Allahabad Court January 1998 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Markandey Rai Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-09-1998
Reported in: 1998(1)AWC755; (1998)3UPLBEC1855
B.K. Roy and R.K. Mahajan, JJ.1. The petitioner, who joined Indian Navy in 1976 for a period of 10 years and whose services were extended for 5 years for the purposes of rehabilitation and as per service norms of Naval Regulation/Navy was entitled to apply for Civil Job 12 months in advance, after having been permitted, applied for U. P. Nyaylk Sewa (Munsif) Examination, 1989 pursuant to an advertisement No. A-l/E-2/90-91, published in the Employment News dated June 23-29, 1990 (copy appended as Annexure No. 1) attaching clearance certificate from the competent authority stating that he can be released as per the norms. He was then in last year of his service. In terms of the advertisement in all 50 posts were available for appointment, out of which 4 were reserved for ex-servicemen. The Commission accepted his form but while issuing Admit Card to him directed him to deposit the Discharge Certificate of Army at the time of the examination. On 30.6.1991, he was discharged from service. ...
Om Prakash Gupta Vs. Branch Manager, State Bank of India, Kaka Deo Bra ...
Court: Allahabad
Decided on: Jan-09-1998
Reported in: 1998(3)AWC2128
Ravi S. Dhavan, J.1. This Is a strange case which offends the equity jurisdiction of any Court what to speak of the High Court. If the contract between the parties in a commercial world is to be judged by the parameters ofthis case, then no faith will be left between banks and customers while granting loans in furtherance of socio-economic programmes for the rehabilitation of those who are genuinely repressed financially. Loans taken from banks are meant for repayment, as opposed to embroilment in litigation.2. To purchase five buffaloes for agriculture and farm use, the petitioner Om Prakash Gupta. obtained a loan from the State Bank of India, for Rs. 25.000. Then the petitioner went to an insurance company. i.e., the 'Oriental Insurance Company, Dada Nagar, Kanpur Nagar'. He covered the risk of his five animals under a contract of Insurance.3- By natural causes or otherwise, all the five animals died one by one. The petitioner contends that the animals were sick. The petitioner was c...
Shri Ram Industrial Enterprises Limited Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-09-1998
Reported in: 1998(99)ELT47(All)
ORDER1. The petitioner, it is said, is engaged in the manufacture of sugar and molasses availing Modvat credit facility under Rule 57A and Rule 57Q of the Central Excise Rules, 1944. In the process of manufacture of sugar, according to the petitioner, a by-product known as Tress mud' is obtained at the stage of filteration of juice and no inputs on which the petitioners are availing Modvat credit are being used till the stage of filteration of juice. The petitioners were served with the show cause notice dated 29-8-1994. Contained in Annexure A-3 to the writ petition, which states, inter alia, that the petitioners have contravened the provisions of Rule 57CC of the Central Excise Rules inasmuch as they have not paid the amount of excise duty specified in the show cause notice on the price of certain quantity of 'press mud' cleared by them during the period 1-3-1997 to 31-5-1997 as per details given in the said show cause notice. The petitioners have been required to show cause to the A...
Babu Ram Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-08-1998
Reported in: 1998(1)AWC753; (1998)2UPLBEC951
S.R. Singh, J.1. This petition under Article 226/227 of the Constitution has been filed for issuance of a writ of ccrftorori quashing the proceedings dated 20.3.1997 in which the petitioner was removed by vote of no-confidence at a meeting of the Gram Panchayat, Govlndpur convened and held under Section 14 of the U. P. Panchayat Raj Act, 1947. The minutes of the meeting held on 20,3.1997 (Annexure-2 to the writ petition) show that 12 out of 13 members of the GramPanchayat were present at the meeting and all of them exercised their franchise. Eight votes were polled in favour and four against the motion of no-confidence. The motion was declared to have been passed and the petitioner removed from the office of the Pradhan. It appears that charge could not be handed over due to certain order of stay passed by this Court in Civil Misc. Writ Petition No. 8811 of 1997. Subsequently the said petition came to be dismissed and interim order vacated vide order dated 22.8.1997. Consequently, the ...
Ashim Adhikari Vs. State of U.P.
Court: Allahabad
Decided on: Jan-08-1998
Reported in: 1998(2)AWC948; 1998CriLJ2352
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 20.7.1989 passed by the Special Judge. (Additional Sessions Judge) Nainital in State v. Ashim Adhikari, S. T. No. 16 of 1989, whereby he convicted the accused appellant of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. one lac and in default of payment of fine to serve out further imprisonment for a period of 2 and half years.2. Heard amicus curie for the accused-appellant and the learned A. G. A.3. The prosecution story was that on 18.8.1988 at 8.30 p.m. Sri. P. K. Dixit S.I., P.S. Baazpurwas returning to the police station along with 3 constables after completing his petrol duty in Government Jeep in the area of outpost Banna Khera and came on the Rasta going from Chima Paper Mills near the Rasta coming from the side of t...
