Allahabad Court February 2008 Judgments
In Re: Raj NaraIn Pratap NaraIn Rolling Enterprises (P.) Ltd.
Court: Allahabad
Decided on: Feb-29-2008
Reported in: [2009]89SCL17(All)
ORDERRajes Kumar, J.1. This is a confirmation petition for the sanction of the scheme of arrangement.2. M/s. Raj Narain Pratap Narain Rolling Enterprises Private Limited is a company incorporated under the Indian Companies Act, 1956 having its registered office at Mathura Road, Artoni, Agra. The said company was incorporated on 24th day of November, 1972 and became a deemed public company under Section 43A(2) of the Companies Act with effect from 22-1-1988. It has got two businesses, one is flour mill and other a Cinema Hall by the name of Ajanta Cinema, Agra. The Board of Directors of the company in their meeting held on 12-11-2007 approved the arrangement by way of proposed scheme of Demerger and a resolution was passed by the Board of Directors in this regard. The resolution of Board of Directors is Annexure-E to the Company Application No. 14 of 2007. By this scheme of arrangement, they have proposed to demerger the business of Cinema Hall and merged with the Company AARA Agro Priv...
Tag this Judgment!Gobari Yadav S/O Shri Hole Mani Yadav and Raja Ram Yadav S/O Shri Kawa ...
Court: Allahabad
Decided on: Feb-29-2008
Reported in: [2009(121)FLR540]
B.S. Chauhan, J.1. The appellants preferred the writ petition, which has given rise to this Special Appeal. claiming payment of salary as Peon in an Intermediate College, which is duly recognised and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder read with U.P. Act No. 14 of 1974 (Payment of Salary Act). The claim was founded on the strength of letters of appointment which are annexures 1 and 2 respectively to the writ petition. The said letters of appointment are stated to have been issued by the Principal of the institution, who is the Appointment Authority. The matter was taken up by the District Inspector of Schools at the time of grant of financial sanction on which a query was raised by the District Inspector of Schools calling upon the Principal to furnish the documents including the relevant certificates which were necessary for the purposes of verifying the correctness or otherwise of the qualifications of the cand...
Tag this Judgment!BenjamIn Jacob Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-29-2008
Reported in: [2008(117)FLR692]
Yatindra Singh and Ran Vijay Singh, JJ.1. The petitioner was working in the Railway as class 'C' employee. He was on deputation to Iraq from 19.5.1988 to 7.6.1990. During this period, the Railways conducted Limited Group Service Examination (LGSE) and Limited Departmental Competitive Examination (LDCE) for promotions to class 'B' service. The petitioner was not informed about these examinations and when he came back, he filed an application on 17.8.1990 for holding supplementary examination. This application was rejected on 8.6.1992. He filed an application before the Central Administrative Tribunal. It was rejected on 6.1.2000. Hence the present writ petition.2. We have heard Counsel for the petitioner and Sri Govind Saran for the respondent. The 75% of the vacancy in the traffic cadre is filled through LGSE examination. In these examination, candidate; three times the number of vacancies are called. The petitioner was not in this list and was not eligible. There is no illegality in n...
Tag this Judgment!Brij Kishore Tripathi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-29-2008
Reported in: [2008(118)FLR919]
Tarun Agarwala, J.1. The list has been revised. Learned Counsel for the respondent No. 7 is not present.2. Heard Sri Ashok Khare, learned Counsel appearing for the petitioner, assisted by Shri Sunil Kumar Srivastava, learned Standing Counsel appearing for respondent Nos. 1, 3, 4 and 5 and Shri A.K. Yadav, learned Counsel for respondent No. 2.3. In the institution known as Chacha Nehru Smarak Inter College, Govind Nagar, Kanpur Nagar, there are six sanctioned posts of lecturers, and admittedly, five posts have already been filled up by direct recruitment. The sixth post was obviously required to be filled up by promotion in the promotion quota, which became vacant on 30th June, 2000, but the vacancy was intimated to the Selection Board by the District Inspector of Schools on 30th December, 2005. The Selection Board pursuant to the advertisement of 2004 had directed the Committee of Management of this institution to appoint respondent No. 7 as a Lecturer in Hindi. The petitioner, being a...
Tag this Judgment!inder (Deceased) S/O Mahesh and ors. Vs. Gujrati Widow of Buddhu Yadav ...
Court: Allahabad
Decided on: Feb-28-2008
Reported in: 2008(2)AWC1917
Shiv Charan, J.1. The instant second appeal has been instituted against the judgement and decree dated 28.9.2007 passed by Addl. District Judge Court No. 2 Jaunpur in Civil Appeal No. 76 of 1995 Inder (deceased) Shiv Shankar and Ors. v. Gujrati and Ors. By the impugned judgement and decree the appellate court dismissed the appeal of the appellant with cost.2. The present appellant instituted Original Suit No. 221/87 Inder v. Gujrati for cancellation of sale deed dated 6.11.86 executed by defendant Gujrati in favour of defendant No. 2 Kailash. A pedigree was given in the plaint and according to this pedigree Buddhu Yadav was recorded Bhumidhar of the property described at the foot of the plaint. Defendant No. 1 Smt. Gujrati is the wife of Buddhu Yadav. That the plaintiff Inder was looking after the welfare of Buddhu Yadav and he was living with the plaintiff Inder. And that Buddhu was extremely happy with the service rendered by the plaintiff and his sons and it was heartiest wish as de...
