Allahabad Court August 1997 Judgments
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Raza Textiles Ltd. and ors. Vs. Appellate Authority for Industrial and ...
Court: Allahabad
Decided on: Aug-07-1997
Reported in: [1998]94CompCas468(All)
M.C. Agarwal, J. 1. By this petition under Article 226 or the Constitution of India, the petitioners challenge an order dated February 14, 1994, passed by the Board for Industrial and Financial Reconstruction under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act'), recording an opinion that the company, petitioner No. 1, cannot be revived and should be wound up andan order dated August 10, 1994, passed by the Appellate Authority for Industrial and Financial Reconstruction dismissing an appeal against the first mentioned order.2. Counter and rejoinder affidavits have been exchanged.3. I have heard Sri K. L. Grover, advocate, for the petitioner, and Sri R. P. Agarwal, advocate, for respondents Nos. 3, 5 and 6, and Sri Ashok Srivas-tava for respondent No. 8. No other respondent appeared and contested the petition.4. Petitioner No. 1, Raza Textiles Limited, is a company registered under the Companies Act. In the petition, it h...
Commissioner of Wealth-tax Vs. Babu Ram Gupta (Late)
Court: Allahabad
Decided on: Aug-07-1997
Reported in: (1998)148CTR(All)446; [1998]234ITR649(All)
1. Notice by registered post was sent to the assessee on August 6, 1991. None appears for the assessee and we have, therefore, heard only the standing counsel. 2. At the instance of the Revenue, the Appellate Tribunal, as directed by this court, under Section 27(3) of the Wealth-tax Act, 1957, referred the following question for opinion of this court : 'Whether, on the facts and in the circumstances of the case, the view of the Tribunal that the relevant date for purposes of imposition of penalty under Section 18(1)(a) of the Wealth-tax Act, 1957, is the date when the return is actually filed (sic) is justified ?' 3. The relevant facts are that for the assessment year 1964-65, the wealth-tax return had become due on June 30, 1964, from the assessee, but it came to be filed on November 23, 1972. Amendment in Section 18(1)(a) of the Wealth-tax Act came to be made on March 31, 1969, and the effect of that amendment was that with effect from April 1, 1969, the rate of penalty was enhanced....
Sardar Tarvinder Singh and Another Vs. Sardar Ranjit Singh and Others
Court: Allahabad
Decided on: Aug-07-1997
Reported in: 1998(4)AWC814
B.K. Sharma, J.1. This is a revision against the judgment and decree dated 16.6.1989 passed by Sri S. K. Raturi. the then Judge, Small CauseCourts III (Additional District Judge) Dehradun in S.C.C. Suit Wo. 43 of 1987, Sardar Ranjit Singh and 2 others v. Smt. Harminder Kaur and 2 others, whereby he decreed the suit of the plaintiff Sardar Ranjit Singh. Sardar Jagir Singh and Smt. Jasbir Kaur against the defendants Smt. Harrninder Kaur, Sardar Tarvinder Singh and Hem Kund Enterprises (through Sardar Tarvinder Singh) for ejectment and recovery of Rs. 1,905.73 arrears of rent and taxes and recovery of damages for use and occupation from the date of the suit, i.e., 24.6.1987 up to the date of ejectment at the rate of 10% water tax at the rate of 12% and Sever tax at the rate of 3% on the amount of damages.2. The suit had been brought by the plaintiff-opposite parties with the allegations that as per her proposed letter dated 16.12.1985 Ext. 10 (hereinafter referred to as the 'agreement') t...
Rajveer S/O Gajadhar Vs. State of U.P.
Court: Allahabad
Decided on: Aug-07-1997
Reported in: 1998CriLJ1588
N.S. Gupta, J.1. Accused appellants Rajveer, Dammo and Roop Ram named above were convicted by Sri K.K. Sharma, the then IVth Additional Sessions Judge, Mathura vide his judgment and order dated 5-9-1980 under Section 395, I.P.C. and were sentenced to undergo R.I. for a period of five years each. Aggrieved of the said judgment and order they have come up in appeal before this Court.2. Since both these appeals arose out of one and the same judgment, they are being disposed of by this judgment as follows:-The prosecution claimed that on the intervening night of 31 -1 -1979/1 -2-1979, at about 12.30 a.m., an armed dacoity was committed at the house of Om Prakash, P.W. 1 in village Chandpur, Police Station Nauzhil, District Mathura, in which cash, clothes, gold and silver ornaments were looted away by the bandits. A lantern was burning inside the house of Om Prakash, PW 1 at the time of occurrence. Hearing the' noise of commission of dacoity, villagers arrived at the spot who had torches in...
Shiv Vir Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Aug-06-1997
Reported in: 1998(1)AWC42
O.P. Garg, J. 1. Heard learned counsel for the petitioner as well as learned standing counsel on the question of admission, or, otherwise of the present writ petition. With the consent of both the parties, the present petition is being disposed of finally.2. The petitioner--Shiv Vir Singh was employed as Sub-Inspector of Police in the Government Railway Police and was, at the relevant time, posted at Moradabad. He absented from duty during the period 23.6.1990 to 13.7.1990 (20 days). Subsequently, he was also absented from duty during the period 9.9.1990 to 14.9.1990 (6 days). On account of unauthorised absence of the petitioner, departmental proceedings were initiated against him under the provisions of Section 7 of the Police Act. After due enquiry and show cause notice the petitioner was dismissed from service on 16.10.1993. He filed a statutory appeal, which too was dismissed on 13.5.1996, i.e., after the filing of the present petition.3. Learned counsel for the petitioner urged th...
