Allahabad Court November 1997 Judgments
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Siddhartha Kumar and Others Vs. Upper Civil Judge, Senior Division, Gh ...
Court: Allahabad
Decided on: Nov-20-1997
Reported in: 1998(1)AWC593; (1998)1UPLBEC587
O.P. Garg, J.1. More often than not, this Court is faced with the petitions under Article 226 of the Constitution of India in which an unpalatable. Irritating and perturbing prayer is made that the subordinate courts be commanded by means of writ of mandamus to proceed with, conclude and decide the long pending suits, appeals, revisions or other civil proceedings, including execution applications, etc., expeditiously or/and within the time to be phased by this Court. As exemplars, the following four writ petitions have been culled out to highlight the malady about the law's delays :1. Civil Misc. Writ No. 25505 of 1997--The petitioners filed Suit No. 204 of 1958 for the relief of permanent injunction which was decided in terms of compromise on 8.2.1960. The Judgment debtor-defendants who are the respondents in the writ petition violated the terms of the compromise. The petitioner-decree holders had to file another Suit No. 69 of 1969 which was decreed on 20.7.1971. The appeal preferred...
Ram Swaroop Kainthola Vs. Director of Education (Secondary), U.P., All ...
Court: Allahabad
Decided on: Nov-20-1997
Reported in: 1998(2)AWC1246
Sudhir Narain, J.1. This writ petition is directed against the order dated 16.8.1997. passed by the Director of Education (Secondary) U. P.. Allahabad, respondent No. 1, holding that Sri Ganga Singh Bisht, respondent No. 4. Is senior to the petitioner.2. The dispute relates as to the seniority between the petitioner and respondent No. 4. The undisputed facts are that respondent No. 4 was appointed in B.T.C. grade in Higher Secondary School. Maundari. Post Office Dandatalla. district Garhwal on 1.8.1975. The petitioner was also appointed in the same institution in B.T.C. grade on 1.8.1977. The Institution was upgraded to the level and the petitioner and respondent No. 4 were promoted in C.T. grade on 9.1.1985. There is no dispute that in B.T.C. grade respondent No. 4 was senior to the petitioner. The controversy is in respect of the seniority in L.T. grade. On up-gradation of the Institution to the level of High School on 9.1.1985. three posts of L.T. grade teachers were also created by...
National Insurance Co. Ltd. Vs. Smt. Deepa Pant and ors.
Court: Allahabad
Decided on: Nov-20-1997
Reported in: I(1998)ACC484; [1998]92CompCas118(All)
1. Heard counsel for the appellant.2. This appeal is from the award dated August 28, 1997, passed in the Motor Accidents Claim No. 600 of 1993. The facts giving rise to this appeal are that Chandra Shekhar Pant was posted as Divisional Logging Manager in the Forest Corporation in Kaladungi, District Nainital. On July 4, 1993, at about 10 a.m. while he was travelling in Jeep No. U.P.32/4302, the jeep met an accident in which he died. The other occupants of the jeep, namely, driver and Dak-runner received injuries but they survived. A claim petition was filed by the claimant/respondents for payment of compensation under Section 166 of the Motor Vehicles Act (hereinafter referred to 'the Act'). After hearing the parties, the learned Tribunal has awarded compensation of Rs. 4,15,019 payable by the appellant, aggrieved by which this appeal has been filed.3. Learned counsel for the appellant has assailed the award on the ground that in view of the condition 'a' in Section 2 of the policy, as...
Lalji Yadav and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-20-1997
Reported in: 1998CriLJ2366
ORDERI.M. Quddusi, J.1. This petition under Section 482 Cr. P.C. was initially filed by four persons, namely, Lalji Yadav, Shahabuddin, Ataur Rahman urf Babu and Imtiaz Ahmad, who were allegedly involved in case crime No. 19 of 1997 under Section 364-A/120-B/302/34 I.P.C. police station Bhelupra, Varanasi, challenging the order dated 30th August, 1997 passed by the Chief Judicial Magistrate, Varanasi by which the bail application of the applicants was rejected on the ground that they were not in custody of that court. It may be mentioned here that the application of one Mukhtar Ansari was also considered along with the bail application of these persons and the accused were detained in Ghazipur Jail in connection with some other offence.2. On 8-9-97 an application was moved on behalf of Mukhtar Ansari son of Subhanullah Ansari for being him impleaded as petitioner No. 5 in Criminal Misc. Application No. 5537 of 1997. Sri P.P. Srivastava, learned Senior Counsel assisted by Sri D. V. Sing...
Rosa Sugar Works and ors Vs. Cc and Ce (A) and ors.
Court: Allahabad
Decided on: Nov-20-1997
Reported in: 1998(75)LC521(Allahabad)
ORDERR.K. Gulati, J.1. We have heard learned Counsel for the petitioners. No one is present for the respondents despite notice was served.2. The petitioner No. 1 is engaged in the manufacture of sugar and was subject to certain duties under the Central Excises and Salt Act, 1944. Feeling aggrieved, the petitioners filed two sets of appeals together with stay applications before the first respondent, the Commissioner, Customs and Central Excise (Appeals) Allahabad. The first set of appeal is against four demand orders dated 8.1.1997. That appeal is still pending. It is said that no order on stay application has so far been made. In the second set three demand orders dated 17.4.1997 have been appealed against. This appeal, it is claimed was heard on 6.11.1997 and orders are awaited. The complaint of the petitioners is that pending decision of the aforesaid two appeals, the third respondent-Superintendent, Central Excise, Shahjahanpur has not only attached 566 bags of V.P. sugar belonging...
