Allahabad Court December 1998 Judgments
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Hiltex Industrial Fabrics (P.) Ltd. Vs. Adll. Director General of Fact ...
Court: Allahabad
Decided on: Dec-09-1998
Reported in: 1998(4)AWC599
M. Katju and S.L. Saraf, JJ. 1. Heard Sri S. U. Khan for petitioner. Shri Yatindra Singh learned Advocate General for respondent Nos. 1, 2 and 4, Shri S. N. Srivastava for respondent No. 3. Sri S. P. Gupta and Sri C. B. Yadav for respondent No. 5 and Shri R. N. Singh for respondent No. 6.2. We have perused the wril petition, counter-affidavit and rejoinder-affidavit.3. The petitioner has prayed for a mandamus directing the respondent No. 1 to enter into contract with the petitioner pertaining to 375 gms. W. P. for canvas cloth quantity 3,18,300 meters or 3.48,400 meters in pursuance to the tender dated 30.4.98 in accordance with its opening and result of the opening made on 15.5.98 and not otherwise.4. It is alleged in para 4 of the writ petition that the respondent No. 1 acting as a functionary of respondent No. 3 invited open tenders on 30.4.98 for supply of the aforesaid quantity of the canvas cloth. The petitioner also submitted its tender which was said to be lowest amount Rs. 77....
Ram Swaroop Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-09-1998
Reported in: 1998(4)AWC645
Binod Kumar Roy and Ram Kishore Slngh, JJ.1. The petitioner, who is a petty dealer in high speed dlcsel oil, has come up with a prayer to command the respondents not to give effect to the Instruction Issued by the District Supply Officer, Mainpuri as contained in Letter No. 511 dated 22.8.1988 as contained in Annexure 11.2. Sri Awanlsh Misra, learned counsel holding brief of Smt. Poonam Srivastava. contended that the instruction issued is unreasonable in tagging/attaching the petitioner with M/s Sachedeva Automobiles Diesel Pump. Malnpurl for the purpose of obtaining high speed dlesel oil and that too with clogs that he will obtain the dlesel in a barrel or drum and sell it only at the rate fixed by the District Magistrate : that at one time more than 4,000 litres will not be supplied to him : that he will keep stock register and cash memos containing full name and address of the consumers ; that he will not mix diesel with kerosene oil and if he is found mixing, then action department...
U.P. State Mineral Development Corporation Ltd. Vs. Additional Commiss ...
Court: Allahabad
Decided on: Dec-09-1998
Reported in: [1999]238ITR669(All)
1. The petitioner is a wholly owned corporation of the State of U. P. which now seems to be in the red and is facing closure. For the assessment years 1991-92, 1993-94 and 1994-95 to which this petition relates, the liability of the petitioner was to pay income-tax to the tune of about Rs. 3,20,36,286 after adjusting the tax already paid by way of advance tax, deductions at source (TDS), adjustments and refund, etc. The petitioner has preferred appeals for the assessment years 1991-92 and 1993-94 before the Tribunal which are pending. In those appeals, the petitioner has not so far moved any application for staying the recovery of tax. The petitioner has preferred appeal for the assessment years 1994-95 before the Commissioner of Income-tax (Appeals) which is pending in which it is stated by Dr. R.K. Srivastava, learned counsel for the petitioner, that he has moved an application for stay but no order has been passed thereon.2. However, it has been rebutted by the Department by stating...
Phool Chandra Yadav and ors. Vs. Public Service Commission and anr.
Court: Allahabad
Decided on: Dec-09-1998
Reported in: (1999)1UPLBEC754
B. Dikshit and Aloke Chakrabarti, JJ.1. The petitioner, all law graduates and working as Assistant Public Prosecutor in the State of Utter Pradesh, filed this writ petition for issuance of mandamus commanding the respondent No. 1, Public Service Commission, Allahabad to accept and entertain application forms of the petitioners in respect of U. P. Judicial Services Civil Judge (Junior Division) Examination, 1997 and to permit the petitioners to appear in the said examination and for consequential orders.2. It has been stated in the writ petition that regarding appointment in respect of posts of Civil Judge (Junior Division) Rule 12 of U. P. Nyayik Sewa Niyamawali, 1951 prescribes academic qualification which includes 'an Advocate, Vakil or pleader on the roll of, or entitled to practice in, the Court or Courts subordinate thereto'.3. In the writ petition it has been contended by the petitioners that as Assistant Public Prosecutors they are discharging duties exactly like Advocates pract...
U.P. State Mineral Development Corporation Ltd. Vs. Additional Commiss ...
Court: Allahabad
Decided on: Dec-09-1998
Reported in: (1999)153CTR(All)222
BY THE COURT:Petitioner is a wholly owned corporation of the State of U.P. which now seems to be in red and is facing closure. For the asst. yrs. 1991-92, 1993-94 and 199495 to which this petition relates, the liability of the petitioner was to pay income-tax to the tune of about Rs. 3,20,36,286 after adjusting the tax already paid by way of advance tax, deductions at source (TDS), adjustments and refund, etc. The petitioner has preferred appeals for the asst. yrs. 1991-92 and 1993-94 before the Tribunal which are pending. In those appeals, petitioner has not so far moved any application for staying the recovery of tax. The petitioner has preferred appeal for the asst. yr. 1994-95 before the CIT(A) which is pending in which it is stated by Dr. RX. Srivastava, learned counsel for the petitioner that be has moved an application for stay but no order has been passed thereon. However, it has been rebutted by the Department by stating that no such application is pending.2. The IT Department...
