Allahabad Court December 1997 Judgments
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Jai Prakash Yadav Vs. District Inspector of Schools, Ghazipur and Anot ...
Court: Allahabad
Decided on: Dec-03-1997
Reported in: 1998(2)AWC965
J.C. Gupta, J.1. By means of this writ petition, the petitioner has prayed for a writ of mandamus directing respondent No. 1 to release his salary since 12.10.88 of the post of Science Lab Attendant, a Class IV post.2. One Ram Dev Singh, who was posted as Head Clerk in the Hartman Inter College, Hartmanpur. district Ghazipur, died on 11.4.88. The said College is recognised under the provisions of U. P. Intermediate Education Act as a minority institution. In the vacancy of Ram Dev Singh created on account of his death, one Bechan Ram, Assistant Clerk was promoted by the Committee of Management through the resolution dated 28.4.88. By the same resolution Jagdish Ram a Class-IV employee was promoted as Assistant Clerk in the vacancy created by promotion of Bechan Ram on the post of Head Clerk. Bechan Ram joined as Head Clerk on 1.5.88. while Jagdish Ram joined on the post of Assistant Clerk on 3.5.88. Their appointments were also approved by the District Inspector of Schools, Ghazipur an...
Yogendra Kumar Singh and Others Vs. State of U. P. and Others
Court: Allahabad
Decided on: Dec-03-1997
Reported in: 1998(2)AWC967
J.C. Gupta, J.1. By means of this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for quashing of the order of theDistrict Inspector of Schools, Jaunpur dated 20.7.1981, copy of which has been annexed as Annexure-XIII to the writ petition. They have further prayed for a writ of mandamus directing the respondents not to interfere with the functions of the petitioners as Lecturer in Economics. English and Sanskrit and to make payment of their salaries.2. The case of the petitioners in brief is that by the letter dated 27.9.1980, the District Inspector of Schools, Jaunpur (hereinafter to be referred in short as D.I.O.S.) approved the request of the Committee of Management to fill up four posts of Lecturers in the Intermediate Section in Dr. Bhagwan Dass Intermediate College. Hindi Baghela district Jaunpur (hereinafter to be referred as the Institution). Out of four posts of Lecturers, one post in History was filled by promotion and the remai...
Ram Bahadur Vs. District Inspector of Schools, Kanpur Dehat and Others
Court: Allahabad
Decided on: Dec-03-1997
Reported in: 1998(2)AWC970
O.P. Garg, J.1. By means of this writ petition under Article 226 of theConstitution of India, it is prayed that the order dated 9.12.1988 passed by the District Inspector of Schools (for short 'D.I.O.S.'), Kanpur Dehat be quashed and the respondents be directed not to create any hindrance in the functioning of the petitioner on the post of Daftari in Adarsh Kisan Higher Secondary School. Hanse Mau, Pukhrayan, Kanpur Dehat. Counter and rejoinder-affidavits have been exchanged. Heard Sri J. N. Varma, learned counsel for the petition and Sri K. K. Tripathi, learned counsel for the respondent No. 3 as well as the learned standing counsel on behalf of the D.I.O.S., Kanpur Dehat.2. Briefly stated, the facts of the case are that a vacancy on the post of Daftari had fallen vacant in the institution, known as Adarsh Kisan Higher Secondary School. Hanse Mau, Pukhrayan, Kanpur Dehat. The petitioner who was working on the post of Peon, having been appointed by Committee of Management in the year 1...
Ram Rati Vs. Dy. Director of Consolidation, Banda and Others
Court: Allahabad
Decided on: Dec-03-1997
Reported in: 1998(2)AWC973
Sudhir Narain, J.1. The controversy in this writ petition is as to whether after issue of Notification under Section 52 of the U. P. Consolidation of Holdings Act, 1953 (in short the Act), the application for condonation of delay in filing theappeal can be entertained and decided by the Consolidation Authorities.2. The controversy arises on the following facts. The petitioner filed objection that she is a tenureholder of the land in dispute. The objection was allowed by the Consolidation Officer. In pursuance of the order of Consolidation Officer a reference was made to the Deputy Director of Consolidation which was accepted by him. The village was denotified under Section 52 of the Act on 20.6.1981. The petitioner sold her rights to Ramraj Singh and Balram Singh. They filed an application for mutation of their names. This mutation application was allowed by the Assistant Consolidation Officer on 28.3.1993. On 21.8.1995 an appeal was filed on behalf of the State of U. P. and Gaon Sabha...
Commissioner of Income-tax Vs. Kohinoor Jewellers
Court: Allahabad
Decided on: Dec-03-1997
Reported in: (1998)148CTR(All)97; [1998]233ITR624(All); [1998]100TAXMAN369(All)
1. In pursuance of the direction of this court under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), the Income-tax Appellate Tribunal, Delhi Bench 'A', New Delhi, has referred at the instance of the Revenue, the following two questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that there was a dissolution of the first partnership on the death of Shri B.G. Mathur on February 16, 1976, and that the second partnership consisting of Smt. Daya Pyari Mathur and Sri G. C. Mathur, which took over the business could be assessed in accordance with Section 188 of the Income-tax Act, 1961 ?' (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in upholding the Appellate Assistant Commissioner's view that the income of the two periods could not be clubbed and that two separate assessments should be ma...