Smt. Meera Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-07-1998
Reported in: 1998(1)AWC716; (1998)2UPLBEC922
S.R. Singh, J.1. Petitioner Smt. Meera Devi, elected as Pradhan of Gram Panchayat Jalalpur. Vikas Khand Majhawan, district Mirzapur in the last election held in April, 1995, has filed the present petition, seeking the relief of quashing the entire proceeding of motion of no-confidence dated 24.8.1997, held in pursuance of the order dated 2.8.1997 of the District Panchayat Raj Officer. Mirzapur under Section 14 of the U. P. Panchayat Raj Act, 1947 (In short the 'Act') read with Rule 33B of the Rules made under the Act.2. Concededly, the concerned Gram Panchayat is a body consisting of 13 elected members to the exclusion of the petitioner. All the elected members were present in the meeting and they exercised the right to vote on the motion of no-confidence, brought to bear against the petitioner. The petitioner was kept at bay from voting. Nine out of thirteen voted in favour and four against the motion of no-confidence. As a result, the petitioner stood expelled from her office as Prad...
Noorul Hasan Vs. Assistant Sub-divisional Magistrate, Fatehpur and Ano ...
Court: Allahabad
Decided on: Jan-07-1998
Reported in: 1998(2)AWC1054
Ravi S. Dhavan and V. P. Goel, JJ.1. The issues in this writ petition are certain constructions which have been made by the petitioner on National Highway 2, the Grant Trunk Road, in Fatehpur, at K.M. 87 Hectometre 10. The petitioner faced proceedings under the U. P. Road Side Control Act, 1945. The Public Works Department had made a complaint before the prescribed authority, the Sub-Divisional Magistrate, Fatehpur. The allegations against the petitioner were contained in the complaint under Section 5 read with Section 13 of the Act aforesaid. Twelve metres away from the road, the petitioner had started constructing a building. Before the prescribed authority, the petitioner resisted the complaint on the ground that he had not made any construction but was reconstructing an old house. The petitioner's statement was recorded by the prescribed authority as also the statement of other witnesses produced by the department. The evidence which rests on the record was that the petitioner had ...
Nagar Nigam, Kanpur Vs. Viiith Addl. District Judge, Kanpur and Anothe ...
Court: Allahabad
Decided on: Jan-07-1998
Reported in: 1998(2)AWC1061
S.L. Saraf, J.1. By this writ petition, the Kanpur Nagar Nigam haschallenged the order dated 27.11.1996 passed by the Vlllth Additional District Judge. Kanpur. The short point involved in this petition is whether the respondent No. 2 is liable to be assessed for payment of tax on the annual letting value of the building under clauses (a) or (b) of Section 174 of the U. P. Municipal Corporation Adhiniyam, 1959 (hereinafter referred to as the Adhiniyam).2. The sole contention raised by the counsel appearing for the Nagar Nigam is that the building which has been let out for commercial purposes by the respondent No. 2 to the State Bank of India is taxable under the definition of clause (b) of Section 174 of the Adhiniyam and not under clause (a) of Section 174. According to the counsel, clause (b) is applicable to a case where a building is normally let out and (a) is applicable to a case where the building is seldom let out.3. In support of this contention, learned counsel appearing for ...
Singhal Coke Industries, Rampur and Others Vs. State of U.P. and Other ...
Court: Allahabad
Decided on: Jan-06-1998
Reported in: 1998(2)AWC1000
R.R.K. Trivedi and R.K. Singh, JJ. 1. Heard counsel for the petitioner andthe learned standing counsel.2. This petition has been filed challenging the Government Orders, dated 19,9.1985 (Annexure-1 to the writ petition) and 4.4.1987 (Annexure-2 to the writ petition) by which the industrial units are required to obtain the licence under the U. P. Coal Control Order, 1977 and permission from the District Magistrate before disposal of the unused coal and coal dust. This controversy had already been settled by a Full Bench of this Court in case of Ashwani Cement Private Ltd. Shamli v. State of U. P. and others, 1991 11) EFR 160. wherein it has been held that the U. P. Coal Control Order, 1977 seeks to regulate the import, purchase. movement, storage and sale of coal within the State. It has evolved the system of licensing as a measure of such regulation and after considering the various provisions of the Control Order. Full Bench upheld the validity of the Government Order impugned in this...
Hi-tech Flexo Text (P) Ltd. Vs. Cegat
Court: Allahabad
Decided on: Jan-06-1998
Reported in: 1998(99)ELT39(All)
ORDERA.K. Banerji, J.1. By means of this writ petition, the petitioner, M/s. Hi-Tech Flexo Text (P) Ltd. has inter alia prayed for a writ of certiorari for quashing the impugned order dated 23-8-1995 (Annexure-7) passed by the Customs, Exicse and Gold (Control) Appellate Tribunal, New Delhi (the Tribunal in short) by which the said Tribunal disposed of the application filed by the petitioner for waiver directing them to pre-deposit Rs. 2 lakhs. The petitioner has also sought a writ in the nature of mandamus directing the Tribunal to decide the petitioner's appeal without insisting on any pre-deposit and to stay the recovery of the adjudged amount of duty during the pendency of the appeal.2. The petitioner's case in brief is that the petitioner is engaged in manufacture of narrow woven elastic tape, which is used by the manufacturers of under garments. The petitioner claimed benefit of exemption from Central Excise Duty under Notification No. 1 of 1993, dated 28-2-1993. The Assistant Co...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 8
- Next ›
- Last »