Allahabad Court October 1996 Judgments
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Ram Charan Vs. State of U.P.
Court: Allahabad
Decided on: Oct-14-1996
Reported in: 1997CriLJ3198
D.K. Trivedi, J.1. The present Criminal Appeal is directed against the judgment and order dated 24-4-1979 passed by the 1st Additional Sessions Judge, Sitapur, convicting the appellant under Section 302 I.P.C. and sentencing him to Imprisonment for Life in connection with an incident which is alleged to have taken place in the night between 9/10-6-1977 in village Budauli, Police Station, Maholi. District Sitapur.2. The prosecution case, in brief, is that P.W. 1 Hira Lal went to his Kothar at about 5 O'clock, in the morning and there he saw that the deceased was lying with Razai covered on his face. He called him but when he found no reply then he removed the Razai and found that Govardhan was dead and a piece of cloth had been found tied all around his neck. After sending information about the death of Govardhan P.W. 1 Hira Lal went to the Police Station and lodged the report Ext. kal at 7-35 A.M. The distance of the Police Station from the place of the incident is three miles. In the ...
Nirmal Dass Bose Vs. Km. Mamta Gulati
Court: Allahabad
Decided on: Oct-11-1996
Reported in: AIR1997All401; I(1997)DMC272
1. Feeling aggrieved by the annulment of his marriage solemnized under the Special Marriage Act, 1954, the husband appellant has approached this Court in appeal praying for the setting aside of the decree granted against him by the Court below.2. During the pendency of this appeal, to explore the possibility of conciliation the appellant and the contesting respondent were required to appeal in chambers. However, the effort to bring about a conciliation the appellant and the contesting respondent were required to appear in chambers. However, the effort to bring about a conciliation could not materialise and from the observations as noted in the order dated 21-3-96, it was apparent that Mamta Gulati, the respondent has reached a point of no return. In the aforesaid circumstances,, the appeal has been heard on merits.3. I have heard Sri Rajesh Tandon, learned Counsel for the appellant and Sri Ranjit Saxena, learned Counsel representing the plaintiff respondents and have carefully perused ...
Mohd. Idrees Hashmi Vs. U.P. Co-operative Union (P.C.U.) and ors.
Court: Allahabad
Decided on: Oct-11-1996
Reported in: (1997)1UPLBEC274
D.K. Seth, J.1. The petitioner who was a confirmed Co-operative Supervisor in U. P. Co-operative Union Limited, was transferred from Jalaun to the Head Office by order dated 21-11-1981. Against the said order the petitioner had moved a writ petition, on which by order dated 11-1-1982 it was clarified that the suspension proceedings taken against the petitioner may go on but the order shall not be given effect to and in the meantime the petitioner shall not be compelled to assume the charge at the transferred place. It is alleged that having been annoyed on account of grant of the interim order the respondents had purported to terminate the petitioner's services by order dated 26-11-1983 (Annexure 1 to the writ petition). It is contended by Sri Bhagwati Prasad learned counsel appearing on behalf of the petitioner that in view of Section 22 without any notification no disciplinary proceeding can be initiated against the petitioner. However, the said order dated 26-11-1983 was challenged ...
Manish SarIn Vs. Mahatma Gandhi Kashi Vidyapeeth, Varanasi and Others
Court: Allahabad
Decided on: Oct-10-1996
Reported in: AIR1997All232
ORDER1. The petitioner's result of M. A. (I) examination was cancelled by on order dated 8-11 -1995, by reason where of the petitioner was not allowed admission in the second year class. By means of present writ petition the petitioner has challenged the inaction on the part of respondents to admit him in the second year class despite the fact that the petitioner, was asked to come for admission in the second year examination (Annexure-5 to the petition) for which the petitioner had served a notice on 27-2-1996. In the writ petition the petitioner has alleged that there was no reason for non-declaration of his result and that he had never used any foreign material in the examination nor he was confronted with the alleged chit. It is also alleged that he was not given any opportunity before the decision was taken. The petitioner, however, admitted that a notice was served on the petitioner (Annexure 3 to the petition) alleging that he had used some chit in the examination. By the said n...
M/S. Tirputi Plywood Product (P) Ltd. and Another Etc. Vs. the Pradesh ...
Court: Allahabad
Decided on: Oct-10-1996
Reported in: AIR1997All364
ORDERS. H. A. Raza, J. 1. Pradeshik Industrial Investment Corporation of Uttar Pradesh Ltd. (hereinafter referred as PICUP), has been created and constituted for the development and advancement of industries in the State of Uttar Pradesh, which in comparison to other States, is still economically and industrially backward.PICUP gives financial assistance to enterpreneures to set up the industries. Often the entire amount as promised to be given, is not given in time, as a result of which industrial units fail to fulfill its obligation in purchasing the plants in time and it suffers losses. Some time due to non-availability of land, raw materials and inadequte supply of electricity, as well as bureaucratic delays in the award of licences and labour unrest, new industrial units fail in their endeavour to make the unit viable. Unit becomes sick and efforts are made to regenerate the same by giving them further financial assistance through financial inslitutionetc. In such situations, ofte...