Tag this Judgment!Hirdaya NaraIn Rai Son of Bhagwan Rai, Guardian Smt. Suman, Vs. Ratanj ...
Court: Allahabad
Decided on: Feb-28-2008
Reported in: 2008(2)AWC1576
S.U. Khan, J.1. Heard learned Counsel for the appellants as well as learned Counsel for the respondent, who has appeared through caveat.2. This appeal is directed against judgment and decree dated 27.11.2007 passed by A.D.J. Court No. 2, Ghazipur in matrimonial case No. 84 of 2003, Ratanjay Pradhan v. Smt. Suman and Ors. Through the impugned judgment, marriage in between plaintiff respondent and appellant No. 2/defendant No. 1 has been annulled and declared void mainly under Section 13(1)(iii) of Hindu Marriage Act, which is quoted below:13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-(i) & (ii) not relevant.(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expecte...
Tag this Judgment!Mauni Ashram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-28-2008
Reported in: 2008(2)AWC1331
S.U. Khan, J.1. These three writ petitions were nominated to me by Hon'ble the Chief Justice after being released by two Hon'ble Judges.2. I heard the matter for the first time on 24.1.2008 as fresh and appointed an advocate of this Court to make spot inspection and submit report alongwith map. Commissioner Sri S.P. Misra, advocate inspected the spot and submitted the report. Thereafter matters were heard on 21 and 22 February, 2008 and judgment was reserved on 22.2.2008 by the following order passed in the first writ petition:Heard Sri B.B. Paul. Sri R.K. Ojha and Sri A.P. Tiwari, learned Counsel appearing for the petitioners in all the three writ petitions, Sri Nripendra Mishra, learned Counsel for the Pollution Board respondent in one of the writ petitions, Sri R. N. Singh, learned senior counsel, appearing for main contesting respondent in all the three writ petitions assisted by Sri Anuparh Kulshreshtha. Sri Sanjay Goswami, learned Additional Chief Standing Counsel, has also been ...
Tag this Judgment!Oriental Insursance Co. Ltd. Vs. Iqbal Ahmad and ors.
Court: Allahabad
Decided on: Feb-28-2008
Reported in: 2009ACJ1151
Dilip Gupta, J.1. This first appeal from order under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by Oriental Insurance Co. Ltd. for setting aside the award dated 1.11.1999 made in Motor Accident Claim Petition No. 10/70 of 1992 by which the Tribunal has partly allowed the petition and has directed the insurance company to pay Rs. 95,000 to the claimant within one month from the date of the award with 12 per cent interest from the date of filing the petition.2. The claim petition had been filed on 17.1.1992 both under Sections 140 and 166 of the Act by the driver of the U.P. State Road Transport Corporation bus (hereinafter referred to as 'the bus), which he was driving on duty from Banda to Varanasi. It was stated that on 2.1.1990 at about 7 a.m. when the applicant was driving the bus, there was heavy fog and severe cold and the visibility was also very poor and when the bus reached village Bagrahi, P.S. Rajapur, District Banda, a truck...
Tag this Judgment!North Star India Pvt. Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Feb-27-2008
Reported in: (2009)25VST378(All)
Vikram Nath, J.1. These two trade tax revisions have been filed by the dealer, M/s. North Star India Pvt. Ltd. against the judgment and order of the Trade Tax Tribunal, Bench II, Ghaziabad dated February 25, 2004 whereby the two appeals filed by the dealer were party allowed granting some relief in the demand raised under the U. P. Trade Tax Act, 1948 and also under the Central Sales Tax Act, 1956.2. The dealer is a registered company both under the State and Central Act. It is carrying on business of manufacturing, selling and trading of poultry feed, feeds supplement, fibre glass and cooling tower spares. The dispute relates to the assessment year 1998-99. In its return the dealer declared total taxable sales under the U. P. Trade Tax Act to the tune of Rs. 61,64,538 and admitted tax liability of Rs. 2,40,692. Under the Central Sales Tax Act the dealer declared its taxable turnover to be Rs. 3,21,90,277 and admitted tax liability of Rs. 7,21,932.3. With regard to the liability under ...
Tag this Judgment!Parshu Ram Chaudhary Vs. U.P. Public Services Tribunal and ors.
Court: Allahabad
Decided on: Feb-27-2008
Reported in: [2008(117)FLR435]
Yatindra Singh and Ran Vijay Singh, JJ.1. The petitioner was appointed as Mali in 1971. He was given first charge-sheet on 30th November, 1981. He was given second charge-sheet on 17.5.1982. No reply was filed by the petitioner. The petitioner was given a show cause notice on 4.7.1982 alongwith copy of the inquiry report. The petitioner send his reply to the show cause on 19.7.1982. He was awarded punishment on 11.8.1982 and he was deemed to be removed one month after passing of the order. However, this order was modified on 9.9.1982 and he was removed with immediate effect.2. The petitioner filed an appeal against this order. However, when no order was passed on his appeal. He filed original application before the U.P. Public Services Tribunal. This was dismissed on 21.8.1987. Hence the present writ petition.3. We have heard Counsel for the petitioner and the Standing Counsel for the respondents.4. The first charge-sheet contained 13 charges and the second charge-sheet contained only ...
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