Allahabad Court February 2009 Judgments
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Raj Bahadur Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-06-2009
Reported in: 2009(3)AWC2130
Ran Vijai Singh, J.1. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 16.8.2007 passed by Divisional Commissioner, Chitrakoot Dham, Banda the respondent No. 2 and the order dated 30.1.2006 passed by District Magistrate, Banda the respondent No. 3. Vide order dated 30.1.2006 petitioner's D.B.B.L. Gun licence was cancelled by the respondent No. 3 and by the subsequent order dated 16.8.2007 the petitioner's appeal against the cancellation has been dismissed.2. The petitioner is retired military personnel and happens to be D.B.B.L. gun licence holder. On the basis of the police report dated 11.5.2005 the petitioner's fire arm licence was suspended by the District Magistrate, Banda and pursuant thereto a show cause notice was issued to the petitioner on 24.5.2005. The police report dated 11.5.2005 was based on an F.I.R. which was registered as Case Crime No. 85 of 2005 under Section 147/148/149/307/504/506, I.P.C. and Section 7 of Criminal Law Ame...
Smt. Gulzar Yaseen and anr. Vs. Presiding Officer, Labour Court and an ...
Court: Allahabad
Decided on: Feb-06-2009
Reported in: 2009(3)AWC2330
Sunil Ambwani, J.1. Heard Shri Manu Saxena for the petitioners. Shri R.R. Yadav argued the matter on behalf of respondent No. 2-workman.2. Smt. Gulzar Yaseen, Chairman, Nagar Palika Parishad, Keeratpur, Bijnor, and Nagar Palika Parishad through its Executive Officer Shri Vikas Sain, have filed this writ petition to set aside an award dated 19.8.2002 of the Labour Court, U.P. at Rampur in Adjudication Case No. 45 of 1994, directing the employer to reinstate Shri Chaman Lal respondent No. 2 w.e.f. 29.1.1993, as if he was in regular service and to pay the entire wages and benefits which he would have been entitled on the ground that the termination of his service by the Nagar Palika Parishad was improper and illegal.3. Briefly stated the facts, leading to the reference of industrial dispute to the labour court, are that the respondent No. 2 workman Chaman Lal was appointed as a Sweeper (Safai Karamchari) on 6.9.1983. His services were regularized on 10.8.1987. The workman alleged in his w...
Mahendra Kumar Mudgal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-06-2009
Reported in: 2009(3)AWC3109; 2009CriLJ4312
P.C. Verma and S.K. Gupta, JJ.1. On 6.2.2009, we dismissed the writ petition for the reasons to be given subsequently. Now the reasons are stated hereunder:2. The petitioner was working as District Government Counsel (Criminal), Ghaziabad which shall in brevity be called as D.G.C. (Criminal) and by the impugned order dated 27.1.2008 the respondent No. 1 refused to renew the term of the petitioner as D.G.C. (Criminal), Ghaziabad. It was submitted by learned Counsel for the petitioner that District Judge, Ghaziabad had recommended the renewal of the term of petitioner but the respondent No. 1 mainly on the basis of the report of respondent No. 3 refused to renew the term of the petitioner which is illegal and against the provisions of L.R. Manual. It was further submitted that the impugned order is non-speaking as the same has been passed without assigning any valid reasons. Learned Counsel for the petitioner has relied upon the judgment of Apex Court rendered in the case of State of U.P...
Prafulla Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-05-2009
Reported in: 2009(3)AWC2310
ORDERTarun Agarwala, J.1. Heard Sri Ram Swaroop Singh, the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.2. It transpires that the petitioner purchased an agricultural plot and paid stamp duty on the basis of the rates prevailing for agricultural land. Subsequently, a notice under Section 47A/33 of the Stamp Act was issued to the petitioner to show cause why deficiency of stamp duty and penalty be not imposed upon him since in the opinion of the State, the land was liable to be assessed as residential land as it was in the proximity of an Abadi land. The prescribed authority, after considering the objections and other evidence that was brought on record held that the petitioner was liable to pay the stamp duty on the basis of rates applicable for residential land and was not liable to pay the rate for the agricultural land. The authority further observed that the land in question, no doubt was an agricultural land and that it was in the close p...
Ratan Chandra Arora (Since Deceased) and ors. Vs. Suresh Chandra and a ...
Court: Allahabad
Decided on: Feb-04-2009
Reported in: 2009(2)AWC1709
Barkat Ali Zaidi, J.1. A twenty-eight years old second appeal was dismissed for default, is sought to be resurrected by this Restoration application, which is accompanied by an application for condonation of delay.2. The dispute is between a tenant and landlord and the decree is for eviction of the tenant who seeks the revival of the appeal.3. Sri R. S. Misra, counsel for the applicant and Sri Arjun Singhal, counsel for the opposite parties have been heard.4. The counsel for the applicant-tenant has referred to the case of Rafiq and Anr. v. Munshi Lal and Anr. AIR 1981 SC 1400, wherein the following observations were made by the Supreme Court:The disturbing feature of the case is that under our present adversary legal system where the parties generally appear through their advocates, the obligation of the parties is to select his advocate, brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The party may be a villager or may belong ...
