Allahabad Court January 1998 Judgments
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Jay Cylinders Ltd., New Delhi Vs. U.P. Pollution Control Board, Luckno ...
Court: Allahabad
Decided on: Jan-16-1998
Reported in: 1998(1)AWC656
R.H. Zaidi, J.1. Heard Mr. S. M. K. Chaudhary, learned counsel for the petitioner, Mr. Srikant Singh, learned counsel for the respondents and also perused the record of the case. As requested by the learned counsel, this petition is disposed of finally at this stage.2. By means of this petition, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 18.10.1997 passed by respondent No. 3, whereby appeal filed by the petitioner under Rule 9 of Water (Prevention and Control of Pollution) Cess Rules, 1978 was dismissed as barred by limitation.3. Assessment order was passed against the petitioner on 15.7.91 by respondent No. 2, the Prescribed Authority, under the Water (Prevention and Control of Pollution) Cess Act. 1977. Challenging validity of the said order, petitioner filed appeal before the appellate authority on 5.9.1991, along with an application for condonation of delay, wherein it was asserted that the assessment order was c...
Goverdhan Upadhyay Vs. Union of India and Others
Court: Allahabad
Decided on: Jan-16-1998
Reported in: 1998(2)AWC840; [1998(79)FLR24]; (1998)2UPLBEC1162
Aloke Chakrabarti, J.1. The petitioner was appointed on 1.8.1960 as watchman in the department of Food Central Store Department at Agra Cantt. which was run and controlled by the Union of India. in the year 1965 services of the petitioner were transferred to the Food Corporation of India under Section 12A of the Food Corporation Act, 1964. it is stated in the writ petition that every employee of Food Corporation who was transferred under Section 12A(1) of the said Act was supposed to submit option under Section 12A(4) and the petitioner could not file the option and ultimately was advised that there was an oral option. The petitioner continued to contribute to the General Provident Fund and never contributed to the Contributory Provident Fund. Ultimately by letter dated 5.12.1983 the petitioner was informed that he would retire on 30.9.1985 on attaining 58 years of age. The petitioner made representation and was informed in reply thereto that as he had not submitted option form, the pe...
Diwakar Dutt Bhatt Vs. Life Insurance Corporation of India, Bombay and ...
Court: Allahabad
Decided on: Jan-16-1998
Reported in: 1998(2)AWC882; (1998)2UPLBEC1154
S.H.A. Raza and Bhagwan Din, JJ.1. This is well-settled that generally the Court should not interfere in the matter of correction of the date of birth, particularly when the representation to correct the date of birth is made at a belated stage. But in this case, we have to consider certain novel features which are not generally found in the case pertaining to correction of date of birth. The petitioner in the Form of High School Examination, mentioned his date of birth as 26.10.1941 but the certificate which was issued to him mentioned 1.2.1938 as the date of birth. The petitioner in his application for appointment on the post of Development Officer mentioned the same date of birth, which was indicated in the High School Certificate, i.e., 1.2.1938. The petitioner was fortunate enough to be selected as Development Officer in the Life Insurance Corporation of India. At the time of attaining his superannuation on 31.1.1996 the petitioner was working as Branch Manager in the Life Insuran...
Arvind Kumar Pandey and Others Vs. High Court of Judicature, Allahabad ...
Court: Allahabad
Decided on: Jan-16-1998
Reported in: 1998(2)AWC890; (1998)2UPLBEC1370
O.P. Garg, J.1. The dispute in the present writ petition under Article 226 of the Constitution of India pertains to appointment on the posts of Junior Clerk/Paid Apprentice in the ministerial establishment of District Judgeship of Gorakhpur on the basis of selection held by the District Judge in pursuance of an advertisement dated 8.4.1990, by which 51 vacancies were notified to be filled in by recruitment under the Subordinate Civil Court Ministerial Establishment Rules, 1947 (hereinafter referred to as the 'Rules of 1947'). There were two types of rival candidates who claimed consideration for appointment against the notified vacancies--firstly, who were already working in the Judgeship (hereinafter called as 'ad hoc employees'), and secondly, those who applied for the first time in pursuance of the advertisement and they are referred to, for the sake of clarity and brevity, as 'outsiders'.2. The petitioners, who are 13 in number, alongwith other outsiders were the candidates who app...
State of U.P. Vs. I Additional District Judge and ors.
Court: Allahabad
Decided on: Jan-16-1998
Reported in: AIR1998All262
ORDERShitla Pd. Srivastava, J.1. This petition under Article 226 of the Constitution of India has been filed by the State of U.P. through member Sales Tax Tribunal, Gorakhpur against the landlord and others for quashing the order dated 12th March, 1992 filed as Annexure-1 and order dated 17th August, 1993, filed as Annexure-2 to the writ petition.2. The facts giving rise to the present petition in brief are that the landlord filed an application under Section 21(8) of Act No. 13 of 1972 for enhancement of rent against the petitioner. The basis of enhancement of rent was that the annual value of the building in question was Rs. 4,76,600/- us such the enhanced rent would be Rs. 3972/- per month. It was specifically stated that the annual value of the building included the constructed portion of the land appurtenant to the building.3. An objection was filed by the petitioner to the aforesaid application to the effect that in 1969 for the first time when the accommodation in question was g...
