Allahabad Court March 1997 Judgments
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Gas and Metal Operators Vs. Labour Commissioner and anr.
Court: Allahabad
Decided on: Mar-13-1997
Reported in: (1998)ILLJ764All; (1997)2UPLBEC1052
M. Katju, J. 1. This writ petition has been filed against the impugned recovery certificate dated March 25, 1987, Annexure-9 to the writ petition issued under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as 'the Act'). 2. I have heard learned counsel for the parties. The petitioner is a registered partnership firm. Fifty percent share of the firm is owned by Hemant Narain Narhar Gokhale and his mother Smt. Vineeta Gokhale, while the remaining 50% is owned by Sri Dilip Ranaday and his father M.B.Ranaday. In the factory of the petitioner firm 86 workers were employed. Dilip Ranaday was appointed as occupier of the said factory and he was also Factory Manager. It is alleged in paragraph 5 of the petition that without knowledge of the other partners Dilip Ranaday for some ulterior motive is said to have displayed a notice dated March 1, 1987 stating that the factory would be closed from March 1, 1987. True copy of the said notice is Annexure-1 to t...
Canteen Karmchari Sangharsh Samiti Vs. National thermal Power Corporat ...
Court: Allahabad
Decided on: Mar-12-1997
Reported in: (1999)IIILLJ1181All
R.A. Sharma and D.K. Seth, JJ. 1. The appellant claiming to be a Trade Union of employees working in National Thermal Power Corporation Limited, Shakti Nagar, Sonbhadra, filed writ petition before this Court for the following reliefs:-- '(i) To issue suitable writ, direction or order commanding the Respondents 1 and 2 to treat the employees of the Canteen in their project at Singrauli as their own employees entitled to the same wages/benefits and facilities as are being given to their own employees, (ii) to issue a suitable writ, direction or ordercommanding the Respondents 1 and 2 to payto the canteen employees atleast that much ofwages which it pays to its sweepers andattendants and to give them overtimeallowance, dearness allowance, paid holiday,weekly offs. etc. as per the provisionscontained in various Labour Laws, (iii) to issue a writ in the nature of mandamusor any other writ/direction or ordercommanding the respondent No.3 to get thecanteen employees treated as the employees...
Yagyik B.P. Vs. Reviewing Authority/Appellate Authority, State Bank of ...
Court: Allahabad
Decided on: Mar-10-1997
Reported in: (1999)IIILLJ1183All
O.P. Garg, J. 1. The petitioner, B.P. Yagyik, has filed this petition under Art. 226 of the Constitution of India to challenge the order of his removal from service. 2. The wood cut profile of the case is the petitioner, B.P. Yagyik was initially appointed as a clerk in the State Bank of India on January 27, 1962. In course of time he came to be promoted in officer Grade-I in the year 1978 . Following detection of several irregularities committed by him while functioning as Officer/Branch Manager at Ram Nagar (Varansi) Branch and also as Officer JMGS -- I at Johnstonganj (Allahabad) Branch, he was placed under suspension w.e.f. March 11, 1983. A chargesheet dated May 19, 1983 was issued to him which contained as many as 11 charges. In substance, the charges related to irregular demand draft purchase of cheques, local printing of stationery far in excess of discretionary powers despite Controlling Authority's specific advices to the contrary, disbursal of loans without proper documentat...
Smt. Sadhana Randev Vs. Santosh Kumar
Court: Allahabad
Decided on: Mar-10-1997
Reported in: I(1997)DMC643; I(1998)DMC710
R.K. Mahajan, J.1. Smt. Sadhana wife of Mr. Santosh Kumar Randev @ Santosh Kumar Panda has filed the above appeal against the order dated 31.5.1994 by the Und Additional District Judge, Varanasi in Misc. Case No. 35 of 1992, Santosh Kumar Randev v. Smt. Sadhana, under Section 25 of the Guardians and Wards Act, 1890, by virtue of which an order was made that the custody of three minor children namely, Abhilasha @ Nanu, Abhijeet @ Mambi and Km. Jasvi be given to the father as it is in their welfare. The order was passed taking into consideration the dubious relation of Smt. Sadhana with one Sanjiv Misra with whom she is living at Varanasi. Before proceeding straightway to the controversy the brief facts of the case are referred.2. The marriage was solemnized between the parties on 20.2.1981. A daughter namely Km. Abhilasha was born on 10.12.1981. Thereafter a son Abhijeet was bom on 29.8.1983. Itappears that Smt. Sadhana left the house of her husband and went to the house of her father a...
Udai Chand JaIn and ors. Vs. Commissioner of Wealth Tax and anr.
Court: Allahabad
Decided on: Mar-10-1997
Reported in: (1997)142CTR(All)155
S. L. SARAF, J. :By this petition, the petitioners have challenged the order passed by the CWT, Kanpur, under the provisions of s. 25(1) of the WT Act, 1957 (hereinafter referred to as the Act) whereby, the CIT has refused to entertain the application for revision filed by the petitioners.2. The case of the petitioners is that under the provisions of Compulsory Deposit Scheme (Income-tax Payers) Act, 1974, the petitioners are liable to make deposit and they have been making such deposits under the said Act regularly with their bankers and the said amounts were to be received back by the petitioners in five equal instalments every year together with interest. The said amounts were shown standing to their credit in the Compulsory Deposit Schemes and has been considered as one of the assets while making assessment of income. The IAC, A Range, Kanpur, had taken into account the said amount as their wealth-tax assets. However, the petitioners filed a revision application under s. 25 of the ...
