Allahabad Court July 1997 Judgments
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Vijay Bahadur Patel Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-29-1997
Reported in: 1998(1)AWC569
M. Katju and P.K. Jain, JJ.1. Heard learned counsel for the petitioner and learned standing counsel.2. By means of this petition the petitioner is challenging the validity of the U. P. Regulation of Cold Storages (Amendment) Act, 1997 being U. P. Act No. 2 of 1997. Earlier before the amendment the U. P. Regulation of Cold Storages Act, 1976 provided that the State Government could fix the maximum charges for storing agricultural produce in the Cold Storages. However, by this amendment, now the maximum charges can be fixed by the licence, but any one who has any grievance can approach the State Government under Section 29 (3) of the Act for reducing the charges on the ground that they are unreasonably high.3. We find no unconstitutionally in the aforesaid U. P. Act No. 2 of 1997. Whether there should be a maximum charge or not is for the Legislature to decide, and not for this Court. This Court cannot compel fixing maximum charges. The impugned amendment has only modified the earlier la...
Commissioner of Income-tax Vs. Smt. Durgawati Singh
Court: Allahabad
Decided on: Jul-29-1997
Reported in: [1998]234ITR249(All)
R.K. Gulati, J.1. At the instance of the Commissioner of Income-tax, Allahabad, the Income-tax Appellate Tribunal has referred under Section 256 of the Income-tax Act, 1961, 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 legally justified in agreeing with the Appellate Assistant Commissioner in cancelling the assessment made in the case of Smt. Durga-wati Singh, on the basis of the return filed by her ?'The respondent-assessee in respect of the assessment year 1973-74 filed her return of income in the status of an individual showing an income of Rs. 1,792 from a proprietary business for the period April 1, 1972 to May 27, 1972. She also returned an amount of Rs. 32,854 as share income from the partnership business carried on in the name of Friends Automobiles. It may be observed, the business that was carried on by the firm, was the proprietary business of the assessee before May 27, 1972.2. Dur...
Vijai Bahadur Singh Vs. Commissioner of Income-tax.
Court: Allahabad
Decided on: Jul-29-1997
Reported in: [1998]232ITR934(All)
R. K. GULATI J. - In pursuance of the directions of this court under section 256(2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following three questions of law for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the assessee was a benamidar of his wife, Smt. Durgawati Singh, who had been carrying on the business under the name and style of Friends Automobiles ?2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the assessee failed to produce any evidence, whatsoever, to show that Smt. Durgawati Singh was the absolute proprietor of Friends Automobiles ?3. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct to confirm the addition of a sum of Rs. 33,495 as the income of t...
Swarup Vegetable Products Industries Ltd., Mansoorpur, Muzaffarnagar V ...
Court: Allahabad
Decided on: Jul-28-1997
Reported in: 1998(1)AWC491; (1997)2UPLBEC1395
D.P. Mohapatra, C.J. 1. The learned single Judge, before whom the case was initially laid, referred the following 2 questions for consideration by a larger Bench:1. Whether the Labour Court/Industrial Tribunal have any statutory orlegal obligation to decide any issue as preliminary issue while adjudicating an Industrial dispute in accordance with procedure provided under Rules framed under U. P. Industrial Disputes Act? 2 Whether the High Court can in exercise of its jurisdiction under Article 226 of the Constitution mandate a Court or Tribunal to follow a procedure contrary to statutory Rules? When the case was listed before a Division Bench, the Bench took the view that the matter should be placed before a Full Bench for deciding the questions referred by the learned single Judge. That is how the case has been listed before this Full Bench for decision on the aforementioned questions.2. Shortly stated, the question that falls for determination is whether in a case where the validity ...
Km. Sushila Joshi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-28-1997
Reported in: 1998(1)AWC697
D. K, Seth, J.1. The petitioner claims that by reason of her appointment and promotion to the post of Lecturer on 8.7.1974 along with one Smt. Savitri Kulve, the petitioner having been placed above the said Smt. Savitri Kulve is senior than the said respondent No. 5. The petitioner was also showed senior to the respondent No. 5 in Annexures-2 and 3, which according to the petitioner are the seniority list. Subsequently, the post of principal became vacant. The schoolauthority was directed to appoint the petitioner on the post of Principal for being the seniormost teacher but the same was disputed by the respondent No. 5. Ultimately, by an order dated 29.6.1988 the seniority was determined, which is Annexure-9 to the writ petition. Subsequently, a further representation was made by the petitioner which was rejected by an order dated 20.6.1994, which is Annexure-11 to the writ petition. These are the orders which are being challenged by the present writ petition.2. The learned counsel fo...
Thakur Das Bhaskar Vs. Life Insurance Corporation of India and ors.
