Allahabad Court January 2008 Judgments
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Union of India (Uoi) Through General Manager, Northern Railway Vs. Smt ...
Court: Allahabad
Decided on: Jan-29-2008
Reported in: 2009ACJ1630; 2008(2)AWC2081
Amitava Lala, J.1. This appeal is arising out of an order of the Railway Claims Tribunal. Gorakhpur Bench, dated 12th October, 2007. By the order impugned the Tribunal allowed compensation of Rs. 4,00,000/- to the claimants on account of death of the deceased. The deceased was a police personnel, who was travelling by train having valid ticket. The Tribunal gave the following finding in coining to the conclusion:6.1 Original ticket for journey has been filed. It is for the correct stations and dale as per application. Ticket was found from the person of the deceased. Although, respondent stated 'hat its genuineness was to be proved by applicant, tribunal carina, accept this plea. Original ticket was filed on 15.5.2004 and respondent could very well have checked it up to 12.6.07 most diligently. In absence of any specific defence by respondent, the deceased is held to be a bonafide passenger at the time of untoward incident.6.2 Deceased fell down from train due to pushing by other passe...
Daya Shanker Yadav Son of Mukut Nath Yadav Vs. State of Uttar Pradesh ...
Court: Allahabad
Decided on: Jan-28-2008
Reported in: AIR2008All109; 2008(1)AWC801
Sudhir Agarwal, J.1. Aggrieved by recovery certificate dated 30.9.2007 issued by Taxation Officer, Mahrajganj for recovering a sum of Rs. 5,50,349/- from the petitioner towards passenger tax/additional tax and penalty for the period 1.1.2005 to 30.9.2007 and 1.3.2004 to 30.9.2007 in respect to vehicle No. UHX 0328 (Bus), the petitioner has come up in this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the said recovery certificate. He has also sought a writ of mandamus, commanding the respondents to decide his application dated 16.12.2007 for recalling the ex parte order.2. The petitioner is owner of a bus bearing the aforesaid number which was granted a permanent stage carriage permit on route 'Khanuwa-Nautanwa-Thunthibari via Bhagwanpur', which was valid from 24.5.2000 to 23.5.2005. It is said that the vehicle completed 20 years of age on 25.3.2005 and, therefore, the petitioner sold it to a Kabari on 1.4.2005 and intimated abou...
Surya Prakash Dwivedi S/o Vikramaditya Dwivedi Vs. State of U.P. throu ...
Court: Allahabad
Decided on: Jan-28-2008
Reported in: 2008(2)AWC1142
Sunil Ambwani, J.1. Heard learned Counsel for the petitioner. Sri Girish Kumar Singh appears for contesting respondent. Learned Standing Counsel appears for state-respondents.2. The petitioner along with four other members of the Gram Sabha, Ram Nagar, presented a motion to the District Panchayat Raj Officer, Pilibhit to convene a meeting to consider a no confidence motion' vide notice dated 2.11.2007 signed by 1189 members of Gaon Sabha. The District Panchayat Raj Officer nominated the District Horticulture Officer, Pilibhit to verify these signatures. He made a proclamation by beat of drums in the village on 12.11.2007 calling the villagers to assemble on 14.11.2007 for verifying the signatures. The District Horticulture Officer found that 913 persons/villagers did not appear to verify their signatures and thumb impressions, and that 16 persons present expressed their doubts over the signatures/thumb impressions. On the next day, on 15.11.2007, on receiving the report, the District P...
Lallu Ram Son of Sri Ram Sewak, Vs. State of U.P. Through Principal Se ...
Court: Allahabad
Decided on: Jan-28-2008
Reported in: 2008(2)AWC1176
Tarun Agarwala, J.1. Heard Sri Ashok Khare, the learned Senior Counsel appearing for the petitioner and the learned Standing Counsel for the respondents. The petitioners are aggrieved by the orders dated 08.09.2006 and 29th January, 2007, passed by the Director of Education (Higher Education) Uttar Pradesh, Allahabad, by which their representation has been rejected and their appointment as Class IV employees has been held to be illegal and void.2. The brief facts leading to the filing of the writ petition is, that there exists a government degree college known as Smt. Indira Gandhi Government Degree College in Lalganj in the district of Mirzapur (hereinafter referred to as the college), in which the service conditions of the teachers along with non-teaching staff are governed by the provisions of the Uttar Pradesh Higher Education Services Commission Rules and the Act. It transpires that the Government of Uttar Pradesh issued an order dated 18th March, 2005 taking a policy decision to ...
Laxman Vs. Smt. Savita Devi and anr.
Court: Allahabad
Decided on: Jan-28-2008
Reported in: AIR2008All140; 2008(2)AWC2068
Amitava Lala, J.1. This appeal arises out of judgment and order dated 16th July, 2007 passed by Additional District Judge, Bijnor in Original Misc. Suit No. 43 of 2003 under Section 7 of the Guardians and Wards Act, 1890. The appeal is heard at the stage of admission on informal papers by the consent of the parties since no other material is necessary for such hearing. In the court below, an application was made by the grandfather of the child for the purpose of keeping minor child Nitin Kumar aged about 12 years in his custody. Nitin Kumar is son of one Mr. Ashok Kumar, since deceased and Smt. Savita Devi, respondent No. 1 herein. Mr. Ashok Kumar was an army man and expired in Kargil War. By the death Smt. Savita Devi, mother of the child got compensation of a sum of Rs. 30 lakhs. Out of the said sum, she deposited a sum of Rs. 10 lakhs in a nationalised Bank in the name of her minor child for his benefit. Out of balance Rs. 20 lakhs, Rs. 9 lakhs was deposited in the same nationalised...
