Allahabad Court February 1998 Judgments
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Manoj Kumar Pandey Vs. State of U.P.
Court: Allahabad
Decided on: Feb-13-1998
Reported in: 1999CriLJ3013
1. The present appellant stood convicted for an offence under Section 302, I.P.C. and had been sentenced to life imprisonment by an order of IVth Additional Sessions Judge, Saharanpur, dated 5-5-89 in Sessions Trial No. 144 of 1983. After presentation of the appeal the appellant was directed to be released on bail.2. The appellant stood a charge for having killed his wife Usha Pandey in Room No. 17-A of Alka Hotel, Hardwar, in between 12 O'clock in the noon on 19-2-83 and 6.30 in the morning of 20-2-83. The prosecution case may be stated in brief as follows;A man and a woman had come to the Alka Hotel, Hardwar, at about 6.00 a.m. on 19-2-83 and asked for a room. They were allotted Room No. 17-A. The key was handed over to the man and he was asked to make entries in the hotel register. The man entered his name as S.K. Pandey son of T.N. Pandey of Sector 5, Aakam Bag, Lucknow, and indicated the number of occupiers as two. They occupied the room, tea was offered to them in their room and ...
Baboo Lal Vs. State Bank of India, Bombay, and Others
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998(2)AWC903
Dev Kant Trivedi, J.1. By means of this writ petition, petitioner Baboo Lal has challenged the order of his removal from service and sought for a direction to treat the petitioner in the service of the State Bank of India respondent No. 1.2. Petitioner joined the service in the State Bank of India on 9th April, 1959. Subsequently he was appointed as Trainee Officer with effect from 16th August. 1965. The petitioner was confirmed as Staff Officer Grade III with effect from 1st December. 1967.3. The petitioner was posted as Branch Manager from 10th March, 1973 to 4th April, 1977. He was transferred from Handia Branch to various Branches.4. On 17th August, 1979 he was served with a charge-sheet by the Chief General Manager. In the said charge-sheet 11 charges were levelled against the petitioner. Enquiry report was submitted by the enquiring officer on 15th March, 1982 holding the charges No. 1 to 9 to have been established against the petitioner. The petitioner was thereafter dismissed f...
Akhtar HussaIn Vs. Sant Kabir Sahkari Katai Mills Ltd., Basti and Anot ...
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998(2)AWC955
Aloke Chakrabarti, J.1. This writ petition was filed challenging the orders dated 7.11.1997 and 13.11.1997 at Annexure Nos. 1 and 2 respectively to the writ petition whereby the petitioner was transferred from Sant Kabir Sahkari Katai Mills, Maghar to Co-operative Textile Mills at Bulandshahr on temporary basis.2. At the outset Mr. Vinod Mishra, learned counsel for the respondents raised an objection as regards maintainability of the writ petition and to that effect a short counter-affidavit had been filed. The objection has been raised on the ground that the writ petition is not maintainable being directed against an order passed in respect of its employee by Co-operative Society.3. Mr. K. P. Agarwal, learned counsel for the petitioner contended that the present transfer order purporting to transfer the petitioner is illegal in view of the fact that it amounts to transfer of the petitioner from one employer to other which is not permissible under law. It is contended that the law in t...
Smt. Manorama Painuli Vs. Basic Shiksha Parishad U.P. , Allahabad and ...
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998(2)AWC1219; (1998)2UPLBEC1474
Aloke Chakrabartl, J.1. This writ petition was filed challenging the transfer order dated 12.11.1997 at Annexure-1 to the writ petition whereby the petitioner had been transferred from Primary Pathshala Rabara, Bhatwari to Primary Paihshala Bhangali. district Uttar Kashi.2. Learned counsel for the petitioner contended that the said impugned order is illegal in view of the provision of law prevailing which is not permit any transfer of the petitioner unless the petitioner gives her consent to such transfer. It is contended that the challenge of the petitioner in respect of the impugned order is a question of law. Therefore, the learned standing counsel appearing for the respondents also agreed to final disposal of the writ petition at this stage without filing counter-affidavit.3. Learned counsel for the petitioner referred to various provisions of law, including the Rule 21 of U. P. Basic Education (Teachers) Service Rules. 1981 and contended that the said Rule 21 is the only provision...
Satya Prakash Sharma Vs. Assistant Commandant, R.P.F., Central Railway ...
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998(2)AWC1221; [1998(79)FLR200]; (1998)2UPLBEC1383
Aloke Chakrabarti, J.1. This writ petition was heard along with Civil Misc. Writ Petition Nos. 11166 of 1988 and 8163 of 1990.2. Heard the learned counsel for the petitioner as also the learned standing counsel for the respondents.3. The contention of the petitioner is that while working as constable in the Railway Protection Force relating to an incident dated 3.12.1986, a proceeding was initiated by a charge-sheet dated 26.10.1987 and ultimately the petitioner was removed from service by order dated 10.11.1987 (Annexure No. 15 to the writ petition) and the appeal filed by the petitioner was also rejected by order dated 15.3.1988. Challenging the aforesaid two orders the present writ petition was filed.The respondents filed a counter-affidavit and the petitioner filed rejoinder-affidavit.4. The petitioner referred to the materials available on record and in particular the charges levelled against the petitioner as appears from the statement of charges at Annexure-13 to the writ petiti...
