Allahabad Court December 1997 Judgments
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Keshav Ram Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-11-1997
Reported in: 1998(2)AWC979; [1998(79)FLR78]
S. H. A. Raza and Bhagwan Din, JJ.1. Before the closure of the Auto Tractors Ltd., Pratapgarh a Public Undertaking--the petitioner was working therein as an Assistant Manager (Personnel and Administration) at a Basic Pay of Rs. 1,770 per month in the pay scale of Rs. 1.350-2,100 which was revised to Rs. 3,100-4.500 with effect from 1.1.1986 and the same was approved by the Board of Directors for its implementation. However, as the Auto Tractors Ltd., closed down, the revised pay scale of the petitioner could not be implemented.2. After the closure of the Auto Tractors Ltd., a retrenchment certificate was issued to the petitioner on 24.3.1994. According to the retrenchment certificate, the petitioner worked in the Auto Tractors Ltd., from 17.5.1980 to 20.11.1980. The petitioner was retrenched on 21.11.1990. At the time of retrenchment, the petitioner was drawing the pay scale which has been indicated in the foregoing paragraph.3. The Auto Tractors Ltd., Pratapgarh, was closed down by th...
Vijai Bahadur Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-11-1997
Reported in: 1998(2)AWC1396
Palok Basu and M. L. Singhal, JJ.1. While coming to hear the Mining Mineral matters, three sets of writ petitions came up for discussion. Since some of the counsel were appearing in many of the cases inasmuch as quite a few factual questions were overlapping, ail the writ petitions of three respective sets were heard together. But, in order to facilitate disposal of the respective petitions, all the three sets, shall be decided by separate judgments one following the other.2. In the first set. there are two writ petitions, Writ Petition No. 30690 of 1997 filed by Vijai Bahadur, and Writ Petition No. 32863 of 1997 filed by Ram Kishore. Shri Har Swarup Nigam assisted by Shri S. S. Nigam, has been heard at considerable length in support of this writ petition. There was an intervening application moved in this case by Shri Murlidhar, filed by Sewak. Likewise, though Ram Kishore has filed an independent writ petition, he also has filed a counter-affidavit in this petition too. which has bee...
Shashi Bhushan Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-11-1997
Reported in: (1998)3UPLBEC2161
S.C. Verma, J.1. In the present petition under Article 226 of the Constitution, the petitioner has assailed the order of the District inspector of Schools, Sultanpur dated 7.8.1997 by which the financial sanction for payment of salary to the petitioner on the post of Assistant Teacher to L.T, grade was refused.2. The Institution Janta Higher Secondary School. Kurebhar. Sultanpur, is a recognised institution under the provisions of U.P. Intermediate Education Act and is also governed by the U.P. Act No. 24 of 1971 as also U.P. Secondary Education Service Commission and Board's Act. On the basis of the strength of the students the Institution was granted sanction for one extra sanction in 9th Class by the District Inspector of Schools. The Institution treating it as a vacancy available on a sanctioned post, initiated proceeding for selection and appointment of a Teacher in L.T. grade. The Committee of Management of the Institution after making necessary selection appointed the petitioner...
Ravi Shankar Tewari Vs. Police Maha-nideshak and ors.
Court: Allahabad
Decided on: Dec-11-1997
Reported in: (1998)2UPLBEC1183
O.P. Garg, J.1. By means of this writ petition, under Article 226 of the Constitution, it is prayed that the order dated 20.8.1996, Annexure-8 to the writ petition, be quashed and the respondents be directed to appoint the petitioner under the U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as 'the Rules of 1974').2. Heard Sri A.K. Tewari, learned Counsel for the petitioner as well as learned Standing Counsel on behalf of the respondents.3. Sri Ganga Prasad Tewari, employed as Constable (No. 1809) in Civil Police, was posted at South Malaka Police Station, Kotwali, district Allahabad. He was found missing from 16.10.1985 onwards. His family members were informed of the said fact on 23.12.1985. Retiral benefits were allowed to the family of Sri Ganga Prasad Tewari in the year 1991 treating him to be dead. The petitioner, who is son of Sri Ganga Prasad Tewari applied for appointment under the Rules of 1974 on compassionate gro...
Managing Committee, Karamat HusaIn Muslim Girls Degree College and ors ...
Court: Allahabad
Decided on: Dec-11-1997
Reported in: (1998)3UPLBEC2220
Amarbir Singh Gill, J.1. Petitioners have challenged the order dated 26.12.1985 passed by opposite party Shia Central Board of Waqfs, U.P., Lucknow by means of which Committee of Management of Karamat Hussain Muslim Girls Degree College. Lucknow. petitioner No. 1 has been superseded and new Committee has been appointed in respect of the waqf properties.2. Brief facts leading to the present controversy between the parties are that an Association for the Education of Muslim in India by the have of Anjuman Talim-ul-Muslimat-e-Hind, Lucknow was formed on 27.4.1912 with the object to educate Muslim women in India by a few prominent and renewned Muslisms of that time including justice Syed Karamat Hussain. a retired Judge of the Allahabad High Court. The Association was registered under the Registration of Societies Act, 1860. The Anujman Talim-ul-Muslimat-Hind (hereinafter referred to as Anjuman in brief), petitioner No. 2 with the object of educating Muslim women in India started a Primary...
