Allahabad Court October 2008 Judgments
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Sanjeev Kumar S/O Sri A.R. Srivastava Assistant Engineer Vs. the State ...
Court: Allahabad
Decided on: Oct-20-2008
Reported in: 2009(1)AWC457
1. Heard Sri Umesh Narain Sharma, learned Senior Advocate assisted by Mr. Ajal Krishna for the petitioner.2. The only submission advanced on behalf of the petitioner is that Rule 9(4) of (Discipline and Appeal) Rules, 1999 (hereinafter referred to as '1999 Rules') provides that after recording its own reasoned finding on the charges on disagreement with the finding of the Inquiry Officer, the disciplinary authority shall furnish a copy of the inquiry report alongwith its findings to the delinquent employee, requiring him to submit his reply and after receiving the reply, if any, shall pass a reasoned order imposing punishment, if any. He submitted that a bare perusal of the impugned order of punishment dated 9.6.2004 (annexure 1 to the writ petition) shows that ex facie it is unreasoned and non-speaking order and, therefore, is in breach of Rule 9(2) and (4) of 1999 Rules.3. Learned Standing Counsel on the contrary submitted that the order dated 9.6.2004 must be read along with the rea...
Munna Lal Vs. Iind Additional District Judge/Fast Track Court and anr.
Court: Allahabad
Decided on: Oct-20-2008
Reported in: 2009(1)AWC121
V.K. Shukla, J.1. Munna Lal son of Ram Charan Agarwal, landlord has filed present writ petition questioning .the validity of the order dated the.2003 passed by the Additional Blstrict Judge Fast Tract Court No. 11, Jalaun, at Orai allowing tenant's appeal preferred under Section 22 of U. P. Act No. 13 of 1972 arising out of the order dated 15.10.1998 passed by the prescribed authority in P.A. Case No. 6 of 1994 Munna Lal v. Madan Lal in proceedings under Section 21 (1)(a) of U. P. Act No. 13 of 1972.2. Brief facts giving rise to the instant writ petition in brief is that petitioner is landlord of shop in question which is subject-matter of dispute in the present writ petition which was let out to Madan Lal at the rate of Rs. 75 per month, subsequently enhanced to Rs. 200 per month. Release application was filed under Section 21(1)(a) of U. P. Act No. 13 of 1972 by the landlord against the tenant in question for vacating the shop in question, setting up need for settlement of his unempl...
In Re: Kanan Steels Ltd.
Court: Allahabad
Decided on: Oct-20-2008
Reported in: [2009]90SCL127(All)
Sunil Ambwani, J.1. The matter was registered on a reference received from Board for Industrial and Financial Reconstruction (BIFR) recommending that M/s. Kanan Steels Limited be wound up under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985.2. It is reported that an appeal was filed before Appellate Authority for Industrial & Financial Reconstruction (AAIFR), New Delhi, and the matter was adjourned from time to time Shri Amit Negi had informed the Court earlier, that the appeal was dismissed by the AAIFR on 19-7-2005. Since thereafter the proceedings are being adjourned for one reason or other.3. Shri Atul Dayal had sent an illness slip on 25-2-2008 and thereafter no one appeared on 13-2-2008. Today again when the matter is listed, a mention was made that Shri Atul Dayal is not well. Shri L.M. Singh appearing along with him has not cared to appear in the matter.4. It is very often found by the Court that after the recommendations of the BIFR to wind up th...
Smt. Neelima Srivastava W/O Sri Sunil Kumar Srivastava Vs. State of U. ...
Court: Allahabad
Decided on: Oct-17-2008
Reported in: 2009(1)AWC119
Tarun Agarwala, J.1. In spite of a stop order, no counter affidavit has been filed. The petitioner alleges that his financial power was ceased by the impugned order by 25.7.07. Nearly 15 months have elapsed and no inquiry has been initiated or completed under Section 95(1)(g) of the U.P. Panchayat Raj Act read with the Rules of 1997.2. A Pradhan is an elected functionary and has been given a constitutional status by virtue of Part IX of the Constitution of India, as inserted by the 73rd Amendment Act, 1992. Article 243G of the Constitution endows the Panchayat with such power and authority as may be necessary to function as institution of self government. Various provisions of the U.P. Panchayat Raj Act would reveal that the Gram Pradhan is an integral constituent of the Gram Panchayat and has a pivotal role to play and exercises certain powers to discharge his constitutional functions. Such exercise of powers cannot be whittled by an executive order by an authority who functions on th...
Rajesh Kumar Srivastava S/O Ram Bali Srivastava and ors. Vs. State of ...
Court: Allahabad
Decided on: Oct-17-2008
Reported in: 2009(1)AWC239(All)
V.M. Sahai and Pankaj Mithal, JJ.1. Under challenge in this special appeal is the judgment and order of the learned single Judge dated 29.4.2007 passed in Civil Misc. Writ Petition No. 3790 of 2004, Rajesh Kumar Srivastava and Ors. v. State of U.P. and Ors. concerning selection and appointment of class - IV employees and a driver of the judgeship of the district Kaushambi. The writ petition of the appellants herein was dismissed by the learned single Judge and the selection of the respondents No. 4 to 25 was held to be valid.2. Two separate advertisements were issued by the District Judge, Kaushambi on 28.5.2003. The first advertisement, apart from inviting applications for the posts of Stenographers and Clerks, sought to fill up 21 posts of class - IV employees. The second advertisement was in respect of a solitary post of driver.3. The advertisement for the post of class - IV employees provided that the 'minimum qualification for applying for the said post is class - VIII pass or an ...
