Allahabad Court September 1997 Judgments
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Suraj Bhan JaIn and Another Vs. Ist Additional District Judge, Agra an ...
Court: Allahabad
Decided on: Sep-04-1997
Reported in: 1998(1)AWC266
J.C. Gupta, J.1. This writ petition has been filed for the quashing of the order dated 23.4.1997 passed by respondent No. 1 whereby petitioner's application for bringing additional evidence on record of revision filed under Section 18 of U. P. Act No. 13 of 1972. hereinafter called as the Act, has been rejected.2. The facts relevant in brief are that one Jitendra Prasad Jain initiated proceedings before the Rent Control and Eviction Officer by moving an application for the release of the accommodation in question, which is a residential building, stating therein that tenant-petitioner No. 1 has ceased to occupy the tenanted accommodation as he has taken up a permanent residence in Delhi and has allowed the premises to be occupied by petitioner No. 2. who is not a member of his family. The proceedings were contested by the petitioners. By the order dated 13.3.1987 respondent No. 2 declared the accommodation in question as vacant by holding that there was a deemed vacancy under Section 1...
Prithvipat Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-04-1997
Reported in: 1998(1)AWC471
R.R.K. Trivedi and M. Katju, JJ.1. Notices to respondents were directed to be issued by order dated 6.3.1987. However, as per office report dated 2.9.1987, petitioner failed to take steps for service on respondent Nos. 5 to 7. Learned counsel for the petitioner submitted that he may be granted time to take steps for service on respondent Nos. 5 to 7 and the steps could not be taken inadvertently as the fact was not brought to his notice. We have considered the submission of the learned counsel for the petitioner. This petition is pending since 1987. In the meantime, the legal position on which basis the objection of the petitioner was rejected by the Commissioner has changed in view of the judgment of the Full Bench of this Court in 1990 RD 291. The objection of the petitioner was rejected by the Commissioner as time-barred only on the technical ground that Section 5 of the Limitation Act is not applicable. The objection of the petitioner under Rule 285-I and Section 5 application has ...
Pardeshi Vs. Non-conventional Energy Development Agency, U.P., Lucknow ...
Court: Allahabad
Decided on: Sep-04-1997
Reported in: 1998(1)AWC462; (1997)3UPLBEC1898
O.P. Garg, J. 1. By means of the present writ petition, under Article 226 of the Constitution of India, it is prayed that the order dated 17.6.1995 (Annexure 6 to the writ petition) as well as the final seniority list published on the same day by respondent No. 2, be quashed and the respondents be commanded to redetermine the seniority of the petitioner in service.2. Counter and rejoinder-affidavits have been filed. Heard Sri Arun Tandon, learned counsel for the petitioner and Sri V. B. Misra, learned counsel for the respondents, at considerable length.3. Initially the petitioner was appointed on contractual basis as Junior Engineer in Non-Conventional Energy Development Agency, Uttar Pradesh, Lucknow (for short the N.E.D.A.) and was posted in Solar Cold Storage at Baisali, Deoria in the year 1988 for a fixed period of three and a half years. The period of contractual appointment was extended by two more months. Subsequently. 79 posts of Junior Engineers were sanctioned on 30.10.1991. ...
G.C. Mehrotra Vs. Deputy Collector (Collections) Sales Tax and anr.
Court: Allahabad
Decided on: Sep-04-1997
Reported in: [1998]93CompCas617(All)
1. Heard counsel for the parties.2. The facts are that the petitioner was one of the directors in Allahabad Electronics (P.) Ltd.--a company incorporated under the Companies Act, 1956, engaged in the manufacture and sale of power and distribution of transformers. For the recovery of the dues outstanding against the company, the respondents proceeded against the personal assets of thepetitioner. The contention of the petitioner is that the company is a separate legal entity and, therefore, no tax and other dues outstanding against the company can be realised from the personal assets of the petitioner. So far as this proposition is concerned, that cannot be disputed in law. In para. 15 of the counter-affidavit, the respondents simply averred that the petitioner is personally liable to pay arrears of sales tax outstanding against the company, because he happens to be one of the directors in the company, No law in support of such contention is shown by standing counsel. Rather, the settled...
Bhagwat Prasad Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Sep-04-1997
Reported in: [1998]232ITR480(All); [1998]97TAXMAN294(All)
R.K. Gulati, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has made this reference to this court under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act').2. The brief facts are these :3. The assessee is a Hindu undivided family and the dispute pertains to the assessment year 1975-76. As a result of a search and seizure under Section 132 of the Act at the business and residential premises of the assessee, it was detected that the assessee was doing pawning business for the past several years. Pursuant to the search and seizure, the concealed income was summarily determined at Rs. 10,45,565 under Section 132(5) of the Act. The income-tax returns for the assessment years 1967-68 to 1975-76 were filed after the date of search and certain income was also disclosed under the voluntary disclosure scheme. For the assessment year in dispute, initially an income of Rs. 19,000 was returned from pawning which was revised at Rs. 2...
Dharam Pal Singh Vs. Principal Government Nursary Training College (Wo ...