Ashok Kumar Chawla Vs. Central Board of Secondary Education and ors.
Court: Allahabad
Decided on: Dec-03-1997
Reported in: (1998)1UPLBEC370
Sudhir Narain, J.1. The petitioner is challenging the validity of the order of transfer dated 17.6.1997, transferring him from D.A.V. Public School, Rejendra Nagar, Shahibabad, district Ghaziabad to D.A.V. Public School situate in Bihar, passed by the D.A.V. College Managing Committee, Chitra Gupta Road, New Delhi, under the signature of its Director.2. Daya Nand Angio-Vedic College Trust and Management Society, New Delhi is a registered society under the provisions of Societies Registration Act, 1860. The Society is running about 600 educational institutions all over India, The Society has a Managing Committee known as the Management Committee of Daya Nand Anglo-Vedic College Trust and Management Society, New Delhi (in short the 'Managing Committee'). It has the Institution at Shahibabad known as D.A.V. Public School, Rajendra Nagar, Shahibabad, district Ghaziabad (in short the School). In the Year 1984 the Managing Committee advertised the post of Principal inviting applications from...
Bhagwati Prasad Nigam Vs. Director of Education (Secondary, U.P. Pensi ...
Court: Allahabad
Decided on: Dec-03-1997
Reported in: (1998)2UPLBEC1242
J.C. Gupta, J.1. By means of this writ petition, the petitioner had prayed for a writ of mandamus commanding the respondents to grant and pay pension to the petitioner from 1.7.1986 with interest and to pay the Provident Fund, Gratuity, Group Insurance etc. to the petitioner with interest.2. The facts in brief are that the petitioner was originally appointed in the College in question on 6.7.1949 as Assistance Teacher in C.T. Grade and thereafter he was appointed on the post of Lecturer in English in November, . 1953 and was confirmed on the said post. According to the petitioner since the age of retirement of the Teachers in the High School and Intermediate College is 60 years as provided under Regulation 21 of Chapter III of the-Regulations framed under the Uttar Pradesh Intermediate Education Act, 1921, the petitioner reached the age of superannuation on 30.9.1985 and could be retired on 30th June, 1986 at the end of the academic session. It may be mentioned here that one Sri Udho P...
Commissioner of Income Tax Vs. Smt. Suman Agarwal
Court: Allahabad
Decided on: Dec-03-1997
Reported in: (1998)149CTR(All)394
BY THE COURT:This is a reference under s. 256(1) of the IT Act, 1961, at the instance of the CIT, Agra. The Tribunal, Delhi Bench 'E', 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 right in law in holding that the assessee's default not being deliberate or conscious was a relevant factor for concluding that there existed a reasonable cause which prevented the assessee from furnishing the return of total income in time?'2. The dispute pertains to the asst. yr. 1974-75 and arises out of proceedings under s. 271(1)(a) of the IT Act, 1961 (for short 'the AcC), for imposition of penalty for delay in filing the return of the total income. The return in the case of the assessee for the assessment year in question was due on 31st July, 1974, while it was filed on 24th Feb., 1975, after a delay of six completed months. Under the circumstances, the ITO initiated penalty proceedings for the de...
Commissioner of Income Tax Vs. Rafiq Ahmad Feroj Ali.
Court: Allahabad
Decided on: Dec-03-1997
Reported in: (1998)146CTR(All)759
BY THE COURT :At the instance of the CIT, Lucknow, the Tribunal, Delhi C Bench, Delhi has referred the following questions for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in holding that two separate assessments as made by the ITO were in order ?2. Whether, on the facts and in the circumstances of the case, registration could be granted for part of the assessment year ?3. Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in allowing continuation of registration upto 20th September, 1974, even though no fresh application under s. 184(8) was filed by the assessee and the firm was, therefore, liable to be assessed in the status of URF for the whole of the previous year ?'2. We have heard Sri Bharat Ji Agarwal, senior standing counsel for the Revenue. No one appeared on behalf of the assessee.3. The assessee M/s Rafiq Ahmad Feroj Ali, was a partnership firm c...
iqbal Ahmad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-02-1997
Reported in: 1998(1)AWC288; (1998)1UPLBEC83
D.P. Mohapatra, C.J. 1. On a reference made by a Division Bench of this Court to decide the question whether the State Government is required to give an opportunity of hearing to the Chairman or member of the Town Area Committee before confirming the order of his removal from office under Section 7A of the U. P. Town Areas Act, 1914 (hereinafter referred to as the Act), this case has been placed before the Full Bench. In the reference order, the following questions have been formulated for consideration by the Full Bench-'(i) Whether it is obligatory on the State Government to provide an opportunity of hearing to the Chairman of Town Area Committee before confirmation under second proviso to Section 7A of the Act of the order of the District Magistrate removing him? (ii) Whether Government is required to pass a speaking order while confirming the order of the District Magistrate under the above provisions?'From the discussions in the reference order. it appears that the Division Bench ...
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