Allahabad Court September 2008 Judgments
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The New India Assurance Company Limited Through Its Authorized Signato ...
Court: Allahabad
Decided on: Sep-26-2008
Reported in: 2009ACJ2196; 2009(1)AWC340
Amitava Lala, J.1. All the aforesaid appeals have been analogously heard on the common cause.2. The common cause is that when the claim petitions are being disposed of by the tribunals keeping the application under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') pending due to oversight or inadvertent mistake, whether the same will be construed as implied permission by the tribunal to fie insurance companies to prefer the appeal or not.3. It is pertinent to mention here that in 2008 (1) T.A.C. 266 (New India Assurance Co. Ltd. v. Dr. Prem Singh Bhadauria and Anr.) this Bench has decided the issue by holding a view that no one can be allowed to draw any favourable inference by saying that there is an implied permission in such circumstances. No application either interim or interlocutory or miscellaneous in nature can be treated to be pending when the main cause by way of suit or proceeding is disposed off wither way. Non-recording of any such order in...
Saghir S/O Chhajju and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Sep-26-2008
Reported in: 2009CriLJ1459
Saroj Bala, J.1. This criminal appeal is directed against the judgement and order dated 25.10.1982 passed by the IV Additional Sessions Judge, Bijnor in consolidated Sessions Trial Nos. 14, 234, 371 of 1980 and 12 of 1982 whereby convicting the accused-appellants Saghir, Yaqoob, Rehmu, Zameer and Qamaruddin alias Qamru for the offence under Section 396 I.P.C. and sentencing each of them to rigorous imprisonment for lite with fine of Rs. 3000/- with default clause. Out of the fine amount Rs. 2000/- was to be paid to the widow of the deceased Wajjid Hussain and Rs. 1000/- to injured Abid Hussain, as compensation. The accused-appellants Saghir and Qamaruddin alias Qumru having died during the pendency of appeal, the appeal stood abated against them.2. Briefly stated the prosecution case at the trial was that in the mid-night of September 27/28.1979 the first informant Abid Hussain (P.W.2) along with his brother Wajjid Hussain (deceased) was sleeping in the courtyard of their house situate...
Kanhaiya Lal Bansal S/O Late Sri Bangali Mal Vs. Sahitya Bhawan Publis ...
Court: Allahabad
Decided on: Sep-26-2008
Reported in: LC2009(1)376; 2009(41)PTC165(All)
Amitava Lala, J.1. This appeal is arising out of the Judgment and order dated 07th March, 2008 passed by the concerned Additional District Judge, Agra refusing to grant an interim order of injunction in an interlocutory application arising out of a suit, being Original Suit No. 13 of 2007 (Sri Kanhaiya Lal Bansal v. Sahitya Bhawan Publications and Ors.). Dispute relates to infringement of trademark and logo purportedly of one publisher and/or book seller known as Sahitya Bhawan Publishers and Distributors Private Limited.2. By consent of the parties the appeal is heard for final disposal on the informal papers.3. According to the appellant-plaintiff, he is founder of the trade name 'Sahitya Bhawan' and maker of the logo, which has been introduced as such in the year 1960. The copyright of the nomenclature and logo had been preserved with the appellant-plaintiff. The publishers and book sellers are normally selling the text books of its publication to various colleges and universities o...
New India Assurance Co. Ltd. Vs. Rajendra Prasad Srivastava and ors.
Court: Allahabad
Decided on: Sep-26-2008
Reported in: 2009(1)AWC351
Amitava Lala, J.1. The appeal is arising out of an order dated 18.1.2008. passed by the Motor Accident Claims Tribunal, Fatehpur awarding a sum of Rs. 4,82.000 alongwith interest from the date of presentation of claim petition till its realisation to be paid to the claimants on account of death of the deceased. The insurance company was made liable to pay compensation, therefore, they have preferred this appeal. The insurance company has filed application under Section 170 of the Motor Vehicles Act, 1988 (hereinafter called 'the Act') to permit it to contest the cause before the Tribunal, which was allowed.2. The fact remains that when the deceased was going by motor cycle he was hit by a truck which was driven by the driver rashly and negligently. The deceased died on the spot. The deceased was serving in India Drug House, D-59/376, K-1, Indrapuri Colony, Sigra, district Varanasi and was getting Rs. 8,500 per month. He was aged about 25 years.3. The owner of the truck has said that at...
Ram Anjore Vs. Additional District Magistrate (Finance and Revenue)/De ...
Court: Allahabad
Decided on: Sep-26-2008
Reported in: 2009(1)AWC1052
Narayan Shukla, J.1. Heard Mr. Balram Yadav, learned Counsel for the petitioner and learned standing counsel for opposite party No. 1 as well as Mr. Umesh Kumar Srivastava, learned Counsel for opposite party No. 2.2. Brief facts of the case are that Gata No. 3184, which was initially recorded as abadi and banjar was shown in the revenue records as Gata No. 3184/1 to 3184/6 and accordingly C. H. Form No. 5 was issued. Nobody including the opposite parties raised objection against the entry of the said Gatas. Since no objection was raised, the statement of principle was confirmed and accordingly plot No. 3184/2 bearing area 13 bighas and 18 biswas was mentioned as abadi, plot No. 3184/3, bearing area 16 biswa and plot No. 3184/4 bearing area 18 biswas were mentioned in the name of the opposite party No. 2 and fathers of opposite party Nos. 4 to 6 and 8 to 12 as agricultural land, containing few trees, as they were granted pattas over the banjar land for agricultural purposes, and accordi...