New India Assurance Co. Ltd. Vs. Motor Accident Claim Tribunal and Sec ...
Court: Allahabad
Decided on: Feb-04-2009
Reported in: 2009(85)AWC2035
S.U. Khan, J.1. Petitioner New India Assurance Company is behaving in a cruel manner. In an accident death occurred and claimants-respondents filed claim petition. Copy of the claim petition has not been annexed, hence it cannot be ascertained that what was the amount claimed. In any case in Lok Adalat, matter was compromised and claimants agreed to receive only a meagre amount of Rs. 34,000 in full and final satisfaction of their claim. Compromise was accepted on 22.10.1989. In the end of the said order, it was mentioned that decree would be subject to production of driving licence and fitness certificate of the offending vehicle.2. The argument of learned Counsel for the petitioner, New India Assurance Company that after payment of the amount to the claimants- Assurance Company should have been granted right to recover the said amount from the vehicle owner and its driver in case they fail to produce driving licence and fitness certificate is quite correct, hence accepted. However, d...
Smt. Meena Singh Vs. Mithlesh Kumar Singh
Court: Allahabad
Decided on: Feb-03-2009
Reported in: 2009(2)AWC1334
S.K. Singh and Pankaj Mithal, JJ.1. This is an appeal under Section 19 of the Family Courts Act, 1984 against the judgment, order and decree of divorce dated 30.9.2004, passed by the Family Court, Azamgarh in Original Suit No. 283 of 1999, Mithlesh Kumar Singh v. Smt. Meena Singh.2. The plaintiff-respondent instituted a suit for divorce against his wife defendant-appellant under Section 13 of the Hindu Marriage Act, 1956 on the ground of mental cruelty, desertion and refusal to discharge the matrimonial obligations. On due contest the suit was decreed and it was recorded that both the parties are living separately for many years and cannot live together as husband and wife.3. The appeal was referred to the Mediation and Conciliation Centre attached to the High Court vide order dated 1.10.2007 for the purposes of exploring the possibility of bringing about some reconciliation between the parties. However, the Mediation and Conciliation Centre after extensive deliberation with the partie...
Uma Shanker Maurya Vs. Assistant Labour Commissioner/Workman Compensat ...
Court: Allahabad
Decided on: Feb-03-2009
Reported in: 2009(2)AWC1457
ORDERTarun Agarwala, J.1. It transpires that the Commissioner Workmen's Compensation issued an ex parte order and awarded compensation of Rs. 3,96,522 in a claim application filed by respondent Nos. 2 and 3, in W.C.A. No. 35 of 2008, pursuant to which a recovery certificate has been issued.2. The petitioner on coming to know about the ex parte order has filed a recall application which has been entertained and the Commissioner Workmen's Compensation while fixing 20.1.2009 has stayed the recovery proceedings by its order dated 7.1.2009.3. It transpires that on 20.1.2009 the presiding officer was on leave and consequently 17.2.2009 has now been fixed by the office as the next date for the hearing of the case. The petitioner has approached the writ court alleging that since the Presiding Officer was not available, the office has fixed another date but the interim order staying the recovery was only operative till 20.1.2009, which has not been extended and now the Amin is pressing for the ...
Km. Savitri Devi and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-03-2009
Reported in: 2009(3)AWC2240
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri Siddharth Srivastava for the petitioners and learned Standing Counsel for the respondents.2. Aggrieved by the order dated 7.11.2007 transferring the petitioners from District Consumer Disputes Redressal Forum, Hathras to District Consumer Disputes Redressal Forum, Bulandshahr (hereinafter referred to as the 'District Forum') the petitioners have filed this writ petition under Article 226 of the Constitution of India.3. The facts which are not disputed in brief are that the petitioner No. 1, Km. Savitri Devi was appointed as Member, District Forum, Hathras vide order dated 26.7.2006 (Annexure-5 to the writ petition) by the State Government, for a period of five years or till she attained the age of 65 years whichever is earlier and pursuant thereto she joined on 1.8.2006. Similarly, the petitioner No. 2, Harish Kumar Saxena, Advocate was appointed vide order dated 20.6.2005 (Annexure-2 to the writ petition) in District Forum, Hathras and...
Rajendra Prasad Mishra Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Feb-03-2009
Reported in: (2009)IIILLJ511All
Tarun Agarwala, J.1. Heard Sri P.K. Sinha, the learned Counsel for the petitioner and Sri Sandeep Agarwal holding brief of Sri N. Das, the learned Counsel for the respondent No. 2.2. The services of the petitioner was terminated. A dispute was raised before the Industrial Tribunal with regard to the validity and legality of the order of termination dated September 28,1999. The Industrial Tribunal in its award found that the order of termination of the services of the workman was legal and that the management was justified in terminating the services of the workman. The Tribunal consequently declined to grant any relief to the workman. The petitioner, being aggrieved, has filed the present writ petition.3. A perusal of the award indicates that a stand was taken by the workman that he had worked for more than 240 days in a calender year and therefore, he was entitled for retrenchment compensation which admittedly was not paid to him. The Tribunal found that the workman was unable to prov...
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