Allahabad Court May 1993 Judgments
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Tata Chemicals Limited, Bombay Vs. Sadhu Singh Son of Baljeet and Othe ...
Court: Allahabad
Decided on: May-11-1993
Reported in: AIR1994All66
ORDER1. These 39 Appeals arise out of a common judgment and award dated 20-7-1989 of I Addl. District Judge, Budaun given in 39 Land Acquisition References. Since all the references had been consolidated in accordance with Order IV, A, C.P.C. (as Amended in the State of U.P.) they are being disposed of by a common order. First AppealNo. 658 of 1989 Tata Chemicals Ltd. v. Sadhu Singh and others arising out of Land Acquisition Reference No. 5 of 1988 shall be treated as leading case. The appeals were filed by M/s. Tata Fertilizers, Babrala Project, Budaun. Subsequently vide Court's order dated 25-4-1991 the name of the original appellant was deleted and Tata Chemicals Ltd., Bombay House, Bombay was substituted in its place.2. At the instance of U.P. State Industrial Development Corporation, the State Government acquired land in several villages including Pawari, Baghau and Mehua Hasanganj in the district of Badaun for the purpose of setting up a Fertilizer Factory by Tatas. After acquisi...
The Committee of Management of Bhabanand Sanskrit Mahavidyalaya, Azamg ...
Court: Allahabad
Decided on: May-11-1993
Reported in: AIR1994All103; (1993)3UPLBEC1847
ORDER1. The instant petition has been filed by the Committee of Management of Sri Bhabanand Sanskrit Mahavidyalaya, Azamgarh, district Azamgarh under Art. 226 of the Constitution of India for issuance of a writ of mandamus to the respondents, commanding them to place the petitioner in 'Ka' category as provided under the statutes of the Sampuranand Sanskrit Vishwavidyalaya, Varanasi.2. Heard counsel for the parties and perused the affidavits exchanged between the parties. The statute 12.01 of the Sampuranand Sanskrit Vishwavidyalaya, Varanasi is quoted below:'12.01. The affliated colleges of the University shall be of the following categories : (1) Post graduate Degree Colleges -- The affliated colleges which are recognised for imparting institution for Acharya course and fulfil the following conditions shall be the Post Graduate Colleges of the University, (a) At least 40 students are enrolled for regular study in the college. (b) At least 15 students appear at Shastri and Acharya Exam...
Mithilesh Kumari JaIn and ors. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-11-1993
Reported in: [1994]209ITR337(All)
1. The petitioners by this petition seek a writ of mandamus directing the respondent to release the assets mentioned in an order dated February 16, 1993 (annexure '1' to the writ petition).2. The facts, in brief, are that on September 20, 1990, a first information report was lodged at Police Station, Nauchandi, District Meerut (registered as Crime No. 411 of 1990), under Section 7/13(1)(d) of the Prevention of Corruption Act, 1988, against petitioner No. 3 with the allegation that the said petitioner had accepted an amount of Rs. 10,000 as illegal gratification. In an order dated March 18, 1993 (annexure-2 to the writ petition), this court said :'The said amount of Rs. 10,000 is the subject-matter of the abovementioned crime, viz., Crime No. 411 of 1990. . . .'3. On September 20, 1990, a brief-case containing jewellery and cash was also recovered from the residence of petitioner No. 3. The same wasdeposited at Police Station, Nauchandi, Meerut The Vigilance Department informed the inco...
Girraj Kishore Sharma Vs. U.P. State Electricity Board and ors.
Court: Allahabad
Decided on: May-11-1993
Reported in: (1994)ILLJ1035All
S.C. Mathur, Ag. C.J.1. These two Special Appeals arise from two separate writ petitions directed against orders of transfer passed against two employees of the U.P, State Electricity Board. Both the appellants were posted at Agra. Appellant, Girraj Kishore Sharma, was posted as Junior Meter Tester and Repairer. He has been transferred to Kanpur. Appellant Dinesh Chandra Sharma was posted as Routine Grade Clerk and he has been transferred to Jhansi. The transfer orders in respect of both were passed on December 18, 1992 by the Chief Engineer, Hydel (Respondent No. 2).2. The appellants challenged the transfer orders on three grounds - (i) They were vitiated by mala fides, (ii) They were by way of punishmentand (iii) They violated the provisions of Section6 (E) of the U.P. Industrial Disputes Act andRule 29 (2) of the Rules framed thereunder.Learned Single Judge negatived the pleas whiledismissing the writ petitions. Thereafter reviewapplications were made raising an additionalground. Th...
Basant Prasad Srivastava and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-07-1993
Reported in: AIR1994All112; (1993)2UPLBEC1333
ORDERS.C. Mathur, Actg. C.J.1. This appeal is directed against the judgment and order dated 11th March, 1993 passed by the learned single Judge whereby he dismissed three writ petitions relating to election dispute.2. The dispute relates to constitution of Committee of Management of Sri Gandhi Smarak Uchchtar Madhyamik Vidyalaya, Kauriya, district Azamgarh. Election for constituting the Committee was held on 10th June, 1986. The Committee elected on this date was to continue for a period of three years. According to one claim Shiv Prasad Singh was elected President and Basant Prasad Srivastava, appellant No. 1 was elected Manager. The District Inspector of Schools, for short D.I.O.S., instead of attesting the signatures of Basant Prasad Srivastava attested the signatures of Rajesh Singh as Manager. This led to the filing of Civil Misc. Writ Petition No. 23221 of 1987 by Basant Prasad Srivastava. He asserted that he was the duly elected Manager and, therefore, his signature should have ...
