Court : Allahabad
Reported in : (1993)IILLJ340All; (1993)1UPLBEC710
D.S. Sinha, J.1. By means of this petition, under Article 226 of the Constitution of India, M/s. Hindustan Aeronautics Limited, the petitioner, seeks to challenge the award dated May 28, 1985 rendered by the Labour Court IV, Kanpur, the respondent No. 2, upon a reference by the Government of Uttar Pradesh under Section 4-K of the U.P. Industrial Disputes Act, 1947 hereinafter called the Act.2. Heard Sri Sudhir Chandra, learned Senior Advocate, appearing for the petitioner and Sri V.K. Tewari, learned counsel representing the workmen Sri Vishwa Nath Singh, the respondent No.3.3. The respondent No. 3 was charge-sheeted for certain misconduct. On an ex parte enquiry the charge against him was found to be proved. Consequently his services were dispensed with effect from February 1, 1982. This led to the industrial dispute which culminated into the impugned award. By the impugned award the respondent No. 2 has held the termination of the services of the respondent No. 3 to be neither proper...
Tag this Judgment!Court : Allahabad
Reported in : 1993(49)LC199(Allahabad)
A.P. Misra, J.1. Learned Counsel for the petitioner stated that his client does not desire to file rejoinder affidavit Therefore this case is taken up for final disposal in view of the exchange of affidavits in accordance with the Rules of Court2. The petitioner seeks quashing of the order dated 13th January, 1992, passed by the Superintendent, Central Excise, Muzaffarnagar, respondent No. 3 (Annexure 3 to the petition) and directing the respondents to release the freezed amount of Rs. 5,27,904.35 forthwith and further to legalise the credit of amount of Rs. 7,12,267.72 p.3. The Collector, Central Excise, Meerut, by order dated 25th April, 1989, imposed a penalty of Rs. 10,00,000.00 on the petitioner and confiscated the seized M.S. Ingots, which was seized on 9th July, 1987, the total duty imposed by the said authority was to the tune of Rs. 11,99,050.84. The petitioner, feeling aggrieved, filed an appeal before the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi along w...
Tag this Judgment!Court : Allahabad
Reported in : 1993(63)ELT406(All)
ORDERA.P. Misra, J.1. Rejoinder affidavit has been filed today.2. Heard learned counsel for the petitioner and also the learned standing counsel.3. In view of the exchange of affidavits in accordance with the Rules of the Court, the present writ petition is being disposed of finally at the state of admission.4. The petitioner seeks quashing of Memorandum No. 114/90 dated 4th June, 1990 passed by the Assistant Collector of Central Excise Division III, Ghaziabad-respondent No. 2 and further directing the respondent to refund the duty amounting to Rs. 1,54,865.56 paise levied and collected from the petitioner during October, 1984. The petitioner is manufacturing cold rolled strips using duty paid hot rolled strips and claimed reduction in the rate of duty on such cold rolled strips under Notification No. C.E. 209/83. Initially the concession of reduction of duty at Rs. ISO/- per metric ton were granted, but subsequently it was withdrawn on the ground that annealing is only a finishing pro...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All343
ORDERBrijesh Kumar, J.1. It is noticed, more often than not, that human mind tries to hide or subvert the truth or to cover it up, as and when it suits him or may serve his purpose best. It has never been easy to find out the correct and true facts but the task is becoming more and more difficult with growing social complexities.2. Various ways and means have been explored and deployed for the purposes of finding out the true facts, at different levels for different purposes. The commissions of Enquiry Act, 1952 is one of such legislations through which the effort is made to find out the true facts. But this Act and appointment of a Commission under it, does not ensure that the machinery is necessarily set in motion to achieve its object. There may still be many unforeseen hurdles which often come in the way retarding the progress of the enquiry. The present one is one of such cases where the Commission was appointed, though on 1-8-1991 but, it could hardly function that instant procee...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All199
ORDER1. By means of the present election petition, the election of the respondent No. 1, Sri Ram Charitra, for the Legislative Assembly from 177, Khalilabad (Reserved) (I) constituency is questioned.2. On 15-9-1992 the case was fixed for settlement of issues on which date the counsel appearing for the respondent no. 1, Sarvsri S. N. Singh and R.N. Singh, made a statement to the effect that their instructions have been withdrawn and they no longer represent the respondent No. 1. No other person was before the Court representing the respondent No. 1. Even the respondent No. 1 himself wasnot present. These circumstances led the Court for passing the following order:'Sarvsri S.N. Singh and R.N. Singh, learned counsel for respondent No. I, state that their instructions have been withdrawn by the client and they are not representing him. The respondent No. 1 himself is not present, In this view of the matter, let the election petition be proceeded ex parte. Learned counsel for petitioner fil...
