Allahabad Court September 1997 Judgments
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Km. Rita Roy Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-12-1997
Reported in: 1998(2)AWC864
D.K. Seth, J. 1. The petitioner claims appointment under Dying-in-Harness Rules. The respondents by an order dated 11.1.1996 informed the petitioner that she is not qualified for being appointed on the post of clerk, on the other hand she was offered class IV post. The said order has been challenged by means of this writ petition.2. Mr. R. D. Agarwal, learned counsel for the petitioner contends that for the post of clerk no height is prescribed. Therefore, the petitioner cannot be compelled to accept class IV post. Relying on Para No. 6 of the counter-affidavit. he contends that the petitioner's case for exemption in respect of her height has also referred to the State Government but the same has not yet been decided. Therefore, according to him, the petitioner should have given appointment in the post of clerk.3. Learned standing counsel, on the other hand, contends that since for the post of clerk, specific physical qualification for woman have been provided, she cannot be given appo...
Krishan Gopal Saxena Vs. the Uper Sachiv Madhiyamik Shiksha Parishad U ...
Court: Allahabad
Decided on: Sep-12-1997
Reported in: (1997)3UPLBEC1970
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner, who is a student, seeks a writ of mandamus directing the respondent No. 1 to declare the result of the High School Examination 1990 in which the petitioner appeared as a private candidate with Roil No. 1092342.2. A counter affidavit has been filed on behalf of respondent No. 1. Respondent No. 2, Principal of the examination centre has not appeared and no counter affidavit has been filed.3. I have heard Sri R. C. Singh, learned counsel for the petitioner, and Sri J. N. Verma, learned Standing Counsel for respondent No. 1.4. The petitioner appeared in the High School Examination conducted by the Board of High School and Intermediate Education, U. P. as a private candidate with Roll No. 1092342 in the year 1992 from Janta Inter College, Khergarh, Agra. His result was withheld and has not been declared inspite of repeated representations. That is why, the petitioner filed this writ petition ...
Raj Kumar and ors. Vs. Food Corporation of India, Through Its Chairman ...
Court: Allahabad
Decided on: Sep-12-1997
Reported in: (1997)3UPLBEC2051
Aloke Chakrabarti, J.1. The petitioners, who were registered in the respective employment exchanges, were sponsored for being considered for the post of Assistant Grade-Ill under the respondent. The petitioners appeared in the written examination and having qualified, were called for interview. After participation in the interview the petitioners came to know that all Shed Tallymen, who were taken over from the Food Department, had been prompted to the Assistant Grade although they did not appear either in the written tes tor in the interview. When the result of the petitioners 'interview was not being announced, they moved representation on 19-2-1987 followed by a second representation on 6-3-1987 for declaration of result. As no redress was made available to the petitioners they moved the present writ petition for commanding the respondents to declare the result of the examination held for the selection of the candidates for the posts of Assistant Grade-Ill and for a direction to fil...
Om Prakash Singh Vs. the Director, Rajya Krishi Utpadan Mandi Parishad ...
Court: Allahabad
Decided on: Sep-12-1997
Reported in: (1997)3UPLBEC1894
R.A. Sharma, J.1. The petitioner has filed this petition challenging the order dated July, 1, 1997 promoting certain persons to the post of Secretary Mandi Samiti Grade-II.2. Against such an order the petitioner has an adequate and afficacious alternative remedy before the U. P. Public Service Tribunal. This writ petition is liable to be dismissed on the ground of alternative remedy.3. Learned counsel for the petitioner has, however, submitted that the remedy before the Service Tribunal is not adequate and efficacious remedy. In this support he has placed reliance on a Division Bench of this Court in Sada Nand Tripathi v. State of U.P. and Ors. (1995) 2 UPLBEC 827. It is not possible to agree with the learned counsel for the petitioner. The Division Bench in the case of Sada Nand Tripathi v. State of U.P. and Ors. (Supra) has not laid down that the remedy before the Service Tribunal is not adequate and efficacious remedy. In paragraph 32 of the said judgment, the Bench has interfered w...
Chitranjan Singh Vs. Chandra Bhushan Pandey
Court: Allahabad
Decided on: Sep-12-1997
Reported in: 1998CriLJ1270
ORDER1. On 12th July, 1996 the Northern India Patrika, Allahahad, a daily Newspaper published the following news :--The controversy over the transfer of legal advisor to the Governor, Mr. Chandra Bhushan Pandey took a new turn when the member of the higher judicial service levelled allegations against the Allahabad High Court and the Chief Justice of India Mr. A.M. Ahmadi. It may be recalled that a nine member administrative committee of High Court Judges had recently passed a resolution to transfer Mr. Pandey to Gorakhpur.Mr. Pandey is the Working President of All India Judges Association.In a signed statement Mr. Pandey alleged that the H.C. Committee recommended his transfer in order to oblige the Chief Justice of India who wanted his men to be posted as Legal Advisor. 'The committee sent the name of only Mr. V.K. Dixit, Additional District Judge of Barabanki, whereas on earlier occasion of panel of five names used to be sent. The committee sent the name of only Mr. V.K. Dixit, Addi...
