Allahabad Court September 1996 Judgments
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Mahendra Tripathi Vs. Allahabad University, Allahabad and Others
Court: Allahabad
Decided on: Sep-10-1996
Reported in: AIR1997All143
ORDER1. The petitioner appeared in B.Sc. Part I examination. 1996 conducted by the University of Allahabad. He was a regular student of C.M.P. Degree College -- a College affiliated to the University of Allahabad. His roll number was 113476. On 31-8-1995 during the course of examination in Chemistry 3rd paper, the petitioner was caught by Flying Squad and certain material 'three printed pages both sides' was recovered from him and his answer sheet was accordingly seized by the Flying Squad and another answer sheet was supplied to him. He was given printed notice of using unfair means in the examination and his signature obtained on the second page ofthe notice forming pan of the answer book. The room-invigilator under his own signature made an endorsement 'caught by the University Flying Squad' on the first page of the notice which was attested by the Chief Invigilator and the Examination Superintendent/Principal, C.M.P. Degree College, Allahabad. On the answer book also an endorsement...
Lt. Col. (Retd.) Ashok Kumar Vs. Union of India and ors.
Court: Allahabad
Decided on: Sep-10-1996
Reported in: 1997CriLJ2688
ORDER1. This order or judgment would not be complete and is only an appendix to the order of the Court dated 26 May 1990, which was a repercussion to the framing of the charges against the parties arrayed, but the record bears out that in unionism the parties who were under notice acquiesed, conceded and requested the Court that no charges be framed as they understood the order. As this submission was made on behalf of the contemners when they themselves pleaded that they were clearly conscious of the issues before the Court, the matter proceeded into hearing.2. This case has been pending since very long. It ought to have been concluded earlier, but it did not as the Court in between sat in other jurisdiction, thus, the matter had to be taken up only on the days when the Court could convene specially when the Court was shown on Board with the case.3. An aspect of the record which needs to be noticed is that, compatible with the array of parties in the writ petition in which the order o...
Smt. Minta Devi and ors. Vs. Anant Ram Alias Antu
Court: Allahabad
Decided on: Sep-09-1996
Reported in: 1997CriLJ1113
ORDERVirendra Saran, J.1. Smt. Minta Devi wife of Mithai Lal and her sons Vijay Kumar, Sanjai Kumar and Ajai Kumar have preferred this revision against the judgment and order dated 23-3-1996 of Shri Brahm Singh, Sessions Judge, Sonbhadra, allowing Criminal Revision No. 40 of 1995 against the judgment and order dated 11-9-1995 of Shri Yogesh Sri vastava, S.D.M. Robertsganj in Criminal Case No. 8 of 1995 under Section 145, Cr. P.C. The learned S.D.M. had held that the applicants, first party in the proceedings were in possession of the disputed property and he directed the sole respondent Anant Ram alias Antu the second party in the proceedings, not to interfere with the possession of the first party. By means of the impugned order the learned Sessions Judge has allowed the revision and has released the property in favour of Anant Ram responded holding that he was in possession of the disputed property on the date of the preliminary order.2. The disputed property consisrs of Abadi plot N...
Mohammad Kashif Vs. Aligarh Muslim University, Aligarh and Another
Court: Allahabad
Decided on: Sep-06-1996
Reported in: AIR1997All274
ORDERSudhir Narain, J. 1. This Special Appeal has been filed against the Judgment of the learned single Judge whereby the prayer for mandamus commanding the respondents to give admission to the appellant in Diploma Engineering Course in the academic year 1995-96 dealing him as internal candidate was rejected.2. The sole question involved in this appeal is whether the appellant is internal candidate of Aligarh Muslim University (hereinafter referred to as the University.)3. The appellant passed Secondary School Certificate Part II (Class X) examination of the University in the year 1991-92. His result of the examination was declared on 9th June, 1992. He applied for admission in Diploma Engineering Course for the year 1995-96. The eligibility for admission to Diploma in Engineering Course was Class X. On 13th July, 1995 admission test in Diploma Engineering Course was held. On 6th September, 1995 the result was declared.4. The University for the purpose of admission test classified the ...
Maithali Sharan Karan Vs. Committee of Management, Christian Intermedi ...
Court: Allahabad
Decided on: Sep-06-1996
Reported in: (1997)1UPLBEC491
B. Dikshit, J.1. By this petition the petitioner has sought a direction in the nature of mandamus commanding the Committee of Management Christian Intermediate College, Mainpuri (in short 'institution') not to hold interview of the post Physical Director in the institution and to appoint the petitioner under 40 per cent quota as L. T. Grade teacher to the subject of Arts. Admittedly, the institution is a minority institution and in view of judgment of Division Bench of this Court, against which the Counsel for petitioner is unable to show me anything, U. P. Secondary Education Service Commission and Selection Board Act nor Regulation of Chapter II, of Regulations framed under U. P. Intermediate Education Act is applicable this institution (See Civil Misc. Writ Petition No. 9776/1984, decided on 31 -8-1984, N.B. Lal v. District Inspector of Schools, In view of aforesaid Division Bench decision the petitioner cannot claim that the post is to be filed up by promoting him against 40 per ce...
Achhaibar Prasad Vs. State of U.P.
