Allahabad Court April 1998 Judgments
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Dharam Veer and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-27-1998
Reported in: (1998)3UPLBEC2301
Aloke Chakrabarti, J.1. This writ petition was heard alongwith Civil Misc. Writ Petition No. 30354 of 1993, Raj Kumar and Ors. v. State of U.P. and Ors..2. Challenging the provisions of the Standing Orders issued by Modipon Fibres Company (hereinafter referred to as 'Company') and the orders of dismissal of the petitioners, all dated 2.5.1993 at Annexure Nos. 2 to 11 the writ petition, ten petitioners came to this Court.3. On an application the names of the petitioner Nos. 2, 6, 9 and 10 had been deleted from the array of the parties by order dated 29.8.1997.4. Heard the learned Counsel for other petitioner who continued to proceed with the writ petition and Mr. V.B. Singh learned Counsel for the respondents.5. The respondents filed counter affidavit and the petitioners filed rejoinder affidavit.6. At the outset the respondents raised a preliminary objection as regards maintainability of the writ petition on the ground of existence of alternative remedy before the authority under the I...
Amar Chand Agrawal and ors. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Apr-25-1998
Reported in: [1999]238ITR240(All)
Ravi S. Dhavan, J.1. This petition has been pending in the High Court for almost 15 years. The issues relate to the controversies under the Income-tax Act, 1961, and to a real estate in Kanpur. The first premises on which those who have addressed the court are agreed and not at issue is that the cause will be seen as when it was brought to the court ; on this aspect the law is clear in Rameshwar v. Jot Ram : 1983CriLJ1731 .2. On the facts there is no issue between the record as has been presented by the petitioners and the respondents, that is respondents Nos. 1 and 2, being the Income-tax Department. Barring these parties no other person addressed the court. The court was not addressed by respondents Nos. 5 and 4, either.3. For arrears of income-tax, the assessees, as at the time, R. P. Bagla, Hindu undivided family karta, B. P. Bagla and H. S. Bagla, the Hindu undivided family karta, S. N. Bagla, were defaulters with the result that their immovable property situate at Kanpur, being s...
Amar Chand Agrawal and ors. Vs. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Apr-25-1998
Reported in: (2000)159CTR(All)270
Ravi S. Dhavan, J.This petition has been pending in the High Court for almost 15 years. The issues relate to the controversies under the Income Tax Act, 1961, and to a real estate in Kanpur. The first premises on which these who have addressed the court are agreed and not at issue is that the cause will be seen as when it was brought to the court, on this aspect the law is clear in Rameshwar v. Jot Ram : 1983CriLJ1731 .2. On the facts there is not issue between the record as has been presented by the petitioners and the respondents, that is respondents No. 1 and 2, being the Income Tax Department. Barring these parties no other person addressed the court. The court was not addressed by respondents Nos. 3 and 4, either.3. For arrears of income-tax, the assessees, as at the time, R. P. Bagla, HUF Karta, B. P. Bagla and H. S. Bagla, the HUF Karta, S. N. Bagla, were defaulters with the result that their immovable property situate at Kanpur, being several houses, big bungalows and other pro...
Sanjay Kumar and Others Vs. District Judge, Gorakhpur and Another
Court: Allahabad
Decided on: Apr-24-1998
Reported in: 1998(3)AWC1984
D.K. Seth, J. 1. In Civil Suit No. 770 of 1989 initiated before the additional court of learned Munsif at Gorakhpur, four of the plaintiffs were shown as minors without being represented by next friend. An application for amendment was filed on 1.12.1989 where two of the said plaintiffs were shown to be aged about 23 years and 21 years respectively, namely, major while the other two minor plaintiffs were shown to be represented by their next friend Sanjay Kumar. Address of the plaintiffs were also sought to be corrected through said amendment application. In the said amendment application, few more prayers were prayed. Learned Munsif by order dated 4.4.91 had allowed the amendment, against which a revision being Civil Revision No. 97 of 1991 was filed by the defendants which was allowed in part. It is this order which is under challenge by means of this writ petition.2. A preliminary objection was raised as to the maintainability of the writ petition on the ground that the suit being a...
Rajendra Kumar and Others Vs. Lala Shree Chand JaIn and Others
Court: Allahabad
Decided on: Apr-24-1998
Reported in: 1998(3)AWC1990; II(1999)DMC645
O.P. Garg, J. 1. This is defendants' second appeal against the decision dated 16.2.1998 tn First Appeal No. 296 of 1997 decided by Sri M. P. Singh. District Judge, Saharanpur. The said appeal arose out of Suit No. 124 of 1967 which was decreed by Sri R. C. Pande, the then Civil Judge. (Senior Division) on 19.5.1977.2. Heard Sri Murlidhar, learned Senior Advocate assisted by Sri Ran Vijay Singh for the defendants-appellants and Sri Ravi Kiran Jain, learned Senior Advocate, assisted by Sri R. B. D. Misra for the plaintiffs-respondents.3. Sreechand Jain who is adopted son of late Lala Chetan Das instituted a suit against his natural father and mother and 6 real brothers for possession after ejectment from the property, which has been detailed in Schedules 'A' and 'B' of the plaint. Besides the relief of possession, he also sought declaration that he is owner in possession over the properly detailed in Schedule 'C' of the plaint, in the alternative, relief of possession over the said prope...