University of Allahabad Through Its Registrar, Dr. U.S. Rai Vs. Sant L ...
Court: Allahabad
Decided on: Jan-25-2008
Reported in: [2008(117)FLR221]
Vineet Saran, J.1. The writ petitioners (Respondents No. 1 to 27 herein) are all employees of hostel wing of William Holland University College of appellant University and have been working there since long, on payment of fixed monthly salary. Besides its hostel wing, the William Holland University College had a tutorial wing, which is stated to have been closed down long back. The claim of the writ petitioners is that they should be paid the same salary as is being paid by the Allahabad University since 1996 to their counterpart employees in the hostel wing of Madan Mohan Malviya University College (known as and hereinafter referred to as the Hindu Hostel). With regard to such grievance the writ petitioners had filed several representations to the University as well as the State Government, pursuant to which the State Government rejected their claim vide order dated 27.6.2002. The writ petitioners thus filed writ petition No. 15395 of 2002 challenging the order dated 27.6.2002 of the ...
Smt. Chandra Dickshit Widow of Late Gauri Dickshit Vs. Smart Builders ...
Court: Allahabad
Decided on: Jan-25-2008
Reported in: 2008(2)AWC1893
H.L. Gokhale, C.J.1. Civil Misc. Application No. 467 of 2007 was filed by the applicant-Smt. Chandra Dickshit at Lucknow, to recall the order dated 16.3.2007, passed by the learned designated Judge at Lucknow appointing an Arbitrator in the Arbitration Petition No. 11 of 2006, filed by the respondent-M/s Smart Builders. The said recall application was directed to be heard at Allahabad along with other review applications in other matters. After the recall application was transferred to Allahabad, a third party-M/s Bantus Designers & Builders Pvt. Ltd. have filed another application, bearing No. 220578 of 2007 in this matter also praying that the order dated 16.3.2007 be recalled and that M/s Bantus Designers & Builders Pvt. Ltd. be directed to be impleaded as opposite party to the arbitration petition.2. Shri H.S. Jain, learned Advocate has appeared for the applicant-Smt. Chandra Dickshil. Mr. Prashant Chandra, learned Senior Advocate, appears for the respondent/M/s Smart Builders and ...
Manish Engineering Enterprises Vs. the Managing Director, Indian Farme ...
Court: Allahabad
Decided on: Jan-25-2008
Reported in: AIR2008All56; 2008(3)ARBLR110(All)
H.L. Ghokhale, C.J.1. This is a miscellaneous application made by the applicant-Engineering Company, seeking to review/recall the order dated 22.9.2006, passed by the then Hon'ble Chief Justice of this Court (A.N. Ray, C.J.) on an application tiled by the respondents-Indian Farmers Fertilizer Co-operative Limited (in short 'IFFCO'). The application was moved in applicant's Arbitration Application No. 41 of 2002. which sought to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act. 1996 (hereinafter referred to as the Act), to decide their money claim against the respondents. The said order dated 22.9.2006 allowed the review application filed by the respondents-IFFCO, which sought review/recall of the order dated 19 5.200, which recalled the order order dated 24.2.2006. By the earliest mentioned order dated 24.1.2006, the main Arbitration Application bearing No. 41 of 2002 filed by the applicant herein was rejected by the learned Chief Justice. The order dated ...
Smt. Indirawati Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-25-2008
Reported in: 2008(2)AWC1180
ORDERAnjani Kumar and Rakesh Sharma, JJ.1. Heard counsel for petitioner and learned standing counsel for respondents.2. By means of this petition, petitioner has claimed the relief of convening of a meeting of Kshettra Panchayat on the basis of a requisition, which according to the petitioner, has been given to the District Magistrate concerned and thereupon as contemplated under Sub-section (3) of Section 15 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam the District Magistrate has convened a meeting of Kshettra Panchayat fixing 5th November, 2007 as the date oft meeting.3. It is further asserted by the petitioner that pursuant to the aforesaid notice, in fact, no meeting of Kshettra Panchayat has taken place. Therefore, a prayer is made that the District Magistrate may be directed to convene a meeting afresh on the basis of requisition already made.4. We are of the opinion that the requisition exhausted once the Collector convenes a meeting as contemplated under Sub-sect...
Jitendra Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-25-2008
Reported in: 2008(2)AWC2067
ORDERSunil Ambwani, J.1. Heard learned Counsel for the petitioner and learned standing counsel.2. The petitioner claims to be validly appointed on the post of Lecturer (Economics) in Inter College, Tarighat, Distt. Ghazipur vide order dated 27.12.1992 and joined the institution on 1.1.1993. He alleges that he is continuously working but has not been paid salary. He filed a Suit No. 188 of 1997 in the Court of Civil Judge (S.D.) in which a mandatory injunction was issued passed on 22.8.1998 directing that the salary be paid to the petitioner. A similarly situate person namely Ram Narain Tiwari appointed in the same institution also filed a suit and in which same orders were passed. Whereas Shri Ram Narain Tiwari has been paid salary, nothing was paid to the petitioner.3. The petitioner approached the District Inspector of Schools, Ghazipur/Information Officer under the Right to Information Act, 2005 demanding reply to the questions with regard to (1) progress report on his application; ...
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