Allahabad Court August 1997 Judgments
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Rakesh Dutt Vs. State of U. P. and Others
Court: Allahabad
Decided on: Aug-14-1997
Reported in: 1998(1)AWC87
Sudhir Narain, J. 1. The petitioner seeks writ of mandamus commanding the respondents to permit the petitioner to work as Seasonal Collection Amin and to pay the salary of the petitioner and further to regularise the service of the petitioner as Collection Amin.2. The version of the petitioner is that he was appointed as Seasonal Collection Amin in the year 1973 and since then he has worked as Seasonal Collection Amin till the year 1994. On 21.5.1995 a seniority list of the Seasonal Collection Amins was prepared by the Committee constituted by the Collector and in the said seniority list, the name of the petitioner finds place at Serial No. 11. On the basis of the aforesaid seniority list, several other candidates were appointed as Collection Amin in the year 1995-96 who were junior to the petitioner. The petitioner has been ignored. He had collected more than 70 per cent of Government dues as directed by the authorities concerned.3. The grievance of the petitioner is that he has not b...
Rajeev Ratanam Tewari and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-14-1997
Reported in: 1998(1)AWC162; (1997)3UPLBEC2105
Sudhir Narain, J.1. This writ petition is directed against the order dated 21.6.1997 passed by the Chairman, Board of Basic Education, U. P., Allahabad/Director of Education (Basic), U. P., Allahabad, respondent No. 3 cancelling the appointments of 368 Assistant Teachers appointed in Primary Schools.2. The facts of the case are in a narrow compass. One Siddheshwari Singh was District Basic Education Officer in the district Jaunpur in the year 1995. He got published an advertisement on 21.10.1995 in the daily newspaper 'Rashtriya Sahara' for appointment to the post of Assistant Teachers in Primary Schools, run by the U. P. Basic Education Board. The petitioners and various other candidates applied for appointment. The candidates were selected by Sri Siddheshwari Singh, Basic Education Officer along with one Jang Bahadur, Deputy Inspector of Schools. The District Basic Education Officer issued appointment letters to 368 candidates including the petitioners between the period 24.2.1996 to...
Shakoor and anr. Vs. State
Court: Allahabad
Decided on: Aug-14-1997
Reported in: 1998CriLJ1591
K.D. Shahi, J.1. This appeal arises out of judgment and order of Shri R. N. Agarwala, the then I Additional Sessions Judge, Rampur in Sessions Trial No. 75 of 1979 whreby he has convicted accused Hanif under Section 302, I.P.C. and accused Shakoor under Section 302 read with Section 34, I.P.C. Accused Hanif has been sentenced to life imprisonment and to pay a fine of Rs. 200/- and accused Shakoor has been sentenced to imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine to undergo one month's R.I. more.2. The facts of the case are, that Babban, the informant lodged FIR on 14-11-1978 at about 8.30 p.m. at Police Station, Swar of District Rampur that in the morning of 14th November, 1978, the son of accused Shakoor had thrown brickbats in the house of Haji Abdul Haq when he had gone out. Abdul Khaliq, the grandson of the informant went to make a complaint to Shakoor in front of his house at about 8.00 p.m. on the same day (14-11 -1978), in the meantime, ...
Dr. Mahant Pd. Kushwaha Vs. State of U.P., Through Higher Education Se ...
Court: Allahabad
Decided on: Aug-12-1997
Reported in: 1998(1)AWC310
R.A. Sharma, J. 1. In view of the retirement of the regular Principal of Baba Raghavdas Bhagwandas Post-Graduate College, Ashram Barhaj, district Deoria (hereinafter referred to as the college) on 30.6.1991, the Committee of Management of the college appointed the petitioner, who is a lecturer in the college, as officiating Principal with effect from 1.7.1991. Although the petitioner was appointed as officiating Principal but he was not paid the salary of the Principal. He, therefore, filed Writ Petition No. 27497 of 1993 before this Court, which was disposed of on 15.3.1993, giving liberty to him to make representation to the Director, U. P. Higher Education in that connection. The petitioner claims to have made a representation before the Director ; but no order appears to have been passed for payment of salary of the post of Principal. He also made a representation before the Chancellor of the University, praying for regularisation of his service as Principal of the college. This re...
Renusagar Power Co. Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Aug-12-1997
Reported in: (1998)148CTR(All)380; [1998]234ITR782(All)
1. At the instance of the assessee, the Income-tax Appellate Tribunal referred the following questions for the opinion of this court for the assessment year 1970-71 under Section 256(1) of the Income-tax Act, 1961 (briefly, 'the Act') :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the Commissioner had rightly assumed jurisdiction under Section 263 of the Income-tax Act, 1961, and that the affording of proper opportunity of being heard was a matter of procedure which followed the assumption of jurisdiction, and was not in itself a condition precedent for the assumption of jurisdiction ?2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that even though the order under Section 263 was passed in violation of principles of natural justice and the mandatory provision it would not be correct in law to quash it as an order void ab initio and that the correct view of law would be to restore...
