Allahabad Court February 2010 Judgments
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Diwakar Singh Vs. Registrar General, High Court of Judicature at Allah ...
Court: Allahabad
Decided on: Feb-24-2010
A.P. Sahi, J.1. The petitioner Diwakar Singh contends that he holds a valid driving licence and is skilled in his profession and keeping in view his proficiency, honesty and devotion, he applied for being considered to be appointed as a Driver in the establishment of High Court. His complaint is that had there been a proper procedure adopted by the establishment of the High Court, the petitioner could have also been considered but his application appears to have not received any attention even though he had dispatched it by speed post addressed to the Hon'ble Chief Justice. He also made a complaint in his application, a copy whereof is Annexure-2, that the proceedings have been concluded earlier without following any procedure worth the name and hence an appropriate writ be issued in this regard.2. Shri Yashwant Singh, learned Counsel for the petitioner, contends that this matter was entertained on 10.2.2010 and the Registrar General of the Court was called upon to file his personal af...
Ram Bhajan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-24-2010
V.K. Shukla, J.1. In the present case on 10.2.2010 District Panchayat Raj Officer has passed order nominating Sukh Sagar, respondent No. 5 to function as officiating Pradhan.2. Brief background of the case is that Munna Yadav was the Pradhan and he died on 10.12.2009. District Magistrate on 7.2.2010 has nominated Sukh Sagar to function as officiating Pradahan. At this juncture present writ petition has been filed.3. Sri Ramanuj Yadav, Advocate, learned Counsel for petitioner contended with vehemence that in the present case, at no point of time, petitioner had ever given up office of pradhan and as such arrangement, which has been made is unjustifiable arrangement.4. Countering the said submission, learned Standing Counsel as well as Sri V.S. Dwivedi, Advocate on the other hand contended that rightful arrangement has been made, as such no interference be made.5. At this juncture Section 12J of the Act, which deals with making of arrangement in temporary vacancy in the office of Pradhan...
National Insurance Company Ltd. Vs. Sita Ram and Others.
Court: Allahabad
Decided on: Feb-24-2010
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.1.2010 passed by the Motor Accidents Claims Tribunal, Mirzapur in Motor Accident Claim Case No. 243 of 2006 filed by the claimant-respondent nos. 1 and 2 on account of the death of Manoj Kumar in an accident which took place on 28.8.2004 at 4.30 P.M. 2. The case of the claimant-respondent nos. 1 and 2 was that the said Manoj Kumar was working as Khalasi on the Truck bearing Registration No. UP 61A/6041 and used to earn Rs. 4,500/- per month; and that on the date of the accident, the said Truck was loaded with Gitti; and that the Driver of the vehicle in question (respondent no. 4 herein) rashly and negligently, hit and crushed the said Manoj Kumar when the said Manoj Kumar had got down from the Truck to inspect the Gitti. 3. The said Truck has hereinafter been also referred to as "the vehicle in question". 4. The Claim Petition was contested by the respo...
Ms Tata Chemicals Limited, Babrala, Distt. Badaun Vs. Assistant Commis ...
Court: Allahabad
Decided on: Feb-24-2010
1. Heard Shri Bharat Ji Agrawal, Sr. Advocate assisted by Shri Piyush Agrawal for the petitioner. Shri S.P. Kesarwani appears for the department. 2. M/s Tata Chemicals Ltd. is aggrieved by the reopening of the assessment proceedings under Section 21 (2) of the U.P. Trade Tax Act in respect of assessment years 1991-92, 1992-93 and 1994-95. In Writ Petition No.1982 of 1999 the notice dated 11.11.1999 for the assessment years 1991-92, 1992-93, 1994-95 is sought to be quashed. In Writ Petition No.1092 of 1999 notice dated 2.11.1999 for the assessment year 1993-94 issued by the Addl. Commissioner, Trade Tax, Bareilly Zone, Bareilly is under challenge. 3. Brief facts giving rise to these writ petitions are that the petitioner has established a factory for manufacture of fertiliser (Urea) at Babrala in the district of Badaun. The produced started in December, 1994. During the years 1991-92 to 1994-95 the factory was under construction. The petitioner had given contract for construction of fac...
Gufran Ahmad and anr Vs. State of U.P.
Court: Allahabad
Decided on: Feb-24-2010
1. These two bail applications have been filed relating to the same case crime no. 34 of 2005 under sections 147, 148, 149, 302, 307, 506 and 120-B IPC and section 7 of the Criminal Law Amendment Act, police station Dhoomanganj, district Allahabad, hence are being disposed of by this common order. 2. Heard Mr. Satish Trivedi, learned senior counsel for the applicant Gufran Ahmad and Mr. Ravindra Sharma for the applicant Muslim @ Guddu, Mr. Mewa Lal Shukla, learned AGA for the State and perused the record. 3. According to the allegations made in the FIR on 25.1.2005 at about 3.00 PM, the complainant's husband Raju Pal (an MLA) and his associates Devi Lal Pall and Sandeep Yadav were killed by seven-eight persons. Three persons, namely, Om Prakash, Saifulla and Smt. Rukhsana sustained gun shot injuries. It is alleged in the FIR that Mr. Atiq Ahmad, the then Member of Parliament, belonging to the Samajwadi Party, managed the murder of the complainant's husband with the help of 7-8 persons ...