Ram Chandra Son of Dr. Jagannath Prasad Vs. Xii Additional District an ...
Court: Allahabad
Decided on: Sep-25-2008
Reported in: 2009(1)AWC225
S.U. Khan, J.1. The second writ petition was allowed on 01.08.2007 by Hon'ble Rakesh Tiwari, J. The said order was set aside by the Supreme Court in Civil Appeal Nos. 4088-4089 of 2007, decided on 06.09.2007 and High Court was directed to hear and decide the writ petition again.2. Heard learned Counsel for both the parties in both the writ petitions.3. First writ petition has been filed by tenant Ram Chandra. Second writ petition has been filed by landlords Sri Krishan Bhagwan and Sri Hari Krishan Gupta against another tenant Shyam Sunder son of Gopal Das (Proceedings were initiated against Gopal Das. After his death before the courts below, he was substituted by Shyam Sunder.) Premises in occupation of both the tenants Ram Chandra and Shyam Sunder are adjacent and landlords of both the premises are same, i.e. Sri Krishan Bhagwan and Hari Krishan Gupta. Property in dispute in the both the cases are adjacent shops. Landlords initiated eviction/release proceedings against both the tenant...
Sahkari Ganna Vikas Samiti Ltd. Through Its Secretary Vs. Jitendra Moh ...
Court: Allahabad
Decided on: Sep-25-2008
Reported in: 2009(1)AWC479
S.U. Khan, J.1. Heard learned Counsel for the petitioner as well as Sri K.P. Agarwal, learned senior counsel assisted by Sri J.C. Bhardwaj, learned Counsel for workman respondent No. 1.Facts:2. Petitioner employer is a cooperative society. This writ petition is directed against award dated 25.01.1990 given by Presiding Officer Labour Court, Bareilly, U.P. in adjudication case No. 51 of 1987. The matter which was referred to the labour court was as to whether the action of petitioner employer terminating the services of its workman respondent No. 1 w.e.f. 13.12.1984 was legal and proper or not.According to the petitioner employer, the workman was appointed on 22.07.1982 by Deputy Cane Commissioner, Bareilly. Services were also terminated by the same authority i.e. Deputy Cane Commissioner.The case of the workman was that he was working as clerk with the petitioner since 1976 till 1982 and in July 1982 Deputy Cane Commissioner transferred him to another similar society and he was again t...
Prakash Chand Mehta Vs. Iiird Additional District Judge and ors.
Court: Allahabad
Decided on: Sep-25-2008
Reported in: 2009(1)AWC77
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is tenant's writ petition. Landlord respondent No. 3, Salamtulla filed S.C.C. Suit No. 47 of 1983 against tenant petitioner and another person Chhutan Ali. In the plaint of the suit it was stated that the shop in dispute was newly constructed and it was let out to the petitioner defendant No. 1 w.e.f. 1.11.1973. Suit was filed on 8.9.1983 and it was alleged by the landlord that ten years' period had not expired since completion of the shop in dispute when suit was filed, hence U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was not applicable. By virtue of Section 2 (2) of the Act, the Act does not apply to building for a period of ten years in case it is constructed before April, 1985.3. The tenant denied the said allegation and asserted that shop in dispute was constructed much before 1973. Landlord alleged that the rate of rent was Rs. 75 per month. Tenant-petitioner asserted that prior to Novem...
Smt. Rafeeqan and ors. Vs. Jia-ul-nabi and ors.
Court: Allahabad
Decided on: Sep-25-2008
Reported in: 2009(1)AWC73
S.U. Khan, J.1. At the time of hearing no one appeared on behalf of respondent hence only the arguments of the learned Counsel for the petitioners were heard.2. Property in dispute is a Tchaperail shop of 10 feet x 12 feet. Rent is Rs. 20 per month, However, under interim order passed in this writ petition tenants are paying Rs. 100 per month rent.3. This is tenants' writ petition. Landlords respondent Nos. 1 to 9 filed S.C.C. Suit No. 19 of 1990 against tenants petitioners for eviction on the ground of default and for recovery of arrears of rent. Tenants pleaded that entire rent had been deposited under Section 30 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 hence they were not defaulter. The trial court held that deposit of rent under Section 30 of the Act was not valid and decreed the suit for eviction through judgment and decree dated 17.8.1994. Against the said judgment and decree S.C.C. Revision No. 52 of 1994 was filed which was dismissed by 1st A...
Varanasi Development Authority Vs. Presiding Officer, Labour Court and ...
Court: Allahabad
Decided on: Sep-25-2008
Reported in: [2008(119)FLR736]
Bharati Sapru, J.1. Heard Sri Ajeet Kumar Singh, learned Counsel for the petitioner and Sri Devendra Pratap Singh holding brief of Sri B.N. Singh for the respondent workman..This writ petition has been filed by the petitioner being aggrieved by an award of the labour Court dated 11.6.2001 passed in Adjudication Case No. 90 of 1999.The reference reads as hereunder:Kya Sevayojakon dwara apne mahila shramik Shrimati Shail Kumari Devi Patni Shri Amarnath pad survey khalasi ki seyayen dinank 14.1.1999 se samapt kiya jana ucmt tatha/athwa vaidhanik hai? Yadi nahin to vivadit shramik kya hitlabh/anutosh pane ki adhikarini hai evam kin anya vivrano sahit.2. The facts of the, case are that the respondent-workman, Smt. Shail Kumari Devi was taken into service in the year 1989 under the dying in harness rules as her husband, who was in employment had died. It is recorded in the award that in the year 1991 she was regularised and she was made permanent as a survey Khalasi. In the year 1994 while s...
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