Allahabad Court January 1998 Judgments
Ram Autar Goel Vs. Jagannath Gupta and Another
Court: Allahabad
Decided on: Jan-29-1998
Reported in: 1998(2)AWC828
S.K. Phaujdar, J.1. This revisional application under Section 25 of the Provincial Small Causes Courts Act is directed against the judgment and decree dated 23.4.86 recorded by the Judge of the Court of Small Causes, Kanpur Nagar, in S.C.C. Suit No. 25 of 1985. The matter was once heard by me and was disposed of by my order dated 7.7.97 whereby the revisional application was dismissed.2. The aggrieved revisionist went up in Civil Appeal No. 7329 of 1997 arising out of an S.L.P. (C) No. 18906 of 1997 to the Hon'ble Supreme Court. The leave as prayed for was granted. The matter was heard and it was remanded back to this Court with an observation that the real dispute which survived in the revision was whether decree for possession as passed by the trial court on the ground of denial of title of the landlord by the present revisionist was legally justified or not and the Honlile Supreme Court was further of the view that this question, unfortunately, was not examined by the High Court on ...
Tag this Judgment!Committee of Management, Adarsh Inter College, Ballia and Another Vs. ...
Court: Allahabad
Decided on: Jan-29-1998
Reported in: 1998(2)AWC1536; (1998)2UPLBEC1015
R.H. Zaidi, J.1. By means of this petition, under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order of direction in the nature of certiorari quashing the order dated 1.11.1997 passed by Regional Deputy Director of Education (Secondary), XIVth Region, Azamgarh, holding that the election of office bearers and members of the Committee of Management alleged to have been held on 24.9.1995 was invalid and contrary to the provisions of scheme of administration and further appointing the District Inspector of Schools as Prabandh Sanchalak of Adarsh Intermediate College, Slwan Kala, Slkanderpur, district Ballla (for short 'the College') and directing him to hold the election of the Committee of Management within 2 months.2. The facts of the case as set out in the writ petition. In brief, are that it was on 28.6.1992 that the election of the office bearers and members of the Committee of Management of the institution was held in which petitioner No. 2 Shrl ...
Tag this Judgment!Jindal Photo Films Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-29-1998
Reported in: 1999(105)ELT12(All)
ORDER1. We have heard learned Counsel for the parties.2. Against the order of the Assistant Commissioner, Central Excise, Ghaziabad demanding Central Excise duty of Rs. 38,14,890.00, the petitioner has preferred an appeal to the Commissioner of Central Excise (Appeals), Ghaziabad, respondent No. 3 together an application for stay and waiver under Section 35F of the Central Excise Act, 1944. The appeal as well as application filed by the petitioner is still pending adjudication. The Assistant Commissioner, Central Excise, Division IV, Noida-Ghaziabad by notice dated 19-1-1998 has intimated the petitioner that it has not deposited the aforesaid amount and recovery proceeding cannot be stayed unless to stay order is produced. The petitioner was required to deposit the disputed amount within seven days of the receipt of said letter, falling which action under Rule 230 of Central Excise Rules, 1944 will be initiated against the petitioner to recovery the arrears of excise duty by coercive m...
Tag this Judgment!Purnmasi Yadav Vs. Narbedeshwar Tripathi and Others
Court: Allahabad
Decided on: Jan-27-1998
Reported in: 1998(2)AWC831
S.K. Phaujdar, J.1. This appeal was preferred along with an application for condonation of delay. The parties were heard. The delay was for about nine days as it was in time upto 3.1.1994 and the appeal was presented on 12.1.1994. In view of this insignificant delay, the prayer under Section 5 of the Limitation Act stands allowed. The appeal was also heard on merits including a preliminary objection on behalf of the learned counsel for the respondents.2. The appeal is directed against the first appellate judgment and decree dated 23.9.1993 recorded by the District Judge. Gorakhpur in Civil Appeal No. 49 of 1993, which was preferred by the present appellant. The aforesaid civil appeal was dismissed and the decree of rejection of the plaint by the court below was upheld.3. It appears that the present appellant filed Suit No. 318 of 1993 before the Civil Judge. Gorakhpur, for a declaration and injunction against the present respondent Nos. 1 to 6 in respect of a particular piece of land. ...
Tag this Judgment!Commissioner of Income-tax Vs. Prakash Co.
Court: Allahabad
Decided on: Jan-27-1998
Reported in: [1998]231ITR124(All)
1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following question of law for the opinion of this court under Sub-section (1) of Section 256 of the Income-tax Act, 1961 (for short 'the Act') :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in accepting the assessee's claim for deduction under Section 80G of the Income-tax Act, 1961, in respect of the donation of Rs. 15,000 made to Sri Dwarka Das V. D. Balika Vidyalaya Malsisar ?'2. We have heard learned standing counsel for the Revenue. No one has appeared for the respondent-assessee although the case was taken up after the list was revised.3. In the assessment proceedings relevant to the assessment year 1974-75 which is in dispute, the assessee claimed deduction of Rs. 34,012 from its taxable income under the head 'Charity and donations' which included an amount of Rs. 15,000 paid as a donation to an educational institution, called Shri Dwarka Das Vishnu Dayal ...
