Court : Allahabad
Reported in : 2002(4)AWC2970; (2003)ILLJ420All; (2002)3UPLBEC2807
v.m. sahai, j.1. the father of the petitioner was working on the post of assistant cashier in the uco bank, chowk, varanasi, he died in harness on 6.2.1997. the petitioner on 20.5.1997 claimed appointment on compassionate ground. his application remained pending. he filed writ petition no. 1765 of 2000, which was disposed of by this court on 17.1.2000 directing the petitioner to make a fresh representation, which was to be decided by the general manager (personnel), uco bank, calcutta. the petitioner made a fresh representation and sent it by registered post along with a copy of the order passed by this court on 29.1.2000 and 1.2.2000. but since the representation was not decided, he sent reminders on 3.3.2000 and 7.3.2000. the general manager by his order dated 19.4.2000 rejected the representation of the petitioner on the ground that total income of the family of the deceased was more than 60% of the last drawn gross salary of the deceased, therefore, the petitioner was not eligible for appointment on compassionate ground in the bank, as per the scheme of bank. the petitioner has challenged the scheme for recruitment of dependants of deceased employee on compassionate ground (in brief scheme), annexure-1 to the petition and the order dated 19.4.2000 passed by respondent no. 1, annexure-5 to the writ petition.2. shri d. s. p. singh, learned counsel for the petitioner has urged that provident fund, gratuity, family pension, group insurance or insurance policy cannot be .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)ALD(Cri)363; 1998CriLJ3845
giridhar malaviya, j.1. i had the advantage of going through the elaborate and detailed judgment prepared by my learned brother hon. b. k. sharma, j. on the preliminary objection. while iam in total agreement with him on the points covered by his judgment and endorse his conclusion i would like to briefly add a lew lines of my own, which are only to summarise the conclusions of hon. brother b. k. sharma,. j.2. the judgment of seven judges' full bench in the case of ram pal yadav v. state of u.p. (1989 cri lj 1013) is clear and cateogorical that unless there is a matter pending before the subordinate court no application under section 482, cr.p.c. can be entertained by the high court. in other words it means that till the stage of investigation of a criminal case and thereafter till the filing of the charge sheet and taking cognizance of the offence by the court, no application can be made in the high court for quashing the first information report or investigation under section 482, cr.p.c. however in very exceptional cases the writ jurisdiction of the high court under article 226 of the constitution can be invoked either for quashing the f'irst information report or for staying the investigation.3. in the cases of the supreme court which have been delivered after the judgment of the full bench in ram lal's case (1989 cri lj 1013) (supra), none of the supreme court cases considered the question whether jurisdiction of the high court could be invoked under section 482, cr.p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1262
r.h. zaidi, j.1. by means of this petition, filed under article 226 of the constitution of india, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 6.12.1989 passed by the respondent no. 2, the managing director of u.p. forest corporation, lucknow, rejecting the representation and claim of the petitioner for promotion to the post of assistant grade-ii. prayers for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioner as assistant grade-ii in u.p. forest corporation and grant seniority with all other consequential benefits with effect from the date the person junior to the petitioner was promoted to the said post have also been made.2. the relevant facts of the case, giving rise to this petition, as unfolded in the writ petition, are that it was in the year 1977 that the petitioner was appointed as assistant grade-iii in u.p. forest corporation. at the time of his appointment there existed no service regulations, or rules. the service conditions of the ministerial staff of the corporation used to be governed by the orders of the managing director issued from time to time. under the said orders, the assistants grade-iii who were graduates and have completed two years of service were entitled to be considered for promotion. the petitioner, who was a graduate and also completed two years of continuous service become entitled to be considered for promotion .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]132CompCas548(All); (2006)6CompLJ342(All); [2006]72SCL178(All)
