Allahabad Court September 1997 Judgments
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Onkar Nath Tewari Vs. Chief Engineer, Minor Irrigation Deptt. and ors.
Court: Allahabad
Decided on: Sep-11-1997
Reported in: (1998)ILLJ819All
D.K. Seth, J.1. The petitioner alleges that he is the President of a recognised Union, namely U.P. Laghu Sinchai Awar Abhiyanta Sangh'. Relying on the transfer policy dated April 15, 1997, contained in Para-11 thereof, the learned counsel for the petitioner contends that by reason of the guideline, the petitioner being District level President of the recognised Union, he can not be transferred within two years from the date of his election as President. Therefore, the order of transfer which is Annexure 'I' to the writ petition, dated June 17, 1997, cannot be given effect to, so far as the petitioner is concerned. 2. Learned Standing Counsel on the other hand contends that the said policy being guideline has no binding force and therefore he cannot raise any legal right. He also relied on certain decisions. 3. In para 6 of the writ petition it has been stated that the petitioner is District President of a recognised union. The petitioner has annexed a resolution, by which he was so ele...
Ram Sundar Yadav and anr. Vs. the Regional Sports Officer, Sports Stad ...
Court: Allahabad
Decided on: Sep-11-1997
Reported in: (1997)3UPLBEC1905
D.K. Seth, J.1. The petitioners allege that they have been working as daily wager in the Sports Stadium, Meerut for about 7-8 years namely from 1982. Therefore, they claim that on account of their continuous work they should be given regular appointment.2. Learned counsel for the petitioner Shri Ajai Bhanot Shri S. D. Kautilya contends that in similar circumstances this court had directed regularisation of service in same organisation at other region.3. Learned Additional Chief Standing Counsel on the other hand contends that the petitioners have acquired any legal right for being absorbed. According to him, the petitioners are only daily wagers therefore they can not claim any right in their favour.4. From the pleading of the writ petition it appears that the petitioners were working from time to time which is certified by a certificate dated 29-4-1983 being Annexure-1 to the writ petition. By another certificate dated 9-3-1990, Deputy Director Meerut had certified that the petitioner...
Ramji Tiwari and ors. Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Sep-11-1997
Reported in: (1997)3UPLBEC1662
M. Katju, J.1. This writ petition had been allowed by my judgment dated 6-3-1997. However, I had also directed in my judgment that the petition should be listed again before me on 11-9-1997 for monitoring the result of the general mandamus issued in the said judgment. Today Sri J. J. Munir and Sri J.A. Azmi, learned counsels for petitioners, Sri V. N. Agarwal, learned Standing Counsel and Sri Iftikhar Nazim, Deputy Secretary, Government of U.P. appeared befere me and I have heard them and discussed the matter.2. One of the basic requirements for complying with the mandamus in the judgment dated 6-3-1997 See (1997)1 UPLBEC 690, will be the need of huge funds so as to finance primary education in this State. In this connection I may mention that in all Western Countries education up to High School is almost free and it is financed by taxation (usually by a tax on real estate). In my opinion in order to implement the judgment of the Hon'ble Supreme Court in Unni Krishnan's case AIR 1993 S...
Hasmat Ali Vs. Labour Court
Court: Allahabad
Decided on: Sep-11-1997
Reported in: (1997)3UPLBEC2192
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner workman challenges an award dated 10-8-1994 made by the Labour Court-I, U. P., Ghaziabad in Adjudication Case No, 431 of 1993 whereby it held the termination of his services to be invalid being in violation of Section 16-N of the Industrial Disputes Act and ordered his reinstatement but without back wages. The Labour Court has directed that for the period the workman remained absent from duty he be treated to be on leave for the period leave is due to him and for the rest he be treated as on leave without pay. It is this part of the award that is challenged by the workman in this petition.2. I have heard Sri K. P. Agarwal, Senior Advocate, counsel for the petitioner on admission.3. The employer respondent is M/s. Indian Drugs & Pharmaceuticals Ltd., Rishikesh, a Government of India undertaking. The petitioner Hashmat Ali was employed as a foreman. He was granted leave for the period 20-5-...
Ram Sharan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-11-1997
Reported in: (1998)1UPLBEC738
D.K. Seth, J.1. The petitioner was successful in the examination conducted for selection to the post of Excise Inspector and was also called on for interview, but ultimately the appointment was refused to him on the ground that he was not physically fit.2. Mr. N.D. Kesari, learned Counsel for the petitioner, contends that physical unfitness will not stand in the way of petitioner's discharging his duties in the post of Excise Inspector. According to the learned Counsel, the defect is not a defect which could affect efficient performance of duties by the petitioner, therefore, the petitioner should have been given appointment on the said post.3. Mr. Kesari secondly contends that the petitioner is also eligible for such appointment by reason of Government Order dated 18.7.1972 intending to create 2% reservation in all services under the Government for physically handicapped persons. By a Government Order dated 20th May, 1978 the Government of Uttar Pradesh while affirming the reservation...
