Allahabad Court September 1997 Judgments
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Yashpal Singh Mehra Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: (1998)1UPLBEC708
Aloke Chakrabarti, J.1. The order dated 16.4.1981 passed by the respondent No. 3 at Annexure-2 to the writ petition and the order dated 26.4.1989 passed by the respondent No. 2 at Annexure-1 to the writ petition were challenged in this writ petition with a further claim for payment of disability pension to the petitioner.2. Relevant facts involved herein are that the petitioner was recruited a: rifle-man and was posted in Garhwal Rifle on 2nd June, 1971 and continued in military service. The petitioner suffered from T.B. of Knees. Thereafter the petitioner also suffered from bilateral sensory neural deafness and for that reason he was discharged from service on 26.10.1979. The claim of the petitioner for disability pension was rejected by the order dated 16.4.1981. The petitioner preferred an appeal after some time but the delay was condoned and the appeal was considered by the appropriate authority but by order dated 26.4.1989 the appeal was also dismissed. Petitioner came to this Cou...
L.M.L. Limited Vs. Commissioner of Central Excise
Court: Allahabad
Decided on: Sep-25-1997
Reported in: 1999(105)ELT552(All)
ORDER1. We have heard learned Counsel for the parties.2. The only relief sought by the petitioner is that a writ, order or direction be issued to the Assistant Commissioner, Central Excise, Division-II, Kanpur to finalise the adjudication proceedings in pursuance of the order dated 21-5-1996 passed by the Commissioner (Appeals) Central Excise, Allahabad. It appears that the Commissioner (Appeals) had set aside the earlier order passed by the Assistant Commissioner, Central Excise, Respondent No. 2 with the following directions :'Without prejudice to the merit of the case, the order appealed against the set aside for non-observance of the principles of natural justice by not issuing a show cause notice and personal hearing required to be given. The case is remanded the Assistant Commissioner, Central Excise, Div. II, Kanpur for de novo adjudication by proper officer after following the established procedure.' In paragraph - 22 of the counter affidavit, it has been averred inter alia tha...
Avadhesh Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: 1998CriLJ4175
1. Both these appeals arise out of judgment and order dated 24-2-1981 passed by the then VIIIth Addl. Sessions Judge, Kanpur (non-metropolitan area) in S.T. No. 567 of 1978, State v. Awadhesh Kumar. The learned trial Court has held both the accused guilty Under Section 302/34, IPC and sentenced them to undergo life imprisonment. They have further been sentenced to undergo 3 years R.I. on the charge Under Section 324/34, IPC. Both the sentences have been ordered to run concurrently.2. The prosecution case started on the basis of a FIR lodged by Sri Mathura Prasad, P.W. 1 at the police station Shivli on 28-8-78 at 5 a.m. The date of the occurrence is 26-8-1978 around sun set. The distance, of the police station from the place of occurrence is 13 miles. He has alleged that Rajesh Kumar Singh, P.W. 3 is his brother, who is employed in Kanpur Nagar Palika at Kanpur. He was returning home. At about 6 p.m., he reached the culvert in village Pachpr. Accused Awadhesh Kumar and Hari Babu, appell...
Virendra Kumar Rai Vs. State of U.P.
Court: Allahabad
Decided on: Sep-24-1997
Reported in: 1998(1)AWC191
P.K. Jain, J.1. Heard Sri V. S. Singh. learned counsel for the revisionist and the learned A. G- A.2. This revision is being finally disposed of at the admission stage.3. On 4.9.86 Police of Sadar Bazar, Jhansi intercepted Ambassador Car No. MP-06W-0230 from which 25 wooden boxes of English liquor were recovered which were being transported unauthorizedly. A case under Section 60 of the Excise Act was registered .''The present revisionist claiming to be the registered owner of the said vehicle prayed for release of the said vehicle. Application for release was rejected. Simultaneously the District Magistrate. Jhansi on the report of S.O., P.S.. Sadar Bazar, Jhansi initiated proceeding under Section 72 for confiscation of the vehicle. The revisionist on notice being issued to him filed his objection stating that he is owner of the vehicle. He had come to Jhansi from Gwalior to meet his brother-in-law. The vehicle went out of order and was left at the house of the brother-in-law. On 5.9....
Jasmel Singh Vs. Rajendra Prasad Saxena and Others
Court: Allahabad
Decided on: Sep-24-1997
Reported in: 1998(1)AWC319; (1997)3UPLBEC1998
D.C. Srivastava, J. 1. This is defendant's second appeal.2. The plaintiff-respondent Rajendra Prasad Saxena filed a suit for declaration that he is senior to Jasmel Singh, defendant No. 3 as Lecturer in Chemistry and is entitled to selection grade in Mahatma Gandhi Memorial Inter College, Baheri, district Bareilly prior to that of defendant No. 3 and the defendants No. 1, 2 and 4 be restrained from giving selection grade to the defendant No. 3 prior to 16.9.1983.3. In short the material allegations in the plaint are that the plaintiff-respondent was appointed on 28.7.1965 as Lecturer in Chemistry in Mahatma Gandhi Memorial Inter College, Baheri, district Bareilly. He proceeded to complete his post-graduate diploma in Chemistry at the cost of the defendant No. 2 and was granted duty leave for the aforesaid course. After completing the diploma course, the plaintiff-respondent was appointed as Lecturer in Chemistry on 1.7.1967. The defendant No. 3 namely the appellant--Jasmel Singh was ap...
