Allahabad Court August 1997 Judgments
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Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...
Court: Allahabad
Decided on: Aug-01-1997
Reported in: 1998(1)AWC53
G.P. Mathur, J.1. This petition under Article 226 of the Constitution of India has been filed for quashing the finding and sentence of the General Court Martial and the order rejecting the petition under Section 164(2) of the Army Act.2. The petitioner was tried by General Court Martial for stabbing Sepoy Driver Rabari Bhagwan Bhai Dhanna Bhai (for short Rabari) of his centre on 4.3.1978. The case of the prosecution, in brief, was that the petitioner was a member of the Staff of the Unit Regimental Police in March, 1978. At about 18.00 hours on 4.3.1978 he persuaded Sepoy Driver Rabari of his centre to accompany him to Gaya town by falsely representing to the latter that he (petitioner) was on regimental police duty. Both of them first went to a fair organised in the town. At about 21.00 hours, Sep. Rabari suggested that they should return to the centre. The petitioner, however, persuaded Sep. Rabari to go with him to Sarai Mohalla (local red light area) for the allowed purpose of chec...
Mohd. Habib and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-01-1997
Reported in: 1998(1)AWC48
Ravi S. Dhavan, J.1. The issue raised in this writ petition is best summed up in the grounds to the writ petition. The petitioners, Messra Mohd. Habib, Mohd, Ismail and Nijamuddin, from Mathura, all three of them are butchers. They say so in their petition and, add that they belong to the Qureshi community and from their ancestors they have taken to the family profession to slaughter buffaloes and sell the meat within and beyond Mathura.2. They contend that the State and its local administration are putting impediments in their trade and vocation and attempting to regulate it, by curtailing the number of buffaloes to be slaughtered, realising Rs. 5 for each animal put to slaughter and restricting the export of the slaughtered animals outside Mathura.3. The petitioners contend that their vocation and profession is their fundamental right, that is to say, to slaughter buffaloes and make a business from the meat which they sell.4. The Court has considered this matter very carefully and he...
Lal Chand Prasad Vs. Vth Additional District Judge, Agra and Others
Court: Allahabad
Decided on: Aug-01-1997
Reported in: 1998(1)AWC686
D.K. Seth, J. 1. The application for substitution is allowed. The applicants may be substituted as petitioners. The matter is very old after the substitution is allowed the matter is taken up for hearing. By an order dated 10.9.1984, the prescribed authority had dismissed the application for eviction of the predecessor in interest of the petitioner from the public premises on account of unauthorised occupation. The case made out by the State in the said application was that the petitioner was the District Inspector of Schools and was accommodated in the premises which was taken on lease by the State from the owner. The said eviction was rejected on the ground that the premises having taken on lease by the State does not fall within the definition of public premises. The appeal court on an appeal being Misc. Appeal No. 265 of 1984 had held that the prescribed authority had failed to appreciate the definition of public premises and did not consider the materials and evidence on record an...
Hari Om Sharma Vs. Sachiv, Basic Shiksha Parishad, U.P. and Another
Court: Allahabad
Decided on: Aug-01-1997
Reported in: 1998(1)AWC694
Ravi S. Dhavan, J.1. The petitioner is a primary school teacher in village Shahpur Tigri. district Moradabad. The school is run by the Zila Parishad and is governed by the U. P. Basic Education Act. 1972 and the Rules of 1973.2. The fact that the petitioner had been selected as an Assistant Teacher in a primary school, commonly known in the village as a primary school teacher, is not an issue and is acknowledged by the respondents in an affidavit filed by the Additional Inspector of Schools. Moradabad. The respondents also accept that the petitioner was validly selected and given an assignment as an Assistant Teacher at the Primary School.3. After the petitioner had worked for some time, he received a termination order from the Basic Shiksha Adhikari dated 24 August. 1994. By this termination order, the petitioner has plainly and simply been told that his services are no longer required, as the nature of his service was temporary. The petitioner filed an appeal against this order. The ...
