Allahabad Court December 2010 Judgments
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Paritosh Singh and Others. Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Dec-08-2010
1. Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri V.B. Kalia, Advocate for the petitioners and Mrs. Sangita Chandra, learned Additional Chief Standing Counsel for the respondents. 2. By means of present writ petition, the petitioners are assailing the orders passed by the Commissioner, Commercial Tax dated 27.06.2008, by which the petitioners have been sent back to Lok Nirman Vibhag (parent department) where the petitioners had been substantively appointed. The petitioners also prayed that they be allowed to work on the post of Assistant Commissioner (Commercial Tax) in the Commercial Tax Department and a further writ of mandamus has also been sought for seeking directions to the respondents to consider and absorb the services of the petitioners in Commercial Tax Department on the post of Assistant Commissioner with effect from the date the services of the petitioners were transferred to the Commercial Tax Department i.e. 10.09.2001. 3. The order dated 27.06.2008 has bee...
Uma Devi Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Dec-08-2010
1. Heard Shri Anoop Trivedi, learned counsel appearing for the appellant and Shri R.N. Pandey, learned Standing Counsel for the respondents. 2. his special appeal is arising out of the order dated 27.10.2010 passed by the learned Single Judge by which the writ petition was dismissed. The Court held that the appellant was appointed as Assistant Teacher on 21.05.2003 whereas the vacancy in question had occurred on 30.06.2006 and the first day of the year of recruitment would be 01.07.2006. Thus by that time the petitioner had not completed five years' continuous regular service. Action of the committee of Management of the institution in passing resolution on 30.06.2010 cannot be subscribed for the simple reason that for the eligibility qualification, it is the year of recruitment in which vacancy occurred would be the relevant date and not the date when the Management sought to fill up the vacancy . As eligibility qualification would not depend on the sweet will of the Committee of Mana...
Cm Samajwadi Inter College Gabhiran and Another Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Dec-07-2010
1. Present special appeal has been filed against the judgment and order dated 2nd April, 2010 passed by the learned single Judge, whereby the writ petition preferred by the Committee of Management, Samajwadi Inter College, Gabhiran, Jaunpur through its Manager Sri Ram Prasad Singh and another challenging the order dated 25th /28th March, 2009 passed by the District Inspector of Schools as also the order dated 9th February, 2009 passed by the Prabandh Sanchalak was allowed and the aforementioned two orders were set aside by the learned single Judge. The writ petitioners have also filed cross objections seeking certain modifications in the impugned judgment and order passed by the learned single Judge. Their prayer is to set aside the direction given by the learned single Judge to the District Inspector of Schools, Jaunpur to pass a fresh order. Further a mandamus be issued commanding the Joint Director of Education, Varanasi Region, Varanasi to appoint Prabandh Sanchalak to take over th...
CM, Arya Kanya Pathshala Inter College, Bulandshahar Vs. State Of U.P. ...
Court: Allahabad
Decided on: Dec-07-2010
1. Heard Sri G.K. Singh and Sri Bheem Singh, learned counsels for the appellant, Sri Vinod Sinha, learned counsel appearing for respondent No.4 and learned Standing Counsel. 2. By consent of the learned counsel for the parties, the appeal has been heard and is being disposed of finally. 3. This appeal under Chapter-VIII, Rule 5 of the Rules of the Court has been filed against the judgment and order dated 19th October, 2010 passed by the Hon'ble Single Judge dismissing the writ petition of respondent No.4. While dismissing the writ petition Hon'ble Single Judge has issued certain directions which are impugned in this appeal. 4. Brief facts of the case, necessary to be noted for deciding the appeal, are; Arya Kanya Pathshala Association Khurja, District Bulandshahr is a registered society under the Societies Registration Act, 1860. The said society runs an institution, namely, Arya Kanya Pathshala Inter College, Khurja, which has been recognised under the U.P. Intermediate Education Act,...
The Oriental Insurance Co. Ltd. Vs. Workmen'S Compensation Commissione ...
Court: Allahabad
Decided on: Dec-07-2010
1. Heard Sri Amaresh Sinha, learned counsel for the petitioner and Sri Siddharth holding brief of Sri Alok Sharma appearing for respondent no.2 as well as Sri S.S. Nigam, learned counsel for respondents no.3 and 4. 2. By this petition, the petitioner has sought relief for quashing the orders dated 20.12.2003 and 20.1.2004 passed by Workmen's Compensation Commissioner, Meerut in W.C. Case No. 14 of 1998, contained in Annexures no.10 and 12 respectively to this petition. He has also sought for further relief in the nature of mandamus directing the respondents not to recover the amount on the basis of judgement and order dated 20.12.2003 passed by Workmen's Compensation Commissioner, Meerut. 3. The aforesaid reliefs sought for by this petition rest on the allegations that respondent no.2 filed a claim petition in respect of injuries sustained by him during the course of employment of respondent no.3 (M/s Dewan Tyer Ltd.) on 27.11.1996. The respondent no.3 (M/s Dewan Tyres Ltd. Partapur, M...