Tag this Judgment!Mohd. Malik and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-27-1998
Reported in: (1998)2UPLBEC850
O.P. Garg, J.1. In order to promote Urdu language and to make this language job oriented as well as to relate it with economics aspects of life, the State of Uttar Pradesh took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu Translator-cum-Junior Clerks in the various departments of the State. By letter dated 20.8.1994, which is Annexure-1 to the writ petition, as many as 5061 posts were sanctioned/created for all the departments in State of Uttar Pradesh. In the said letter, it was stipulated that one post each in all the offices of departmental heads and heads of offices, both at the divisional and district level shall be filled by a Urdu Translator/Junior Clerk subject to the restrictions, where the post of Regular Assistant Clerk in the pay scale of Rs. 1500 is lying vacant, it will be treated to have been converted as that of Urdu Translator; in case there is no vacancy, the first vacancy which may occur due to retirement, prom...
Tag this Judgment!Commissioner of Income Tax Vs. Prakash Company.
Court: Allahabad
Decided on: Jan-27-1998
Reported in: (1998)147CTR(All)210
BY THE COURT :The Tribunal, Allahabad Bench, Allahabad, has referred the following question of law for the opinion of this Court under sub-s. (1) of s. 256 of the IT Act, 1961 (for short the Act) :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in accepting the assessees claim for deduction under s. 80G of the IT Act, 1961, in respect of the donation of Rs. 15,000 made to Sri Dwarka Das V. D. Balika Vidyalaya, Malsisar ?'2. We have heard learned standing counsel for the Revenue. No one has appeared for the respondent-assessee although the case was taken up after the list was revised.3. In the assessment proceedings relevant to the asst. yr. 1974-75 which is in dispute, the assessee claimed deduction of Rs. 34,012 from its taxable income under the head charity and donations which included an amount of Rs. 15,000 paid as a donation to an educational institution, called Shri Dwarika Das Vishnu Dayal Balika Vidyalaya, Malsisar, Rajasthan. The ITO, ho...
Tag this Judgment!Raja Ram Maurya Vs. U.P. Rajya Krishi Utpadan Mandi Parishad, Lucknow ...
Court: Allahabad
Decided on: Jan-23-1998
Reported in: 1998(2)AWC1048; (1998)1UPLBEC690
S.H.A. Raza and Bhagwan Din, JJ. 1. The petitioner, were initially appointed as Junior Engineers in the Mandi Parishad. One Dhirendra Singh was also appointed as Junior Engineer in the Mandi Parishad. He was promoted on 15.6.1991 on the post of Assistant Engineer in stop-gap arrangement and thereafter on 11.9.1997 he was promoted on the post of Deputy Director (Electrical Mechanical). The remaining petitioners who were Junior Engineers were promoted on stop-gap arrangement as Assistant Engineers on different dates in the year 1995 and 1996. Being aggrieved against their 'reversion' to the post of Junior Engineer, all the petitioners have preferred writ petitions before this Court.2. The factual matrix as set out in these writ petitions is that In the meetings dated 2.8.1995 and 19.9.1995, the Mandi Parishad increased the strength of Assistant Engineers from 72 posts to 100 posts and increased the posts of Assistant Engineers (Electrical Mechanical) from 11 to 30 posts. In pursuance of ...
Tag this Judgment!Rajpati Lal Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Jan-23-1998
Reported in: (1998)2UPLBEC1199
M. Katju, J.1. This writ petition has been filed against the impugned orders and dated 16.3.1993 and 30.2.1993, Annexures 32 and 23 to the petitioner.2. The petitioner retired as principal of an aided institution on 30.6.90. The dispute is now regarding pension. The petitioner was an employee an education department from 16.7.54 to 1.7.79. From 2.7.79 he has been a teacher in aided institution. He claims that his services in education department should also be added to his services as a teacher/principal for the purposes of calculating pension.3. Learned Counsel for the petitioner has relied on the G.O. dated 16.9.88 Annexurex24 to the petition, which states that when a teacher joins Government Service then his services as a teacher will be added to his Government service for calculating pension. Learned Counsel for the petitioner, in my opinion, has rightly submitted that on the same regulation a person who has earlier been in Government Service joins as a teacher should also be given...
Tag this Judgment!Allahabad Development Authority Through Its Secretary Vs. District Jud ...
Court: Allahabad
Decided on: Jan-23-1998
Reported in: 2005(1)ARC543
S.H.A. Raza, J.1. I have heard Shri A.K. Misra, learned Counsel for the Allahabad Development Authority, and Shri R.N. Bhalla, Senior Advocate, for the respondent.2. It seems that the controversy which has been continuing since quite long time has been set at rest on the basis of the talks which the parties had out-side the Court. Shri A.K. Misra, learned Counsel for the Allahabad Development Authority, has placed a letter before this Court written by Shri R.K. Singh, Secretary of the Allahabad Development Authority, which is addressed to him, in which it has been stated that the Allahabad Development Authority has agreed that the flat in which Mr. Z.H. Kazmi has been living at 3, Circular Road alongwith a garage besides two other motor garages shall be transferred in his favour by the Allahabad Development Authority, without charging any thing, from Mr. Kazmi for which purposes the Vice-Chairman of the Allahabad Development Authority has been accorded a sanction. The offer which has b...
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