logic in Janta Inter College, Barsathi, district Jaunpur on 28.8.2001. On 30.6.2001, the post of Lecturer Logic was fell vacant due to retirement of Sri Mahendra Nath Pandey which was advertised in the local newspaper. On 29.8.2001, the Committe...
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