Nawab Nadir Shah and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-01-1997
Reported in: 1998(2)AWC860
R.H.Zaidi, J. 1. Both these petitions arise out of the proceedings under U. P. Imposition of Ceiling on Land Holdings. Act, 1960 (for short 'the Act') and are directed against common judgment and order passed by the prescribed authority dated 23.9.80 and the appellate authority dated 17.8.81 petitioners pray for quashing of the said orders.2. Both these petitions were heard together and they are being disposed of by this common Judgment.3. The relevant facts of the case, as unfolded in the writ petition and ascertained from the other material on the record, are that on the enforcement of the Act, a notice was issued to the petitioner Nawab Nadir Shah Khan under Section 10 (2) of the Act. Total area of the holding was shown as 21.82 hectares and Nawab Nadir Shah Khan was called upon to show as to why the area measuring 14.02 hec. (in terms of the irrigated land) be not declared as surplus land. On receipt of the said notice, Nawab Nadir Shah Khan filed his objection pleading that the la...
Shailendra Kumar Srivastava and Etc. Etc. Vs. Deputy Registrar (Examin ...
Court: Allahabad
Decided on: Aug-01-1997
Reported in: AIR1998All101
ORDERR.H. Zaidi, J. 1. In all these petitions common questions of law and fact are involved. Notices of these petitions were served upon the learned counsel appearing for the respondents and they were required to file counter-affidavits.2. Counter-affidavit has been filed only in Civil Misc. Writ Petition No. 14007 of 1997, Shailendra Kumar Srivastava v. Deputy Registrar (Examinations) University of Allahabad and others. In other petitions learned counsel for theUniversity does not propose to file the counter-affidavits as the questions raised by the learned counsel for the petitioners are all questions of law and can be decided without counter-affidavits. Therefore, after hearing the learned counsel for the parties, and as desired by them, these petitions are disposed of finally by this common judgment.3. By means of these petitions petitioners who are the students of Allahabad University challenge the validity of the orders passed by the respondents, in some cases cancelling the resu...
Sir Shadilal Enterprises Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Aug-01-1997
Reported in: (1999)154CTR(All)204; [1998]234ITR592(All)
S.L. Saraf, J.1. This is a writ petition challenging the order of the Commissioner of Income-tax under Section 264 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. The facts of the case in a nutshell are as follows : The petitioner under the orders passed by this court in Civil Miscellaneous Writ Petition No. 70 of 1971 deposited a sum of Rs. 11,49,946 with the District Magistrate, Muzaffarnagar, being the difference of the cane price. The said deposit was made during the assessment year 1972-73. Since the petitioner succeeded in the writ petition it got back the entire money for Rs. 11,49,964 during the assessment year 1975-76. As the assessment for the year 1972-73 was still pending, the entire amount was shown as profit for the said year and a prayer was made that the entire payment of interest under Section 215 on the said amount may be waived or not levied at all. In the facts of this case, the petitioner was also entitled to show the said amount as income for...
Jai Ram Singh Vs. President Banda Central Consumer Co-operative Stores ...
Court: Allahabad
Decided on: Aug-01-1997
Reported in: (1997)3UPLBEC1852
S.K. Phaujdar J.1. The above two matters were heard together at length on the point o admission and all the points in controversy having been agitated and argued, the matters are being finally disposed by this judgment.2. Jai Ram Singh, the petitioner in both the said petitioners, had been working as store keeper in Banda Central Consumer Co-operative Stores Ltd. which is said to be a Central Co-operative, and, according to the petitioner, his service conditions are governed by the provisions of the U.P. Co-operative Societies Employees' Service Regulations, 1975. The employers in further lines of this judgment would be described as the 'consumer stores' and the Regulations relied upon by the petitioner would be referred in short as the 'Regulations of 1975'. The respondents had taken an objection in these petitions that the law applicable to the service conditions of the petitioner are those contained in the set of Rules framed in 1979 and the same would be described as the 'Rules of ...
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