Commissioner of Income-tax Vs. Narang Ram Chiranji Lal
Court: Allahabad
Decided on: Sep-10-1997
Reported in: (1999)157CTR(All)389; [1999]235ITR11(All)
1. This court directed the Income-tax Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961 (briefly, 'the Act'), to draw up a statement of the case and refer the following question relating to the assessment year 1971-72 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the payments of Rs. 1,26,583 made by the assessee for purchases of raw materials for its business were allowable as a deduction from the assessee's income and could not be disallowed under Section 40A(3) of the Income-tax Act, 1961 ?'2. The assessee-firm--engaged in the business of manufacture and sale of brass utensils--made certain purchases of raw materials for its business through a commission agent, Matha Prasad Kedar Nath, Mirzapur, for an amount aggregating to Rs. 1,26,583. The Assessing Officer refused to allow the deduction of such purchases on the ground that they were made in a sum exc...
Commissioner of Income-tax Vs. Talwar Khuller (P.) Ltd.
Court: Allahabad
Decided on: Sep-10-1997
Reported in: (1998)149CTR(All)117; [1999]235ITR70(All)
1. At the instance of the Revenue, the Income-tax Appellate Tribunal referred the following question relating to the assessment year 1976-77 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was an industrial company engaged in the manufacture and processing of brassware articles and was entitled to the benefits claimed by it in the matter of taxation ?'2. The question for consideration before the Appellate Tribunal was whether the assessee, a private limited company, is an 'industrial company' as defined by Section 8, Clause (c), of the Finance Act, 1975.3. The facts, as found by the Appellate Tribunal, are that the assessee-company got manufactured various articles of brassware from artisans under its supervision and control. The assessee gave the pattern and design of the articles to be manufactured by the artisans and advanced money to them for purchasing the raw material, for examp...
Commissioner of Income-tax Vs. Jethanand Bhatia
Court: Allahabad
Decided on: Sep-10-1997
Reported in: (1998)149CTR(All)513; [1998]234ITR843(All)
1. At the instance of the Revenue, the Income-tax Appellate Tribunal referred the following question relating to the assessment year 1976-77 for the opinion of this court :'Whether, on the facts and in the circumstances of the case and on the proper interpretation of Clauses 9 and 10 of the instrument of partnership, the Appellate Tribunal was justified in law in holding that the assessee-firm was entitled to registration and in directing the Income-tax Officer to register the assessee-firm ?'2. The assessee-firm was constituted under a partnership deed dated August 1, 1964, by Sri Jethanand Bhatia, Shri Om Prakash Bhatia, Smt. Viran Bai and Shri N.P. Bhatia. The assessee-firm was granted registration uninterruptedly for the assessment years 1966-67 to 1975-76.3. During the accounting period, relevant to the assessment year 1976-77, one of the partners, namely, Sri N.P. Bhatia, took up a contract from the M. E. S. and declared income from that contract in his own return. Clauses 9 and ...
Krishna Autar Gupta Vs. Punjab National Bank and anr.
Court: Allahabad
Decided on: Sep-10-1997
Reported in: (1998)1UPLBEC728
Aloke Chakrabarti, J.1. The petitioner was appointed Agent under the Mini Deposit Scheme of the respondent Bank of inducing public to participate to the said scheme, collecting deposit from customers from their residence or place of business and deposit the amount with the Bank. The contract was terminated by the order dated 18.8.1990 at Annexure-3 to the writ petition and this has been challenged herein.2. Mr. P.N. Saxena, learned Counsel for the petitioner first contended that as the petitioner was serving the respondent's cause against Commission the relationship amounted to master and servant and, therefore, such termination amounting to retrenchment is illegal. Mr. K.L. Grover, learned Counsel for the Bank contended that the relationship was of principal and agent and there was a contract of agency and as such there is not question of retrenchment.3. After considering the respective contentions of the parties, I perused the terms of the contract which appear from various documents...
State of U.P. Vs. Chhotey Lal and ors.
Court: Allahabad
Decided on: Sep-10-1997
Reported in: 1998CriLJ1075
1. This appeal arises out of judgment and order dated 16-8-76 passed by the then Addl. Sessions Judge, Gyanpur, Distt. Varanasi in S.T. No. 33-A of 74, State v. Luttur and three Ors. acquitting the accused Chottey Lal, Dudhai and Sampat on the charges Under Section 302/34, IPC levelled against them.2. The State has felt aggrieved and filed this appeal.3. The facts, in brief, are that P.W. 1 Chunnu lodged the F.I.R. at police station Bhadohi on 11 -6-73 at about midnight. The time of occurrence is alleged to be 11-6-73 at about 6.30 p.m. The distance of the police station from the place of occurrence, is 3 miles. The accused arrayed are, Luttur, Chhotey Lal and Dudhai and Sampat. It has been alleged that on 11-6-73 at about 6 p.m., accused Luttur, Chhotey Lal, Dudhai and Sampat came to the house of the complainant and challenged the son of the complainant Panna Lal and started assaulting him. Thereafter, they pushed him towards the well, which was still incomplete, but quite deep, about...
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