Allahabad Court May 2008 Judgments
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Dr. Brijesh Kumar Misra Son of Late Shri R.S. Misra and Dr. (Smt.) M. ...
Court: Allahabad
Decided on: May-16-2008
Reported in: 2008(4)AWC3377(All)
R.N. Misra, J.1. This petition has been filed by the petitioners for quashing the proceedings of complaint No. 105 of 1998 pending before State Consumer Disputes Redressal Commission, U.P. Lucknow (hereinafter referred to as 'Consumer Forum') for compensation filed by the respondent No. 2.2. We have heard Shri R.B. Singhal, learned Counsel for the petitioners. None appeared for the respondents.3. From the contents of the writ petition, it appears that Shuja Alia, the grandson of respondent No. 2 fell ill and was treated by the petitioners free of cost because the respondent No. 2 was their family friend and when his condition deteriorated, he was advised to be shifted to some better hospital in Meerut. He was admitted in Lok Priya Hospital, Meerut and in the intervening night of 14-15/9/1996 he died there. The respondent No. 2 lodged a criminal complaint No. 502/9/1997 against the petitioners in the Court of Judicial Magistrate, Muzaffarnagar, who summoned them for trial vide order dat...
NavIn Filling Station Vs. Indian Oil Corporation Limited and ors.
Court: Allahabad
Decided on: May-16-2008
Reported in: 2008(4)AWC3234
Sunil Ambwani, J.1. Heard Shri Arvind Kumar Shukla, learned Counsel for the petitioner. Shri Prakash Padia appears for the Indian OH Corporation Ltd ( in short 'the Corporation'). The pleadings have been exchanged. With the consent of parties, the writ petition was finally heard.2. The petitioner is a dealer of the Corporation and carries on business of retail sales and supplies of petroleum products, on the plot of land owned by him, under an agreement dated June 7, 1990 executed between the petitioner and the Corporation in the 'Open General Category'.3. A team of officers of the Corporation visited the retail outlet on January 19, 2006. By a letter dated January 30, 2006 the petitioner was required to explain the reasons of the following Irregularities:1. M.S. D.U. Z-Line was found to be found delivering excess by 60 ml. in 5 Lts. for which recalibration of D.U. was advised. You were supposed to get the D.U. recalibrated in the presence of an Officer of I.O.C. No Information has bee...
Rajeshwar Kumar Ojha Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-16-2008
Reported in: 2008(4)AWC3489
Pradeep Kant and Narayan Shukla, JJ.1. Notice on behalf of the opposite parties Nos. 1 and 2 has been accepted by the chief standing counsel. Shri Jyotinjaya Verma has accepted notice on behalf of the opposite party Nos. 3 and 4. Despite notice, Shri Jyotinjaya Verma is not present.2. Heard Shri Surya Kant Singh learned Counsel for the petitioner and the learned standing counsel.3. Petitioner's grievance is that certain portion of his land has been used by constructing a road by the Nagar Nigam that too without taking any acquisition proceedings and without his consent in writing and without giving him any compensation.4. Nagar Nigam is not at liberty to take possession of the land of any portion nor is authorised to take possession of the land or any portion thereof of any person unless the land is acquired or requisitioned under the provisions of the relevant Act or is taken by negotiation after obtaining consent in writing. The practice of taking possession and using the land of the...
The New India Assurance Company Ltd. Through Divisional Manager Throug ...
Court: Allahabad
Decided on: May-15-2008
Reported in: 2008(4)AWC3250(All)
Amitava Lala, J.1. This appeal has been preferred by the Insurance Co. challenging the judgement and order passed by the concerned Motor Accident Claims Tribunal dated 4th February 2008 awarding a compensation of Rs. 2,00,400/- on account of 40% disablement and/or loss of earning capacity of the injured. Out of the total awarded amount of Rs. 2,00,400/- a sum of Rs. 66,000/- is arising out of medical treatment and mental shock and pain. The real dispute was in respect of Rs. 1,34,400/- although belatedly learned Counsel appearing for the Insurance Company contended before this Court that on account of shock and pain there should be a fixed amount of compensation of Rs. 5,000/- as per the second schedule of the Motor Vehicles Act under Section 163-A of the Motor Vehicles Act, 1988.2. However, the decision of the Tribunal is based on a medical certificate given by the concerned Medical Board headed by Chief Medical Officer fixing disability of 40%. The claimant adduced his evidence about...
Shahab Mohammed Khan and anr. Vs. A.D.J./Special Judge (E.C. Act) and ...
Court: Allahabad
Decided on: May-15-2008
Reported in: 2008(4)AWC3536
Rajiv Sharma, J.1. In the instant case, the sole controversy involved is as to whether the order passed by the revisional court setting aside the order passed by the trail court, which has allowed the application of the petitioners for impleadment is legally justified or not.Heard Sri Javed Murtaza, learned Counsel for the petitioner, Sri M. Naseerullah and Sri P.C. Srivastava, counsel appearing for the opposite parties.2. Before adverting to the aforesaid question, It would be apt to mention certain brief facts of the case, which are that J.J. Rice initiated a suit for declaration impleading therein Mr. S.B. Caleb as defendant and the same was registered as Regular Suit No. 337 of 1988. The said suit was decreed vide judgment and decree dated 5.1.1991. Opposite party No. 3 Shakeel Ahmad Khan of present writ petition, who was an allottee of the portion of the house as tenant and in possession, filed a suit for cancellation of said decree and for grant of permanent injunction in the Cou...
