Allahabad Court October 1997 Judgments
Vishwamitra Yadav Vs. U.P. State Public Service Tribunal and ors.
Court: Allahabad
Decided on: Oct-29-1997
Reported in: (1998)1UPLBEC23
R.A. Sharma, J.1. The petitioner, who was working as play organiser in observation Home at Basti, was promoted vide order dated June 28, 1994 by the District Magistrate to the post of Assistant Superintendent observation Home (hereinafter referred to as Assistant Superintendent) at Basti on temporary/ad hoc basis till a candidate duly selected by the Director Women Welfare, U.P. Lucknow (hereinafter referred to as the Director) is appointed. By an order dated May 15, 1996 the petitioner's promotion was cancelled by the Director. Against the said order the petitioner filed writ petition which was dismissed by this Court on the ground of alternative remedy of a claim petition before U.P. Public Service Tribunal, Lucknow (hereinafter referred to as the Tribunal). The petitioner thereafter filed claim petition before the Tribunal which has been dismissed vide order dated May 29, 1997. Being aggrieved , he has filed this writ petition.2. On August 8, 1997 learned Standing Counsel, who repre...
Tag this Judgment!Bal Mukund Jaiswal Vs. Superintendent, District Jail and anr.
Court: Allahabad
Decided on: Oct-29-1997
Reported in: 1998(1)ALT(Cri)7; 1998CriLJ3343
Giridhar Malaviya, J.1. A Division Bench of this Court has referred the following question to be decided by the Full Bench :-Where an accused person is under judicial custody on the basis of a valid remand order passed under Sections 209 or 309, Cr.P.C. by the Magistrate pending committal proceedings or trial, should he be set at liberty by issuing a writ of Habeas Corpus on the ground that his initial detention was violative of Constitutional guarantee enshrined in Articles 21 and 22 of the Constitution of India2. It may be mentioned here that the petitioner filed the present petition challenging his detention in Varanasi Jail in Crime No. Nil of 1993/Special Trial No. 273 of 1993 Under Sections 8/21/ 22/25/27 of Narcotic Drugs and Psychotropic Substances Act of Police Station N.C.D. Varanasi. It was alleged that when the petitioner was arrested in the said crime he was not informed the grounds of his arrest with the result that his detention being in violation of the provisions of Se...
Tag this Judgment!Shyam Sunder Sharma Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-28-1997
Reported in: 1998(2)AWC1384
D.C. Srivastava, J.1.The petitioner in this writ petition has prayed for a writ of mandamus directing the respondent No. 2 to appoint him as Process Server in Civil Court, Lalitpur with further direction to the respondent No. 2 to deem the petitioner appointed as Class IV employee when a substantive vacancy arose in civil court, Lalitpur.2. The case of the petitioner is that the District Judge, Lalitpur held an examination for selection of candidates to Class IV post on 19.12.1991 under the provisions of U. P. Subordinate Civil Courts Inferior Establishment Rules, 1955. Oral examination was conducted and the petitioner was found qualified and suitable for the post. On 19.12.1991 Itself, a list of 5 selected candidates for class IV post was declared and published by the District Judge, Lalitpur respondent No. 2 vide Annexure-1, Out of the five candidates so selected, the candidates at Sl. Nos. 1 and 2 were given appointment on the same day. The remaining three candidates were assured th...
Tag this Judgment!Brij Bhal Singh Gautam Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-28-1997
Reported in: AIR1998All132
S.R. Singh, J. 1. In the instant case, the learned Counsel appearing for the opposite parties prefaced his submission with a preliminary objection about lack of territorial jurisdiction of this Court and it is in this perspective that we are called upon to dispose of the preliminary objection as a prologue to delving into the submissions on merits of the writ petition. Accordingly, the hearing in the matter was circumscribed to the moot question about territorial jurisdiction of this Court under Article 226 of the Constitution. 2. A synoptical resumption of the relevant facts necessary to appreciate the moot questionraised across the bar, may be set out and they are that the Divisional Manager, Central Railways with its Head Office stationed at Jabalpur invited applications from respectable and experienced caterers vide advertisement dated 10-11-1996 (Annexure 2 to the writ petition) for grant of catering contract in respect of Manikpur Railway Station, that the petitioner and opposite...
Tag this Judgment!Commissioner of Income-tax Vs. Bharat Curio Stores
Court: Allahabad
Decided on: Oct-28-1997
Reported in: (1999)152CTR(All)51; [1999]235ITR507(All)
1. Pursuant to the directions of the High Court made under Section 256(2) of the Income-tax Act, 1961 (briefly, 'the Act'), the Income-tax Appellate Tribunal referred the following question relating to the assessment years 1976-77 and 1977-78 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Appellate Assistant Commissioner to entertain the claim of the assessee for weighted deduction on additional items on which the claim was not made in the return before the Income-tax Officer ?'2. The Appellate Tribunal found that whereas for the assessment year 1976-77, the assessee claimed weighted deduction on the new items : (i) stationery ; (ii) postage ; and (iii) export promotion, for the assessment year 1977-78, weighted deduction under Section 35B was claimed only on one additional item, namely, salaries, before the Appellate Assistant Commissioner.3. The Appellate Assistant Commissioner did not entertain ...
Tag this Judgment!Bhullan Singh and anr. Vs. Dy. Director of Education and ors.
