Allahabad Court August 1997 Judgments
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In Re : Direction Given by S.L. Saraf, J.
Court: Allahabad
Decided on: Aug-26-1997
Reported in: 1999(2)AWC1047
ORDERS.L. Saraf, J.1. On 24th August, 1997, I issued a show-cause notice to the District Magistrate. Allahabad, the Chief Engineer (East) U. P. Jal Nigam, Allahabad and one P. P. Misra, Junior Engineer, Construction Division, U. P. Jal Nigam, Allahabad to show cause as to why the drinking water is not being made available to the people of Chaka Block and directed them to restore the water supply within a period of twenty four hours In the entire area of Chaka block.2. Today, in Court room the District Magistrate, the Chief Engineer (East), U. P. Jal Nigam. Allahabad and one Sri P. P. Misra. Junior Engineer are present and they have expressed their regret that such scarcity of water has occurred due to non-repair of water pump. Their submission Is that water pump has now been repaired and the water has been made available to the residents of Chaka block from 4 p.m. onwards since yesterday. The authorities have also brought in water tankers to meet the scarcity of water In remote places ...
Ct/Driver (810701321) G.P. Tewari Vs. I.G. of Police Raf, C.R.P.F. and ...
Court: Allahabad
Decided on: Aug-26-1997
Reported in: (1998)2UPLBEC838
Aloke Chakrabarti, J.1. The order dated 1.11.1996 at Annexure-1 to the writ petition has been challenged herein in the following factual background.2. The petitioner joined the Central Reserve Police Force as constable in the year 1981. After a charge-sheet dated 1.5.1995 was issue and a proceeding took place, the Inquiry Officer submitted a report whereupon the Disciplinary Authority held the petitioner guilty of charge of over-stay without permission of the competent authority an imposed punishment of dismissal from service under Section 11(1) of the Central Reserve Police Force Act read with Rule 27 of the Rules framed under the said Act. The petitioner preferred an appeal against the said order which was decided by the Appellate Authority by order dated 29.1.1996 whereby the Appellate Authority by order dated 29.1.1996 whereby the punishment order was set aside and the intervening period from the date of dismissal till the date of joining the duty was directed to be decided on meri...
S.i.E.L. Ltd., Titawi, Muzaffarnagar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-22-1997
Reported in: 1998(1)AWC298
R.H. Zaidi, J. 1. Heard learned counsel for the parties and perused the record.2. By means of the instant writ petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 21.5.97, passed by the Special Secretary (Sugar). State of U. P.. Lucknow dismissing the appeal filed by the petitioner against the order dated 19.11.96, passed by the Cane Commissioner, U. P., Lucknow and allowing the appeal filed by the respondent No. 3 against the order dated 9.11.96 under U. P. Sugarcane (Regulation of Supply and Purchase) Act. 1953 (for short the Act).3. It appears that the Cane Commissioner. U. P.. Lucknow vide his order dated 9.11.96 in exercise of power under Section 15 of the Sugarcane Act reserved area including purchase centres, i.e., Bhora Kalan, Hadauti, Bhora Khurd and Sisouli/Mundbhar of Distt. Muzaffarnagar, U. P. to the respondent No. 3. Vide order dated 19.11.96, the Cane...
Jaydrath Singh Alias Jaydoo Singh and Another Vs. Jivendra Kumar and O ...
Court: Allahabad
Decided on: Aug-22-1997
Reported in: 1998(2)AWC1373; (1997)3UPLBEC1607
I.M. Quddusi, J.1. These are three connected appeals arising out of the same judgment and order dated 26.9.1996 passed by IVth Additional District Judge, Shahjahanpur in Jaydrath Singh v. Jivendra Kumar and others, Election Petition No. 1 of 1995. The learned court below while allowing the election petition declared opposite party No. 1 before him, namely, Jivendra Kumar to have become disqualified to be the Adhyaksha.2. Brief facts of the case are that Jaydrath Singh and Vijai Pratap Singh, who are appellants in First Appeal No. 706 of 1996 filed, an election petition under Section 27 (2) of Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (thereinafter referred to as 'the Act') read with Rule 33 of Uttar Pradesh Zila Panchayats (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules. 1994 (hereinafter described as the 'Rules') against the election of Jivendra Kumar (appellant in First Appeal No. 428 of 1996) declaring him elected as Adh...
Hukum Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-22-1997
Reported in: AIR1998All120
Om Prakash, J.1. These three writ petitions are filed by petitioners who fall in different categories. Sri G.C. Bhattacharya, learned counsel for the petitioners made common arguments and, therefore, it is convenient to dispose of the three writ petitions by a common order.2. Writ Petition No. 672/96 is filed by the Secretary, Recreation Centre of National Thermal Power Corporation, Singrauli (briefly, the NTPC), writ petition No. 637/96 is filed by three Cable T. V. Net work operators and the last writ petition being the writ petition No. 647/96 is filed by a subscriber.3. In all these writ petitions, the petitioners have, inter alia, sought quashing of assessment orders, made under Section 12 Sub-section (1) of the U.P. Entertainment and betting Tax Act, 1979 (briefly, the Act) which are appealable under Sub-section (2) of Section 12 of the Act and of the impugned G. O. dated 12-4-1989 notifying the rates of tax.4. Since Sri G.C. Bhattacharya, learned counsel for the petitioners has ...