sunil ambwani, j.1. heard shri r. p. agarwal, learned counsel for the petitioner companies and shri navin sinha, senior advocate assisted by shri vipin sinha for shri raj kumar gupta, the objector to the scheme of amalgamation considered for approval in the meetings of the shareholders of the companies and creditors of the transferor company convened by the court and held on february 6, 1999, under the orders of this court under section 391 of the companies act, 1956 (in short 'the act').2. the banaras beads ltd. with its registered office at a1, industrial estate, varanasi, the transferor company is sought to be amalgamated with the bbl beads limited with its registered office at the same address at varanasi, the transferee-company. the scheme does not give the background of disputes between the two groups of shareholders, which were sought to be settled through an arbitration of the hon'ble mr. justice a.n. gupta, the then sitting judge at lucknow bench. he gave an award on november 1, 1998, between the two parties namely 'akg group' led by shri ashok kumar gupta, resident of varanasi. smt. rekha gupta (wife), shri sidharth gupta (son), km. deepali gupta (daughter) and smt. vaishali gupta (married daughter) and his huf known as ashok kumar gupta huf on the first part; an 'rkg group' led by shri raj kumar gupta, resident of new delhi, smt. pushpa gupta (wife), akash gupta (son), km. nidhi gupta (daughter) and his huf known as raj kumar gupta huf on the second part. in the .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]47SCL126(All)
ordersunil ambwani, j.1. pradeshia industrial & investment corporation of u.p. ltd. (hereinafter called as picup) has filed these criminal revision nos. 41 of 2000 and 49 of 2000 against the judgment and order dated 20-12-1999 passed by the chief judicial magistrate, ghaziabad in state of u.p. v. m.l. gupta [case no. 153 of 1999] by which an application under section 451, cr. p.c. has been allowed with a direction that m/s. keshav enterprises, mohali through its authorised representative amrik singh be given supurdagi of the machinery detailed in the list dated 3-5-1999 and 30-8-1999 on furnishing surety bonds of two reliable persons with a personal bond, and the order dated 6-1 -2000 passed by the chief judicial magistrate, ghaziabad in case no. 153 of 1999, state of u.p. v. m.l. gupta and others by which he has directed official liquidator, 33 tashkand marg, allahabad to comply with the order dated 20-12-1999 and handover the supurdagi of the case properties in his presence on 10-1-2000, and submit a compliance report on 11-1-2000.2. in criminal revision no. 41 of 2000 the operation of the order dated 20-12-1999 was stayed by this court on 10-1 -2000 and that order has been extended from time to time. in criminal revision no. 49 of 2000, the operation of order dated 6-1-2000 passed by chief judicial magistrate, ghaziabad to handover the possession of the properties in compliance of the order dated 20-12-1999 has also been stayed by this court on 11-1-2000 and the same has .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ1368
orderd.p. singh, j.1. heard shri krishnaji khare counsel for the applicant and shri c. b. yadav, learned chief standing counsel-ii for the opposite party no. 1.2. at the first blush, this case appeared to be an exercise in futility and i was about to discharge the notices because the executor of the judgment, smt. maya niranjan, had already been transferred from the post and the order and judgment of the court had been complied by her successor, though after more than four years when it was to be complied within two months. it appeared to be yet another case of stagnant officialdom relying upon the procedural delays, which mars the working of nearly every department of the government. but the counsel for the applicant, a reasonable man, begged couple of minutes, otherwise, he said, he would be falling in his duty to the courts and the society. with some reluctance, i agreed.3. he started with some brief facts and took me to certain paragraphs of the writ judgment and couple of paragraphs of counter-affidavit and its annexures. and he stopped. i could not. we together read the judgment, the petition and the counter with its annexures. he was right. though it was agonizing reading, but it brought forth the defiant and 'care two hoots' attitude of smt. maya niranjan. a sense of helplessness slowly crept in, but soon gave way to the duty that i owe to the institution and the society.4. smt. maya niranjan is a veterant of contempt matters. she has about 60 matters pending against .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3197
sunil ambwani, j.1. the impleadment application of shri ram gopal verma and shri shiv shanker verma as appellant nos. 5 and 6 was allowed by this court on 5.8.2003. the impleadment has been carried out.2. a compromise application under order xiii, rule 3. code of civil procedure of the claim regarding the share of, and as far as shri laxmi nath and shri padamnath (respondent nos. 1/2 and 1/3) verified by the registrar general of this court dated 23.9.2003 is pending. the application encloses the affidavits of laxmi nath and shri padamnath both sons of late brij bhushan stating that they have no concern with the house in dispute. the application is allowed. both these applicants shall be treated to have given up their claims as against the appellants.3. the dispute relates to house no. 46/35 and 46/36, mohalla manihari tola, dashshwamedh ward, varanasi. the upper portion of house no. 46/35 has fallen down. house no. 46/36 has three floors. the first and second floor of this house was vacated by shri sheo sahai ojha in favour of the appellants laxmi narain and others in pursuance to a release order passed by asstt. rent control and eviction officer, varanasi, on which these floors were occupied by the appellants.4. o.s. no. 446 of 1964 was filed by laxmi narain upadhyaya and others, the plaintiff-appellants against mangla prasad singh and others, the defendants, for their ejectment from house no. 46/35 and ground floor of house no. 46/36, and for a decree of rs. 1,440 for use .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2008All46; 2008(1)AWC193