Hardeva Vs. Deputy Commissioner of Income-tax (Assessment)
Court: Allahabad
Decided on: Feb-12-1998
Reported in: [1998]230ITR875(All)
1. This writ petition is directed against the notices under Section 148 of the Income-tax Act, 1961, in respect of the assessment years 1986-87 to 1990-91, copies whereof are contained in annexures '7-A' to '7-E' filed with the writ petition. The notices were issued as far back as on March 11, 1996. The issuance of these notices was impugned before this court by the petitioner in Writ Petition No. 455 of 1996, which was dismissed by a Division Bench of this court by an order dated July 1, 1996. There two contentions were raised by the petitioner, namely, that the notices issued under Section 148 were invalid and, secondly, the petitioner had not been supplied the reasons in pursuance of which the notices under Section 148 were issued. Both these contentions were repelled by the court and the writ petition was dismissed. It appears, that the petitioners thereafter participated in the assessment proceedings. In paragraph 26 of the present writ petition it is, however, averred that the he...
Virendra Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998CriLJ2873
ORDER1. Through this writ petition the petitioner sought that he be set at liberty from detention in connection with a detention order dated 2-7-97 under Section 3(2) of the National Security Act recorded by the District Magistrate, Kanpur Nagar.2. The detention order was recorded on 2-7-97 and the petitioner stood detained from 3-7-97. The impugned order simply stated that the District Magistrate, Kanpur Nagar was satisfied that the detention of Virendra Shukla for preventing him from acting in any manner prejudicial to maintenance of public order was necessary and accordingly the order under Section 3(2) of the National Security Act was passed. This order stood confirmed under Section 12(1) of the National Security Act on 27-8-97 authorising his detention for 12 months from 3-7-97.3. The grounds of detention that were served upon the petitioner as required under Section 8 of the Act stated that on 12-6-97 the petitioner had shot at his tenant Sudheer Singh and his wife and others kil...
Bharat Yadav and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-12-1998
Reported in: 1998CriLJ4149
S.K. Phaujdar, J.1. The two appellants and one Vishwanath stood charged for of-fences under Sections 302/34 and 323/34, IPC before the IVth Addl. Sessions Judge, Mirzapur, in S.T. No. 55 of 1979. During the pendency of the trial, however, Vishwanath had died. The trail proceeded for the olher two and the learned trial Judge, by his judgment and order dated 30-6-1980, convicted the two appellants for both the aforesaid offences and sentenced each of them to undergo imprisonment for life under Sections 302/34, IPC and further sentenced each to undergo R.I. for 6 months under Sections 323/34, IPC. The sentences were to run concurrently. The two appellants presented the appeal on 10-7-1980 and were enlarged on bail under an order of this Court,2. Upon a report of Sri Barhu, son of Raghunath Yadav, made to the Adalhat police station, District Mirzapur, a non cognisable case No. 398 under Sections 323, 504 and 506, IPC was drawn up on 11-12-1978. The report indicated the name of the complain...
Commissioner of Income Tax Vs. Amar Singh
Court: Allahabad
Decided on: Feb-12-1998
Reported in: [2000]112TAXMAN38(All)
ORDER1. These are applications under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by the Commissioner, Agra, praying that the Tribunal, Delhi Bench 'A', New Delhi, be directed to draw up a statement of the case and refer the following questions for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal was correct in law in deleting the addition of Rs. 1,96,000 and Rs. 2,53,000 in the assessment years 1974-75 and 1975-76, respectively, made on account of unexplained investment, especially when the Hon'ble Tribunal vide their order dated 1-2-1982 in the case of Sunheri Lal Bhagwati Prasad have duly affirmed that these investments were made by the assessee ?2. Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal was correct in law in holding that the finding in proceedings of Sunheri Lal Bhagwati, Prasad has been unlawfully used in the case of the assessee2. The proce...
Kanpur Income Tax Bar Association, Aykar Bhavan, Civil Lines, Kanpur a ...
Court: Allahabad
Decided on: Feb-11-1998
Reported in: 1998(2)AWC1008; [1999]236ITR848(All)
M.C. Agarwal, J.1. This is a petition under Article 226 of the Constitution of India preferred by the Kanpur Income Tax Bar Association through its Secretary Naveen Bhargava and Mukesh Srivastava a Chartered Accountant. The petitioners claimed to be legal practitioner in taxation laws and they challenge a clarification contained in paragraph 3 of a letter dated 25.11.1997 issued by Sri A. K. Batabyal, Member (Investigation) Central Board of Direct Taxes. The following reliefs have been claimed in this writ petition :'(i) issue a writ, direction or order in the nature of certiorari calling for the record of letter/communication dated 25.11.1997 (Annexure-2) and the record of the decision of Government of India, if any, and to quash thesame. (ii) issue of writ, direction or order in the nature of mandamus directing the respondents, not to give effect to the 3rd paragraph of the aforesaid communication/letter dated 25.11.1997 (Annexure-2). (iii) issue a writ, direction or order in the nat...
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