Court : Allahabad
Reported in : 2009(3)AWC2386
Sabhajeet Yadav, J.1. A short question arises for consideration is that as to whether on a question raised by defendant in suit, that suit is barred by principle of res judicata and the question should be decided as preliminary issue first, it is obligatory upon the trial court to decide it as preliminary issue first by postponing the settlement of other issues involved in the suit?2. The brief facts of the case are that originally there was only one plot No. 9 at Loni Road Industrial Area, Site 2, Ghaziabad which was allotted to the plaintiffs-respondents in the year 1969, but since the plaintiff did not raise any construction and did not start the industrial unit as such the lease itself was cancelled on 31.1.1972. After cancellation of the lease the original plot No. 9 Loni Road Industrial Area, Site 2, Ghaziabad was divided into 2 plots, i.e., plot Nos. 9 and 9A. The plot No. 9 ad-measuring an area of 15965 sq. yards after division of original plot No. 9 allotted to M/s. Hind Forge...
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4083
S.U. Khan, J.1. At the time of hearing of this petition no one appeared on behalf of contesting respondent No. 3. Surajpal Singh, hence only the arguments of learned Counsel for the petitioner were heard. Respondent No. 3 filed a suit for specific performance of agreement for sale against the petitioner in the form of O. S. No. 467 of 1983. The suit was decreed by 7th Additional Munsif, Shahjahanpur through judgment and decree dated 12.5.1985 copy of which has not been annexed. However, in para 2 of the writ petition it has been mentioned that the suit was only for specific performance of contract with respect to 1/4 and 1/2 share of the petitioner in agricultural plot Nos. 186 and 187. Appeal against the judgment and decree was also dismissed on 29.7.1986. (Civil Appeal No. 27 of 1986). Thereafter on 31.3.1987 plaintiff respondent No. 3 filed an application for execution of decree before Munsif Shahjahanpur which was registered as Execution Case No. 34 of 1987. In the said execution o...
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC2023
Sabhajeet Yadav, J.1. By this petition, the petitioner has sought relief of writ of certiorari for quashing the order dated 07.02.2009 (Annexure-7) of the writ petition) passed by the Motor Accident Claims Tribunal, Aligarh (hereinafter referred to as 'the Claims Tribunal) in MACP No. 76 of 2007 Anokhe Lal and Ors. v. Anwar Khan and Ors., whereby application of the petitioner under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for contesting the claim petition on merits has been rejected by the claims tribunal. 2. The brief facts of the case are that an accident took place on 29.6.2006. It is alleged that in the said accident Omwati Devi was hit by Tata 407 Truck No. U.P. 81/D-2522 owned by respondent No. 7, as a result of which she died. The claimants/respondents No. 1 to 6 filed a claim petition on 12.2.2007 under Sections 140 and 166 of the Act being MACP No. 76 of 2007 before the Claims Tribunal claiming compensation of Rs. 6,37,000/- for the de...
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC1831
Rajes Kumar, J.1. This is an appeal against the order dated 8.12.2008, passed by the learned single Judge in Writ Petition No. 63078 of 2008, Rajeshwar Prasad Singh and Ors. v. State of U.P. and Ors.2. Brief facts of the case giving rise to the present appeal are that there is a college, named, as Sri Gandhi Vidyalaya Intermediate College, Kachhwa, district Mirzapur (hereinafter referred to as 'institution') a recognized Intermediate College and is under grant-in-aid. The provisions of U.P. Intermediate Education Act (hereinafter referred to as 'Act') and Payment of Salaries Act, 1971 are applicable. The institution was established by a registered Society known as Sri Gandhi Vidyalaya Higher Secondary School, Kachhwa, Mirzapur (hereinafter referred to as 'Society'). The Society has its own registered bye laws and the institution has its approved Scheme of Administration approved by the Deputy Director of Education, Varanasi Region, Varanasi. It appears that the Scheme of Administration...
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC1871
Tarun Agarwala, J.1. A tricky situation has arisen, namely, whether a case listed on the cause list, should be adjourned on account of an illness slip being sent by a counsel for a party, when, in fact, the said party is also being represented by another counsel, whose vakalatnama or instructions has not been withdrawn. This is a vexed question which has been troubling the Court for some time, but was being ignored because of social and other extenuating factors. But, now, the misuse of the illness slip has become rampant and now remedial measures are required to be introduced to curb this malpractice and revive the healthy traditions of the Court, which has been built over the last century. In the present scenario, and in the present working conditions of the Court and its dispensation of justice, the time has now come where the misuse of illness slip is required to be addressed by the Court itself. The Court cannot remain a silent spectator and allow this issue to be swept under the ...