Ram Dhani and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-10-1996
Reported in: 1997CriLJ2286
B.K. Sharma, J.1. This is a criminal appeal against the judgment and order dated 4-10-1979 passed by Sri S. D. N. Singh, the then Sessions Judge, Mirzapur in Sessions Trial No. 32 of 1976, whereby he convicted Ramdhani accused-appellant for committing the murder of Shivanand deceased under Section 302, I.P. C. and for inflicting injuries on the body of Jwala injured under Section 307, I. P. C. and sentenced him to undergo imprisonment for life and three years R. I. for the same respectively and further convicted him for the offence under Section 148, I. P. C. and sentenced him for the same to one year's R. I., convicted Chhangur accused-appellant for committing the murder of Sarju deceased under Section 302, I. P. C. and sentenced him for the same to imprisonment for life and further convicted him under Section 148, I. P. C. and sentenced him for the same to one year's R. I., convicted Satya Narain accused-appellant for inflicting injuries on the body of Moti Lal injured under Section ...
Commissioner of Income-tax Vs. Ram NaraIn Hira Lal
Court: Allahabad
Decided on: Oct-08-1996
Reported in: (1997)143CTR(All)97; [1997]227ITR401(All); [1997]93TAXMAN252(All)
R.K. Gulati, J.1. The Commissioner of Income-tax, Allahabad, through this application has desired that under Section 256(2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Allahabad Bench, be directed to draw up a statement of the case and refer the following two questions which are said to be questions of law, to this court for its opinion :' (1) Whether the Income-tax Appellate Tribunal is justified to uphold the order of the learned Commissioner of Income-tax (Appeals) and dismissing the appeal filed by the Revenue in spite of the fact that there was no control over the sale price and the sales were not verifiable and the estimate of sales at 21/2 times of the licence money and the application of net profit rate at 9 per cent. was based on the finding of the Income-tax Appellate Tribunal in the case of Sri Madan Mohan Prasad v. ITO in I. T. A. No. 2281 (All)/1976-77 for the assessment year 1973-74 vide order dated April 27, 1978 ? (2) Whether the Income-tax Appellate...
Commissioner of Income-tax Vs. Shree Ram Jaiswal
Court: Allahabad
Decided on: Oct-07-1996
Reported in: (1997)137CTR(All)74; [1997]226ITR235(All); [1997]93TAXMAN249(All)
R.K. Gulati, J. 1. This is an application filed at the instance of the Commissioner of Income-tax. Allahabad, under Section 256(2) of the Income- tax Act, 1961, with the prayer that the Income-tax Appellate Tribunal, Allahabad, may be directed to refer the following question for the opinion of this court ;' Whether, on the facts and in the circumstances of the case, the Tribunal was right in entertaining the additional piece of evidence that no investment will be made during the financial year 1986-87, whereas no such evidence had ever been produced before the Assessing Officer during the course of the assessment proceedings and the Tribunal was not justified in accepting it before providing proper opportunity to the Assessing Officer or to the Commissioner of Income-tax (Appeals) in view of the rules as laid -down in Rule 46A of the Income-tax Rules, 1962 ?'2. Briefly stated the facts are that in the assessment year 1S87-88 against the net returned income of Rs. 25,388 the original as...
Chhabi Nath Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-07-1996
Reported in: [1997(75)FLR533]; (1997)IILLJ439All; (1996)4UPLBEC2423
M. Katju, J.1. Heard counsels for the parties. The petitioner was a bus Conductor who was dismissed from service on August 25, 1988 after enquiry. He raised a dispute but the State Government has refused to refer the dispute to the Labour Court vide its order dated August 5, 1991. 2. It is settled law that the State Government cannot adjudicate upon the dispute as that is the function of the Labour Court. The State Government can only see whether the dispute is wholly frivolous or not, and if it is found mat it is not frivolous then the State Government has to refer the dispute regarding the termination of service to the Labour Court in view of Section 2A of the Industrial Disputes Act. In the present case, no reason at all has been given in the impugned order dated August 5, 1991 refusing to refer the dispute to the Labour Court. 3. Hence, I quash the impugned order dated August 5, 1991. Ordinarily I would have directed the State Government to reconsider the matter, but since the term...
Miss. Anamika Saxena Vs. Resident Director, Manas Sthali and ors.
Court: Allahabad
Decided on: Oct-07-1996
Reported in: [1997(75)FLR528]; (1997)IILLJ507All; (1996)4UPLBEC2283
M. Katju, J.1. The petitioner was appointed as a probationer by letter dated July 31, 1995 annexure-3 to the writ petition in Manas Sthali Residential Public School. A perusal of the said letter shows that the appointment was purely on probation for the current academic session and the extension of the probationary period would depend on performance and output during the current session. The petitioner is aggrieved by the letter dated June 11, 1996 annexure No.6 to the writ petition by which the petitioner's service was terminated. 2. Learned counsel for the petitioner urged that there was nothing wrong with the work and conduct of the petitioner. It is not for this Court to assess the work and conduct of the petitioner.The law of probation is well settled. Ordinarily, even on the expiry of the probation period there is no automatic confirmation and the person continues on probation even after the expiry of the period mentioned in the appointment letter until and unless a positive orde...
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