Anant Ram Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-08-1998
Reported in: 1999(1)AWC9
D.K. Seth, J.1. The petitioner was engaged as Road Roller Cleaner in Rural Engineering Service Department on daily wage basis. Subsequently, he was engaged for a fixed period of six months and his last such appointment was made by an order dated 17.12.1993 contained in Annexure-3 to the writ petition. It is apparent that the petitioner had worked as such for sometime earlier. The petitioner's service was sought to be terminated by an order dated 4.3,1994 with immediate effect. Thisorder was challenged in Writ Petition No. 10293 of 1994 by the petitioner. By an order dated 23.3.1994, operation of the said order was stayed. A copy of the said order is Annexure-5 to the writ, petition. It is alleged that the said Writ Petition No. 10293 of 1994 is still pending. The petitioner was thereafter informed by a letter dated 24.6.1994 that by the order dated 17.12.1993 the petitioner's appointment was for a period of six months and that the said period having expired, the petitioner was relieved...
United India Insurance Co. Ltd. Vs. Manish Porwar and Others
Court: Allahabad
Decided on: Dec-08-1998
Reported in: 1999(2)AWC1136
P.K. Jain, J.1. The claimants-respondents in this appeal Manish Porwar, Ashish Porwar, Km. Meenakshi Gupta and Km. Neha Gupta filed claim petition under Section 168 of the Motor Vehicle Act claiming compensation of Rs. 23,96.000 for the death of their father Munnu Lal Gupta and mother Smt. Kusum Lata.2. The facts briefly stated are that on 27,3.94 both the deceased were returning to their house after meeting Ratan Lal, elder brother of Munnu Lal Gupta. On way to their house, their Hero Honda Motor-cycle went out of order. Deceased Munnu Lal Gupta parked the Vehicle on left side of the road and while he was examining the defect. Tanker No. U. P. 30/2002 overran both the victims on account of rash and negligent driving of the said vehicle by its driver. Both the victims died at the spot.3. The claimants alleged that Munnu Lal Gupta was aged 49 years and 7 months. His date of birth is 7th August, 1944 and he was employed as Junior Engineer in U. P. Jal Nigam and was drawing salary of Rs. ...
S.L. Bathla Vs. State of Bank of India and ors.
Court: Allahabad
Decided on: Dec-08-1998
Reported in: (1999)1UPLBEC233
D.K. Seth, J.1. On 9th of September, 1981 the petitioner had applied for permission to contest the election to the Municipal Board, Saharanpur scheduled to be held in December, 1981. The permission was granted on 23rd September, 1981 with a stipulation in Clause 3 of the said permission contained in Annexure 2 that it would be open to the Bank to call upon him to cease to continue in the office of the Municipal Board if the Bank considers that his continued service in such office would interfere with his work in the bank and if he refused to relinquish his service as member of the Municipal Board when called upon to do so by the Bank, it would be open to the Bank to take disciplinary action against him and even terminate his service. But the said election for which permission was sought by the application contained in Annexure 1, did not take place. On 15th December, 1988, the petitioner informed the Bank that he would be contesting the election scheduled to be held in 1989 (Annexure '...
United India Insurance Co. Ltd. Vs. Manish Porwar and ors.
Court: Allahabad
Decided on: Dec-08-1998
Reported in: 2000ACJ30
P.K. Jain, J.1. The claimants-respondents in this appeal Manish Porwar, Ashish Porwar, Meenakshi Gupta and Neha Gupta filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 23,96,000 for the death of their father Munnu Lal Gupta and mother Kusum Lata.2. The facts briefly stated are that on 27.3.1994 both the deceased were returning to their house after meeting Ratan Lal , elder brother of Munnu Lal Gupta. On way to their house their Hero Honda motor cycle went out of order. Deceased Munnu Lal Gupta parked the vehicle on left side of the road and while he was examining the defect, tanker No. UP 30-2002 overran both the victims on account of rash and negligent driving of the said vehicle by its driver. Both the victims died at the spot.3. The claimants alleged that Munnu Lal Gupta was aged 49 years and 7 months. His date of birth is 7.8.1944 and he was employed as Junior Engineer in U.P. Jal Nigam and was drawing salary of Rs. 6,635 per month. He ha...
NavIn Chandra Pandey Vs. Jaspal Singh and ors.
Court: Allahabad
Decided on: Dec-08-1998
Reported in: I(1999)ACC284; 2001ACJ272
Palok Basu, J. 1. Navin Chandra Pandey claimant has filed this appeal against the judgment and order of the Motor Accidents Claims Tribunal, Kanpur dated 19.10.83 whereby the Tribunal allowed Rs. 22,000 as compensation for the accident which took place on 28.10.1979, at about 11.45 a.m. in which Adesh Kumari alias Kunti Devi aged about 22 years, claimant's wife and his daughter Rinki aged about two months lost their lives. The Tribunal has, however, granted a sum of Rs. 10,000 further, which was to be indemnified by the insurance company, namely, the New India Assurance Co. Ltd. with which the vehicle in question, i.e., a bus bearing registration No. UPV 4229 was insured.2. In short, the appellant says that he is entitled to much higher amount of compensation than what has been awarded by the Tribunal.3. Mr. S.D.N. Singh, learned counsel for the appellant has been heard at substantial length and Mr. Rajeev Chaddha appearing for the insurance company has also been heard at substantial l...
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