Allahabad Court September 2012 Judgments
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Committee of Management Vasundhara Foundation Village Revarideeh Vs. S ...
Court: Allahabad
Decided on: Sep-10-2012
1. There is a Society which has established an institution for training of BTC teachers. The provisions for granting such permission are contained in the Notification dated 31.8.2009 of the National Council for Teacher Education. 2. Learned counsel submits that the said provision indicates that an endowment of property/land of the Society in favour of the institution has to be made within 6 months of the date of grant of recognition. Sri Pandey submits that this is a reasonable condition and it can be complied with as soon as the formalities are completed and it is for this reason that 6 months' period has been given for that purpose. There is yet another requirement for grant of a No Objection Certificate by the State Government. It is at this stage that the petitioner finds an offending provision in the Government Order of the State Government dated 27.6.2011 whereby before grant of a No Objection Certificate, a provision has been made that the proposed land over which the institutio...
M/S. Anand Construction Company Vs. State of U.P.
Court: Allahabad
Decided on: Sep-10-2012
1. The petitioner filed a Suit No.263 of 1981 (M/s Anand Construction Company Vs. State of U.P and others) before the Civil Judge, Allahabad . (hereinafter referred to as 'Ordinary Court') praying for a decree of Rs.1,17,500/ with pendentelite and further interest @ 18% per annum. He impleaded the Uttar Pradesh Avas Evam Vikas Parishad and the Housing Commissioner, U.P as defendant Nos. 2 and 3. THE dispute relates to three . contracts being Contract Bond No.22/EE dated 24.02.1979, Contract Bond No.13/EE dated 15.09.1978 and Contract Bond No.8/EE dated 04.09.1978. Upon notice the defendant appeared and filed an application under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as '1940 Act') for stay of the suit in view of the arbitration clause in the contracts. THE Court stayed the proceedings of the Suit. 2. One Sri Sahil Kumar Mukerjee (Retired Chief Engineer, U.P PWD, . Lucknow) was appointed Arbitrator for all the three contracts by the Mukhya Abhiyanta, U.P Avas ...
Om Prakash Vs. Viiith Additional Dj
Court: Allahabad
Decided on: Sep-07-2012
1. This writ petition has been filed by the petitioner challenging the order dated 5.1.2000 passed by the VIII Addl. District Judge, Shahjahanpur in Civil Appeal no. 16 of 1999 Om Prakash and others Vs. Sanjeev Kumar Sharma whereby the court below has rejected the application of the petitioner seeking amendment of his written statement. Brief facts of the case, as stated in the writ petition are that the respondent no. 2. Filed a suit for permanent injunction against the petitioner which was registered as original suit no. 115 of 1995. The case was contested by the petitioners-defendants therein and a written statement was also filed by which a counter claim was set up by the petitioners-defendants against the plaintiff. The trial court framed issues and both the parties led their evidence and ultimately the trial court decreed the suit on 17.12.1998 against the defendants-petitioners. Aggrieved by the judgment and decree dated 17.12.1998 the petitioner filed civil appeal no. 15 of 199...
Ram Das Vs. State of U.P.
Court: Allahabad
Decided on: Sep-07-2012
1. Present Appeal preferred in this Court dates back to the year 1982. It was preferred by the appellants assailing the judgment and order dated 24.7.1982 passed by the then Addl Sessions Judge Mainpuri in Sessions Trial No 65 of 1980 whereby the case culminated in the conviction and sentences of the appellants. The appellant was convicted for offence under section 304 IPC and sentenced to under go RI for five years. Appellant Ram Singh was convicted for offence under section 324 IPC and sentenced to pay a fine of Rs 200/- with default stipulation to undergo RI for two months. The third appellant Thakur Das was convicted for offence under section 323 IPC and sentenced to pay fine of Rs 100/- with default stipulation to undergo RI for one month. The incident relates back to 29.6.1979 and it occurred in village Daya Ram Mauza Apur PS Eka Distt Mainpuri. In the instant case, the dispute erupted between the appellant and the complainant side over raising of boundary of the field. According...
Church City Junior High School Vs. State of U.P.
Court: Allahabad
Decided on: Sep-07-2012
Sudhir Agarwal, J. 1. Both these writ petitions involve similar questions of fact and law and, therefore, as agreed and requested by learned counsel for the parties have been heard together and are being decided by this common judgment. 2. Respective parties are represented by Sri V.M. Zaidi, learned Senior Advocate, Sri S.M.G. Asghar, Sri Utpal Chatterjee and Sri N.L. Pandey, Advocates and learned Standing Counsel. 3. The dispute has a chequered history which is evident from the fact that between the parties there has been more than a dozen of writ petitions in the last more than a decade. To appreciate real bone of contention giving rise to the present writ petitions, it would be appropriate to have a bird eye view of the relevant facts. 4. There is a society named, Church City Junior High School Shiksha Samiti, Sadar, Andarkot Thatherwara, Meerut, District Meerut (hereinafter referred to as "the Society") which was formed in 1997. The initial office bearers of committee of managemen...