Court: Allahabad
Decided on: Sep-04-1997
Reported in: (1997)3UPLBEC1995
D.K. Seth, J.1. Mr. P.K. Singh, learned counsel for the petitioner has challenged the order dated 16-7-1997 contained in Annexure-7 to the writ petition, by which the petitioner's services have been terminated. According to him, the order impugned could not have been passed without notice to the petitioner or notice pay in lieu thereof. The learned counsel further contends that the impugned order has been issued without application of mind by reason of the order dated 11-7-1997 which is Annexure-6 to the writ petition. Next contention raised by the learned counsel is that the services of the petitioner have been terminated on account of transfer of respondent no. 3, who happens to be a Sewika. According to him, Sewika cannot be posted as Mali, a post held by the petitioner. The petitioner was employed as Mali against permanent vacancy, therefore, his services cannot be terminated in the manner it has been done.2. On the other hand, learned Standing Counsel, contends that from the mater...
Pratap NaraIn (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Sep-04-1997
Reported in: 1998CriLJ1981
N.S. Gupta, J.1. Accused appellant before this Court is Pratap Narain who was convicted under Section 376 I.P.C. and was sentenced to undergo R.I. for a period of seven years by Sri N. K. Maheshwari the then Sessions Judge, Fatchpur, vide his judgment and order dated 16-7-80. It appears that along with accused appellant Pratap Narain, Abbas Sadiq and Smt. Chunki were also put on trial, whereas Smt. Chunki was acquitted by the trial Court itself, but Abbas, Sadiq and Pratap Narain were convicted for seven years R. I. Under Section 376 I.P.C. Sadiq and Abbas were further convicted under Section 366 I.P.C. and were sentenced to give years R.I. each, Abbas and Sadiq preferred separate appeal against their conviction and sentence. According to the information conveyed to this Court by the learned counsel for the parties, appeal of Abbas and Sadiq has already been decided on the pica of bargain. That apart the present appeal was preferred before this Court only by accused appellant Pratap Na...
Amit Kumar Pandey Vs. District Inspector of Schools, Ghazipur and Othe ...
Court: Allahabad
Decided on: Sep-03-1997
Reported in: 1998(1)AWC221
O. P. Garg, J.1. By means of this writ petition, it is prayed that the order dated 1.3.1994, which is contained in Annexure 5 to the writ petition, passed by District Inspector of Schools (for short 'D.I.O.S.') Ghazipur--respondent No. 1 be quashed and the respondent No. 1 be commanded to release salary of the petitioner w.e.f. 31.12.1993 onwards.2. Counter and rejoinder-affidavits have been filed. Dr. R. G. Padia, learned counsel for the petitioner, as well as, learned standing counsel for the respondent No. 1 were heard at a considerable length.3. There is an institution Navli Inter College, Navli, district Ghazipur, which is duly recognised Intermediate College and is on the grants-in-aid list of the State Government. One Salig Ram Gupta who was working as permanent Lecturer in English retired on 30.6.1992 and in his place one Shiv Murat Singh was promoted from the post of Assistant Teacher in L.T. grade to the post of Lecturer in English. The appointment of Shiv Murat Singh was app...
Raghvendra Babu Mishra Vs. District Inspector of Schools, Etah and Oth ...
Court: Allahabad
Decided on: Sep-03-1997
Reported in: 1998(1)AWC248
O.P. Garg, J. 1. Counter and rejoinder-affidavits have been filed. Heard Sri V. S. Dwivedi, learned counsel for the petitioner and the learned standing counsel on behalf of the respondent No. 1.2. In the short-term leave vacancy, which had arisen on account of proceeding on leave by one Sri Ramanand Misra, who was a Lecturer in Physics in Gandhi Vidya Mandir inter College, Fatehpur (Etah), the petitioner Raghuvendra Babu Misra was appointed on 15.7.1989 under the provisions of U. P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981. The appointment of the petitioner was duly approved by the District Inspector of Schools (for short 'D.I.O.S.') on 16.9.1989. The petitioner was paid the salary and he continued to work. On 17.1.94, the petitioner received a letter from the Manager of the institution stating therein that the leave of Sri Ramanand Misra was going to be over on 31.1.1994, and, therefore, the petitioner shall be relieved from the post in ca...
Ram Dular Tripathi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-03-1997
Reported in: 1998(1)AWC282
R. A. Sharma, J. 1. Normally this Court does not interfere with the order of suspension of Government servant but for the reasons given hereinafter, the instant case warrants Interference with such an order suspending the petitioner.2. On 21.5.1997 and 22.5.1997 the Vice-President of India had a programme at Varanasi. According to the scheduled programme, the Governor and the Chief Minister of Uttar Pradesh were to receive the Vice-President at Babatpur airport on 21.5.1997. The petitioner who is Deputy Superintendent of Police, Varanasi, was entrusted with the duty to lead the fleet of the Chief Minister from the airport to the Circuit House, Varanasi in which arrangements for stay of the Vice-President and the Chief Minister were made. As per programme, the Vice-President was to stay in the Governor's suite and the Chief Minister was to stay in another suite in the Circuit House. On 21.5.1997 on his arrival at Babatpur airport, the Vice-President was received by the Governor and the ...
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