Commissioner of Income-tax Vs. H.K. Kapoor (Decd.) (Through Legal Heir ...
Court: Allahabad
Decided on: Aug-12-1997
Reported in: (1998)150CTR(All)128; [1998]234ITR753(All)
1. On the application of the Revenue made under Section 256(1) of the Income-tax Act, 1961 (briefly, 'the Act'), the Appellate Tribunal referred the following 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 the assessee had complied with the requirements of Section 54 of the Income-tax Act, 1961, in respect of the construction of the house at 54, Surya Nagar, Agra, and that he was entitled to exemption out of the capital gain from the sale of the house at Golf Link to the extent of the cost of construction of the house at 64, Surya Nagar, Agra ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that for availing of the benefits under Section 54 of the Income-tax Act, 1961, it is not necessary that the construction of the new house should begin after the sale of the old house ? 3. Whethe...
Kedar Nath Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-11-1997
Reported in: 1998(1)AWC699; [1998(79)FLR241]
D.K. Seth, J.1. The petitioner was posted in the Civil Police Force of the Police Department. According to Mr. Yogesh Agrawal the petitioner being a Sub-Inspector of Police has been sought to be transferred from one Branch of the Police Department to another Branch of the Police Department which is contrary to Regulation 525 of the Police Regulations as it requires sanction of the Inspector General of Police on transfer of police personnel from one branch to another branch of the Police Department in the cases of persons other than constables. According to him, in the present case, no such sanction has been given by the Inspector General of Police. The order of transfer was issued by the Deputy Inspector General of Police (Administration). According to him, therefore, the order of transfer is void ob initio.2. Learned standing counsel, on the other hand, relies on the statement made in paragraph 10 of the counter-affidavit that the question of sanction does not arise in the present cas...
Babu Ram Daya Nand Prakash Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-08-1997
Reported in: [2003]133STC139(All)
1. Heard Sri Ashok Kumar, counsel for the petitioners, and the learned Standing Counsel.2. The short question for consideration in this writ petition is whether the petitioner is entitled to interest on belated payment(s).3. The contention of the petitioner is that it became entitled to refund of Rs. 14,195 as a result of the order dated February 27, 1993, passed by the Trade Tax Tribunal. Thereafter, an order to refund the amount came to be passed on February 7, 1996. Pursuant to that order, a refund voucher was prepared on March 14, 1996, which was issued by the respondent on June 15, 1996. As a voucher is valid only for a period of 60 days under Rule 99 of the U.P. Trade Tax Rules, the voucher dated March 14, 1996, was dishonoured by the bank, as that was presented much beyond the period of validity. The respondent then prepared another voucher on August 29, 1996, which is said to have been despatched on November 13, 1996, and that, according to the petitioner, was received on Novem...
Amitabh Textiles Mills Ltd., Dehradun and Another Vs. U.P. State Elect ...
Court: Allahabad
Decided on: Aug-07-1997
Reported in: 1998(1)AWC43
Binod Kumar Roy and M. L. Singhal, JJ.1. The petitioners have come up with two prayers--(i) to quash the demand notice dated 5.3.1997 as contained in Annexures '9A. 9B and 9C' to the writ petition, which were issued pursuant to non-payment of electrical bills by the petitioners to respondent No. 1--the U. P. State Electricity Board by grant of a writ of certiorari, (ii) to command the respondents not to start recovery proceedings against them without prior sanction of the B.I.F.R. by grant of a writ of mandamus.2. A lot of submissions were made by Sri S. P. Singh, learned counsel appearing on behalf of the petitioners, while trying to support the prayers with reference to several case laws. His main submissions were that as the proceedings were pending before the B.l.F.R. the bills cannot be paid without its sanction and that before the Electrical Engineer the petitioners had prayed for referring the dispute to the Electrical Inspector, which was not done illegally.3. Sri Sudhir Agarwa...
Prahlad Singh Vs. Sub-divisional Officer, Bahraich/Assistant Collector ...
Court: Allahabad
Decided on: Aug-07-1997
Reported in: 1998(1)AWC214
R.H. Zaidi, J.1. By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction mainly in the nature of certiorari quashing the order dated 15.5.1996 whereby the Election Tribunal constituted under U. P. Panchayat Raj, (for short the Act) framed the preliminary issue regarding counting of votes and order dated 17.6.1996 wherby the respondent No. 1 directed for recounting of votes.2. The brief and relevant facts of the case as unfolded in the affidavits filed by the parties are that the petitioner contested the election for the post of Pradhan of Gram Panchayat, Rajapur Kalan, Post Payagpur, district Bahraich and was declared elected as Pradhan of the Gram Panchayat on 20.4.1996. Respondent No. 2, the defeated candidate filed an election petition under Section 12C of the Act challenging the validity of the election of the petitioner which he has won by 27 votes, within the time prescribed under the law.3. On receipt ...
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