Allahabad Court January 1997 Judgments
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Umendra Pratap Singh Vs. U.P. Co-operative Bank Ltd.
Court: Allahabad
Decided on: Jan-27-1997
Reported in: (1997)IILLJ319All
D.K. Seth, J.1. The Petitioner's father died in harness on February 15, 1993. Admittedly the petitioner is a graduate as claimed in paragraph 2 of the writ petition. He was given employment for the post of clerk, a class III post. The petitioner claimed to be promoted to the post of Junior Branch Manager on the ground that he has the same qualification for the said post which is graduation.2. Learned counsel for the petitioner, relying on Regulation No. 104 of U.P. Co-operative Societies Employees Regulations, 1975 contends that in such cases suitable employment is to be given. Since the petitioner is a graduate, therefore, he is also suitable for Junior Branch Manager or Assistant Accountant. Therefore, he should be given appointment in such posts. The appointment of the petitioner in the post of clerk is not commensurate with his qualifica-; tion. Relying on Annexure No. 7 to the writ petition, he points out that the qualification for the post of Assistant Accountant and Junior Branc...
Vijay Kumar Mahendra Vs. Registrar, Hon'ble High Court of Judicature a ...
Court: Allahabad
Decided on: Jan-27-1997
Reported in: (1998)1UPLBEC711
B.M. Lal, J.1. By this Special Appeal under Chapter VIII, Rule (5) of the Rules of the Court the appellant V.K. Mahendra has assailed the validity of the judgment and order dated 9.5.95 passed by learned Single Judge in Writ Petition No. 5484 of 1995 whereby the appellant's submissions for quashing the dismissal order dated 8.2.1995 passed by the respondent No. 2 and enquiry report dated 16.8.1993 submitted by the respondent No. 3 contained in Annexures 2 and 22 respectively to the writ-petition have been repelled.2. In nut shell the case as set out by the appellant is that he was appointed as Personal Assistant in the establishment of High Court of Judicature to Allahabad in accordance with the provisions of The Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (hereinafter referred to as the Rules) framed under Article 229 of the Constitution of India. However, on the ground of certain lapses on the part of the appellant, departmental enquiry was...
Upcom Cables Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jan-24-1997
Reported in: (1997)63ITD404(All.)
1. These are two appeals by the assessee for the assessment years 1986-87 and 1987-88 which are being disposed of by a consolidated order, the issues involved being common.2. Appellant before the Tribunal is a company which was incorporated on 19th July, 1983 with the object of setting up a plant for the manufacturing of jelly-filled telecommunication cables. During the year under consideration, the company was engaged in the process of setting up plant although admittedly no production actually commenced.3. Appellant furnished a return of income on the 19th of January, 1987 declaring Nil income. The Assessing Officer treated this return as defective as the verification portion of the return was not filled up.Vide a communication dated 28th September, 1987, the Assessing Officer informed about this defect to the assessee, contents of which with reference to page 1 of the paper-book read as under :- Subject : Assessment proceedings for assessment year 1986-87 particulars regarding. In ...
United India Insurance Co. Ltd. Vs. Ram Rati and ors.
Court: Allahabad
Decided on: Jan-24-1997
Reported in: 1997ACJ1124
G.S.N. Tripathi, J.1. This is a first appeal against the judgment and order dated 11.11.1987 passed by the Motor Accidents Claims Tribunal/Special Judge (E.G. Act), Banda, whereby the learned Tribunal has granted a compensation of Rs. 24,000/- plus Rs. 1,000/-- being the price of the medicines, in all Rs. 25,000/- against the appellant, arrayed as defendant No. 3, before the learned Tribunal. He has also awarded an interest at the rate of 10 per cent per annum.2. The petitioners' claim, mainly, is that jeep No. URE 730 was owned by defendant No. 1, now arrayed as respondent No. 3 in the present appeal. The deceased Prem Narain Gupta, aged about 9 years along with others was travelling in the said jeep from Atarra to Banda and met with an accident on the same day, i.e., 13.6.1985 at about 11.45 a.m. The jeep was being driven by respondent No. 3, Sheo Singh alias Kalloo Singh in a very rash manner and the accident was caused on account of this rash and negligent driving on his part. The ...
Waheed and Company Vs. Income Tax Officer.
Court: Allahabad
Decided on: Jan-24-1997
Reported in: (1997)139CTR(All)197
M. C. AGARWAL, J. :By this petition under Art. 226 of the Constitution of India, the petitioner seeks a writ of certiorari to quash an order dt. 10th March, 1988 passed by the ITO, Central Circle, Kanpur levying a penalty of Rs. 4,89,982 under s. 271(1)(a) of the IT Act, 1961 (hereinafter referred to as the Act) for asst. yr. 1984-85 and an order dt. 12th March, 1995 passed by the CIT(Central), Kanpur by which he dismissed the revision petition under s. 264 of the Act against the first-mentioned orders.2. I have heard Sri Rajiv Sharma, learned counsel for the petitioner and Sri Rajesh Kumar Agarwal, learned standing counsel for the respondents.3. The petitioner claims that it is an AOP that carried on business only during the financial year 1983-84 relevant to asst. yr. 1984-85. It filed a return of income on 20th Dec., 1985 after the service of a notice under s. 148. The AO levied the aforesaid amount of penalty for the delay in the filing of the return and the CIT dismissed the revis...
Billhour Cold Storage and anr. Vs. Central Bank of India and ors.
