Court : Allahabad
Decided on : Dec-12-2006
Reported in : 2007(1)AWC1020
Shiv Shanker, J.1. Criminal Misc. Writ Petition No. 6742 of 2006 (Suresh Kumar Modi v. State of U.P. and Ors.) and Criminal Misc. Writ Petition No. 6950 of 2006 (Mr. Amit Modi and Ors. v. State of U.P. and Ors.) have been filed regarding one criminal case, therefore, both the writ petitions are being disposed of by this common judgment. In both the writ petitions it has been prayed that issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report (hereinafter referred to as the F.I.R.) dated 10th May, 2006 lodged against the petitioner/s at Police Station Modi Nagar, District Ghaziabad as Case Crime No. 166 of 2006, under Sections 406 and 420 I.P.C.2. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Counsel, assisted by Sri Udai Chandani and Sri Sikandar B. Kochar, learned Counsel appearing for thepetitioner's and learned A.G.A. as well as the Sri Brijesh Sahai and Sri B.C. Rai, learned Counsel appearing for the respondent No. 4 and peru...
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2006
Reported in : [2007(113)FLR947]
Shri Narayan Shukla, J.1. Heard Mr. H.G.S. Parihar, learned Counsel for the petitioner and Mr. Sudeep Seth, learned Counsel for the respondents.By means of the present writ petition, the petitioner has prayed for issuing a writ of mandamus commanding the opposite parties particularly opposite party No. 3 to give appointment to the petitioner on compassionate ground on any suitable post ignoring the family pension, post retiral benefits and assets of the family of the deceased, The petitioner has also prayed for quashing the order dated 19.11.2002 passed by the Branch Manager, Region-IV Zonal Office Gorakhpur, whereby the petitioner's request for compassionate appointment has been rejected on the ground that the retiral dues of the deceased employee is Rs. 5.2 lacs and the family pension is Rs. 3900/- per month as well as monthly relief from MVVS is Rs. 375/- is being paid to the family of the deceased employee. Thus including family pension and relief from MVVS and interest on investme...
Tag this Judgment!Court : Allahabad
Decided on : Nov-27-2006
Reported in : 2007(1)AWC487
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Sri Umesh Narain Sharma, seeks the following reliefs:(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 13.6.2005 issued by the respondent No. 2 (Annexure 'l' to the writ petition);(ii) issue a writ, order or direction in the nature of mandamus commanding upon the respondents to pay the claim of Rs. 3.31 lacs to the petitioner in respect of the expenses incurred in the treatment of the petitioner;(iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper and to which the petitioner may be found entitled to in the facts and circumstances of the case;(iv) award costs of this petition to the petitioner.2. Briefly stated, the facts giving rise to the present petition are as follow:The petitioner is a Senior Advocate of this Court. He had taken a mediclaim insurance policy from the ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-02-2006
Reported in : [2008]83SCL123(All)
Sunil Ambwani, J.1. Heard Shri Ravi Kant, senior advocate assisted by S.N. Tiwari for the ex-directors of the company (in liquidation), namely, Smt. Alka Mahajan, wife of Shri Sanjay Mahajan, Ajay Mahajan, Shri Sanjay Mahajan and Shri Ashok Mahajan all sons of late Shri Keshav Ram Mahajan and Smt. Juhi Mahajan, wife of Shri Ajay Mahajan. Shri Rajnath N. Shukla appears for the Official Liquidator. Shri S.K. Saxena, the Official Liquidator is present. Shri Anurag Khanna appears for PICUP.2. Danin Leathers Ltd. (in liquidation) was wound up by the court on 12-10-1999, on a creditors' winding up petition and the Official Liquidator was appointed as the liquidator of the company. The ex-directors were required to file the 'statement of affairs' and to handover the possession of the assets of the company (in liquidation) to the Official Liquidator. They, however, kepi on delaying the matter, in spite of full knowledge of the proceedings of liquidation, and ultimately after several summons, w...
Tag this Judgment!Court : Allahabad
Decided on : Sep-15-2006
Reported in : 2006(3)AWC3146
Amitava Lala, J.1. All the aforesaid writ petitions are Identically placed and analogously heard, therefore, connected for the purpose of disposal by this solitary judgment, which will govern all the matters.2. In the prime writ petition vires of Rule 12 of the Electricity Rules, 2005 (hereinafter called as the Rules) is under challenge. But the basic prayers in all the writ petitions are to quash the First Information Report (hereinafter called as F.I.R.) and not to arrest the petitioners on account of alleged theft of electricity. The contention of the petitioners is that the police has no power to arrest them without any cognizance to be taken up by the appropriate court under Section 151 of the Electricity Act, 2003 (hereinafter referred to as the Act). According to us, these are rarest of the rare cases where the Court is genuinely called upon to interfere with the cause of arrest.3. Since the vires of the Central Rules under the Act is challenged, the Court was pleased to issue n...