Maya Prakash Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-12-1997
Reported in: 1998CriLJ2876
ORDERAmarbir Singh Gill, J.1. This revision petition is against an order dated 24th April, 1984, passed by 5th Additional Sessions Judge, Hardoi in Criminal Appeal No. 18 of 1983, dismissing the appeal and maintaining the conviction and sentence of the petitioner under Sections 7/16 of Prevention of Food Adulteration Act, 1954 for rigorous imprisonment of six months and fine of Rupees 1000/- and in default of payment of fine further rigorous imprisonment of one month. Petitioner was prosecuted on the allegations that on 19th June, 1980 Food Inspector C. P. Dwivedi after disclosing his identity to the petitioner, purchased Vanaspati Ghee of Suhagin Brand, out of which he took a sample of the Ghee in accordance with the procedure and on receipt of report of Chemical Examiner, which confirmed that the sample of Ghee was deficient in the prescribed limit of vitamin-A, he filed complaint against the petitioner. The petitioner was convicted and sentenced as aforesaid by the Judicial Magistra...
Smt. Sarla Srivastava Vs. District Inspector of School, Allahabad and ...
Court: Allahabad
Decided on: Sep-11-1997
Reported in: 1998(1)AWC250
O.P. Garg, J,1. By means of this writ petition under Article 226 of the Constitution, the petitioner is seeking the relief that the respondent No. 1, the District Inspector of Schools (for short 'D.I.O.S.') be directed to grant approval for the payment of salary of the petitioner as Assistant Teacher working in Primary Section under the U. P. High School and intermediate (Payment of Salaries) Act, 1971 (hereinafter referred to as the Act of 1971).2. Counter and rejoinder-affidavits have been filed. Learned counsel for the petitioner as well as learned standing counsel have been heard at sufficient length 3. The petitioner was admittedly appointed as Assistant Teacher in Primary Section of Lal Bahadur Sastri Takniki Inter College, Manda. District Allahabad on 6.8.1970 which was duly recognised and was paid the salary by the management. The primary section of the College was also put under the Payment of Salaries Act by the State Government vide G.O. No. 3048-15-8-89-354/87, dated 6.7,19...
Raj Kumar and Others Vs. State of U.P.
Court: Allahabad
Decided on: Sep-11-1997
Reported in: 1998(2)AWC854
P.K. Jain, J. 1. Heard Sri K. K. Srivastava. learned counsel for the revisionists and the learned A.G.A.This revision is being finally disposed of at the admission stage.2. Revisionists Raj Kuinar, Pramod, Chhotu alias Pratap and AJay alias Rohit are facing trial in S. T. No. 674 of 1994 for offences under Sections 147/148/149 and 302, I.P.C. The session trial is pending before the Addl. Sessions Judge, Ghazlabad. On 25.7.97 an application was moved before the learned Addl. Sessions Judge for giving an opportunity to adduce evidence in defence. By a detailed order dated 25.7.97 the learned Addl. Sessions Judge, rejected the said application.It is this order which is being challenged in this revision.3. Before consideration of the arguments advanced by the learned counsel for the revisionists, a brief narration of the facts is necessary. Three of the revisionists, namely, Raj Kumar, Chhotu alias Pratap and Ajay alias Rohit are in jail while Pramod was granted bail by an order dated 3.4....
Smt. Malvika Singh Vs. U.P. Subordinate Services Selection Commission ...
Court: Allahabad
Decided on: Sep-11-1997
Reported in: 1998(2)AWC986
O.P. Garg, J.1. In this writ petition under Article 226 of the Constitution ofIndia, the petitioner has made the following prayers :(a) to issue a writ, order or direction including a writ in the nature of mandamus directing the respondents to conclude the process of selection of Asstt. Mistress in General English in the Women's branch under subordinate Education (Trained Graduates Grade) Service in Government Girls Inter Colleges of the State of U. P. after holding interview on the basis of and taking into consideration the overall academic qualification, preferential qualification, her experiences in service of more than 4 years in Government Girls Inter College and her other preferential qualities and the performance of the petitioner in the interview held by the respondents ; (b) to issue any other suitable writ, order or direction including a writ to which the petitioner is found entitled in the facts and circumstances ofthe case.' 2. Counter and rejoinder-affidavits have been exc...
Geep Industrial Syndicate Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Sep-11-1997
Reported in: [1998]232ITR456(All); [1998]98TAXMAN163(All)
R.K. Gulati, J. 1. At the instance of the assessee the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in holding that the Income-tax Officer was justified in initiating re-assessment proceedings under the provisions of Section 147(a) of the Income-tax Act, 1961 ?' 2. For the assessment year 1965-66 which is the subject-matter of this reference, the assessment was completed on March 22, 1966. Subsequently, the assessee was served with a notice under Section 148 of the Act whereby the assessment was reopened under Section 147(a) of the Act on the allegation that the assessee had failed to disclose fully and truly all relevant facts necessary for its assessment for the year under consideration as a result of which income chargeable to tax had escaped assess...
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