VipIn Kumar Agarwal Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-11-1997
Reported in: 1998CriLJ2327
ORDERP.K. Jain, J.1. Heard Sri Vinod Kumar Sharma, learned counsel for the revisionist, Sri J. K. Khanna, learned counsel for opposite party No. 2 and the learned A.G.A. for the State.2. This revision is directed against the order dated 21-3-96 passed by the then IInd Addl. Sessions Judge, Bareilly summoning the revisionist as an accused in exercise of powers under Section 193, Cr. PC. in S.T. No. 722 of 1994, under Sections 323/504/506/307/498-A/ 147/149 and 420 IPC, P.S. Prem Nagar, district Bareilly.3. On the report of respondent No. 2 a case crime No. 420 of 1993 under the aforesaid sections as well as under Section 3/4 of the Dowry Prohibition Act was registered. The present revisionist was also nominated as an accused in the First Information Report. However, the police submitted chargesheet against four accused persons and no chargesheet was submitted against the present revisionist. After the case was committed to the Court of Sessions an application was moved before the learne...
Anil Kumar JaIn Vs. Collector/Collector Stamp, Etawah and Others
Court: Allahabad
Decided on: Dec-10-1997
Reported in: 1998(2)AWC929
D.S. Sinha and O.P. Jain, JJ.1. Heard Sri Rakesh Kumar Porwal, learned counsel appearing for the petitioner and Sri A. N. Shukla, learned standing counsel representing the respondents.2. By means of this petition under Article 226 of the Constitution, the petitioner prays that the recovery certificate dated 18th June, 1981, a photo-copy whereof ts Annexure-1 to the petition, be quashed. Along with the petition, the petitioner also moved an application for incorporating additional prayer for quashing the order dated 13th August. 1987, a photo-copy whereof is Annexure-4 to the petition. The order dated 13th August, 1987 was passed by the Assistant Commissioner Stamp. Allahabad Division, at Etawah, the respondent No. 3, inproceedings under Section 47A/33 of the Indian Stamp Act. 1899 (hereinafter called the Act), as amended by the State of Uttar Pradesh and the impugned recovery certificate has been issued by way of implementation of the said order dated 13th August, 1987.3. The learned c...
Shri Om Sewa Samiti, Kanpur Nagar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-10-1997
Reported in: 1998(2)AWC978
R. R. K. Trivedi and R. K. Singh, JJ.1. Heard learned counsel for the petitioner, Shri I. M. Kushwaha, learned counsel for respondent No. 3 and learned standing counsel for respondent Nos. 1 and 2. Learned counsel for the parties have agreed that this petition may be decided finally at this stage.2. This petition has been filed challenging the recovery of the amount of Rs. 2,61.464 as arrears of land revenue on the basis of the citation dated 20.11.1997, Annexure-6 to the writ petition.3. Learned counsel for the petitioner has submitted that the loan was sanctioned by mortgage of the properties of the Society and the amount cannot be recovered from the personal property of the Secretary of the Society or fromany other property. Learned counsel has relied on the provisions of Uttar Pradesh Pubic Moneys (Recovery of Dues) Act in support of the aforesaid submission. Learned counsel has also placed reliance in case : Ashok Kumar Singh and others v. State of U. P. and others, 1979 ALJ 203. ...
State of U.P. and ors. Vs. Putti Lal
Court: Allahabad
Decided on: Dec-10-1997
Reported in: [1998(79)FLR592]; (1999)IIILLJ556All; (1998)1UPLBEC313
R.A. Sharma, J. 1. The petitioners are working as Daily Wagers/ Muster Roll employees in Forest Department of the Government of U. P. for the last several years ranging from about 3 to 20 years. They have filed these writ petitions seeking writ of mandamus directing the respondents to regularise their service and to pay them the same salary which is being paid to the employees belonging to Classes III and IV.2. One of these writ petitions No. 23091 of 1995, Sheo Kumar v. State of U. P. was allowed by a learned single Judge on August 25, 1995 with direction to regularise the service of the petitioners therein in terms of the earlier judgment of this Court in Writ Petition No. 26925 of 1990. Against this judgment Special Appeal No. 90 of 1996 has been filed. The Government applied for recall of the said order dated August 25, 1995. This application was rejected by the learned single Judge vide order dated October 2, 1996. While rejecting that application the learned Judge also directed f...
Commissioner of Income Tax Vs. Mentra and Alued Products
Court: Allahabad
Decided on: Dec-10-1997
Reported in: (1999)151CTR(All)596
ORDERBY THE COURT:This is a reference under s. 256(1) of the IT Act, 1961, at the instance of the CIT, the Tribunal, Delhi Bench 'C' has referred the following two questions of law for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the provisions of s. 187(2) were not applicable to the facts of the instant case?'2. Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in upholding the order of the CIT(A) directing the ITO to make two separate assessments for the two periods?'2. We have heard learned standing counsel for the Revenue. No one has put in appearance on behalf of the assessee.3. The dispute pertains to the asst. yr. 1976-77 for which the previous year ended 31st March, 1976. The assessee filed two returns of income, namely, one for the period 1st April, 1975, to 31st Dec., 1975, declaring an income of Rs. 36,762 and the other for the period 1st Jan., 1976, to 31st March, 1976, showing ...
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