amitava lala, j.1. this is an appeal of the insurance company from a judgment and award of compensation dated 04th may, 2007 passed by the concerned motor accidents claims tribunal, muzaffarnagar, u.p. for a sum of rs. 1,52,000/- along with interest on account of death of a child aged about 8 years in a claim petition under section 166 of the motor vehicles act, 1988 (hereinafter called as 'act'). the application of the insurance company under section 170 of the act was allowed by the tribunal saying that the vehicle owner did not contest the proceeding. therefore, the order is reasoned order as per ratio of the judgment and order dated 1st august, 2007 in first appeal from order no. 2087 of 2007 united india insurance co. ltd. v. krishna kumar and ors. following the ratio of : air2003sc3127 united india insurance co. ltd. v. jyotsnaben sudhirbhai patel and ors. according to the learned counsel appearing for the appellant, the quantum of compensation granted by the tribunal is in the higher side in view of the ratio of the judgment reported in 2007 (3) t.a.c. 16 (s.c.) kaushlya devi v. shri karan arora and ors., whereunder the awarded compensation was rs. 1,00,000/- along with interest for only child of the parents who expired at the age about 14 years, unlike the present one, where out of two children of the parents one has expired. therefore, the awarded amount should be less than the awarded amount of the above referred case.2. according to us, the submission of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC256
b.s. chauhan, j.1. this writ petition has been filed for quashing the memorandum dated 19.7.2005, issued by the director general, central industrial security force, ministry of home affairs, lodhi road, new delhi (annex. 35).2. the facts and circumstances giving rise to this case are that the petitioner, at present, is posted at anpara, district sonebhadra, (u.p.). however, respondents have initiated the domestic inquiry against the petitioner under the provisions of rule 14 of the central civil services (conduct) rules, 1964; and central civil services (classification, control and appeal) rules, 1965. charge-sheet contains four charges in respect of transportation of sleepers of devdar from uri to delhi between 23.10.2002 to 13.6.2004 by government vehicles. the drivers carrying the said sleepers in the government , vehicles were arrested, sleepers were seized etc. etc. the present petition has been filed for quashing the said charge-sheet.3. shri shashank sheikhar singh, learned counsel appearing for the respondents has raised the preliminary objection regarding the maintainability of the writ petition, pointing out that as no cause of action, partly or fully, has arisen within the territorial jurisdiction of the state of u.p., mere posting of the petitioner in u.p. at present, will not confer the jurisdiction upon this court. petition is liable to be dismissed for want of territorial jurisdiction.4. on the other hand, shri ranjit saxena, learned counsel appearing for the .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(116)FLR305]
sudhir agarwal, j.1. heard sri vinod kumar dwivedi for the petitioner, learned standing counsel for the respondents and perused the record.2. the petitioner has sought a writ of mandamus commanding the respondents to regularize him on the post of chowkidar in the department and pay minimum pay scale along with other allowances which are being paid to the regularly appointed chowkidars of the department until regularization of the petitioner is made.3. the facts in brief as stated in the writ petition are that the petitioner was engaged as a daily wage chowkidar on 1.9.1985 and is continuously discharging his duties since then. he was appointed in work-charge establishment as chowkidar on the basis of monthly salary vide order dated 10.9.2001 w.e.f. 24.8.2001 and is discharging his duties accordingly. in exercise of power under proviso to article 309 of the constitution, the state government has framed u.p. regularization of daily wages appointments on group 'd' posts rules, 2001 (hereinafter referred to as '2001 rules') published in the gazette dated 21st december 2001 which provides for regularization of such daily wage employees in group 'd' posts who were appointed before 29th june 1991 and are continuing in service on the date of commencement of said rules. since, the petitioner was appointed prior to 29th june 1991 and was continuing in service on 21st december 2001, he claims that he is entitled for regularization under the said rules.4. respondents have filed counter .....
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