Court: Allahabad
Decided on: Sep-06-1996
Reported in: 1997CriLJ2666
ORDERT.P. Garg, J.1. This criminal revision by Achhairbar Prasad son of Ganesh resident of Mohalla Nai Bazar Basti Police Station Kotwali, District Basti is directed against the judgment and order passed by IVth Additional Sessions Judge, CO/DO/A941 /96/MPP/US A Basti in Criminal Appeal No.103 of 1983, dated 22-3-83, arising out of Criminal Case no. 4080(7), under Section 7/16 of Prevention of Food Adulteration Act (here-in-after referred to as the Act), thereby confirming the applicant's conviction and sentence of six months R.I. and a fine of Rs. 1,000/- or in default of payment of fine, further to undergo R.I. for two months.2. Brief facts giving rise to the present revivsion are as follows : -- On 25-10-1975 at about 5 P.M. Rudra Prasad Srivastava, P.W. 1 , Food Inspector, Mobile Squad, Gorakhpur Division, Gorakhpur, inspected the shop of the applicant in Naya Bazar, Basti. After disclosing his identity, he purchased 300 gms. of Heeng from the applicant on payment of Rs. 21 /- as i...
Smt. Vibha Sharma Vs. Smt. Saroj and ors.
Court: Allahabad
Decided on: Sep-04-1996
Reported in: (1997)1UPLBEC500
M. Katju, J.1. This petition has been filed against the impugned order dated 5-8-1996.2. The petitioner was elected as Pradhan of a Gaon Sabha and respondent No. 1 filed an election petition which is pending. By the impugned order, recount of the voles has been challenged in this petition.3. A perusal of the impugned order dated 5-8-1996 shows that while the petitioner polled 475 votes, respondent No. 1 polled 472 votes. Thus there is a narrow margin of three votes.4. No doubt as hold by the Supreme Court in AIR 1980 SC 206, narrow margin of votes would not by itself justify recounting but the same decision also states that this is a fact which can be taken into consideration while deciding whether to order a recount. In the present case, not only is there a narrow margin of votes but this is also coupled with the fact that earlier the respondent No. 1 was declared elected. Hence both these facts together, in my opinion, justify the order of recount.5. Thus there is no merit in this pe...
Ashoka Motor Finance Co. Vs. Income-tax Officer
Court: Allahabad
Decided on: Sep-03-1996
Reported in: (1997)140CTR(All)126; [1997]226ITR595(All); [1997]92TAXMAN522(All)
M.C. Agarwal, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner, a partnership firm, registered under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), challenges a notice dated February 3, 1982, a copy of which is annexure '15' to the writ petition, issued by the Assessing Officer, namely, the Income-tax Officer, Budaum, under Section 185 of the Act requiring the petitioner to show cause why its registration for the assessment years 1974-75 to 1979-80 be not cancelled. 2. We have heard Sri Vikram Gulati, learned counsel for the petitioner, and Sri Ashok Kumar, learned standing counsel for the respondent. 3. The petitioner, as stated above, is a partnership firm in which one of the partners is Sri Arvind Kumar Gupta. He invested certain funds in the firm as his capital and explained that a part thereof was received by him from his uncle, Sri Harsh Nandan Gupta. This explanation was not believed and it was assumed by the Department that...
Smt. Jamila Ansari Vs. Income Tax Department and anr.
Court: Allahabad
Decided on: Sep-03-1996
Reported in: (1997)137CTR(All)587; [1997]225ITR490(All); [1997]92TAXMAN603(All)
M.C. Agarwal, J.1. By this petition under article 226 of the Constitution of India, the petitioner challenges an assessment order dated January 31, 1994, passed under Section 147 of the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), and a preceding notice under Section 148 dated February 2, 1993.2. We have heard Sri Sudhir Chandra, assisted by Sri S. D. Singh, advocate, learned counsel for the petitioner, and Sri Shekhar Srivastava, learned counsel for the respondents.3. The petitioner is doing the business of export of rugs and druggets. Under section 80HHC of the Act, profits derived by an assessee from the export of goods are to be excluded from its total income. The petitioner's assessment for the assessment year 1988-89 was initially made on March 16, 1989, in which no deduction under Section 80HHC was allowed in respect of interest amounting to Rs. 8,92,226 earned on fixed deposit receipts which was taken to the profit and loss account by the assessee. The Assessin...
Sahakari Ganna Vikas Samiti Ltd. Vs. Presiding Officer, Shram Nayayala ...
Court: Allahabad
Decided on: Sep-03-1996
Reported in: [1997(75)FLR370]; (1998)IIILLJ968All
D.S. Sinha, J. 1. Heard Shri Swaraj Prakash, learned counsel appearing for the employer-petitioner, Shri U.S.M. Tripathi, Shri R.K. Jain, Shri P.C. Jhingan, learned counsels appearing for the workmen-respondents No. 3, and Shri Vinay Malaviya, learned Standing Counsel represent) ng the Respondents No. 1 and 2.2. All the three writ petitions involve identical controversy and are connected. Hence, disposed of by this common judgment.3. Awards of the Presiding Officer, Labour Court, Gorakhpur Division, Gorakhpur, a copy whereof is annexure-5 to the petitions, are under challenge in these petitions under Article 226 of the Constitution of India.4. The services of the respondents No. 3, the seasonal employees of the petitioner, were terminated. This led to an industrial dispute. Accordingly, the State of Uttar Pradesh, the respondent No. 2, exercising its power under Section 4-K of the U.P. Industrial Disputes Act, 1947, hereinafter called the Act, referred the dispute to the Labour Court, ...
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