Court: Allahabad
Decided on: Jul-28-1997
Reported in: (1999)IIILLJ547All
R.A. Sharma, J.1. Petitioner who was Development Officer in the Life Insurance Corporation of India (hereinafter referred to as the Corporation) was charge-sheeted for (1) unauthorised collection of about Rs. 24,000/- from the policy holders and issuing receipts fraudulently; (2) making unauthorised noting in the tender-sheet; and (3) transfer of several policies to the branch offices with ulterior motive. An inquiry Officer was appointed who submitted the enquiry report holding the petitioner guilty of the charges. The Disciplinary Authority thereafter passed the order dismissing him from service and directing recovery of Rs. 23,923/- from him. Being aggrieved by the said order petitioner filed appeal which has also been dismissed on April 22, 1997. Hence this writ petition challenging the aforesaid two orders.2. We have heard Sri S.U. Khan, learned counsel for the petitioner and Dr. R.G. Padia, learned counsel for the respondents.3. The Learned counsel for the petitioner has made two...
Pranveer Singh Satvat Vs. Chancellor, Chandra Shekhar Azad Krishi Evam ...
Court: Allahabad
Decided on: Jul-28-1997
Reported in: (1997)3UPLBEC1682
D.P. Mohapatra, J.1. On a difference of opinion between the two learned Judges of a Division Bench, this case has been referred to the Full Bench.2. The factual matrix of the case leading to the present proceeding may be stated thus : Chandra Shekhar Azad Agriculture and Technology University, Kanpur (hereinafter referred to as the University) by the advertisement dated 15-6-1991 invited applications for appointment to two permanent posts of Assistant Professors (Agriculture Engineering) along with some other posts. The last date for submitting application was 10-7-1991. Fifty six candidates, including the petitioner Pranveer Singh Satwat, submitted their applications for the said post; of them thirty candidates, including the petitioner, were called for interview. The interview was held on 10-10-1991. On being selected by the Selection Committee the appointment letter dated 10-11-1991 was issued in favour of the Petitioner in pursuance of which he joined as Assistant Professor on 11-1...
TIn Mfg. Co. of India Vs. Union of India and Another
Court: Allahabad
Decided on: Jul-27-1997
Reported in: 1998(3)AWC2326
S.L. Saraf, J.1. It appears that the petitioner-company which is engaged in the business of export of tin containers, imported certain quantity of tin plates waste/waste soluble from United Kingdom against license No. P/L/3079530 on 27th September. 1984. As per the duty exemption entitlement cerlificate dated 1st October. 1984 pertaining to the import licence of the petitioner, the petitioner was required to make the corresponding exports within six months of the first consignment. The finding of the Additional Director General of Foreign Trade, Government of India, is that the petitioner was not guilty of misutilisation of imports effected against the said licence. Further, the lapse of non-fulfilment of export obligation was technical in the sense that the export to the tune of 98% both in terms of quantity and value have been effected thereafter and the export could not have been effected within the prescribed period due to the circumstances beyond the petitioner's control. Holding ...
Smt. Imrat Jahan and Others Vs. Viiith Addl. District Judge, Bareilly ...
Court: Allahabad
Decided on: Jul-25-1997
Reported in: 1998(1)AWC544
D.K. Seth, J.1. The deceased plaintiff had instituted a suit being suit No. 716 of 1989 against Smt- Arais Begum defendant No. 1 and Sagir Ahmad. son-in-law of Smt. Arais Begum. On the death of the plaintiff, the petitioners, claiming to be the daughters, sought to substitute themselves in place and stead of the deceased plaintiff on the ground that a will was executed by the deceased plaintiff on 16.5.91. On the other hand, the said Smt. Arais Begum claims to be substituted in place and stead of deceased plaintiff on the ground that she is the only daughter-in-law of the deceased plaintiff and therefore she has the right to substitute under Section 171 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter called as the Act).2. The learned trial court by an order dated 2.9.96 allowed the application of the petitioners. Upon revision being moved by the respondents, the revisional court by an order dated 28.3.97 passed in CM! Revision No. 136 of 1996 reversed the said order ...
K.P. Singh Vs. Executive Engineer, Electricity Distribution Division, ...
Court: Allahabad
Decided on: Jul-25-1997
Reported in: 1998(1)AWC546
M. Katju and O.P. Garg, JJ.1. The petitioner is an advocate and he is claiming payment of his bills. In our opinion, the remedy of any advocate for bills which have not been paid, whether they are payable by the Government or by a private party, is to file a civil suit. In our opinion, an advocate is on the same footing as the general public. If for any goods supplied by some one or for services rendered payment is not given, the remedy is to file civil suit and not awrit petition. Moreover, it has to be examined whether the bills are genuine and whether they are payable or not and, to what extent, which is not possible in writ jurisdiction. The writ petition is dismissed on the ground of alternative remedy....
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