Tag this Judgment!Court : Allahabad
Decided on : Aug-25-2006
Reported in : [2006(111)FLR458]
Ashok Bhushan, J.1. Heard Sri J.P. Singh, framed counsel for the petitioners and Sri Vivek Ratan, learned Counsel appearing for the respondents Bank.2. By this writ petition the petitioner have prayed for quashing the orders dated 15.9.2003 and 16.10.2003 Annexures V and VI to the writ petition communicating the petitioner No. 2 that the application of the petitioner for compassionate appointment has not been accepted and the Bank has decided to give a lump sum amount of Rs. 3,09,000/- in lieu thereof. A mandamus has also been sought directing the respondents to consider the claim of the petitioner No. 1 for compassionate appointment in the light of earlier scheme regarding compassionate appointment.3. The facts of the case for deciding this writ petition briefly stated are:The father of petitioner No. 1 and husband of petitioner No. 2 late Sri Thakur Prasad Singh was serving as Arm guard in Union Bank of India, Branch Ahiraula district Azamgarh. The said Shri Singh an ex-army man, was...
Tag this Judgment!Court : Allahabad
Decided on : Jul-03-2006
Reported in : 2006(4)AWC4208
B.S. Chauhan, J.1. This writ petition has been filed seeking a direction to the respondent State authorities to provide a gunner to the petitioner for his security.2. Petitioner claims that he is an Editor of the newspaper 'Khozi Hui Khabrein' and for that purpose, he travels and collects news from various places in Kanpur region. Due to outstanding activities of the petitioner's newspaper, several criminal minded persons are behind him and may hatch a plan to kill his entire family because the petitioner has always published the correct news against them. As the petitioner has been receiving continuous threats to his life and the lives of his family members as well as his property, he made an application to the State Government for providing a gunner for safety and security. Considering his need bona fide, in March 2005, he was given a gunner at the cost of 25 percent, who continued with him from 24.03.2005 to 23.04.2005, i.e. only for a period of one month. Again, the respondent Stat...
Tag this Judgment!Court : Allahabad
Decided on : Jun-23-2006
Reported in : 2007(1)AWC736
Devi Prasad Singh, J.1. Since, in the present writ petition no factual dispute has been raised by the parties' counsel, hence, with the consent of parties' counsel, we proceed to decide the writ petition finally at admission stage.2. Feeling aggrieved with the unauthorised use of red or blue lights, hooters and plying of vehicle in the State of U. P. having safety glasses inside window without having any visual transmission of light and using of plaque or board or plates indicating post, office or designation by private and Government bodies, the petitioner a public spirited citizen had approached this Court under extraordinary remedy of Article 226 of the Constitution of India. Attention has been invited by the petitioner that it has become status symbol in the State of U. P. to ply vehicle on road in violation of provisions contained in Motor Vehicle Act, 1988 (in short hereinafter referred as the Act) and the provisions contained in Central Motor Vehicle Rules, 1989 (in short herein...
Tag this Judgment!Court : Allahabad
Decided on : May-22-2006
Reported in : 2006(3)AWC3095; [2006(110)FLR945]
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, Akhilesh Kumar Tripathi seeks the following reliefs: (a) to issue a writ, order or direction in the nature of certiorari quashing the judgment dated 2.6.1995 rejecting the application No. 1587/92 Akhilesh Kumar Tripathi v. Union of India and Ors. and quashing the order dated 5.12.1995 passed in review application No. 83 of 1995 in Original application No. 1587 of 1992 Akhilesh Kumar Tripathi v. Union of India and Ors..(b) to issue a writ, order or direction in the nature of certiorari quashing the orders dated 26.3.1992, 14.2.1992/14.7.1992.(c) to issue writ, order or direction in the nature of mandamus directing the respondent Nos. 1, 2 and 3 to consider the case of the petitioner on compassionate ground treating him legal heir of Sri Sajjan Lal Tripathi.(d) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of th...
Tag this Judgment!Court : Allahabad
Decided on : Apr-28-2006
Reported in : AIR2006All338
Prakash Krishna, J.1. This revision is under Section 75(1) First Proviso of the Provisional Insolvency Act (hereinafter referred to as the Act) on behalf of a creditor (who was a party as non petitioning creditor in the insolvency proceedings). Its application to recall the order dated 5th of October, 1962 passed on the application of other creditors who were petitioners in the petition to adjudge Smt. Kamla Bai as insolvent, has been dismissed by the Insolvency Judge.2. Two persons, namely Lala Raja Ram and Lala Madho Ram, filed creditor's petition before the Insolvency Judge for declaring Smt. Kamla Bai, opposite party No. 6 (in the present revision) insolvent and cancellation of sale deed dated March 10, 1960 executed by her in favour of Shri Kant who was arrayed as opp. party No. 7 in the insolvency petition. It was registered as case No. 37 of 1960. Besides Smt. Kamla Bai and Shri Kant other persons namely Lok Narain, Jaggannath, Cooperative Insurance Company through Life Insuranc...
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