Allahabad Court February 2009 Judgments
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Central Bank of India and ors. Vs. Dinesh Kumar Agarwal and ors.
Court: Allahabad
Decided on: Feb-24-2009
Reported in: 2009(2)AWC1321
ORDERTarun Agarwala, J.1. Heard Sri Himanshu Tiwari, the learned Counsel for the appellant and Sri M.K. Gupta, the learned Counsel assisted by Sri Nitin Kumar Agarwal, for the caveators-respondent Nos. 2 and 3.2. The plaintiff-respondent No. 1 filed a suit for permanent prohibitory injunction restraining the defendants from encashing the bank-drafts and from paying the amount as detailed in Schedule A to the plaint. It was alleged that the plaintiff had purchased six demand drafts from the defendant/appellant bank, which was payable to the present respondent Nos. 2 and 3/defendants, but the said drafts amounting to Rs. 25,000 each, were lost and therefore, the suit for prohibitory injunction.3. An application for temporary injunction was also filed. The trial court, initially granted an injunction, restraining the bank from getting the bank drafts encashed. Subsequently, on a stay vacating application filed by respondent Nos. 2 and 3, the injunction order was vacated and the injunction...
Murad Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-24-2009
Reported in: 2009ACJ1923
S.U. Khan, J.1. This writ petition is directed against order dated 29.4.2006, passed by D.M., Maharajganj rejecting the representation of the petitioner in pursuance of order of this Court, which was passed in an earlier writ petition filed by the petitioner (W.P. No. 31666 of 2005, decided on 21.3.2006). Through the said judgment, High Court had directed the D.M. to decide the petitioner's representation. According to the petitioner, he was appointed for the first time on 2.11.1981 as peon in the Nazarat of Tehsil Maharajganj, district Gorakhpur. The initial appointment was for about two and a half months and some extensions were granted in the said appointment, one from 17.5.1983 to 24.6.1983 and the other from 1.8.1986 to 18.9.1986. A certificate to that effect issued by the Tehsildar has been annexed as Annexure-1 to the writ petition, according to which petitioner worked as peon in Tehsil Maharajganj for the following periods:1. From 2.11.1981 to 22.1.1982.2. From 17.5.1983 to 24....
Madarsa Arabiya Noorul Olum Gaderua and ors. Vs. State of U.P. and ors ...
Court: Allahabad
Decided on: Feb-24-2009
Reported in: 2009(3)AWC2311
Rakesh Tiwari, J.1. Heard Sri Somesh Khare, learned Counsel for the petitioners, the learned Standing Counsel for respondent Nos. 1 and 2 and Sri Faheem Ahmad, learned Counsel for respondent No. 3. Perused the record.2. The petitioners have challenged the impugned order dated 15.12.2008 passed by respondent. No. 2, Assistant Registrar, Firms, Societies and Chits, Azmagarh on the ground that the impugned order aforesaid is illegal and arbitrary having passed on speculation and presumption without noticing the facts taken by them in their objection as well as the objections dated 17.3.2008 filed by respondent No. 3 which clearly admit the fact that Sri Inayatullah had already resigned and the charge was given to President Sri Ramzan.3. The impugned order is also challenged on the ground that respondent No. 2 has illegally proceeded to decide the dispute of committee of management elected by the members of the society under Section 25(1) of the Societies Registration Act, 1860 (in short t...
Ram Prasad and ors. Vs. Chairman Town Area Committee and ors.
Court: Allahabad
Decided on: Feb-24-2009
Reported in: 2009(3)AWC3108
S.U. Khan, J.1. At the time of hearing no one appeared for respondents 1 to 3 accordingly only the arguments of learned Counsel for the petitioners were heard. Copy of original counter-affidavit filed on behalf of respondents 1 to 3 was not available on record hence its duplicate copy was supplied by learned Counsel for the petitioner.2. The petitioners were working as sweepers in Town Area Committee, Kora Jahanabad, district Fatehpur. Their services were terminated on 14.3.1990 under the provisions of U.P. Temporary Government Servants (Termination of Service) Rules, 1975. Said orders have been challenged through this writ petition. In this writ petition an interim order was passed on 6.9.1990 staying the operation of the impugned orders and directing that petitioners should be paid their current salary every month. It has been stated in the rejoinder-affidavit that petitioner Nos. 3 and 5 Pyarey Lal and Raja Ram have died and petitioner No. 7 Manohar Lal has retired. Accordingly writ...
Kishori Lal Raman Sarswat Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-19-2009
Reported in: 2009(85)AWC1914
S. Rafat Alam and Sudhir Agarwal, JJ.1. Sri Upendra Nath holding brief on behalf of Sri R.K. Nigam, learned Counsel for the appellant vehemently contended that the entire service record has not been considered before passing the impugned order of compulsory retirement and he was also not afforded any opportunity as required under Article 311(2) of the Constitution of India and this aspect of the matter has not been considered by Hon'ble single Judge, therefore, the impugned judgment is liable to be set aside. However, he could not dispute the fact that there exists three adverse entries in his service record. The other findings recorded by Hon'ble single Judge regarding his behaviour etc. has also not been disputed by him as a matter of fact.2. It is well-settled law that an order of compulsory retirement under Fundamental Rule 56 is not a punishment attracting Article 311 of the Constitution of India.3. Compulsory retirement is a facet of 'doctrine of pleasure' embodied in Article 310...
Km. Mehraj Khan Vs. Madhyamik Shiksha Parishad and ors.
