Allahabad Court January 2011 Judgments
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State of U.P. Vs. Presiding Officer, Labour Court, Kanpur and Another
Court: Allahabad
Decided on: Jan-24-2011
1. Heard learned counsel for the parties. 2. This writ petition is directed against award dated 27.10.1993 given by presiding officer labour court (I) U.P. Kanpur in Adjudication case no.67 of 1991. The matter which was referred to the labour court was as to whether action of petitioner employer terminating the services of its workman Atar Singh respondent no.2 in this writ petition w.e.f. 01.04.1990 was just and valid or not. 3. The workman contended that he was appointed as tree planter in November 1988 and worked on the said post until 31.03.1990 however w.e.f. 01.04.1990 his services were terminated without any notice or retrenchment compensation. The employer pleaded that the workman was engaged on daily wages basis from time to time, that he had never worked continuously and that since September 1989 he had not worked with the petitioner. The workman admitted that since September 1989 till March 1990 he had not been paid any wages. Towards concluding portion of para 10 of the awa...
Ms Indian Trading and Chemicals, C.2 of 37, Vikas Market, Kamla Nagar, ...
Court: Allahabad
Decided on: Jan-24-2011
1. This is a revision under Section 11 of the U.P. Trade Tax Act (hereinafter referred to as the "Act") against the order of the Tribunal dated 27.11.2003 for the assessment year 2001-02. 2. The brief facts giving rise to the present revision are that; the applicant is engaged in the business of buying and selling of Bitumen, etc. and is a registered dealer under the U.P. Trade Tax Act and under the Central Sales Tax Act. The applicant claimed to have sold 9 M.T. Bitumen to M/s. M.K.S. Construction Company Private Limited, North Civil Lines, Jabalpur against bill no. 79 dated 1.3.2002. The aforesaid goods were booked with M/s. Chaudhary Transport Commission Agency, Gate No. 1, Mathura Refinery, Mathura vide G.R. No. 698 dated 1.3.2002. The goods were loaded on 1.3.2002 in Tanker No. U.P. 81 D-4408. The case of the applicant is that M/s. M.K.S. Construction Company Private Limited, North Civil Lines, Jabalpur had purchased Bitumen from M/s. Indian Oil Corporation Limited, Mathura vide b...
Clark Hotel Limited Thru' Managing Director Upendra Gupta Vs. Stae Of ...
Court: Allahabad
Decided on: Jan-24-2011
1. These two writ petitions question the validity of the house valuation as well as imposition of house tax under U.P. Municipal Corporation Act, 1959 (the Act) by the Nagar Nigam, Varanasi (the Corporation). THE FACTS 2. Clark Hotel Limited (the Petitioner) is a company incorporated under the Companies Act 1956. It runs hotels in a different parts of the country. It also runs a five star hotel at 20/54-A, the Mall, Varanasi within the municipal limits of the Corporation. 3. The proceeding for the house valuation as well as house tax were taken against the petitioner by the Corporation. Against the order for house valuation, an appeal was filed under section 472 of the Act. In the appeal, the annual value was fixed at Rs.55,000/- on 24.2.1978. 4. The Corporation filed an appeal against the aforesaid order. It was dismissed. Thereafter, the writ petition No.307 of 1979 was also filed by the Corporation that writ petition was dismissed on 23.3.1999. 5. Subsequently, some more rooms and h...
Prabhakar Shukla at Disco Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-21-2011
1. This writ petition has been filed with a prayer to quash the impugned summoning order dated 2.8.2005 (annexure 22 to the writ petition) passed by Chief Judicial Magistrate, Bhadohi in criminal misc. case no.4 of 2005 arising out of case crime no.671 of 2004, P.S. Gopiganj, District Sant Ravidas Nagar (Bhadohi) as well as order dated 11.11.2005 (annexure 24 to the writ petition) passed by Sessions Judge, Bhadohi at Gyanpur in criminal revision no. nil of 2005 (Prabhakar Shukla @ Disco v. State of U.P.). 2. The facts of the case are that respondent no.2 - Ram Surat Shukla lodged a F.I.R. against the petitioner under section 304 IPC at P.S. Gopiganj, District Sant Ravidas Nagar (Bhadohi) on 17.9.2004 at 00:10 a.m. stating therein that his son Girja Shanker Shukla had gone with the petitioner Prabhakar Shukla @ Disco on a motorcycle on 10.9.2004 (Friday) at 6:00 a.m. for Varanasi. On 11.9.2004 at about 11- 12 p.m., a telephonic information was received that Girja Shanker Shukla had been...
Dr. Vinay Kumar Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-21-2011
1. We have heard Shri Shailendra, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri B.D. Mandhyan, Sr. Advocate assisted by Shri Satish Mandhyan appears for the University. 2. The petitioner is serving as Professor in the Department of Commerce, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur. He was appointed as Coordinator of B.Ed. Examination by the University for the period upto 17.5.2008. By this writ petition he has prayed for directions to set aside the exparte enquiry report dated 12.12.2007 and suspension order dated 26.4.2009. He has also prayed for a writ of mandamus directing the respondents to complete the enquiry under Section 8 (1) of the U.P. State Universities Act, 1973, and to proceed for enquiry under Section 8 (4) only, if anything is found against him. He has also made prayer to direct the respondents to verify whether any complaint in the form of affidavit exists and whether any prima facie case exists with r...