Anil Kumar Tiwari Vs. Executive Engineer, Allahabad and Another
Court: Allahabad
Decided on: Nov-19-1997
Reported in: 1998(1)AWC383; (1998)2UPLBEC1098
Aloke Chakrabarti, J.1. This writ petition was filed by the petitioner challenging the order of termination from service dated 7.12.1991 passed by the respondent No. 1 (Annexure No. 11 to the writ petition) and for other relief.2. The case made out in the writ petition by the petitioner is that in pursuance of advertisement made by the Executive Engineer. Public Tubewell Construction Division, Fatehpur, the petitioner submitted application for appointment in the post of Tubewell Operator and after passing written examination and interview the petitioner was directed to submit his domicile certificate and the same was submitted by the petitioner. Thereupon one Sri Rajendra Singh submitted an application stating therein that the petitioner is not a permanent resident of village Tarna whereupon the matter was verified as regards petitioner's domicile certificate. After such enquiry, the petitioner was directed by the Executive Engineer, Public Tubewell Construction Division, Fatehpur for ...
Dularey Vs. Deputy Director of Consolidation, Basti and Others
Court: Allahabad
Decided on: Nov-19-1997
Reported in: 1998(1)AWC740
Sudhir Narain, J.1. This writ petition is directed against the order of the Deputy Director of Consolidation dated 12.2.1976 deciding the preliminary objection raised on behalf of the petitioner regarding the Jurisdiction of the Consolidation Authorities to decide the validity of the sale deed.2. The dispute is in respect of the land as recorded in Khata Nos. 176/2 and 177/2 of basic year Khatauni. In the basic year Khataunt during the consolidation proceedings the name of Mst. Patiraji was recorded. The petitioner filed objection that she had executed a registered sale deed in his favour on 14 March. 1966 and his name should be recorded in the revenue records. He prayed that the name of Mst. Patiraji, respondent No. 4 be expunged. Respondent No. 4 submitted a reply to the said objection. She stated that the petitioner is closely related. He is her husband's sister's husband. She never executed any sale deed. Her thumb impressions were taken on blank papers for mutation purposes and on...
Commissioner of Income-tax Vs. U.P. Shoe Industries
Court: Allahabad
Decided on: Nov-19-1997
Reported in: (1999)152CTR(All)205; [1999]235ITR663(All)
ORDER--ScopeRatio:The Tribunal had jurisdiction to rectify mistake apparent from record and the mistake could be rectified only by recalling the order passed by it.Held:The Tribunal's observations has become redundant because the assessing officer has already passed the order under section 154 of the Act giving relief to the assessee was mistaken. This was a mistake apparent from the record and, therefore, under the specific powers conferred on the Tribunal by sub-section (2) of section 254 of the Act, the Tribunal had jurisdiction to rectify the mistake and the mistake could be rectified only by recalling the order disposing of that ground raised in the appeal afresh after hearing the parties.Application:Also to current assessment year.A. Y.:1973-74Income Tax Act 1961 s.254(2) Appeal (Tribunal)--POWER TO RECALL ITS ...
Commissioner of Income-tax Vs. Sohan Lal Singhania
Court: Allahabad
Decided on: Nov-19-1997
Reported in: (1998)150CTR(All)28; [1999]235ITR616(All)
1. At the instance of the Commissioner of Income-tax (Central) Kanpur, the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), has referred the following question of law for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee would be entitled to claim deduction under Section 80G of the Income-tax Act, 1961, in respect of the shares donated to Murlidhar Sohan Lal Foundation Society, Kanpur ?'2. We have heard learned counsel for the parties. The dispute pertains to the assessment year 1974-75. At the relevant time, the assessee held 6,000 equity shares of the face value of rupees 10 of J. K. Synthetics Ltd., Kanpur, as stock-in-trade. Those shares were donated by the assessee to Murlidhar Sohan Lal Foundation Society, Kanpur, a charitable trust. In his assessment, the assessee claimed a deduction of Rs. 23,584 under Se...
Rudra Bilas Kisan Sahkari Chini Mills Ltd. Vs. Addl. Secy. to Govt. of ...
Court: Allahabad
Decided on: Nov-19-1997
Reported in: 1998(102)ELT546(All)
1. This writ petition is directed against an order dated 27th June, 1986 passed by the Additional Secretary to the Government of India under Sub-section (4) or Section 35EE of the Central Excises and Salt Act, 1944. Sub-section (4) reads 'The Central Government may, of its own motion, annul or modify any order referred to in Sub-section (1).'2. The petitioner had stored molasses in a kutcha pit. The physical balance of molasses according to RG 1 account should have been 11313.86 quintals but the book balance was recorded as 5827.50 quintals without any entry for regular removal of the balance quantity of 5486.36 quintals. The Assistant Collector of Central Excise, Rampur was not satisfied about the explanation given by the petitioner for the above discrepancy and, therefore, demanded duty on the shortage of 5486.36 quintals of molasses and also imposed a penalty of Rs. 500/-.3. In appeal preferred by the petitioner, the Collector of Central Excise (Appeals), New Delhi accepted the expl...
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