Manjit Singh, Ceo, Multi Screen Media Pvt Ltd. Vs. the State of U.P. a ...
Court: Allahabad
Decided on: Dec-07-2010
1. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the accused petitioner Manjit Singh, CEO, 'Multi Screen Media Pvt. Ltd.', resident of 101-A, Friends Colony East, New Delhi, before this Court to invoke its inherent power for quashing the proceedings of complaint case No. 628 of 2010; Pramod Bajaj v. Manjit Singh and others, under Sections 499/500 I.P.C. pending in the court of learned Additional Chief Judicial Magistrate-V, Lucknow (hereinafter referred to as 'Magistrate') as well as for quashing the summoning order dated 18.07.2010 passed by the learned Magistrate in the complaint case referred above. 2. The relevant facts giving rise to the present petition may be summarised as under:- 3. One MSM Satellite (Singapore) Pvt. Ltd. (hereinafter referred to as ' Company) is a Company incorporated under the laws of Singapore and has its office in city Singapore. The company operates channel known as "Sony Enterta...
Shiksha Samiti Gopalpur Vs. State of U.P.
Court: Allahabad
Decided on: Dec-07-2010
1. In this appeal the order of the learned Single Judge dated 12.10.2010 has been challenged. The dispute is only on the question whether the matter can be referred to the Prescribed Authority under Section 25(1) of Societies Registration Act, 1860 or not. 2. rom the order impugned herein it appears that since there is no referable dispute, the matter cannot be referred to the Authority. The learned Single Judge held that it is settled in law that unless and until there is factual dispute between the parties, the Assistant Registrar is not obliged to refer the matter to the Prescribed Authority and he can decide the same himself. The learned Judge has further said that the findings recorded by the respondents is based on evidence and there are various disputed question of facts, therefore he thinks it proper not to refer the matter to the Prescribed Authority. According to the learned Single Judge, no illegality has been committed by the Registrar. 3. Shri P.N. Saxena, learned Senior C...
Shiv Manorath Shukla and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-07-2010
1. The petitioners, who were appointed as Panchayat Mitras in District Kaushambi in December, 2006, have filed this petition for quashing that portion of paragraph 4 of the Government Order dated 25th August, 2010 which provides that where Gram Panchayat Rojgar Sewaks have completed three years of working, fresh selection proceedings should be undertaken for appointment of Rojgar Sewaks in accordance with the Government Order dated 23rd November, 2007. A further prayer has been made for restraining the respondents from taking any action in pursuance to the aforesaid paragraph 4 of the Government Order. 2. The Panchayat Raj Department of the State Government issued a Government Order dated 3rd July, 2006 notifying a Scheme for appointment of Panchayat Mitras in Gram Panchayats under the National Rural Employment Guarantee Act, 2005 (hereinafter referred to as the ''Act') in twenty two districts including District Kaushambi. The said Government Order dated 3rd July, 2006 provides for app...
Yash Dixit and AnoThe Vs. Union of India and Others
Court: Allahabad
Decided on: Dec-03-2010
1. Heard learned counsel for the petitioners and Sri J.P. Gupta, Advocate holding brief of Sri N.P. Singh for the respondents. 2. These two petitioners by means of this petition have prayed for a mandamus to admit them in Class VI and VIII respectively in Kendriya Vidyalaya No. 3, Jhansi pursuant to the recommendation of the respondent n. 2 dated 14.9.2010. 3. The writ petition has been contested by the Kendriya Vidyalaya Sangathan and it has been contended that the Institution namely the Kendriya Vidyalaya No. 3 is not situate within the constituency of the Hon'ble Member of Parliament who has made the recommendation in favour of the petitioners, as such the petitioners are not entitled for any relief. 4. It has been stated in Paragraph 10 of the counter affidavit that the Institution is situate at Gulam Gaus Marg, Railway Colony, (West) Khati Baba Raod Jhansi City which falls within the Jhansi-Lalitpur Parliamentary Constituency. The stand take is that the petitioners have been recom...
Ramesh Chandra (Singh) Vs. Hon'Ble High Court Of Judicature At Allahab ...
Court: Allahabad
Decided on: Dec-03-2010
1. We have heard Sri Govind Saran for the petitioner. Sri Amit Sthalekar appears for the High Court, Allahabad - respondent Nos. 1 and 2. Standing counsel appears for respondent No. 3 - the State. 2. By this writ petition the petitioner has prayed for quashing the order of punishment dated 8.5.2007 passed by the Full Court of the High Court at Allahabad, withholding his two increments, without cumulative effect, (Annexure-1 to the writ petition); and the order dated 6.10.2007 passed on his review application, (Annexure-3 to the writ petition), to the effect that the review was not acceptable. 3. The petitioner retired as District Judge, Etah in the year 1999. In the year 1998, when he was serving as Additional District & Sessions Judge, Jhansi, a charge sheet dated 30.3.1998 was issued to him by the High Court, with the allegations that he had granted bail to the accused Ram Pal Singh on 22.6.1996, on extraneous consideration. A disciplinary enquiry was conducted against him, in wh...
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