Dharmendra Kumar Jaiswal Vs. Regional Secretary, Madyamik Shiksha Pari ...
Court: Allahabad
Decided on: Apr-24-1998
Reported in: 1998(4)AWC441
D.K. Seth, J.1. The petitioner's result was cancelled for adopting unfair means in the examination hall during the 1990 High School examination. The petitioner alleges that the authorities had cancelled the result on the ground that he had copied from the answer book of two other students, according to him, who were sitting in a different room than that in which the petitioner was sitting. He also alleges that he was not given proper opportunity. He further contends that even the finding appears to be perverse, therefore, his result should be declared.2. Learned standing counsel, on the other hand, contends that the petitioner was given proper opportunity in the process and the authorities had found that he had adopted unfair means. This being a finding of fact, this Court sitting in writ jurisdiction should not interfere with the same. Whether the petitioner was sitting in one room and the co-students were sitting in another room cannot be ascertained by this Court. But it appears fro...
Ram NaraIn Tewari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-24-1998
Reported in: (1998)3UPLBEC2119
D.K. Seth, J.1. The petitioner alleges that he was appointed in the post of Tax Recovery Clerk for the period 7.10.1989 till 15.11.1990 by the Town Area Committee, Jhinjhak, District Kanpur Dehat which has been so certificated by the said committee in Annexure-1 to the writ petition. Thereafter he was again appointed for the period between 1.2.1991 till 9.10.1991 which is so certificated by Annexure-2. He refers to another certificate dated 27.9.1991 whereby it has been certified that the petitioner had been working from 1.2.1991 till date which is Annexure- 3. Relying on this certificate he contends that he had been working till the date of moving the writ petition.2. In paragraph 5. the petitioner points out that he was given a cheque for Rs. 3920/- stating that this was his entire salary due and he was informed that he was no more required for any work. It is contended that the petitioner is being refused to work since then. In this background he claimed that he had worked more than...
Dwarika Nath Dubey Vs. Director of Education (Madhyamik) and Others
Court: Allahabad
Decided on: Apr-23-1998
Reported in: 1998(3)AWC1710
O.P. Garg, J.1. This first appeal from order is directed against the order dated 24.3.1998 passed by Sri K. N. Ojha. District Judge, Bhadohi at Gyanpur allowing Civil Appeal No. 3 of 1997 and directing the trial court to decide the suit on merits as cause of action survives against Dwarika Nath Dubey, the present appellant who is said to be acting as Manager of the Committee of Management, Sri Kashi Raj Maha Vidyalaya Inter College, Aurai, Bhadohi.2. Heard Sri A. P. Sahi, learned counsel for the defend ant-appellant and Sri G. N. Verma, learned counsel for the plaintiff-respondent.3. Suit No. 245 of 1995 was dismissed by the trial court on the application, paper No. 271C, moved by the defendant--Ram Achal Dubey (since deceased) by invoking the provisions of Order VII, Rule 11. C.P.C. on 23.11.1996. The plaintiff-respondent filed Civil Appeal No. 3 of 1997, which was allowed by the impugned order dated 24.3-1998. Application No. 271Cwas rejected and the case was remanded with the direct...
S.K. Sahani Vs. General Manager (Personnel and Management Services), U ...
Court: Allahabad
Decided on: Apr-23-1998
Reported in: (1998)2UPLBEC1495
Sudhir Narain, J.1. This writ petition is directed against the order dated 6.4.1984 passed by Assistant General Manager (Personnel Department), United Bank of India, respondent No. 2, imposing punishment on the petitioner of withholding one increment permanently and the order passed by the Appellate Authority, respondent No. 1, dated 15.4.1993, affirming the said order in appeal and the order of respondent No. 3 dated 24/28.6.1994, partly allowing the review application filed by the petitioner.2. The facts in brief are that the petitioner was appointed as clerk in the erstwhile Hindustan Mercantile Bank Ltd., Kanpur on 4th October, 1973. The liabilities of Hindustan Mercantile Bank Ltd., Kanpur were taken over by the United Bank of India on 22.12.1973. In the year 1975 the petitioner was posted as an officer in the Nayaganj Branch, United Bank of India, Kanpur. A First Information Report under Section 120B read with Sections 420, 467, 468 and 471 of the Indian Penal Code and Sections 5...
Vinod Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-23-1998
Reported in: 1998CriLJ4655
P.K. Jain, J.1. These two writ petitions have been filed by petitioners Vinod and Sunder respectively challenging the orders dated 8-5-1997 (separately against each of the petitioners) directing their detention under Section 3(2) of the National Security Act. The petitioners have prayed for issue of a writ in the nature of habeas corpus directing them to be released forthwith.2. Petitioner Vinod surrendered before the C.J.M., Meerut on 5-5-1997 in case crime No. 163/97, under Sections 302/376 and 323, IPC, P.S., Sardhana, Meerut and he was taken into custody and thereafter sent to district Jail, Meerut. Petitioner Sunder was arrested in connection with the aforesaid case crime No. 163/1997 on 22-4-1997 and was detained in district jail in connection with the aforesaid case.3. While both the petitioners were in jail in connection with the aforesaid case crime No. 163/ 1997, under Sections 302/376 and 323, IPC, P.S. Sardhana, district Meerut, the impugned orders dated 8-5-1997 passed sep...
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