Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-09-2003
Reported in : III(2003)ACC717; 2003(4)AWC2620
..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-04-2003
Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307
..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : AIR2004All178
..... designation of advocates as senior advocates by the chief justice.-- (i) on approval by the court, the concerned advocate shall be designated as senior advocate under section 16 of the advocates act, 1961(ii) the registrar shall notify the designation to the registrar of the supreme court of india, the bar council of uttar pradesh, bar council of ..... on evidence or to do any drafting work of an analogous kind, in any court or tribunal, or before any person or other authority mentioned in section 30 of the act or undertake conveyancing work of any kind whatsoever. this restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in ..... the supreme court or without an advocate in part ii of the state roll in any court, or tribunal or before any person other authorities mentioned in section 30 of the act.(ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter, he shall not continue thereafter unless .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : AIR2004All209
..... advise on evidence or to do any drafting work of an analogous kind in any court or tribunal, or before any person or other authority mentioned in section 30 of the act or undertake conveyancing work of any kind whatsoever. this restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in ..... supreme court or without an advocate in part ii of the state roll in any court or tribunal, or before any person or other authorities mentioned in section 30 of the act.(ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter, he shall not continue thereafter unless ..... vi of the allahabad high court rules, 1952, chapter xxiv deals with the designation of senior advocates rules, 1999. such rules are framed under section 34(1) read with section 16(2) of the advocates act, 1961. some important rules are provided as below :'3. (a) mode of recommendation.--(i) proposal for designation of an advocate as a senior .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : 2004CriLJ2712
..... examined eight witnesses besides shiv bhushan singh, brother of complainant and moinuddin khan assistant sub-inspector of police office fatehpur, as court witnesses. the appellants were examined under section 313 cr. p.c. no oral defence evidence was adduced. out of the witnesses examined by the prosecution, three witnesses, namely, brij bhushan singh. smt, ..... one year's rigorous imprisonment and appellants shiv karan singh. adru singh, ram niwas singh and desh raj singh have been found guilty for the offence under section 148 indian penal code and sentenced to undergo two years' rigorous imprisonment.2. the appellants and two others, namely, ram bahadur and arjun singh (died ..... sessions judge, fatehpur convicting the appellants ram niwas singh, shiv karan singh, jai karan singh, desh raj singh and adru singh for the offences under sections 302/149 indian penal code and 364/149 indian penal code and sentencing each one of them to undergo life imprisonment for each offence. the appellants have .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-17-2003
Reported in : (2004)2UPLBEC1890
R.B. Misra, J.1. Heard Sri S.F.A. Naqvi learned Counsel for the petitioner. Sri Neeraj Tripathi said to be the Counsel for the Secretary, Basic Shiksha Parishad, Allahabad is not present, counter and rejoinder affidavits have been filed, therefore, assistance has been taken from Sri S.S. Sharma learned Standing Counsel for the State Government.2. In this petition, prayer has been made for issuance of writ of certiorari quashing the order dated 3.7.2000 passed by the Respondent No. 3 Basic Shiksha Adhikari, Sant Ravi Das Nagar. The claim of the petitioner is for getting employment on the compassionate ground in view of U.P. Recruitment of Dependants of Government servants Dying-in-Harness Rules, 1974 in short called 'Rules, 1974' hereinafter as amended Fifth Amendment Rules, 1999 as well as Sixth Amendment Rules, 2001.3. According to the petitioner the father and mother of the petitioner had already died in between 80-90 and only elder sister Km. Darakshan Bano was appointed Assistant T...
Tag this Judgment!Court : Allahabad
Decided on : Dec-16-2003
Reported in : (2004)IIILLJ340All; (2004)1UPLBEC581
..... rules of natural justice) are satisfied, the enquiry is not open to attack on the ground that the procedure laid down in the evidence act for taking evidence was not strictly followed.' similarly, in state bank of bikaner and jaipur v. srinath gupta, 1996 (74) flr 2739 (sc), the supreme court observed :--'it is ..... from the police custody but could not succeeds. we cannot understand what more the management could have done in this connection. as already stated above, the strict rules of evidence act and c.p.c. are not applicable to departmental proceedings. thus, in union of india v. t.r. verma (supra) the supreme court observed 'if these rules (the ..... , etc.23. it may also be mentioned that in a departmental enquiry the enquiry officer is not bound by the strict rule of evidence and procedure contained in the evidence act or c.p.c. vide union of india v. t.r. verma, air 1957 sc 882, (vide para 10); tannery footwear corporation v. state of u.p., 1980 (40 .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-16-2003
Reported in : 2004(2)AWC1242
M. Katju and Umeshwar Pandey, JJ.1. This writ petition has been filed against the impugned order of the U.P. Public Service Tribunal dated 3.3.1993 (Annexure-6 to the writ petition).2. Heard learned counsel for the parties.3. The respondent No. 1 had worked on purely temporary and ad hoc basis as routine grade clerk in the District Election Office. Ballia from 10.3.1980 to 30.6.1980 and thereafter he again worked in short term arrangement as routine grade clerk from 21.8.1981 to 31.8.1981, and then from 3.9.1981 to 30.9.1981, The respondent No. 1 worked during this period on a purely ad hoc, casual and temporary basis and not after any regular selection. Thereafter the respondent No. 1 worked from 4.3.1982 to 31.10.1982 on purely temporary basis and again from 6.2.1985 to 31.3.1985. All these appointments were on short term, ad hoc basis for the purpose of elections which were held from time to time.4. As stated in paragraph 5 of the respondent's own claim petition before the U.P. Publ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2003
Reported in : 2004(2)AWC1199
..... by the notification which had achieved finality.'28. the notification issued under section 4 and section 20 of the forest act have not been challenged by the company even though it had the knowledge of the said notification as it has mentioned the ..... land before the forest settlement officer. they did not file any objection or claim before the authorities in the proceedings under the act. after the notification under section 20 of the act, the respondents could not have raised any objection qua the said notification before the consolidation authorities. the consolidation authorities were bound ..... included the land claimed by the company. subsequently after considering the objections, the state government issued a notification dated 27.7.1970 under section 20 of the forest act declaring the land mentioned in the schedule to the said notification as reserved forest area. the land of the company had been included .....
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