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Allahabad Court May 2013 Judgments

May 10 2013

Kumari Savita Trivedi Vs. United India Insurance Company Ltd. Thr. Man ...

Court: Allahabad

Decided on: May-10-2013

1. Instant F.A.F.O has been filed by Kumari Savita Trivedi aged about 27 years, Daughter of Sri Ravindra Prasad Trivedi, Resident of Mohalla-Islamabad, Kasba and Police Station Mohammadi, District Kheri for enhancement of the compensation awarded by the Tribunal in Motor Accident Claim Petition No.1 of 2004 by which learned Tribunal has awarded Rs. 2,62,650/- (two lacs sixty two thousand six hundred fifty only) on different counts. 2. A Claim Petition No.1 of 2004 was filed by Kumari Savita Trivedi against Sayeed Ahmad Son of Sri Bashir Ahmad resident of Mohalla Shuklapur, Kasba and P.S. Mohammadi, District Kheri and Ram Sharan Son of Sri Ram, resident of Village Rampur Hira, Banda, Police Station Banda, District Shahajahanpur and United India Insurance Company stating that on 10.1.2003 at about 5:30 P.M. she was coming back from Mohammadi Market to her Mohalla at Islamabad on a scooter which was being driven by her brother Yogesh Kumar and she was pillion rider. As soon as the the sco...

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May 08 2013

Sahara India and Others Vs. Labour Court, U.P., Agra and Another

Court: Allahabad

Decided on: May-08-2013

1. Heard Sri Shakti Swarup Nigam, the learned counsel for the petitioner and Sri Ashwani Mishra, the learned counsel for the respondents. The petitioner has challenged the award of the Labour Court directing reinstatement with continuity of service and with full back wages. This Court, while entertaining the writ petition, had granted an interim order directing reinstatement of the workman. It has been stated at the Bar that pursuant to the interim order the workman has been reinstated in service and he has been paid the wages. The facts leading to the filing of the writ petition is, that according to the workman he was appointed in the establishment of the petitioner since 1993 and in 2001 he was given a new appointment as a Trainee Officer. It is alleged that he was beaten up on 25.9.2001 by the goons of the employer and some signature was obtained on a blank piece of paper, which was used to show that the workman had resigned voluntarily on 26.9.2001. It is alleged that the alleged ...

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May 06 2013

M/S. Nbk Trade Linker Pvt. Ltd. and Others Vs. Railway Board and Other ...

Court: Allahabad

Decided on: May-06-2013

Ashok Bhushan, J. This bunch of writ petitions challenge the Rate Circular issued by the Railway Board providing for realisation of penal demurrage/wharfage charges. In Writ Petition No.11168 of 2011, pleadings are complete, which writ petition is being treated as the leading writ petition. Reference of facts and pleadings in Writ Petition No.11168/2011, shall be sufficient for deciding all the writ petitions. Brief facts of the case are:The petitioners are Private Limited proprietorship concern/partnership concern involved in the trading of coal and are importing coal from outside the State of U.P. through railway wagons. Section 30 of the Railways Act, 1989 (hereinafter called the "Act, 1989") authorises the Railway Board to notify rates of demurrage and wharfage from time to time and to revise the same. Rates Circular No.74 of 2005 dated 19/12/2005, was issued by the Railway Board on the subject "Free time and rates of demurrage, wharfage and stacking charges". Paragraph 3.3 of the ...

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