Allahabad Court May 2007 Judgments
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Siddharth Rice Mills and ors. Vs. Bank of Baroda
Court: DRAT Allahabad
Decided on: May-17-2007
Reported in: I(2008)BC32
1. The respondent No. 1-Bank of Baroda instituted an Original Application No. 175 of 2002 under Section 19 of the RDDBFI Act, before D.R.T., Jabalpur for recovery of Rs. 38,61,829.33. The appellant-defendants contested the above Original Application filing their written statement challenging the claim of the respondent No.1-Bank. For the actual short controversy, raised in this case, we need not give the details of pleadings of both parties. In the written statement apart from other pleadings a pleading was raised that the officers of the Bank have acted in most mala fide and fraudulent manner on account of which irreparable loss had been sustained by the appellant-defendants as because of illegal and unauthorised fraudulent transfer of a sum of Rs. 10 lacs from cash credit account to the term loan account. The appellant-defendants pleaded that they had filed criminal complaint case against the Bank officer under Section 420 of the Indian Penal Code which was pending before competent ...
Allahabad Development Authority Through Its Secretary Vs. Presiding Of ...
Court: Allahabad
Decided on: May-17-2007
Reported in: [2007(114)FLR440]
Tarun Agarwala, J.1. By means of this writ petition the petitioner has challenged the validity and legality of the order passed by the Labour Court under Section 33C(2) of the Industrial Disputes Act.2. Briefly stated, the respondent No. 2 raised a claim alleging that he was appointed as a Steno on 18.12.1989 and that there were other Stenos who were performing similar duties as performed by the workman and whereas other stenos were being paid the wages @ Rs. 3245/- per month, the workman was only getting a fixed amount of Rs. 1200/- per month and therefore, the workman was entitled to receive the difference of wages amounting to Rs. 44,990/- for the period 1.1.1994 to 31.10.1995. The said application was opposed by the petitioner contending that the workman was never appointed as a Stenographer and that, the workman was appointed as a clerk on daily wages and that, he was paid the wages which was payable to a daily wager. The workman was never appointed as a Stenographer nor was he di...
The New India Insurance Co. Ltd. Through Its Branch Manager, Presently ...
Court: Allahabad
Decided on: May-17-2007
Reported in: 2007(3)AWC2761
Amitava Lala, J.1. This appeal has been preferred by the insurance company before this Court inspite of rejection of application under Section 170 of the Motor Vehicles Act, 1988 (hereinafter called as 'Act, 1988').2. We have already considered this issue in a judgment reported in 2007 (4) ADJ 101 (DB)Oriental Insurance Company Limited v. Smt. Manju and Ors. following the Supreme Court judgments that in such case no appeal shall lie unless, of course, a very specific ground of violation of policy is available under Section 149(2) of the Act, 1988.3. Learned Counsel appearing for the appellant has contended before this Court that there is breach of policy since the vehicle is a tractor, which was insured to carry out agricultural work allowing one person to be carried and so the extra premium has been paid, but since more than one passengers were occupying, the same was not used for agricultural purpose but was coming back after unloading the bricks.4. We do not find any evidence to est...
Bank of India Retired Employees Welfare Association Through Its Secret ...
Court: Allahabad
Decided on: May-17-2007
Reported in: [2007(115)FLR839]; (2008)ILLJ599All; 2008(1)SLJ486(NULL)
1. The petitioners have approached this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondent-bank to pay pension to the bank employees who have retired under, scheme of 1.11.2000, in terms of Pension Regulations as were in force on that date taking actual emoluments disbursed during preceding ten months prior to the retirement as basis thereof, which includes weigh tage of 5 years of additional service. They have further sought a writ of mandamus commanding respondents to award interest at the rate of 11% on 50% of ex-gratia amount invested in Fixed Deposit, interest at the rate of 18% on delayed payment of retiral benefits and to make available to all the bank employees retired under the scheme free medical reimbursement as was admissible under the Rules.2. Petitioner no. 1 is an association of Bank of India Retired Employees which is said to have been registered under Societies Registration Act, 1860. Petitioners no. 2 to 5 are the...
Kunwar Udai Raj Singh Gautam Son of Sri D.R.S. Gautam Vs. Appellate Au ...
Court: Allahabad
Decided on: May-17-2007
Reported in: [2008(116)FLR63]
Sunil Ambwani, J.1. Heard Shri Saish Chturvedi for M/s Display Devices Limited, A-41, 42/1, Site-IV, Industrial Area, Sahibabad, District Ghaziabad and Shri Y.K. Sinha for the workmen.2. The writ petition No. 43422 of 2006 arises out of an application filed by Kunwar Udai Raj Singh Gautam, the petitioner as Payment of Gratuity Act Case No. 47 of 2002 for payment of gratuity for M/s Uptron Colour Picture Tube Ltd. for the period prior to the date when lock out was declared in the factory and consequential termination of his services on 30.11.1994. He claimed Rs. 5,35,501/- towards gratuity for the period of service of 7 years 8 months on the last drawn wages of Rs. 7692/-. A written statement was filed by M/s BPL Display Devices Ltd. (former name M/s Uptron Colour Picture Tube Ltd.) with the objections that applicant was the employee of Uptron Colour Picture Tube Ltd., which was taken over by M/s BPL Display Devices Ltd. in terms of the rehabilitation scheme sanctioned by the Board of I...