Commissioner of Income-tax Vs. Gupta Jewellers
Court: Allahabad
Decided on: Sep-24-1997
Reported in: (1999)157CTR(All)412; [1999]235ITR336(All)
1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax, Lucknow. The Income-tax Appellate Tribunal has referred the following two questions for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that where there was a change in the constitution of a firm, two assessments have to be made, one for the period prior to the change in the constitution of the firm and another for the period after the change in the constitution of the firm ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the direction of the Appellate Assistant Commissioner that in respect of the period October 5, 1973, to September 11, 1974, covered by the first return, the claim for continuation of registration as claimed by the declaration filed along with the return, should be allowed as per law ?' In the...
Ayodhya Sahai Vs. District Judge and ors.
Court: Allahabad
Decided on: Sep-24-1997
Reported in: (1997)3UPLBEC1677
M. Katju, J.1. This writ petition has been filed for a mandamus direct-ting the Court concerned to decide the suit No. 652 of 1984 Ayodhya Sahai v. Lalji Sahai and Ors., expeditiously.2. We have heard learned counsel for the petitioner and learned Standing Counsel.3. The facts of this case disclose a shocking state of affairs. The aforesaid suit was filed as far back as in 1984 for an injunction against the defendants to restrain them from interfering with the possession of the petitioner over the property in dispute and for an injunction not to demolish the Hata or make any construction ever the said land. As stated in the petition, the suit' was registered on 13-9-1984 in the trial court, and on 21-2 1985 the Court issue summons to the defendants fixing 23-5-1985 for filing written statement and 30-5-1985 for framing issues Services on the defendants was effected and they put in appearance on 30-9-1986 and took two months time to file a written statement. 17-12-1986 was fixed for wri...
Dharmendra Kumar Saxena Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-1997
Reported in: (1997)3UPLBEC1929
D.K. Seth, J.1. The petitioner was suspended in contemplation of an inquiry by an order dated 18tn May 1973. A dispute was raised before the Labour Court as to the validity of the said order. The Tribunal had held against the delinquent. The Labour Court by Award dated 29 11-1977 had held that the suspension of the petitioner was justified and legal and therefore he was not entitled to any relief, A writ petition, being Civil Misc. Writ Petition No. 5287 of 1978, was preferred by the petitioner. By an order dated 10 7-1979 the said writ petition was allowed and the Award of the Labour Court dated 29-11-1977 was quashed, The Labour Court was directed to adjudicate the dispute. Therefore, while allowing the employer to adduce fresh evidence to substantiate the order of suspension, the said case was registered as Adjudication case No. 429 of 1974, which was reheard and decided again by an order dated 6th December 1979, contained in Annexure-I' to the writ petition. The Labour Court had he...
Lalta Prasad Tripathi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-1997
Reported in: (1998)2UPLBEC1467
O.P. Garg, J.1. By means of the present writ petition under Article 226 of . the Constitution, the petitioner has prayed that the respondents be directed to release payment of pension in favour of the petitioner and to pay him the amount of General Provident Fund (for short 'GPF') for which he is entitled in accordance with law along with arrears on that account with interest at the rate of 18% per annum.2. In spite of the fact that sufficient time was allowed to the respondent No. 3 District Inspector of Schools (for short 'DIOS'). Varanasi, no counter affidavit has been filed. Heard Sri G.K. Singh, learned Counsel for the petitioner at some length, as well as the learned Standing Counsel.3. The petitioner Lalta Prasad Tripathi retired from the post of Principal, Maharshi Shivbrat Lal Inter College Radhaswami Dham, Varanasi on 30.6.1991. Consequent upon his retirement, he was entitled to the pensionary benefits and the amount deposited towards the GPF. After completing the necessary f...
D.K. Saxena Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-1997
Reported in: (1998)2UPLBEC809
D.K. Seth, J.1. The petitioner was suspended in contemplation of an inquiry by an order dated 16th May, 1973. A dispute was raised before the Labour Court as to the validity of the said order. The Tribunal had held against the delinquent. The Labour Court by Award dated 29.11.1997 had held that the suspension of the petitioner was justified and legal and therefore, he was not entitled to any relief. A writ petition, being civil misc. writ petition No. 5287 of 1978, was preferred by the petitioner. By an order dated 10.7.1979 the said writ petition was allowed and the Award of the Labour Court dated 29.11.1977 was quashed. The Labour Court was directed to adjudicated the dispute after allowing the employer to adduce fresh evidence to substantiate the order of suspension. The said case was registered as Adjudication case No. 428 of 1974, which was reheard and decided again by an order dated 6th December, 1979, contained in Annexure-1 to the writ petition. The Labour Court had held that t...
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