Court: Allahabad
Decided on: Jan-21-1997
Reported in: [1997]89CompCas590(All)
1. Heard learned counsel for the appellants. 2. In this F. A. F. O., order dated October 7, 1996, rejecting the application made by the appellants under Order 9, Rule 13 of the Civil Procedure Code, 1908, read with Section 151 of the Civil Procedure Code, 1908, has been impugned. 3. Learned counsel for the appellants submits that the court below wrongly exercised the discretion vested in it under Order 17, Rule 2 of the Civil Procedure Code, 1908. The suit was filed by the Central Bank against the appellants for recovery of the amount of loan. It is stated by counsel for the appellants that the evidence between the parties was over and then May 29, 1995, was fixed for arguments. On that date neither the appellants nor their counsel put in appearance and then the court below decided the suit on merits. Order 17, Rule 2 and the Explanation thereto runs as follows : 'Where, on any day to which the hearing of the suit is adjourned the parties or any of them fail to appear, the court may pr...
B.G. Nair Vs. Managing Director, U.P. Co-operative Spinning Mills Fede ...
Court: Allahabad
Decided on: Jan-21-1997
Reported in: (1997)1UPLBEC261
Palok Basu , J.1. The petitioner B.G. Nair has come up to this court under Article 226 of the Constitution of India with the present writ petition praying that dismissal order passed on 8-10-1996 by the Managing Director, U.P. Co-operative Spinning Mills Federation Ltd. In pursuance of the disciplinary proceedings in which the petitioner was suspended should be quashed including the proceedings.2. Sri Ajit Kumar, learned counsel for the petitioner vehemently argued that this is the only Forum left to the petitioner to get the grievances redressed and he insisted that no appeal lies against the impugned order.3. Sri J.N. Tewari, learned senior Advocate assisted by Sri Rakesh Tewari has accepted notice on behalf of the opposite-party No. 1, has refuted the argument and said that under Rule-52 the petitioner can file an appeal, if so advised and that the said Rule-52 is Rule-21 of the Rules of 1978 which the opposite party No. 1 has adopted and is resting on with, for the purposes of mana...
Hari Ram Vs. State
Court: Allahabad
Decided on: Jan-20-1997
Reported in: 1997CriLJ2270
ORDERB.K. Sharma, J.1. This is an appeal against the judgment and the order dated 4-7-1980 passed by the then VI th Addl. District & Sessions Judge, Shahjahanpur Shri Krishna Kumar in ST No. 46 of 1979, whereby he convicted the accused-appellant of the offence under Section 392, IPC and sentenced him to undergo R.I. for a period of 3 years and pay a fine of Rs. 500/- and in default of payment of fine to further undergo R.I. for a period of 6 months.2. Heard learned counsel for the parties and also perused the record.3. From the evidence of informant Bulaki Ram (PW 1) and Ganga Ram (PW 2) it is established beyond doubt that an incident did take place on 7-4-1987 at about 8 p.m. in which the properties (sic) i.e. Paraat, Thalis and cash of Bulaki Ram informant, Dari, Rajayee and cash of Ganga Ram, besides the properties of Rameshwar, were looted from two bullock-carts, on which the same' were being carried from the Mela of Kalanpur after dismantling of their shops at the conclusive of th...
Obra thermal Power Station, U.P. State Electricity Board Vs. Workman C ...
Court: Allahabad
Decided on: Jan-17-1997
Reported in: 1998ACJ78; (1997)IILLJ292All; (1997)2UPLBEC914
ORDERC.A. Rahim, J.1. All these appeals are taken together as common question of facts and laws are involved.2. These appeals have been preferred against the judgment and order of the Commissioner, Workman Compensation, U.P. at Mirzapur.3. In First Appeal Order No. 628 of 1981 the Commissioner for Compensation passed award dated August 28, 1981 in favour of D.P. Baranwal an employee of Obra Thermal Power Station, U.P. State Electricity Board, Obra, Mirzapur to the extent of Rs. 32,340/- with interest @ 6% from the date when it is due along with 50% penalty amounting to Rs. 16, 170/-4. In First Appeal from Order No. 629 of 1981 the Commissioner for Compensation passed award dated August 12, 1981 in favour of Marwari, a Contractor's employee of Obra Thermal Power Station, U.P. State Electricity1 Board, Obra, Mirzapur to the extent of Rs. 5040/- with interest at the rate of 6% from the date when it is due . He also allowed Rs. 2520/-towards penalty @ 50%.5. In First Appeal from Order No. ...
Abdul Mannan Jafri Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-17-1997
Reported in: (1997)1UPLBEC234
B.S. Chauhan, J.1. The instant writ petition has been filed for issuing the appropriate writ or directions to the respondent-State to permit the petitioner to continue till he attains the age of 60 years and for issuing a writ of certiorari quashing the Rule 56 of Fundamental Rules in financial Hand book and the rules contained in the Subordinate Civil Courts Ministerial Staff Service Rules, 1947, which provides that Class III employees would be superannuated on attaining the ago of 53 years.2. The petitioner is working as a Class III employee in the civil courts at Allahabad and he has challenged the vires of the aforesaid Rules providing the age of superannuation being fixed at 58 years on the ground that a learned Single Judge of this Court in writ petition No. 6896 of 1993, Girja Prasad Singh v. State of U. P. and others, decided on 12-7-1993, had observed that the ratio of the All India Judges Association v. Union of India, AIR 1992 SC 165 : (1991) 2 UPLBEC 1387 (SC) hereinafter c...
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