Motor Sales Vs. Commissioner of Income Tax.
Court: Allahabad
Decided on: Mar-09-1997
Reported in: (1997)142CTR(All)451
BY THE COURT :At the instance of the assessee, the Tribunal, Allahabad referred the following question for the opinion of this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that on 15th October, 1972 the firm stopped doing its business and held the assets of the business thereafter for and on behalf of the company which was stipulated to be formed by the partners of the firm in terms of the deed of copartnery dt. 16th October, 1972 If the answer to the above be in the affirmative -Whether, the Tribunal was justified on the facts and in the circumstances of the case, in holding that the firm was liable to be assessed in respect of the profits which arose and accrued to it with regard to its trading from 1st January, 1972 to 15th October, 1972 in terms of s. 170 of the IT Act, 1961 ?'2. The facts, as briefly stated, in the order of the Tribunal are that the assessee-firm comprised three partners during the accounting period which...
Ramji Tiwari and ors. Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Mar-06-1997
Reported in: (1997)1UPLBEC690
M. Katju, J.1. This writ petition has been filed for a writ of certiorari praying for quashing the impugned order dated 7-6-1991 Annexure 11 to the writ petition and for e writ of mandamus directing the state Government to pay salaries to the teachers and other employees of the primary section of the D. A. V. Intermediate Colleges, Azamgarh under the U P. High Schools and Intermediate Colleges (Payment of Sala ries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Payment of Salaries Act).2. I have heard Shri J.J. Munir, learned counsel for the petitioners Shri S.C. Budhwar, who was appointed as amicus curiae by my order dated 18-11-1996, and also learned Standing Counsel.3, The facts of the case are that there is an educational institution known as the D. A. V. Intermediate College, Azamgarh which is a recognised and aided institution. It is alleged in paragraph 2 of the writ petition that this institution imparts education from lower K G to Intermediate class...
Rashid Ahmad Khan Vs. Tej NaraIn and anr.
Court: Allahabad
Decided on: Mar-06-1997
Reported in: (1997)3UPLBEC1558
K.C. Bhargava, J.1. This is an appeal against the order dated 31-7-1996 passed by the U. P. Public Services Tribunal in Contempt Petition No 172 of 1993.2. We have heard learned counsel for the appellant as well as learned counsel for respondent No. 1 and the learned Standing Counsel on behalf of respondent No. 2. 3. A preliminary objection has been raised that the appeal is not maintainable as no order of punishment had been passed in the present case. According to the learned counsel for the appellant the appeal is maintainable as a finding has been given that a prima facie contempt is made out. In order to resolve the controversy it is necessary to reproduce the impugned order dated 31-7-1996 :'The opposite party has applied for discharge of notice. It is objected. After hearing I have carefully perused the relevant material en record. There is a definite finding on 25-7-1995 that a prima fads contempt is made out. After this opposite party was given three option on 24-8-1995. He di...
Vinai Singh Vs. Assistant Valuation Officer and anr.
Court: Allahabad
Decided on: Mar-06-1997
Reported in: (1997)143CTR(All)124
ORDERBY THE COURT :Heard Sri Kumar Saxena, Advocate, for the petitioner and Sri Ashok Kumar, standing counsel, for the Respondents.2. The petitioner seeks a writ of certiorari quashing the notice dt. 6th September, 1983 issued by respondent No. 1 Asstt. Valuation Officer (Annexure 2) as well as the reference order under s. 16A(1) of the WT Act dt. 4th February, 1983 of respondent No. 2 WTO, Saharanpur.3. The case of the petitioner is that reference by the WTO to the Asstt. Valuation Officer under s. 16A(1) of the WT Act is without jurisdiction, since no assessment proceedings under the WT Act for any of the assessment years were pending on the date the reference was made. The relevant allegation has been made in paragraph No. 13 of the petition. The respondents have not filed any counter-affidavit to contradict this allegation. As such we have to proceed as if no assessment proceedings were pending under the WT Act when the reference under s. 16A(1) of the Act was made by respondent No...
Anil Agarwal Vs. State Bank of India
Court: Allahabad
Decided on: Mar-05-1997
Reported in: [1999]96CompCas686(All)
S.K. Phaujdar, J.1. The matter was heard on March 3, 1997. A mortgage suit was filed by the State Bank of India before the Civil Judge, Meerut, which was registered as Suit No. 453 of 1995 for recovery of Rs. 94,00,000 (rupees ninety-four lakhs) odd. The defendants, including the present revisionist, appeared in the suit and an application was moved before the court below under Sections 8 and 9 of the Arbitration and Conciliation Act, 1996, praying therein that the court may refer the parties to arbitration and may stay further proceedings in the suit. The court below had considered the application, perused the agreement between the plaintiff and Rico Rubbers of which the revisionist is a partner, and rejected theprayer for reference to arbitration holding that the agreement in question was not an arbitration agreement and hence no reference to arbitration could be made.2. The relevant clause on which learned counsel for the revisionist as also learned counsel for the caveator bank dre...
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