Naresh Kumar Babbar and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-21-2011
1. This revision under section 397 / 401 Cr.P.C. is directed against order dated 27.11.2009 passed by Chief Judicial Magistrate, Gautam Budh Nagar in criminal case no.16013 of 2009, State Versus Ramesh Chandra and others arising out of case crime no.701 of 2009, P.S. Sector 39, Noida, District Gautam Budh Nagar whereby, on the basis of charge sheet submitted by the police, cognizance was taken by the Magistrate and the revisionists were summoned to face trial under sections 406, 420, 467, 468, 471, 323, 504, 506 IPC. 2. In brief, the facts of the case are that on 8.10.2009, opposite party no.3 Vinay Khaitan moved an application under section 156 (3) Cr.P.C. in the Court of Chief Judicial Magistrate, Gautam Budh Nagar against the revisionists Ramesh Chandra, Sanjai Chandra, Naresh Kumar Babbar and one Anupam Singh (non-applicant) for having committed offences punishable under sections 323, 406, 420, 467, 468, 471, 504, 506 IPC. On orders of the Magistrate, F.I.R. was lodged at P.S. Sect...
Shiva Ent Ydyog Vs. National Human Rights Commission and Ors
Court: Allahabad
Decided on: Jan-21-2011
1. We have heard Shri Shashi Nandan, Senior Advocate assisted by Shri Nitin Gupta for the petitioner. Learned Standing Counsel appears for the State respondents. 2. The petitioner has prayed for quashing the order dated 10.8.2010 issued by the Assistant Registrar (Law) of the National Human Rights Commission, New Delhi, directing the District Magistrate, Bulandshahr to initiate action against the petitioner under the provisions of Bonded Labour System (Abolition) Act, 1976, and to send action taken report to the Commission within six weeks. 3. The petitioner is firm, engaged in the business of running a brick kiln at village Dulhaira, Vair Road, Tehsil Sikandrabad, District Bulandshahr, U.P. in the name and style of 'Shiva Bhatta'. One Shri Gopal son of Shri Bahori resident of Banal, Tehsil Shikarpur, Police Station Pahasu, District Bulandshahr made a complaint to National Human Rights Commission (NHRC), alleging that he along with his family members are held as bonded laborers by one ...
Professor Ajay Kumar Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-21-2011
1. We have heard Shri Shailendra, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri B.D. Mandhyan, Sr. Advocate assisted by Shri Satish Mandhyan appears for the University. 2. The petitioner is serving as Professor in the Department of Zoology. He was appointed as Examination Controller of B.Ed. Examination by the University. By this writ petition he has prayed for directions to set aside the exparte enquiry report dated 12.12.2007 and suspension order dated 26.4.2009. He has also prayed for a writ of mandamus directing the respondents to complete the enquiry under Section 8 (1) of the U.P. State Universities Act, 1973, and to proceed for enquiry under Section 8 (4) only, if anything is found against him. He has also made prayer to direct the respondents to verify whether any complaint in the form of affidavit exists and whether any prima facie case exists with regard to irregularities in B.Ed. examination. 3. The writ petition was fil...
Udai Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-21-2011
1. We have heard Shri Ranjeet Saxena, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri V.P. Varshney appears for the Commission. The respondent Nos.4, 5 and 6 are represented by Shri Pankaj Khare and Shri Shashi Bhushan and have filed their reply. 2. The petitioner was appointed as Regional Inspector (Technical) under the Regional Transport Officer, Jhansi on 21.9.2001. By this writ petition he has prayed for directions to quash the Government Order dated 31.12.2008 only in respect of respondent Nos.4, 5 and 6 issued by the Special Secretary, Transport, Government of U.P. promoting them as Asstt. Road Transport Officer (ARTO), which is a Class-II post. He has also prayed for direction to permit the petitioner on the post of ARTO in the Transport Department of the Government of U.P. 3. The factual matrix of the case is that the petitioner was appointed as Regional Inspector (Technical) under RTO Jhansi on 21.9.2001. His service conditi...
Vijai Singh Vs. Samar Singh and Another
Court: Allahabad
Decided on: Jan-21-2011
1. Heard learned counsel for the parties. 2. This writ petition is directed against order dated 29.10.1997 passed by District Registrar, Jalaun in an appeal under Section 72 of Registration Act 1908 Samar Singh vs. Vijai Singh. Through the impugned order 3 months and 24 days delay in filing appeal has been condoned. The sale deed was refused to be registered by the Sub Registrar through the order dated 12.2.1996. According to Samar Singh appellant respondent no.1 in this writ petition he got the information of the refusal order on 24.2.1996. There is no dispute that limitation of 30 days to file appeal under Section-72 of Registration Act starts from the date of knowledge. Appeal was filed on 18.6.1996. However, delay condonation application was filed on 16.12.1996. In the said application it was stated that appellant respondent no.1 remained ill from 27.2.1996 to 17.6.1996. This allegation of illness has been found to be correct by the District Registrar, Jalaun at Orai. 3. The main p...
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