Bans Gopal Vs. Additional District Judge, Court No. 1 and ors.
Court: Allahabad
Decided on: May-13-2008
Reported in: 2008(4)AWC3480
A.N. Varma, J.1. The dispute in the present writ petition pertains to a shop measuring 10' x 5' situate on the main road, Tharbaranganj, Lakhimpur Kheri of which the petitioner is the tenant on a monthly rent of Rs. 55 and opposite parties No. 3 and 4 its landlords. Adjacent to the shop in question, two other shops exist, one occupied by Jamuna Prasad and the other by Neethu Sethi, who were also tenants at the same rate, but subsequently they vacated the same. Opposite parties No. 3 and 4, i.e., the landlords, preferred an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the building occupied by all the three tenants for establishing Mudit, son of opposite party No. 3, who had completed his studies, having passed B. Com. examination and not intending to continue further studies. The shops were required for personal occupation for establishing said Mudit in ready-made garment business. Adjacent to the said shops, the landlords are running a sweetmeat business...
Faggan (D) by L.Rs. and ors. Vs. Bhagwan Sahay (D) by L.Rs. and ors.
Court: Allahabad
Decided on: May-13-2008
Reported in: 2008(4)AWC3462
Poonam Srivastav, J.1. Heard Sri R.S. Maurya, learned Counsel for the plaintiff/appellants and Sri S.S. Singh, learned Counsel for the defendant/respondents.2. The instant second appeal arises out of the judgment and decree dated 7.11.1996, passed by the XV Additional District Judge, Meerut, in Civil Appeal No. 76 of 1994 confirming the judgment and decree dated 8.4.1994, passed by the trial court in Original Suit No. 409 of 1979.3. The original suit was instituted for cancellation of the Will dated 14.12.1966 executed by one Khachedu in favour of the defendants. The plaintiffs case is that Khachedu had three sons namely Faggan (plaintiff), Bhagwan Sahai and Man Singh (defendants). Khachedu died on 16.7.1977. The plaintiff moved an application for mutation of his name over his 1/3 share, which was contested by the defendants on the basis of the Will dated 14.12.1966. Claim of the plaintiff/appellants is that the said Will is forged document and it was prepared only with an intention to...
Ganeshi Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-09-2008
Reported in: 2008(3)AWC2610
Amitava Lala, J.1. Since all the aforesaid, first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the first appeals.2. The aforesaid bunch of first appeals are arising out of an award dated 15th January, 2001 passed by the District Judge, Ghaziabad in the appropriate land acquisition reference/s. The lands under acquisition fall in village Chhalera Bangar, Pargana and Tehsil Dadri, district Ghaziabad. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter called as the 'Act') was issued on 5th January, 1991, which was duly published in the Gazette on 2nd February, 1991 proposing to acquire land measuring area 790-16-9 bighas corresponding to 492.26 acres. Publication in the local newspapers was done on 24th March, 1991. Last corrigendum was issued on 4th April, 1991. Declaration under Section 6 read with Section 17 of the Act was made on 7th January, 1992 by publicati...
Sahkari Ganna Vikas Samiti Ltd. Vs. Industrial Tribunal and Shyamvir S ...
Court: Allahabad
Decided on: May-09-2008
Reported in: [2008(118)FLR230]
Sunil Ambwani, J.1. Heard Shri P.M.N. Singh, Senior Advocate assisted by Shri Amit Kumar Singh for M/s Sahkari Ganna Vikas Samiti Ltd-the employer. Shri Shyam Veer Singh-the employee appeared in person and argued his case.2. These four writ petitions arise out, of a labour dispute between M/s Sehkari Ganna Vikas Samiti Ltd., Khatauli. Muzaffarnagar, and the respondent employee, who had worked in the society as a seasonal clerk.3. The Writ Petition No. 4968 of 1999 arises out of an award of the Industrial Tribunal's dated 26.3.1998, published on 21.9.1998, on a reference made by the State Government to consider whether the termination of the services of workman-Shri Ram Veer Singh son of Shri Ram Sharan, by the employers on 7.10.1994, was legal and proper, and if not, the benefits/relief, which the workman is entitled to receive with other details and dates?4. The workman alleged that he was employed as a seasonal employee in 1978 and had worked in every season. In the season of 1994-95...
indo Aromatic Pvt. Ltd. Through Its Director Vivek Mani Sharma Vs. Smt ...
Court: Allahabad
Decided on: May-09-2008
Reported in: [2008(118)FLR31]
Amitava Lala, J.1. The appeal is preferred by the company from the judgement and order dated 11th1 March, 2008 passed by the concerned Commissioner under Workmen's Compensation Act, 1923, Meerut by awarding compensation of Rs. 2,30,212/-.2. A preliminary objection has been taken by the respondents-claimant about the maintainability of the appeal on the ground that since the interest and penalty are awarded statutory deposit will be made covering such part being part and parcel of compensation to make the appeal maintainable before the Court of appeal. In support of such contention, the learned Counsel for the respondents has cited a Division Bench judgement of this Court reported in : 2005(2)AWC1936 (New India Assurance Co. Ltd. v. Neeru Dabur and Ors.).3. We have considered the judgement delivered whereunder the insurance company was placed equally with an employer. In other words, insurance company is liable to deposit the principal sum, interest and penalty if it chooses to prefer a...
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