Allahabad Court August 2007 Judgments
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Awadhesh Badhauliya Alias Tarun Vs. Additional District Judge/Special ...
Court: Allahabad
Decided on: Aug-14-2007
Reported in: 2008(2)AWC1718
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. Respondents landlord filed S.C.C. Suit No. 5/1987 for arrears of rent, which is said to be due and for ejectment against the tenant.3. The prescribed authority by order dated 18.8.1998 dismissed the said suit holding that U.P. Rent Control (Regulation, Letting and Eviction) Act, 1972 is not applicable on the basis of finding that the building was constructed in 1976.4. Aggrieved by the order dated 18.8.1998, the landlord filed Revision No. 11 of 1998, which was allowed on the ground that the prescribed authority has committed error in law in holding that Provisions of Act No. 13 of 1972 are not applicable.5. The revisional court relied upon the case of Virendra Prasad Nlgam v. Kalika Swaroop 1999 (36) ALR 67 : 1999 (4) AWC 3597, in which it was held that the date of construction of building, which should have been from the date of earning of the building or its completion of building.6. On remand, the Rent Control and Evictio...
Smt. Alina Paul Vs. Mohan Lal
Court: Allahabad
Decided on: Aug-14-2007
Reported in: 2008(1)AWC723
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner and learned standing counsel.2. The petitioner has prayed for writ in the nature of certiorari quashing the judgment and decree dated 3.4.2006, passed by Judge Small Causes Court, Agra in S.C.C. Suit No. 226 of 1993, Sri Mohan Lal v. Smt. Alina Paul as well as for quashing of the judgment and order dated 28.4.2007, passed by Additional District Judge/Special Judge, S.C. and S.T. Act, Agra in S.C.C. Revision No. 19 of 2006, Smt. Alina Paul v. Sri Mohan Lal.3. A further prayer has been made in the nature of mandamus commanding the respondent not to evict the petitioner from the premises in question till the pendency of the writ petition.4. Briefly stated facts of the case are that plaintiff/defendant Mohan Lal is the owner and landlord of House No. 59/103-C, Ajit Nagar, Gate Kheria Road, Agra. The plaintiff/respondent instituted suit No. 226 of 1993 on 17.11.1993 for a decree of rent and eviction and in addition to a decree for...
Sct Limited Through Mr. P.K. Chhabra, General Manager Vs. State of U.P ...
Court: Allahabad
Decided on: Aug-13-2007
Reported in: [2007(115)FLR111]; (2008)ILLJ191All
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against order of the Governor making suo motu reference dated 12.6.2002 to Labour Court I U.P. Ghaziabad to decide that as to whether the action of the petitioner employer terminating the services of its 51 employees from different dates was valid or not. The names of employees and dates of termination of their services were mentioned in the annexure to the referring order. The reference was made under Section 4-K of U.P. Industrial Disputes Act.3. The respondent No. 3 i.e. Engineering Kamgar Union 234 Laljhanda Bahwan Ambedkar Road, Ghaziabad through its Secretary filed application on 16.3.2001 before Deputy Labour Commissioner, Ghaziabad complaining that on 16.3.2001 the management did not permit the employees to join their duty. Thereafter another application on 16.4.2001 was filed for payment of wages under U.P. Industrial Peace (Timely Payment of Wages) Act 1978 complaining that workers whose n...
Rajdeo Pathak Son of Sri Deoki Nandan Pathak Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2008(2)AWC1790; [2007(115)FLR199]
D.P. Singh, J.1. Heard learned Counsel for the petitioner, learned Standing Counsel for respondent No. 1, Shri Yashwant Verma for respondent Nos. 2. 3 and 4 and Shri Vijay Singh for respondent No. 5.2. Pleadings are complete and the counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.3. In pursuance of an advertisement dated 22.11.2004 inviting applications for recruitment to Class III post in the Judgeship at Banda, the petitioner along with several other applied, the petitioner having cleared his when and other examination was selected and an appointment letter dated 17.1.2005 was issued and started to draw his salary. After about two years he was intimated by the Civil Judge vide his order dated 23.12.2006 that on the basis of a complaint raised by one of his Uncles, an enquiry has been ordered and he should participate in the enquiry The petitioner submitted his reply and the Enquiry Officer submitted his report to the District J...
Uttar Pradesh State Road Transport Corporation, Jhansi Region Through ...
Court: Allahabad
Decided on: Aug-13-2007
Reported in: [2007(115)FLR371]
Tarun Agarwal, J.1. By means of this petition, the petitioners have challenged the validity and legality of the award passed by the labour court under Section 6F of the U.P. Industrial Disputes Act. The facts leading to the filing of the writ petition is, that the workman was working as a conductor and was suspended on the basis of an inspection being made, wherein 14 passengers were found to be travelling on a bus without a ticket. The workman was charge-sheeted. An enquiry officer was appointed to conduct the domestic enquiry. The enquiry officer submitted a report holding that the charges against the workmen stood proved. The management issued a show cause notice to show cause why the services of the workman should not be terminated. Subsequently, the management by an order dated 28.11.1992 terminated the services of the workman.2. The workman, being aggrieved by the action of the management, filed an application under Section 6-F of the U.P. Industrial Disputes Act before the labou...