Commissioner of Wealth Tax Vs. Abdul Hafiz
Court: Allahabad
Decided on: Jan-16-1998
Reported in: [2000]107TAXMAN285(All)
ORDER1. These are 8 applications pertaining to the assessment years 1979-80 to 1986-87 and 1988-89, filed under sub-section (3) of section 27 of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act), and arise out of a common order passed by the Tribunal.2. In all these applications, the prayer is that the Tribunal may be directed to draw up a statement of the case and to refer the case for the opinion of this court on a common question set out in each of the applications.3. We have heard the learned counsel for the parties. We are of the opinion that the order of the Tribunal is concluded by the findings of fact and does not give rise to any question of law. Certain land of the assessee was acquired in the assessment year 1979-80 and the possession was also taken on 25-3-1980. The Land Acquisition Officer determined the compensation at an amount of Rupees twenty-five lacs. It appears that there were some proceedings at the instance of the assessee seeking enhancement in compe...
Jamuna Prasad Singh Vs. Vth Addl. District Judge, Faizabad and Others
Court: Allahabad
Decided on: Jan-15-1998
Reported in: 1998(1)AWC663
R.H. Zaidi, J. 1. Heard the learned counsel for the parties and perused the record. Since counter and rejoinder-affidavits have already been filed by the parties in this case, as desired by the learned counsel for the parties, the case was heard and is being disposed of finally at this stage.2. By means of this petition, under Article 226 of the Constitution, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 29-11.1996 passed by the Vth Additional District Judge, Faizabad allowing the amendment of written statement at appellate stage.3. It appears that original suit No. 97 of 1986 was filed by the petitioner for specific performance of contract of sale dated 26.6.74 alleged to have been executed by Kamla Singh, the predecessor in interest of the defendants-respondents. It was pleaded that agreement of sale was executed by Sri Kamla Singh for selling the land in dispute in favour of the petitioner for an amo...
Kishan Co-operative Sugar Factory Ltd., Sarsawa, Saharanpur Vs. State ...
Court: Allahabad
Decided on: Jan-15-1998
Reported in: 1998(2)AWC834; (1998)2UPLBEC1235
R.K. Mahajan, J.1. In all these writ petitions, there are following common prayers :(a) To issue a writ order or direction in the nature of prohibition commanding the respondent No. 2 from proceeding in pursuance to the order of reference dated 17.1.1992. (b) To issue an ad interim stay order staying the operation of the impugned order of reference. 2. In ail the aforesaid writ petitions, common questions of law and facts are involved and they are being disposed of together by a common order with the consent of the parties.3. It appears that Mahendra Pal is a contractor and he supplied labourers to Kishan Co-operative Sugar Factory Ltd., Sarsawa. Saharanpur.4. The claim of the contesting respondents is that they are employees of Kishan Co-operative Sugar Factory Ltd., the petitioner. The plea of petitioner sugar factory is that they are not their employees. It was also alleged by Klshan Co-operative Sugar Factory Ltd. that it is a registered factory under the Contract Labour (Regulatio...
Smt. Shashi Bala Vs. State of U.P.
Court: Allahabad
Decided on: Jan-15-1998
Reported in: 1998(2)AWC873
B.K. Sharma, J.1. Heard learned counsel for the surety-appellant Smt. Shashi Bala and learned Additional Government Advocate.2. In this case Smt. Shashi Bala, surety-appellant, stood surety for accused Naveen Kumar in a criminal case in the year 1978 for the sum of Rs. 2,000. Thereafter the accused absented and a notice was sent to Smt. Shashi Bala. She sought an adjournment on 1.10.80 and accordingly the case was directed to be listed on 17.10.80. On 17.10.80 Smt. Shashi Bala was absent and no cause was shown in reply to notice under Section 446, Cr. P.C. The surety bonds furnished by her had already been forfeited. So, the learned IInd Additional Sessions Judge, Ghazlabad directed for issuing warrants of recovery against Smt. Shashi Bala surety-appellant. Against the said order this criminal appeal was preferred.3. In this appeal, it was claimed in the memo of appeal that accused Naveen Kumar had died and as such could not be produced and consequently the forfeiture of surety bonds a...
Nityanand Sharma Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jan-15-1998
Reported in: (1998)2UPLBEC1002
Palok Basu and D.K. Seth, JJ.1. The petitioner Nityanand Sharma's father was admittedly a member of Department of the Central Government known as General Reserve Engineering Force having been employed therein as a Driver. The petitioner claims that he is entitled, being the heir of an employee of the Armed Forces who had died, the special quota of allotment of L.P.G. Gas distributorship which as so allocated by the Indian Oil Corporation, therefore, the advertisement made by the respondents concerning the L.P.G. Gas agency as a general category is incorrect and the petitioner's prayer for allocation of that agency have been wrongly rejected by the respondents. Consequently the powers under Article 226 of the Constitution of India may be exercised, advertisement may be quashed and the respondents be direct to allot one L.P.G. gas agency in the armed quota for the petitioner.2. Sri Ravidra Rai, learned Counsel for the petitioner has been heard at substantial length. He has placed relianc...
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