M/S. Harish Brothers Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-21-1997
Reported in: 1998(1)AWC255
R.H. Zaidi, J.1. By means of instant petition, under Article 226 of the Constitution of India, the petitioner mainly prays for issuance of writ, order or direction in the nature of certiorari quashing the award dated 23.8.1995 given by the Presiding Officer, Labour Court, Lucknow, in Adjudication Case No. 109 of 1989, against the petitioner, in exercise of powers under the U. P. Industrial Disputes Act (hereinafter for short 'the Act'). Prayer for a writ of mandamus directing the respondents not to enforce the aforesaid award and not to prosecute the petitioner for its non-compliance have also been made.2. The relevant facts of the case given rise to the present petition are that respondent No. 3, 'Kapra Karmchari Sangh'. Ganga Prasad Verma Smarak Bhawan. Aminabad, Lucknow, complained to the Conciliation Officer, on behalf of Smt. Pushpa Singh, Smt. Kamlesh Kumari, Smt. Prema Nigam and Smt. Suman who were engaged in 'chikan sewing etc. In petitioner firm that their services were illega...
Rajeshwar Pratap Sahi Vs. Commissioner, Gorakhpur and Others
Court: Allahabad
Decided on: Aug-21-1997
Reported in: 1998(2)AWC856
S. P. Srivastava, J.1. Feeling aggrieved by the order passed by the appellate authority disposing of the four appeals filed by the petitioner under Section 33 of the U. P. Imposition of Celling on Land Holdings Act directed against the orders passed by the prescribed authority in Case No. 45 being orders dated 19.7.93. 17.2.95, 28.2.95, 24.3.95 and 31.3.95 as welt as the orders passed by the prescribed authority in Case No. 48/18 being orders dated 30.8.93. 7.3.95. 20.3.95 and 29.4.95, he has approached this Court seeking redress praying for the quashing of the aforesaid orders declaring an area of 69.99 acres of agricultural holdings of Bisheshwar Pratap Sahi to be surplus.2. I have heard Sri R. N. Singh, learned senior advocate representing the petitioner and the learned standing counsel representing the respondents.3. The parties have exchanged their affidavits and their learned counsel have requested that taking into consideration the facts and circumstances of this case, the writ ...
Shiva Paper Mills Limited Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Aug-21-1997
Reported in: [2003]133STC4(All)
S.L. Saraf, J.1. The applicant is engaged in the business of manufacture and sale of paper. On account of admitted tax a cheque for a sum of Rs. 96,928 being cheque No. 1572 dated September 30, 1983 payable at Bank of Baroda, Dhamaura, was given by the assessee to its assessing authority. The said cheque was, however, not deposited in the State Bank by the sales tax authorities prior to October 3, 1983. The said cheque was, however, encashed on November 1, 1983. Meanwhile on October 31, 1983 the assessing authority initiated the proceedings under Section 15-A(l)(qq) of the U.P. Sales Tax Act, 1948 calling upon the applicant to show cause as to why penalty be not imposed for non-deposit of admitted tax and subsequently a penalty was imposed for Rs. 14,500 under the said provisions of the Act.2. The contention of the petitioner is that the cheque for the admitted amount of tax was paid by the assessee to the officer concerned and under rule 49 of the U.P. Sales Tax Rules, 1948 the date o...
Ram Sahai Shukla Vs. Member Sachiv, District Administrative Committee/ ...
Court: Allahabad
Decided on: Aug-21-1997
Reported in: (1997)3UPLBEC2028
R.A. Sharma, J.1. The petitioner, who was an employee in Sadhan Sahkari Samiti Ltd. Sakardaha, Block Harraiya District Basti (herein after referred to as the Society), was appointed as officiating cadre Secretary of another Society viz., Sadhan Sahkari Samiti Ltd. Khamaria Vikas Khand Parashurampur District Basti vide orders dated 7-6-1986 and 8-5-1988 The District Administrative Committee passed a resolution on 26th May, 1989 suspending him. The District Assistant Registrar, who is Member-Secretary of the said Committee, passed another order dated 7-7-1989 directing reversion of the petitioner from the pest of officiating Secretary on the ground that the petitioner has mis appropriated a sum of Rs. 3,48,554.56. By the said order the Assistant Registrar also directed the Society in which the petitioner was appointed as Accountant sales man to terminate his service forthwith. Pursuant to the direction of the Assistant Registrar the Society passed order dated 7-1-1990 terminating petitio...
Jokhu Ram Verma Vs. District Judge, Faizabad and Others
Court: Allahabad
Decided on: Aug-20-1997
Reported in: 1998(1)AWC297
R.H. Zaidi, J. 1. By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ, order or direction in the nature of certiorari for quashing judgment and order dated 15.12.97 passed by the District Judge, Faizabad and judgment and decree dated 19.10.78, passed by the learned Additional Munsif, Akbarpur, District Faizabad.2. It appears that the Suit No. 239 of 1975 filed by the petitioner for permanent injunction was dismissed by the Additional Munsif, Akbarpur, District Faizabad on 19.10.78.3. Aggrieved by the judgment and decree passed by the trial court, petitioner preferred a belated appeal on 1.1.79 along with an application under Section 5 of the Indian Limitation Act which was supported by an affidavit, forcondonation the delay in filing the appeal. However, by judgment and order dated 15.12.79, District Judge, Faizabad dismissed the application filed under Section 5 of the Indian Limitation Act and also rejected...
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