U.P.S.R.T.C. Vs. A. Srivastava
Court: Allahabad
Decided on: Feb-23-2010
R.A. Singh, J.1. First Appeal No. 1066 of 1993 against judgment and award dated 14.7.1993 passed by Shri U.B. Singh, the then M.A.C.T./IX Additional District Judge, Kanpur Nagar, in M.A.C.P. No. 169 of 1989 was dismissed by Division Bench of Hon'ble S.K. Singh, J and Hon'ble Pankaj Mittal, J, on 16.2.2009 for non-compliance of orders dated 18.5.2004, 17.7.2004, 3.12.2007, 17.9.2008 and 22.1.2009 to prepare paper book. No restoration application was ever moved by appellant thereafter.2. This cross-objection was filed by Smt. Archana Srivastava and three others claimants for enhancement of compensation against same judgment and award dated 14.7.1993 in above F.A.F.O. No. 1066 of 1993 with contentions that the learned tribunal committed illegality in applying multiplier of 20 only even after coming to the conclusion that the deceased was only aged 31 years at the time of accident, and also committed illegality in not accepting the uncontroverted income of deceased as Rs. 2500/- per month....
Ram Babu Vs. State of U.P.
Court: Allahabad
Decided on: Feb-23-2010
Poonam Srivastav, J.1. Sri Rahul Mishra Advocate was appointed as Amicus Curiae by this Court on 28.1.2010. He appears on behalf of sole appellant who is in jail since March, 1999. Three accused were sent up to face trial in Session Trial No. 260 of 1999-Lakhan Singh son of Bhawani Singh, Ram Babu present appellant and Raj Bahadur, sons of Lakhan Singh, all resident of village Pehra, Police Station Baghwala, District Etah. Charges were framed against Lakhan Singh and Raj Bahadur under Section 302/34, 504 I.P.C. and against the present appellant Ram Babu under Sections 302, 504 I.P.C. Two accused Lakhan Singh and Raj Bahadur were given a judgment of acquittal. Ram Babu, present appellant was acquitted under Section 504 I.P.C. but convicted for an offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 10,000/-. In default of payment of fine to undergo further imprisonment of six months, out of the fine realized, Rs. 9,000/- was to be given to the sons...
U.P. Rajya Vidyut Utpadan Nigam Ltd. Vs. U.B. Engineering Ltd.
Court: Allahabad
Decided on: Feb-23-2010
1. Heard Sri B.K. Saxena, learned Counsel for the appellant and Sri R.N. Trivedi, Senior Advocate, assisted by Sri Akhilesh Kalra, on behalf of the respondent.2. Before coming to the merits and demerits of the appeal, it would be useful to mention certain relevant background of the case. The parties entered into a contract in March, 1981. On account of dispute, the matter was referred to Arbitrators appointed by the parties. As there was disagreement between the Arbitrators on certain points, the matter was referred to the Umpire, who delivered the Award on 20.3.1998. Thereafter the matter went to the Civil Court. The orders passed by the Civil Court were assailed before this Court in the instant appeal.3. On 18.12.2008, a Division Bench of this Court while hearing the matter came to the conclusion that as the factual dispute is involved it can be adjudicated by the mediator. On the agreement of the parties, the matter was relegated to mediator for amicable settlement. Later on Justice...
The Field Council of Norwegian Evangelical Mission and anr. Vs. State ...
Court: Allahabad
Decided on: Feb-22-2010
Dilip Gupta, J.1. The petitioners have sought the quashing of the order dated 13th May, 2009 passed by the Deputy Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the ''Deputy Registrar') by which he has observed that the list of office bearers of the governing body of the Society earlier registered on 24th March, 2009 is correct.2. It is stated that 'The Field Council of Norwegian Evangelical Mission, Karwi, District Chitrakoot' (hereinafter referred to as the ''Society') is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ''Act'). The registered office of Society is situated at Karwi, District Banda. It has a Memorandum of Association and Rules and Regulations. The Assistant Registrar registered the list of office bearers of the Society for the year 2005-06 in which Ms. Aase Jorgensen was the Chairman/Treasurer. On 1st September, 2006, she brought an agenda that due to her poor health and week eyesi...
Ugrasen Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-22-2010
Devendra Kumar Arora, J.1. By means of present writ petition, the petitioners have sought a writ in the nature of certiorari for quashing of the impugned order of suspension dated 18.11.2009, contained in Annexure No. 1 to the writ petition as well as a writ in the nature of mandamus commanding the opposite parties to reinstate the petitioners in service with all consequential benefits.2. The petitioners No. 1 to 3 are Constables of Civil Police and petitioner No. 4 is Head Constable. The petitioners have been placed under suspension by the impugned order dated 18.11.2009 on the allegation that on 12.10.2009 a raid was made in villages Sonai, Kanjera and Nahar Ka Purwa and seven persons were arrested alongwith equipment, raw material and unauthorised liquor under the provisions of Excise Act. During inquiry from villagers it was revealed that unauthorised liquor was being prepared in that village for long time with the collusion of the police employees deputed in the beat.3. Learned Co...
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