Allahabad Court February 2008 Judgments
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Mithlesh Kumar Son of Sri Hari Mohan Singh and Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Feb-08-2008
Reported in: 2008(2)AWC1127
Sudhir Agarwal, J.1. Aggrieved by the orders dated 29.12.2005 (Annexures 13-A and 13-C to the writ petition), whereby the respondents No. 10 and 11 have been appointed as Collection Amin on regular basis, the petitioners have filed the present writ petition assailing the said orders and have sought a writ of certiorari for quashing the same. The petitioners have also sought a writ, order or direction in the nature of mandamus restraining respondents from taking any action in favour of respondents No. 10 and 11 on the basis of the orders dated 29.12.2005 and further to grant regular appointment to the petitioners as Collection Amin and to pay them regular monthly salary as payable to the regularly appointed Collection Amins. 2. The facts in brief, giving rise to the present writ petition, are. that both the petitioners. Mithlesh Kumar and Muztuba llussain were engaged as Seasonal Collection Amin on 01.07.1991 and have been continuously engaged from time to time as Seasonal Collection Am...
Girind Singh Yadav and anr. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-08-2008
Reported in: 2008CriLJ1978
D.V. Sharma, J.1. Both the criminal appeals arise out of the same judgment and order dated 26-4-2004 passed by Additional Sessions Judge, Hardoi, in Sessions Trial No. 476 of 2002, convicting the appellants under Section 302/34 I.P.C. and sentencing them to imprisonment for life and to pay a fine of Rs. 3000/- each and on non-payment of fine to undergo six month's simple imprisonment.2. Factual matrix is as under:According to the prosecution case, there was enmity between the parties on account of election rivalry for the post of Gram Pradhan to which wife of the deceased won and earlier Avadhesh and Jang Bahadur, collaterals of the deceased were murdered by the accused. In (his background, on 13-04-2001 at about 5:30 p.m. while the deceased Promod Kumar and Arvind son of Barrister Singh were purchasing some domestic articles from the general store of Rajput of Harpalpur, in presence of the complainant Dinesh Kumar, Arvind Kumar and Mahavir were also purchasing articles from another ad...
Dr. Sushil Kumar Tripathi Vs. Jagadguru Ram Bhadracharya Handicapped U ...
Court: Allahabad
Decided on: Feb-08-2008
Reported in: 2009(2)SLJ139(NULL)
Sudhir Agarwal, J.1. Since the pleadings are complete, as requested by learned Counsel for the parties, this writ petition has been heard and is being decided finally at the admission stage under the Rules of the Court.2. Aggrieved by the order dated 01.03.2007 whereby the Registrar, Jagadguru Rambhadracharya Viklang Viswavidyalaya, Chitrakoot (hereinafter referred to as the 'University') has informed the petitioner that his services would come to an end on 31.03.2007, the petitioner, Dr. Sushil Kumar Tripathi has filed this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the said order. He has also challenged the order dated 31.03.2007, whereby he was informed that since the post on which he was working has abolished, the petitioner's services are no more required by the University. He has further sought a writ of mandamus commanding the respondents to pay him regular salary and arrears with interest and other consequential ...
U.P. State Sugar Corporation Limited and anr. Vs. Allahabad Bank and a ...
Court: Allahabad
Decided on: Feb-07-2008
Reported in: 2008(2)AWC1615
Rajiv Sharma, J.1. Petitioners have preferred this writ petition against the judgment and order dated 4.1.2008 passed in T.A. No. 48 of 2002, whereby the Debt Recovery Tribunal has held that the opposite party No. 1 is entitled for recovery of Rs. 1,61,42,527.35/- with interest.2. Sri Vinay Shanker, Advocate appearing for the Bank raised a preliminary objection regarding maintainability of the writ petition and stated that against the impugned order the petitioners have equally efficacious remedy of filing appeal under Section 20 of the Act. He, therefore, urged that the petitioners should have preferred statutory appeal instead of approaching this Court under writ jurisdiction. To strengthen his arguments, learned Counsel has placed reliance on Supreme Court decision in A.P. Foods v. S. Samuel and Ors. : (2006)IIILLJ18SC , Silways Travels Pvt. Ltd. and Ors. v. State and Anr. 1(2006)BC 343 and a decision of this Court in writ petition No. 17[MS] of 2008.3. In A.P. Foods' case the Supre...
Siya Ram Agrahari Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-07-2008
Reported in: 2008CriLJ2179
ORDERShiv Shanker, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioner praying to set aside the impugned orders dated 16-1-2008 passed by the III Addl. Sessions Judge, Room No. 3, Sultanpur and 14-8-2006 passed by Addl. Chief Judicial Magistrate, Sultanpur, whereby the application moved under Section 156(3), Cr.P.C. on behalf of the opposite party No. 2 Smt. Aarati Ojha was allowed by the concerned Magistrate and concerned police was directed to register and investigate the case against the petitioner.2. Heard learned Counsel for the petitioner and learned A.G.A. as well as perused the materials available on records.3. Learned Counsel for the petitioner has contended that the petitioner is owner in possession of Agrahari Complex situate at H.A.L. Gate No. 2, P.S. Munshiganj, district Sultanpur which has been constructed on the land so purchased by the petitioner from one Ramjas in the year 1999. The opposite party No. 2, who...