Court: Allahabad
Decided on: Feb-19-2009
Reported in: AIR2010All1; 2009(3)AWC3114
ORDERRakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner claims to be a meritoruious student and she had obtained 57% marks in High School Examination, 2008. She has moved an application under the Right to Information Act for providing photocopy of answer copies to her.3. The grievance of the petitioner is that she has not been provided photocopy of answer copies of her High School Examination as requested by her vide application dated 27.6.2008 (Annexure-3 to the writ petition). She also requested to provide information in respect of her marks obtained by her in the subjects of Hindi, Maths, English, Science, Social Science and Arts in which she had appeared in 2008, hence this writ petition. This information regarding marks obtained by her was sought by the petitioner vide application dated 11.11.2008 appended as Annexure-4 to the writ petition.4. The learned standing counsel submits that the answer copies of the Board Examinations are w...
Shahid Ahmad Khan Vs. Deputy Labour Commissioner, Agra Region and anr.
Court: Allahabad
Decided on: Feb-18-2009
Reported in: 2009(2)AWC1325; [2009(121)FLR230]
Tarun Agarwala, J.1. Heard Ms. Bushra Maryan, the learned Counsel for the petitioner and Shri Dhruva Narayan, the learned senior counsel appearing for respondent No. 2.2. It is alleged that the petitioner was working as a sales representative in the industrial establishment of respondent No. 2, which is a pharmaceutical company and that, the provisions of Sales Promotion Employees (Condition of Service) Act, 1976 was applicable to the petitioner. It is alleged that the services of the petitioner was terminated by an order dated 26th of October, 2002 and the petitioner, being aggrieved, raised a conciliation proceeding under the Industrial Disputes Act. It is alleged that there was a failure in the conciliation proceedings and the Deputy Labour Commissioner, after considering the matter, issued an order dated 13th March, 2003, declining to refer the dispute for declining to refer the dispute for adjudication under Section 4K of the U.P. Industrial Disputes Act on the ground that it was ...
Mohd. Haneef Vs. Sunil Tuli
Court: Allahabad
Decided on: Feb-18-2009
Reported in: 2009(85)AWC1986
V.K. Shukla, J.1. Present rent revision is directed against the judgment and order dated 2.12.2008 passed by Additional District Judge, Court No. 10/Judge Small Cause Court, Kanpur Nagar, whereby Small Cause Case No. 21 of 2006 (Sunil Tuli v. Mohd. Haneef) seeking eviction and arrears of rent filed by landlord, has been decreed against the revisionist and further direction to hand over the peaceful possession of shop in House No. 25/16, situated in Karanchikarkhana, Sagar Market, Kanpur Nagar on the ground floor, to the landlord.2. Brief background of the case is that the revisionist is tenant of the aforesaid shop. The premises in question was purchased by Sunil Tuli from its erstwhile owner Amar Nath Gupta vide sale deed dated 15.6.2005. The case of the revisionist has been that after the said purchase had materialized, Sunil Tuli started making all sorts of obstructions in the peaceful possession, and in this background Original Suit No. 1120 of 2005 had been filed in the Court of C...
Smt. Sandhya Singh Vs. Major Sandeep Singh
Court: Allahabad
Decided on: Feb-17-2009
Reported in: 2009(3)AWC3157
D.P. Singh, J.1. Heard Sri Radhey Shyam, learned Counsel appearing for the appellant and Sri Shashi Nandan, learned senior advocate assisted by Sri Anoop Trivedi, for the respondent.2. This appeal arises out of proceedings under Section 13(1)(A) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) whereby marriage between the parties has been dissolved through a decree of divorce.3. The appellant, Smt. Sandhya Singh and her husband Major Sandeep Singh, both belong to Army families. Appellant is the daughter of retired Lt. Col. Vijai Singh, while respondent husband is the son of retired Lt. Col. Ranvir Singh, V.S.M. An arranged marriage between the parties was duly solemnized according to Hindu rites at the Tal Katora, Garden in New Delhi on 2nd April, 1995 when the husband, who then held the rank of a Captain, was posted as instructor at the Indian Military Academy at Dehradun. In October, 1995, the husband was sent for a course at Ahmadnagar and thereafter to Poone in ...
Bharat Petroleum Corporation Ltd. Vs. Kunwar Vishwanath Chandra and or ...
Court: Allahabad
Decided on: Feb-16-2009
Reported in: 2009(2)AWC1450
Sanjay Misra, J.1. These are two connected second appeals which have been heard today and are being decided together finally today itself.2. These two second appeals have been filed against the judgment and decree dated 15.12.07, passed by the Additional Civil Judge (Junior Division) Court No. 3, Pilibhit in Original Suit No. 45 of 1985 filed by Kunwar Vishwanath (now deceased) against Laxman Singh (now deceased) and others and the judgment and decree dated 1.12.08 passed by the Additional District Judge/Special Judge (S.C./S.T. Act) (Atrocities Prevention) Act, Pilibhit in Civil Appeal No. 10/2008 filed by Laxman Singh (now deceased) and Ors. v. Kunwar Vishwanath Chandra (now deceased) and Ors.3. Heard Dr. R. G. Padia learned senior counsel assisted by Sri Prakash Padia learned Counsel for the defendant-appellant and Sri Ravi Kant learned senior counsel assisted by Sri Anupam Kulshreshtha who have put in appearance on behalf of plaintiff-respondent Nos. 1/1 and 1/2. Respondent No. 2 i...
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