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ2834
S.K. Mookerji, J.1. This is an appeal filed by Riyasat against the judgment and order of the District & Sessions Judge, Haridwar, dated 14-11-1991, in Sessions Trial No. 171 of 1991, convicting the appellant under Section 302, 376 and 201, I.P.C. and sentencing him to death, rigorous imprisonment for ten years and one year's, R.I. respectively.2. Usual reference for confirmation of the death sentence of Riyasat has also been made by the learned Sessions Judge, which is numbered as Reference No. 6 of 1991. Both criminal appeal as well as the Reference have been heard together.3. The story of rape followed by ghastly murder of a girl 'Guria', aged about 6 years by the appellant, Riyasat, has been revealed by the prosecution in the present case.4. PW1, Badlu, a Harijan, resident of village Larhaura, Police Station Mangalore, District Haridwar, is the father of the deceased Guria. The prosecution case, as disclosed by PW 1, Badlu, father of the deceased, is that Guria was his daughter and ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All121
1. Suit No. 432 of 1990 Rozu-ud-din and another v. Smt. Nirmal Swaran Singh was filed in the court of Civil Judge, Saharanpur, for specific performance of a contract dated 20-9-1985. The suit was transferred to the court of IV Add). Civil Judge, Saharanpur. The suit was decreed on 29-5-1992. Aggrieved by the judgment and decree of the trial court, Smt. Nirmal Swaran Singh filed First Appeal No. 528 of 1992, which was heard at the admission stage by a Division Bench of this Court comprising of Hon'ble G.D. Dube and Hon'ble G.S.N. Tripathi, JJ. On a perusal of the order sheet of the case it would appear that the appeal was heard at the admission stage on 18-8-1992. On 24-8-1992 two conflicting judgments were pronounced, signed and dated by two Hon'ble Judges. While the appeal was dismissed by Hon'ble G.S.N. Tripathi, J., the senior Judge Hon'ble G.D. Dube admitted the appeal and passeed orders for staying the execution of the trial court decree. Thereafter, on the same day both the Hon'b...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
ORDERM. K. Mukherjee, C. J.These special appeals have been preferred against a common judgment passed by a learned Judge of this Court disposing of three writ petitions filed by three students who were denied admission to the M.B.B.S. course of the Banaras Hindu University, Varanasi (hereinafter referred to as the 'University') for the session 1992-93. Facts leading to the filing of the writ petitions and, for that matter, these appeals are as under.2. In February, 1992, the University issued an advertisement inviting applications from eligible candidates to appear in the pre-Medical Test ('PMT' for short) which was to be held on June 4, 1992, for selection for admission to the 1st year M.B.B.S. course for the ensuing session. The total number of seats for the course open for all students was 50; besides 5 supernumerary seats were earmarked for the students of the University. The eligibility requirements and other details relating to admission to the course were incorporated in an info...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1993)44ITD695(All.)
1. These are two appeals filed by the assessee for the assessment years 1980-81 and 1981-82 against the orders of the learned CIT(A) regarding imposition of penalty. As the facts are common in both the appeals, hence both the appeals are disposed of by a single consolidated order. 1. The learned CIT (Appeals) was not justified to hold that the appellant submitted inaccurate particulars of income, while accepting that there was no concealment of particulars of income. 2. The learned CIT (Appeals) was not Justified in not adjudicating upon the ground No. 3 which read as under : When the matter of quantum of commission income to be included in the total income of the appellant was pending before the learned ITAT, there was no escapement of income within the meaning of Section 147 of the Income-tax Act, 1961 and proceedings under Section 147 are against the law. Any proceedings taken including the imposition of the impugned penalty of Rs. 1,56,201 in consequence of an illegal notice under...
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1915
Kundan Singh, J.1. This appeal has been preferred against the judgment and Order dated 28-4-79, passed by Sri V. K. Jain, the then IVth Additional Sessions Judge, Jhansi, in ST. No. 308/77, whereby the appellant has been convicted under Section 366, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years.2. The prosecution case, in brief, is that the informant, the father of Km. Munni, had gone to Jhansi on 19-5-73 to collect rent, when in the absence of his wife and other family members, appellant Baldeo came at his house at about 4 or 5 p.m., persuaded Km. Munni, aged about 13 or 14 years, and abducted her. At that time Km. Munni was wearing clothes, payels, nose-needle and Jhala. While leaving the house with a lota in hand on the pretext of going to answer the call of nature, she also took away Rs. 1,000/-from the box of the complainant. She was seen going in the way from the village in the company of the appellant by Deo Shanker Yadav, Harpal Yadav, Kappor ...
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