Ravi Shanker Giri Vs. Sub-divisional Officer, U.P. Power Corporation L ...
Court: Allahabad
Decided on: May-17-2007
Reported in: 2007(4)AWC3934
Sushil Harkauli and Ajai Kumar Singh, JJ.1. The petitioner claims to be an advocate. He filed a Writ Petition No. 45429 of 2005, in which it was held that the petitioner is not the owner of the premises and the relief of directing U.P. Power Corporation Limited, Allahabad, to give temporary electricity connection to the petitioner in an accommodation of which he was not the owner, was denied. Special appeal against that order of the learned single Judge passed in Writ Petition No. 45429 of 2005 was dismissed on 16.8.2005 being Special Appeal No. 497 of 2005. The petitioner filed another Writ Petition No. 64347 of 2005, again seeking the grant of power connection. A Division Bench of this Court by order dated 4.10.2005, directed the Power Corporation to consider the petitioner's request for sanction of a domestic power connection.2. By the impugned order dated 17.11.2005, the Power Corporation has rejected the request of the petitioner on the ground (i) that the premises in which power ...
Oriental Insurance Co. Ltd. Vs. Shambhu Nath Yadav and anr.
Court: Allahabad
Decided on: May-17-2007
Reported in: 2008ACJ2599; 2007(4)AWC3758; [2007(114)FLR1179]
Amitava Lala, J.1. This appeal has been preferred by the insurance company under Section 30 of the Workmen's Compensation Act, (hereinafter referred to as the Act) challenging the award dated 15.5.2000 passed by the Commissioner. By the impugned award, a disabled person has been awarded a sum of Rs. 2,60,292 as compensation alongwith interest at the rate of 12% per annum treating his disability as 100%.2. No case has been made out by the appellant in the court below in connection with the applicability of the Schedule 1 Part II of Section 2(g) of the Act about disability. Such point has been raised by the appellant before this Court for the first time. The Tribunal has relied upon a four Judge's judgment of the Supreme Court, in the case of Pratap Narain Singh Deo v. Srinivas Sabata and Anr. : (1976)ILLJ235SC , wherein it has been held as under:5. The expression 'total disablement' has been defined in Section 2(1)(l) of the Act as follows:(l) 'total disablement' means such disablement ...
Commissioner of Income-tax Vs. D.P. Kanodia
Court: Allahabad
Decided on: May-17-2007
Reported in: [2008]296ITR616(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for opinion to this court:Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the reimbursement of medical expenses to an employee being the director of the company, is not 'perquisite' within the meaning of Section 17(2)(iii)(a) of the Income-tax Act, 1961?2. The present reference relates to the assessment year 1990-91.Briefly stated the facts giving rise to the present reference are as follows:The assessee an individual by status, is a director in a public limited company drawing salary of Rs. 24,000 per annum in addition to rent free accommodation and certain other perks.3. Due to heart ailment, the assessee was advised bypass surgery outside India. An expenditure of Rs. 4,75,009 was incurred on his surgery at Texas in U.S.A., which included cost of t...
Shiv Construction Company Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: May-17-2007
Reported in: (2008)14VST408(All)
Vikram Nath, J.1. Heard Sri S.D. Singh, learned Counsel for the applicant and learned Standing Counsel for the respondent.2. Both the above revisions arise out of the common order of the Tribunal dated March 26, 2004, whereby the appeals of the dealer for the assessment year 1994-95 (U.P.) and 1995-96 (U.P.) were dismissed affirming the order of the appellate authority dated March 16, 2002 rejecting the application for condonation of delay in filing the appeals and consequently the appeals also.3. The questions of law sought to be raised in these applications are as follows:(A) Whether the substantial right of appeal could be eclipsed on a delay of 18 days in filing the appeal before the Deputy Commissioner (Appeals)?(B) Whether the finding of the Tribunal that the delay was not satisfactorily explained is perverse?(C) Whether the finding of the Tribunal to disbelieve the explanation of delay is based on presumptions and conjectures?(D) Whether the finding of dismissal of appeal for de...
Smt. Saira Wife of Mohd. Ishaq Vs. Smt. Mariyam Wife of Abdul Sattar
Court: Allahabad
Decided on: May-16-2007
Reported in: AIR2007All179
Dilip Gupta, J.1. This Second Appeal has been filed by the plaintiff for setting aside the, judgment and decree passed by the learned 1st Additional District Judge, Jhansi by which the Civil Appeal has been partly allowed and the judgment and decree of the Trial Court has been modified.2. The plaintiff had filed the suit for partition of her 28/32 share in the disputed house alleging that Smt. Mariyam who was the exclusive owner of the house sold it to Sri Ved Prakash by a registered sale deed dated 1st March, 1950 and subsequently Sri Ved Prakash sold the house to the plaintiff Smt. Saira by a sale deed dated 24th May, 1971. The plaintiff afterwards came to know that the defendant Smt. Sakina had 4/32 share in the house by virtue of a decree passed in Suit No. 75 of 1960 and, therefore, she claimed partition of the house for her 28/32 share and for possession over that share.3. The case set up by the defendant was that the house belonged to her father Rasool Khan who after his death l...