Smt. Kabiran and Others Vs. Riyazuddin
Court: Allahabad
Decided on: Aug-06-1997
Reported in: 1998(1)AWC553
D.C. Srivastava, J.1. This is plaintiffs second appeal.2. The brief facts are that Smt. Kabiran and her two sons filed a suit for recovery of possession of a disputed house No. 250 situated in Mohalla-Bunkar Nagar, Islamabad. Meerut against the defendant Riyaz Uddin on the allegation that the plaintiffs being the owners of the house, on the request of the defendant who is related to the plaintiff and is maternal grandson of the plaintiff No. 1, granted licence to occupy the disputed house along with plaintiff No. 1 in August, 1983. The defendant promised to vacate the house as and when required by the plaintiff No. 1. But the defendant subsequently changed his mind. In February, 1987, the plaintiff No. 1 requested the defendant to vacate the house but he was evading the request. Notices were also given but with no result, Licence was ultimately revoked through notice dated 18.8.1987. Since the defendant did not vacate the house, suit for his dispossession was filed.3. The suit was resi...
Jai Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Aug-05-1997
Reported in: 1998(2)AWC992
D.K. Seth, J.1. The petitioner was appointed as Seasonal Assistant Wasil Vaki Navis in Talisil Amipshahar on 1.7.1989 and had worked till 30.7.1993 as is apparent from Annexures-1 and 2. Selection for filling up of vacant post of Assistant Wasil Vaki Navls (hereinafter called as the A.W.V.N.) was held through a selection committee by respondent No. 2. The petitioner appeared in the selection and having been found successful in the written examination was called for interview by the selection committee which prepared a panel of the successful candidates wherein the petitioner's name was placed at 51. No. 11. Though the persons placed at SI. Nos. 1 to 10 and at SI. No. 12 were given appointment in the post of A.W.V.N. in different Tahslls but the petitioner has been overlooked in the matter of appointment. It is alleged that there are 10 posts of A.W.V.N. still vacant in the office of respondent No. 2 and its subordinates. Despite such vacancy, instead of giving appointment, the responde...
Smt. Sushila Gupta Vs. Administrator, Nagar Nigam and ors.
Court: Allahabad
Decided on: Aug-05-1997
Reported in: (1997)3UPLBEC1837
D.K. Seth, J.1. Sri R.K. Jain, learned counsel for the petitioner raised two very interesting questions, namely whether for the purposes of recruitment in respect of only one post, the provision for reservation provided for backward classes is applicable. Secondly, whether ad hoc appointee is eligible for promotion when the persons holding substantive post eligible for promotion, are available.2. In order to appreciate the points it is necessary to refer to the relevant facts which are as follows.3. The petitioner was appointed as a lecturer on 15-7-1964 in Physics in M. G. Intermediate College, Civil Lines, Kanpur run by the Nagarpalika, Kanpur, now known as Nagar Nigam, Kanpur. She was confirmed on 30th June 1977. The Nagar Nigam had been runing four Girls Schools. A combined seniority list of all the Girls Schools was prepared. In the seniority list the petitioner was placed at serial number, below one Smt. R. R. Srivastava, who after being promoted as Principal had retired on 30th ...
Vijai Bahadur Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-05-1997
Reported in: 1998CriLJ2358
G.S.N. Tripathi, J.1. Accused Vijai Bahadur Singh, Udai Bhan Singh, Indra Bahadur Singh, Pratap Singh and Gulab Singh were convicted and sentenced by the IIIrd Addl. Sessions Judge, Mirzapur in S.T. No. 194 of 1978, State v. Vijai Bahadur and 4 others, under Sections 302/149, 452/149, 323/149 and he passed various sentences. All the sentences were ordered to run concurrently.2. The prosecution case started on the basis of a F.I.R. (Exhibit Kal) lodged by Munif Shan at police station Chowki Churk on 6-8-1978 at 13.30 p.m. The incident is said to have taken place on 5-8-1978 at about 5. p.m. The distance of police station from the place of occurrence is, 2 miles. He has alleged that he had some quarrel with accused Vijai Bahadur Singh, a month earlier, which had caused a lot of annoyance and anger to the accused. On that basis, on 5-8-1978 at about 5 p.m. the accused Vijay Bahadur Singh, Udai Bhan Singh, Indra Bahadur, Pratap Singh and Gulab Singh, all appellants came armed at the house ...
Mazdoor Union Kisan Sahakari Chini Mill Ltd. Vs. U.P. Cooperative Suga ...
Court: Allahabad
Decided on: Aug-04-1997
Reported in: (1998)2UPLBEC1148
D.K. Seth, J.1. The petitioner is, as urged by Sri Ashok Khare learned Counsel for the petitioner, a recognised union under the bye-laws whereof it is authorised to espouse cause of its members and incur expenses for the said purposes. Sri A.K. Mishra, learned Counsel for the respondents had taken a preliminary objection that this writ-petition is not maintainable at the behest of the petitioner. In reply thereto Sri Khare had relied on the decision in the case of Akhil Bhartiya Soshit Karamchari Sangh (Railway) v. Union of India and Ors., A.I.R. 1981 S.C. 298. He contends that on the basis of the retio decided in the said decision, the petitioner is eligible and entitle to espouse the cause of its numbers and as such this writ petition is maintainable. In answer to the contention of Sri Khare, Sri Mishra relies on a Full Bench decision in the case of Umesh Chand Vinod Kumar and Ors. v. Krishi Utpadan Mandi Samiti, Bharthana and Anr., AIR 1984 Allahabad 46, and contends that pursuant t...
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