In Re: Bpl Display Device Ltd. (Erstwhile Uptron Colour Picture Tube L ...
Court: Allahabad
Decided on: Oct-17-2008
Reported in: [2009]150CompCas280(All)
Sunil Ambwani, J.1. Heard Shri Navin Sinha, Senior Advocate assisted by Shri Vipin Sinha for the Assets Reconstruction Company (India) Ltd. (ARCIL); Shri Rajnath N. Shukla for the Official Liquidator; Shri V.M. Zaidi tor ex-directors of the company. Shri Shyam Naiain, Shri P.K. Sinha and Shri Sudhanshu Narain for BPL Display Devices Limited Workers Union; Shri Shahid Masood for the workmen (140), who were the employees of Uptron Colour Picture Tubes Ltd. taken over by BPL Display Deuces Ltd.; Shri S.K. Misra for Central Excise Department of the Central Government and Shri K.K. Chawla, Accounts Assistant, who claims to be member of the core group of employees formed by M/s BPL Display Devices Ltd.2. The Asset Reconstruction Company (India) Ltd. (ARCIL) is a company established to acquire non-performing assets of the financial institutions and banks with the objective of focused management of such assets and to maximize the recovery, for the secured creditors. The ARCIL is registered wit...
Mahipal Son of Chhidda Vs. State of U.P.,
Court: Allahabad
Decided on: Oct-17-2008
Reported in: 2009CriLJ983
Vijay Kumar Verma, J.1. The following three cardinal questions fall for consideration in this revision, which has been preferred under Section 397 of the Code of Criminal Procedure (in short, 'the Cr.P.C.') against the order dated 13.05.2008 passed by Sri S. N. H. Zaidi, the then Special Judge/Sessions Judge, Gautam Budh Nagar in criminal misc. case No. 5 of 2008 (Mahipal v. Suresh Chand Badhautiya and Anr.), whereby the application moved by the revisionist (herein-after to be referred as 'the applicant') under Section 156(3) Cr.P.C. has been rejected:(i) Whether the Special Judge can order for registration of FIR and its investigation on the application under Section 156(3) Cr.P.C. containing the allegations of committing the offence under the Prevention of Corruption Act (in short, 'the P.C. Act')(ii) Whether the Special Judge under the P.C. Act can take cognizance of the offences under this Act on private complaint. (iii) Whether the application under Section 156(3) Cr.P.C. disclosi...
Kisan Education Society (Registered) Through Its President, Manoj Pal ...
Court: Allahabad
Decided on: Oct-17-2008
Reported in: 2009(2)AWC1379
Tarun Agarwala, J.1. Heard Sri Shashi Nandan, the learned Senior Counsel assisted by Sri A.C. Srivastava, the learned Counsel for the petitioner and Sri R.K. Chaubey, the learned standing Counsel who was directed to assist the Court.2. The petitioner, Kishan Education Society is a Society registered under the Societies Registration Act and, one of its object is, to establish an educational institution. For this purpose, the Society purchased 1.054 Hectares of land in plot No. 26 situated in village Jurranpur, Pargana, Tehsil and District Meerut vide a sale-deed dated 27.7.2006 for a sum of Rs. 30,32,240/-. Based on the said sale-deed, the name of the Society was mutated in the revenue records.3. Before the project for construction of an educational institution could start on the plot in question, it is alleged that the Meerut Development Authority earmarked the said plot as a green belt in the Master Plan of 2001, which became effective from 23.10.2008 and consequently, the plot purcha...
Smt. Ranjana Kakkar Wife of Late Prof. Amarnath Kakkar Vs. the State o ...
Court: Allahabad
Decided on: Oct-17-2008
Reported in: [2008(119)FLR978]
Sunil Ambwani and Dilip Gupta, JJ.1. Heard Shri Gaurav Kakkar, learned Counsel for the petitioner. Learned Standing Counsel appear for the State respondents. Shri. P.S. Baghel has led appearance on behalf of University of Allahabad and has filed a counter affidavit.2. This writ petition raises an important question of law. as to whether the option of an employee, who had in terms of Government Order dated 24.12.1983, opted to continue in service upto the age of 60 years, instead of 58 years as a teacher in the University, and had given up of his rights to receive Death-cum-Retirement Gratuity (D.C.R.G.) by exercising option after depositing the Contributory Provident Fund will continue to bind him posthumously if he does not survive to avail (he benefit to continue in employment upto 60 years.3. Brief facts giving rise to this writ petition are that late Shri Amar Nath Kakkar born on 6.3.1946 was appointed as Lecturer, Department of Defence Studies in the University of Allahabad on 28....
Manoj Kumar Gautam Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-17-2008
Reported in: 2009CriLJ3176
ORDERR.M. Chauhan, J.1. Applicant Manoj Kumar Gautam, Inspector Railway Police Force, Etawah has moved this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for setting aside order dated 27th May 2008 passed by the opposite party No. 2 Additional Chief Judicial Magistrate, Railways, Allahabad (in short 'the Magistrate') and to quash further proceedings of Criminal Case No. 3136 of 2008 (State v. Manoj Kumar Gautam) arising out of the aforesaid order pending in the court of the learned Magistrate.2. The relevant facts giving rise to the present application may be briefly stated as under:3. Accused Peer Bux, s/o Mauli Bux aged about 50 years, r/o Shastri Nagar, Ward No. 2, Dibiyapur, P.S. Dibiyapur, District Auraiya was arrested by the RPF, Phaphoond, District Auraiya on 21-9-2007 as he was found in unlawful possession of 72 Distribution Valves (DVs) an important accessory to the rail. Consequently, a case under Section 3 R.P.U.P. Ac...
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