Master Zubeen Vs. Principal Judge, Family Court, Lucknow and Others
Court: Allahabad
Decided on: May-07-1993
Reported in: AIR1994All147
ORDER1. This is a habeas corpus petition under Art. 226 of the Constitution of India, praying that the opposite parties be directed to produce the petitioner, Master Zubeen and to set him at liberty.2. The facts, as they are revealed from the petition, are that on 16-4-1980, Firdous Jahan, who is the mother of the minor. Master Zubeen aged about 10 years, was married to opposite party No. 2, Abdul Wali alias Kalim Khan at Lucknow. Afler the marriage both of them lived at the house of opposite party No. 2 at Malihabad. On 1-5-1983 when Master Zubeen was about one months old only the opposite party No, 2, Abdul Wali alias Kalim Khan turned out the mother of the minor. Firdous Jahan, from his house. The mother of the minor, Firdous Jahan, with the child, came to Kanpur and started residing with her mother at 145, Chandra Nagar, Police station Chakeri,Kanpur. The minor was studying in school at Kanpur and the examination of the minor, Master Zubeen took place in April. 1983. The opposite p...
Apda Haran Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-06-1993
Reported in: 1994CriLJ480
K.L. Sharma, J.1. These Habeas Corpus writ petitions are directed against the detention order dated June 19, 1992, in the case of Apda Haran Singh and against the orders dated June 22, 1992 against Bhola Nath and Rakesh Singh, passed separately by the District Magistrate, Lucknow Under Section 3(3) of the National Security Act ordering the detention of the petitioners under Section 3(2) of the aforesaid Act in the District Jail, Lucknow. These writ petitions arise out of the same incidents involving similar questions of fact and law and have been heard together and are being disposed of by one common judgment.2. The relevant facts for consideration in these writ petitions are briefly stated as follows:3. In the morning of June 2, 1992, at about 6.00 a.m., one Umesh Shukla, while sleeping on the roof of his house No. D-89/7, Indira Nagar, Police Station Ghazipur, Lucknow, was murdered. A written First Information Report was lodged by Sri Rajendra Gupta, son of Kunjbihari, at Police Stat...
Liyakat Vs. State of U.P.
Court: Allahabad
Decided on: May-06-1993
Reported in: 2(1993)ACC241
G.S.N. Tripathi, J.1. The accused Liyakat was held guilty on the charge under Section 304-A and 279 I.P.C. He was sentenced to undergo 1 1/2 years R.I. and 6 months on the charges under Section 304-A and I.P.C. respectively. The order of conviction and sentence was passed by the Sessions Judge, Mirzapur on 2.8.1979.2. The prosecution case started on the basis of written F.I.R. lodged by Sri Achutanand atP.S. Robertsganj, Distt. Mirzapur on 2.7.1973 at 10.45 A.M. He has alleged that the occurrence took place on 2.7.1973. The accused was the driver of truck No. UTD 2819. The truck was attached to a company located at Lucknow and it was used for transporting empty cement bags of Rupa Rail Company Lucknow and which were unloaded at Cement Factory, Churk. The deceased also carried on a competitive business of the same nature and his truck was attached to the gunny bag agency at Robertsganj. On 2.7.1973, the complainant was sitting near a restaurant, where exchange of hot words took place be...
M/S. Vijai Kumar Ajay Kumar and Another Vs. Steel Authority of India L ...
Court: Allahabad
Decided on: May-04-1993
Reported in: AIR1994All182
ORDERA.P. Misra, J.1. Heard learned counsel for the parties.2. The petitioner by means of this writ petition has sought for quashing the express telegram dated 6th March, 1993 for limited tender as per list Annexure-1 to the petition issued by respondents and further directing respondents to advertise the tender notice at large, not confining it to existing handling contractors to contract with respondent company.3. The ground of challenge by the petitioners is that the condition as specified in the said impugned tender is discriminatory in the nature which excludes other material handlers to favour the contractors already handling the iron and steel of SAIL, Further contention is that the similar condition was imposed by the respondents inviting the said tender and was challenged by the petitioners by means of filing earlier writ petition (Writ Petition No. 29337 of 1992) in which the interim order was passed in favour of the petitioner and thereafter on the basis of the undertaking g...
Commissioner of Income-tax Vs. Saran Khandsari Udyog
Court: Allahabad
Decided on: May-04-1993
Reported in: (1993)114CTR(All)410; [1993]204ITR447(All)
1. At the instance of the Revenue, common questions couched almost in similar language have been referred by the Income-tax Appellate Tribunal for the opinion of this court for the assessment years 1978-79 and 1981-82.2. For the sake of convenience, the question as referred in the reference relating to the assessment year 1978-79 is reproduced below :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the assessee was entitled to triple-shift allowance in respect of the generator in terms of the Schedule of depreciation given under the Income-tax Rules, 1962 ?'3. Section 32(1) of the Income-tax Act, 1961 (briefly, 'the Act'), states that in respect of depreciation of buildings, machinery, plant or furniture owned by the assessee and used for the purposes of the business or profession, the following deductions shall, subject to the provisions of Section 34, be allowed.4. It is, therefore, clear from Section 32 that dep...
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