Central Bureau of Investigation Vs. Smt. Juhie Singh and Smt. Java Sin ...
Court: Allahabad
Decided on: Feb-06-2008
Reported in: 2008CriLJ2186
Allah Raham, J.1. This revision is directed against the judgment and order dated 22.8.2006, passed by Special Judge, Anti-Corruption (Central), Lucknow, in Criminal Case No. 14 of 2006, R.C.No. 2 (A)/2005, whereby the release of pass-ports of opposite parties was ordered.2. Facts relevant for the purpose of disposal of this revision are that a case under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (P.C. Act, in short) was registered against Sri Akhand Pratap Singh, IAS (Retd.) at C.B.I. Anti-Corruption Unit-V, New Delhi. Search warrants were obtained from the court of Special Judge, C.B.I, New Delhi. During the course of investigation, pass-ports of opposite parties, who are the married daughters of Sri Akhand Pratap Singh and their four Companies running in the names of M/s Angel Foods Pvt. Ltd., M/s Vinlab Exports Pvt. Ltd., M/s Terra Pharma Growers Pvt. Ltd. and M/s Trident Agri. Pvt. Ltd. were seized on the suspicion of laundering ill-gotten m...
Station Director, Vigyapan Prasaran Seva All India Radio Through Asstt ...
Court: Allahabad
Decided on: Feb-06-2008
Reported in: [2008(117)FLR645]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record. This writ petition has been filed against the impugned award dated 24.11.98 passed by the Central Government Industrial Tribunal-cum-Labour Court, Pandu Nagar, Kanpur, hereinafter referred to as CGIT, Kanpur, in Industrial Dispute No. 141 of 1998 which has been enforced on 21.12.98 by publication on the Notice board.2. By the impugned award the CGIT has held that termination of services of the workman by the employer are illegal and order reinstatement in service without back wages.3. It appears that services of the workman were retrenched w.e.f. 1.8.87 without any notice or payment of retrenchment compensation as contemplated under Section 25F of the Industrial Disputes (Central) Act, 1947.4. An industrial dispute was raised by the workman before the Assistant Labour Commissioner, Kanpur. On conciliation proceedings having failed, the following matter of dispute was referred to the Central Government Ind...
Mohd. Zakaria (D) by L.Rs. Vs. Smt. Ishrat Begum (D) by L.Rs.
Court: Allahabad
Decided on: Feb-06-2008
Reported in: 2008(2)AWC1579
Shiv Charan, J.1. Heard learned Counsel for the parties on the point of admission for hearing and perused the judgment of the courts below, pleadings of the parties and other relevant documents and have perused the original record of the courts below.2. Endeavour has also been made in order to ascertain whether any substantial question of law is involved in the present second appeal so as to admit for hearing.3. From perusal of the record it is evident that the respondent plaintiff Smt. Ishrat Begam instituted Original Suit No. 286 of 1981, Smt. Ishrat Begam v. Mohd. Zakaria, in the Court of Munsif West, Allahabad for ejectment of the defendant appellant from the plot described at the foot of the plaint. Damages as well as pendente lite and future damages has also been claimed. It has been alleged in the plaint that plaintiff respondent is the sole owner and landlady of plot No. 202/204 situated at Mohalla Mutthiganj, Allahabad and this plot in dispute has no structure and hence does n...
Sushila Industries Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Feb-06-2008
Reported in: (2009)25VST605(All)
Vikram Nath, J.1. Heard Sri Ashok Kumar learned Counsel, for the dealer and Sri B. K. Pandey, learned Standing Counsel for the Department.2. All these revisions have been filed by the dealer under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') against common judgment and order of the Sales Tax Tribunal, II Bench, Ghaziabad dated December 5, 1991. The Tribunal by the said judgment had dismissed all the four appeals filed by the dealer. The dispute relates to the assessment years 1983-84, 1985-86-U.P. and Central.3. The question sought to be raised by these revisions, which is common is 'as to whether the Tribunal was legally justified in treating the sale of 'marble stones' as sale of 'marble tiles' and accordingly applying the rate of tax on such sales at 12 per cent treating it to be 'marble tiles' instead of six per cent treating it to be 'marble stones''.4. The dealer had produced before the Tribunal the product which it was selling and upon inspe...
Muir Mills Vs. Presiding Officer, Labour Court-i and ors.
Court: Allahabad
Decided on: Feb-06-2008
Reported in: [2008(117)FLR640]
V.K. Shukla, J.1. M/s. Muir Mills, a unit of National Textile Corporation (U.P.) Ltd. Kanpur, has approached this Court questioning the validity of order dated 31.7.2006 passed by Presiding officer, Labour Court-I, Kanpur in proceeding under Section 33-C(2) of the Industrial Disputes Act, 1947.2. Brief background of the case is that M/s Muir Mills was earlier owned and controlled by the private management and thereafter due to mismanagement and labour problem, the mill in question became sick and was closed. Its management was earlier taken over by the Government of India under the Industrial (Development and Regulation) Act, 1952 vide gazette Notification dated 22.12.1965. Subsequent to the same, the mill was nationalized by the Government of India under the Sick Textile Undertaking (Nationalization) Act, 1974 (Act No. 57 of 1974). After nationalization by the Central Government, the petitioner mill along with its entire property stood vested in the Central Government under Section 3(...
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