Surya Deo Rai S/O Late Gampat Rai, Lecturer Arts Smith Inter College V ...
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2008(1)AWC553
Arun Tandon, J.1. Heard Sri J.P. Singh, Advocate on behalf of Surya Deo Rai, Sri S.P. Singh, Advocate on behalf of Devendra Nath Chaturvedi, Sri S.P. Pandey, Advocate on behalf of Ram Ashray Singh and learned Standing Counsel on behalf of State.Since the basic facts, relevant for the dispute and the legal aspects involved are identical in all these writ petitions, they are being decided by this common judgement. The facts on record of Civil Misc. Writ Petition No. 52541 of 2005 are being stated for the purposes of present judgement treating the same to be the leading case.Civil Misc. Writ Petition No. 52541 of 2005:2. Smith Inter College Azamgarh is an institution recognised under the provisions of U.P. Intermediate Education Act, 1921. The provisions of the said Act, Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971, and those of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the te...
Oriental Fire and General Insurance Company Through Its Divisional Man ...
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2009ACJ901; 2008(1)AWC188
Prakash Krishna, J.1. All the three appeals were heard together and are being disposed of by a common judgement as common questions of law and facts are involved. These appeals arc under Section 110-D of Motor Vehicles Act 1939.On 15th of March, 1984 in a collision in between Bus No. USI 9813 and Bus No. DLP 1231, one Ajay Sharma and his sister Smt. Madhu Shukla lost their lives and husband of Madhu Shukla i.e. brother in law of Ajay Sharma received injuries. Parents of Ajay Sharma filed claim petition No. 23 of 1984 giving rise to the First Appeal From Order No. 336 of 1998. These persons were travelling in Bus No. USI 9813. The claim petition was filed by the parents of Ajay Sharma on the pleas inter alia that the driver of the Bus No. USI 9813 in which Ajay Sharma was travelling from Moradabad to Rampur side was driving it rashly and negligently. When the Bus reached near village Kunda about 6 Kilometres away from Rampur towards Moradabad, the Bus No. DLP 1231 came from Rampur side ...
Chhotey Lal Vs. Up-ziladhikari and ors.
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2007(4)AWC4076
ORDERS.U. Khan, J.1. This writ petition was finally decided by me on 17.5.2007 alongwith Writ Petition No. 39677 of 1997. I directed that the pond comprised in plot Nos. 268, 269, 270 and 646 total area 1.781 hectares shall be auctioned for fisheries purposes for ten years after due advertisement and all efforts must be made to let out the pond, at least for Rs. 18,000 per year. Thereafter an application was filed by respondent No. 5 in this writ petition, Ramroop Nishad on 10.7.2007 for recalling the order dated 17.5.2007. It was stated in the said application that the auction was scheduled to be held on 31.7.2007. I passed an order on 12.7.2007 on the said application directing that the auction should take place on the date already fixed and applicant, i.e., respondent No. 5 Ramroop Nishad, should be permitted to participate in the auction. Thereafter, learned standing counsel filed affidavit of Tehsildar sworn on 1.8.2007. In the said affidavit, it was mentioned that the pond has be...
Ram Barai Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2008(2)AWC1675; III(2008)BC175
S.U. Khan, J.1. List revised. No one is present on behalf of the auction purchaser, respondent No. 5. Heard learned Counsel for the petitioner as well as learned standing counsel for the respondents No. 1 to 3 and 6. Learned standing counsel for respondent No. 4 Union Bank of India is also not present.2. Petitioner took some loan for purchasing a tractor from respondent No. 4, Union Bank of India, Jangipur Branch Ghazipur. Petitioner defaulted in payment of instalment of loan, hence, recovery certificate was issued by the bank to the Tehsil authorities who in turn issued citation. Thereafter, according to the petitioner, he cleared all the dues on 14.6.1990 by paying balance amount to the Amin. It has further been stated that some excess amount had also been paid by the petitioner which was to the tune of Rs. 354.92. The said amount of Rs. 354.92 remained over paid as rebate of Rs. 10,000 was granted to the petitioner.3. The agricultural property of the petitioner was auctioned on 22.8...
Chhedilal and Anr. Vs. Rajaram (deceased) through his L.R's. and Anr.
Court: Allahabad
Decided on: Aug-13-2007
Reported in: 2008(2)AWC1705
Pankaj Mithal, J.1. The defendants-appellants have preferred this appeal against the judgment, order and decree dated 15.1.1975, passed in Civil Appeal No. 316 of 1963, arising from Original Suit No. 806 of 1970, between Rajaram and Anr. v. Municipal Board, Mauranipur and Ors. and has prayed that the impugned judgment, order and decree of the lower appellate court be set aside and that of the trial court be restored.2. Before adverting to the factual matrix of the present case, it is proper and relevant to point out that previously the present plaintiff-respondent No. 1 Rajaram had filed another Suit No. 1089 of 1966 against the present defendants-appellants for permanent injunction restraining them from operating the oil expeller (kollhu) and the flour mill (chakki) from the ahata in question on the ground that it created public nuisance. The said suit was re-numbered as Original Suit No. 32 of 1969 and af^et contest was dismissed by the judgment and order dated 30.7.1971.3. It was he...
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