Court: Allahabad
Decided on: Oct-28-1997
Reported in: (1999)IIILLJ551All; (1998)1UPLBEC10
S.R. Singh, J. 1. Present Special Appeal arises out of dismissal of Writ Petition No. 10116 of 1986 vide judgment and order dated January 24, 1992 passed by a learned single Judge, which is excerpted below : 'Heard learned counsel for the petitioner. By this petition, the petitioner seeks a writ ofcertiorari quashing the order dated April 26,1986 whereby petitioner's services have beenterminated. Ex-facie the order of termination demonstrates that he was a temporary employee. A temporary employee does not acquire any right to hold the post. No interference is called for in writ jurisdiction. The petition has no substance and is accordingly dismissed. The stay order, if any shall stand vacated.' Factual matrix of the case briefly stated is that the appellants were appointed Assistant Teachers in Government Inter College, Duddhi, Mirzapur, by the Regional Dy. Director of Education vide appointment letter dated November 1, 1985 a copy of which has been annexed as Annexure 2 to the wri...
Tag this Judgment!Commissioner, Sales Tax Vs. Tek Invest (India) Pvt. Ltd.
Court: Allahabad
Decided on: Oct-28-1997
Reported in: [2003]133STC148(All)
S.L. Saraf, J. 1. The assessee was authorised to import machinery and machinery parts and his registration certificate was endorsed to that effect. While importing the machineries the assessee imported generator sets. The authorities argued that the said generating sets were machinery parts only and on that basis they taxed the assessee. The Tribunal considered the matter and held that it was not a machinery part but was a machinery itself as such they allowed the appeal of the assessee.2. The contentions raised by Mr. K.M. Sahai on behalf of the department that it falls under the category of electrical goods as such it is taxable at the rate of 12 per cent.3. The question involved in this case is not whether generator set will be taxed at the rate of 12 per cent under the electrical goods or the machinery parts where the rate is 6 per cent. The question involved in this case is whether the penalty for the importation of the generator set could be levied under the Central Sales Tax Act...
Tag this Judgment!Arvind Kumar Agarwal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-28-1997
Reported in: (1998)1UPLBEC163
O.P. Garg, J.1. In this writ petition, under Article 226 of the Constitution of India, it is prayed that a direction be issued to the respondents in the nature of writ of mandamus to treat the petitioner in continuous service and to award all the benefits to which the petitioner is entitled as per service Rules of the Bank.2. Counter and rejoinder affidavits has been exchanged. Heard Sri Subodh Kumar, learned Counsel for the petitioner and Sri Shyam Narain, learned Counsel for the respondent No. 2-Secretary/General Manager, Pilibhit District Co-operative Bank as well as learned Standing Counsel on behalf of the State. It is an admitted fact that the petitioner Arvind Kumar Agarwal was engaged on daily wage basis for specified periods at intervals on the post of Clerk-cum-Cashier, in the Pilibhit District Co-operative Bank. Initially the petitioner was appointed on 18.8.1986 on the daily wage basis at the rate of Rs. 25/- per day for a period of three months. He ceased to work on 11.11,...
Tag this Judgment!Shiksha Parishad and anr. Vs. Deputy Registrar, Firms, Societies and C ...
Court: Allahabad
Decided on: Oct-28-1997
Reported in: (1998)1UPLBEC290
S.R. Singh, J.1. This Special appeal has been filed against the judgment/order dated 7.12.1995 passed in Civil Misc. Writ Petition No. 29192 of 1995, Shiksha Parishad, Nagwa, Ballia and Anr. v. Deputy Registrar, Firms, Societies and Chits, Faizabad Division, Faizabad and Anr., connected with Civil Misc. Writ Petition No. 26515 of 1995, Shiksha Parishad, Nagwa, District Ballia and Anr. v. Commissioner, Azmagarh Division, Azamgarh and Anr., The controversy relates to renewal of certificate of registration of the society known as 'Shiksha Parishad, Nagwa, Ballia. The order dated 4.4.1995 passed by the Deputy Registrar, Firms, Societies and Cities, Faizabad Division, Faizabad was subject matter of impungnment in Civil Misc. Writ Petition No. 29192 of 1995. The said order dated 4.4.1995 although set aside in appeal by the Commissioner, Faizabad Division, Faizabad vide order dated 23.8.1995 which order was impugned in Civil Misc. Writ Petition No. 26515, the writ petition No. 29192 came to b...
Tag this Judgment!Committee of Management, Tagore Uchchattar Madhyamic Vidyalaya and anr ...
Court: Allahabad
Decided on: Oct-28-1997
Reported in: (1998)1UPLBEC429
D.P. Mohapatra, C.J.1. The Committee of Management, Tagore Uchchatar Madhyamic Vidyalaya, Dilawarganj, Farrukhabad, through its Manager Devendra. Singh and Om Narain Singh, Principal, Tagore Uchchatar Madhyamic Vidyalaya, Dilawarganj, Farrukhabad, the petitioners of Civil Misc. Writ Petition No. 24363 of 1997, have filed this appeal challenging the order dated 31.7.1997 in which the learned Single Judge summarily dismissed the writ petition on the ground of alternative remedy. The relevant portion of the order reads:-'Taking into consideration the facts and circumstances brought on record I am not inclined to interfere at this stage while exercising the extraordinary jurisdiction envisaged under Article 226 of the Constitution of India specially when the petitioners can get their grievances redressed by approaching the Deputy Director, of Education of the region concerned as clarified by this Court in the case of Shandar Hussain and Anr. v. Deputy Director of Education, Moradahad and O...
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