New India Assurance Co Ltd. Vs. Savitri Singh
Court: Allahabad
Decided on: Sep-07-2012
Vishnu Chandra Gupta, J. 1. Heard learned counsel for the parties and perused the lower court record. 2. This appeal is directed against an award passed by the Motor Accident Claims Tribunal/Special Judge, E.C.Act, Unnao (hereinafter referred to as 'Tribunal') in Claim Petition No. 15 of 2001 (Smt. Savitri Singh and others Vs. Rasheed Ahmad and another). The brief facts of the case in short, are that on 24.9.2000 deceased Ashok Kumar Singh, being driver of Deputy Director Agriculture (Prasar), Unnao was coming on the government Jeep having registration no. U.M.R. 7008 from Unnao to Lucknow. At 7.20 a.m. on Lucknow-Kanpur Highway near Mongali Water Park within the police station Ajgain, District Unnao a bus having registration no. U.P. 76/9181 driven by its driver in rash and negligent manner hit the Jeep, resulting into severe injuries to Ashok Kumar Singh, who succumbed to injuries in District Hospital,Unnao. The claim petition was filed by his wife (Smt. Savitri Singh) three daughter...
Mool Chand Vs. State
Court: Allahabad
Decided on: Sep-07-2012
1. The above Criminal Appeals have been preferred by the appellants assailing the judgment and order of the court below dated 3.4.1982 rendered by X Addl Sessions Judge Etah in trial No 627 of 1978 whereby the appellant Mool Chand has been convicted for offences under section 363, 366A, 354 and 368 IPC and sentenced to undergo RI for 3 years, 4 years, six months and four years respectively. Appellant Reshma and Vivekanand have been convicted under section 366A and 368 IPC and each of them have been sentenced to undergo RI for 4 years and again for 4 years respectively. The prosecution case is that Km Anar Devi, a minor girl native of village Unchagaon within the circle of PS Sahawar district Etah who had been induced by appellant Mool Chand to accompany him on a false pretext of showing her Exhibition at Aligarh about 3 years back (from the date of recovery of the girl), was recovered from the possession of Vivekanand and Smt Reshma appellants from a house situated in Mohalla Ambakhar ...
Subodh Kumar Vs. Presiding Officer Labour Court-ii Meerut and Another
Court: Allahabad
Decided on: Sep-07-2012
Heard Sri Siddharth, learned counsel for the petitioner and Sri S.S. Nigam, learned counsel appearing on behalf of respondent no.2. The writ petition has been filed challenging the award dated 24.2.1998 published on 31.7.1998. The case of the petitioner workman is that he was employed on the post of Supervisor in the factory of respondent no. 2 from March, 1990 and on 1.2.1993 his services were terminated by the respondent no.2. The petitioner raised industrial dispute after failure of the reconciliation proceedings, the State Government made a reference under Section 4-A of the U.P. Industrial Disputes Act, 1947(hereinafter referred to as the 'Act'). The disputed reference for adjudication is as follows:- "Whether the removal of their workman Subodh Kumar son of Ilam Singh from the Service by the employers on 01.02,1993 is unjust and illegal? If yes, then to what relief/benefits is the concerned workman entitled to and with details?" The Adjudication case No. 172 of 94 was registered....
FakhruddIn Vs. State
Court: Allahabad
Decided on: Sep-07-2012
S.I. Surajpal Manoj, J. 1. Both the criminal Appeals have been preferred assailing the judgment and order dated 15.5.1982 passed by Addl Sessions Judge Bulandshahare in S.T. No 160 of 1981 whereby the appellants have been convicted for offences under section 396 IPC and each of them have been sentenced to undergo R.I. for 10 years. It would transpire from the record that initially accused Fakhruddin, Nizamuddin , Prem, and Rohtash and Khurshid were committed for trial. The trial has its genesis in the FIR lodged by the complainant Dori Lal Gupta of village Amargarh District Bulandshahre and consequential investigation conducted by the local police of PS Jahangirabad. Mentioning background, the complainant alleged that two days prior to the occurrence, accused Fakhruddin, a native of the same village, had come to his shop and demanded cigarette on credit which request was declined. It is further alleged that in the meanwhile, the younger brother of complainant happened to be at the shop...
Reliance Industries Limited and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-07-2012
Devi Prasad Singh, J. 1. The petitioner has preferred instant writ petition under Article 226 of the Constitution of India feeling aggrieved with the impugned order passed under Section 25 of the Uttar Pradesh Value Added Tax Act, 2008 (in short VAT Act) after remand of the matter by the Trade Tax Tribunal, Lucknow. The impugned assessment order imposing tax has been assailed pointing out the jurisdictional error claiming transaction to be Inter-State sales. 2. In this bunch of writ petitions, common question of law and facts are involved and the same assessment order has been challenged, hence with the consent of the parties' counsel, arguments were heard and now decided by common judgment. Writ petition No. 6281 of 2010 is treated as leading writ petition to adjudicate the controversy. 3. Keeping in view lengthy argument advanced by the parties' counsel, we are adjudicating the dispute under the following heads: (I) Facts (II) Maintainability of Writ Petition (III) Constitutional and...
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