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC1837
Yatindra Singh, J.1. The main question involved in these two appeals is, if the possession of land is taken before publication of notification under Section 4(1) of the Land Acquisition Act (the Act) then, whether any interest is payable on the compensation or not.THE FACTS2. 5 Bigha 13 Biswa 18 Dhoor (3.56 acres) of land situate in village Manshahpur, Pargana Bhadohi district Varanasi was acquired for 'Inar Gaon Rajwaha' under the Act. The possession was taken on 10.2.1984. However the notifications under Section 4(1) and Section 6(1) of the Act were published on 25.8.1987 and 23.1.1988 after possession was taken.3. The S.L.A.O. summoned the sale deed of the area. Five sale deeds were placed before him. He relied upon the sale deed mentioned at serial No. 4 in the Schedule II. It was executed by Smt. Kunta Devi on 6.7.1985. It was for 17 biswa 14 dhoor of land of plot No. 168 of the same village for consideration of Rs. 22,125. This sale deed gave the rate of Rs. 25,000 per bigha. It ...
Tag this Judgment!Court : Allahabad
Reported in : (2009)IIILLJ683All
Sibghat Ullah Khan, J.1. Petitioner was a clerk in Central Bank of India. He was found involved in embezzlement of lakhs of rupees. Accordingly, after holding inquiry he was compulsorily retired through order dated September 17, 2001, Annexure 12 to the writ petition. Through the said order he was removed from bank service with retiral benefits. That order was passed by Regional Manager, Agra. Against the said order petitioner filed appeal. Appeal was allowed on March 11, 2003 by Appellate Authority/Deputy General Manager and punishment of removal was substituted by reduction by eight stages in time scale of pay for 10 years. There was four charges. Against every charge, reduction by two stages was granted. Against charge No. 1 and 2 reduction was for three years each and against charge Nos. 3 and 4 it was for two years each. Copy of the said order has been annexed along with supplementary affidavit, dated August 20, 2005. Petitioner has challenged this order.2. Allegations were in res...
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2535
S.U. Khan, J.1. The grievance of the petitioner is that appointment of respondent No. 4 as Shiksha Mitra in 2003 is being renewed every year and fresh selection is not being held.2. Initially my view was that the import of Government order dated 1.7.2001 is that engagement of Shiksha Mitra is not job oriented and it also partakes the nature of largess and by virtue of para 5 of the said G.O. normally the period of engagement is to be one year, and only, in exceptional circumstances it can be extended only for one more academic session. I was also of the opinion that renewal was against the very spirit of the said G.O. as under the said G.O. fresh selection every year was a general rule and renewal was an exception and that also only for one more academic session after initial engagement. If the largess is distributed to more persons it is better than confining it to fewer persons. Renewal of any kind by the Government is against Articles 14, 16 and 21 of the Constitution vide Full Benc...
Tag this Judgment!Court : Allahabad
Reported in : 2009(85)AWC1959
Tarun Agarwala, J.1. Heard Sri Anoop Trivedi, the learned Counsel for the petitioners and Sri Prabhakar Awasthi, the learned Counsel for the respondent No. 6.2. Two members of a society known as Dharm Samaj Society Inter College and Sanskrit Pathshala, Aligarh, have filed the present writ petition challenging the order dated 3rd May, 2008 passed by the Deputy Registrar, Firms, Societies and Chits, Agra under Section 4 of the Societies Registration Act. By this order, the office bearers of the managing body have been registered.3. At the outset, the writ petition filed by two members of the Society is not maintainable. A dispute with regard to the election of the office bearers of a Society can be challenged by 1/4 members of the Society under Section 25(1) of the Act. The provision of 1/4 members of the Society was deliberately incorporated for a purpose and one such reason is, that frivolous dispute may not be raised by an individual and that a majority of the members of the society, ...
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2205
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri V.K. Goel for the petitioners at length.2. The writ petition is directed against the order of the Central Administrative Tribunal, Allahabad (hereinafter referred to as 'Tribunal') disposing of the Original Application Nos. 562 and 772 of 2004 of the petitioner-respondent No. 1 (hereinafter referred to as 'respondent No. 1'.3. It appears from the record that the respondent No. I was working as P.W. I Selection Grade-Ill in Northern Railway in the pay scale of 6,500 -10,500 in the year 1997 and was posted at Sadalpur, Rajasthan under Bikaner Division of Northern Railway. He submitted an application seeking his transfer from Northern Railway to North Eastern Railway, which was accepted by the competent authority and was communicated to the respondent No. 1 by letter dated 4.2.2000 issued by the General Manager (Karmik), Northern Railway, Baroda House, New Delhi. The aforesaid transfer was on bottom seniority since was allowed on the reque...
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