Allahabad Court January 1999 Judgments
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Indian Oil Corporation Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jan-20-1999
Reported in: [2000]118STC15(All)
M.C. Agarwal, J.1. These two revision petitions Under Section 11 of the U.P. Trade Tax Act, 1948 are directed against a common order dated March 29, 1990 passed by the Sales Tax Tribunal, Agra and pertain to assessment years 1982-83 and 1984-85 under the U.P. Sales Tax Act.2. I have heard Sri Bharat Ji Agrawal, learned counsel for the revisionist and Sri Surya Prakash, learned Standing Counsel for the Commissioner.3. The only point pressed in these revision petitions is about the classification of a commodity known as 'water methanol mixture' produced by the revisionist, Indian Oil Corporation Ltd. The department's contention was that it was methyl alcohol taxable as such while according to the assessee it was a different commodity than methyl alcohol and was taxable as unclassified item.4. Water methanol mixture is a product which is used as fuel for boosting the power of aircraft engines at certain stages. It is produced by a special technology by mixing water in methyl alcohol in th...
Panchoo Vs. Collector/District Magistrate, Gorakhpur and Others
Court: Allahabad
Decided on: Jan-18-1999
Reported in: 1999(1)AWC817
M. Katju and S. L. Saraf, JJ.1. Heard learned counsel for the petitioner and learned standing counsel.2. The petitioner has challenged the impugned order of the District Magistrate, Gorakhpur dated 30.12.1998, Annexure-11 to the writ petition.3. The petitioner was granted fishery lease which expired in 1997 and he claimed that the same was renewed in his favour by order dated 3.12.1997. We have held in a large number of Division Bench decisions that a fishery lease cannot be renewed vide 1998 RD 385, Writ Petition No. 39985 of 1987 decided on 27.10.1098, Murari v. State of U. P., etc.4. Shri Swaraj Prakash, learned counsel for petitioner has relied upon the decision of a Division Bench of this Court. Ajai Singh v. State of U. P., 1997 (88) RD 157, and the decision in Gram Panchayat v. Collector, 1997 (3) AWC 1665. In our opinion, these decisions are distinguishable as they have not dealt with Article 19(1)(g) of the Constitution. Article 19(1)(g) states that every citizen has freedom t...
Committee of Management, Junior High School, Rosangpur, Auraiya Vs. Ba ...
Court: Allahabad
Decided on: Jan-18-1999
Reported in: 1999(1)AWC833
R.H. Zaidi, J. 1. By means of thispetition, petitioner prays for issuanceof a writ, order or direction in thenature of certiorari quashing theimpugned order dated 27.11.1998,whereby the respondent No. 1, theBasic Shiksha Adhikari,Etawah/Auraiya, disapproved theresolution passed by the petitioner-Committee of Management of JuniorHigh School, Rosangpur, Auraiya, toterminate the services of respondentNo. 2, Shri Brijesh Kumar Dwivedi asAssistant Teacher in the said school.2. It appears that Shri Brijesh Kumar Dwivedi, the respondent No. 2, was appointed as Assistant Teacher in the aforesaid Junior High School on 14.8.92. His appointment was also approved by the Basic Shiksha Adhikari. Subsequently S/Shri Ram Naresh Pandey and Jagdish Naraln Shukla, who were also candidates for appointment on the aforesaid post, made complaints against respondent No. 2, on the basis of which after making preliminary inquiry, the respondent No. 2 was placed under suspension vide order dated 25.6.1997 by the...
Mechanical Department, Primary Co-operative Bank Ltd., N.E.R., Gorakhp ...
Court: Allahabad
Decided on: Jan-18-1999
Reported in: 1999(1)AWC900; (1999)1UPLBEC566
O.P. Garg, J.1. The petitioner No. 1, Mechanical Department, Primary Co-operative Bank Limited, N.E. Railway, Gorakhpur [hereinafterreferred to as 'the Bank') is a Multi-State Co-operative Society governed by the provisions of the Multi-State Cooperative Societies Act, 1984 (hereinafter referred to as 'the Act'1 and the rules framed thereunder. it is admittedly a non-notified society and is run and managed by a Board of Directors who are elected by the delegates. There is, therefore, two tier system of election, i.e.. firstly, the delegates are elected to represent their respective branches of the society and then the Board of Directors of the Bank are elected. The term of the Board of Directors is three years. The Chief Mechanical Engineer of North Eastern Railway is the ex-officio President of the Bank. Deputy Chief Mechanical Engineer, or for that matter, any other person, nominated by the Chief Mechanical Engineer is to act as ex-officio Vice Chairman.2. A Board of Director was dul...
Akhil Bhartiya Manav Kalyan Samiti Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-18-1999
Reported in: 1999(1)AWC910
M. Katju and S. L. Saraf, JJ.1. Heard Sri Irshad All for the petitioner and Sri Ashok Mehta, learned Chief Standing Counsel for the respondents.2. This application has been filed for a prayer that the direction of the Court dated 16.12.1998 in the present writ petition and the Judgments dated 10.3.1998 and 25,3.1998 in Writ Petition No. 5733 of 1998 as well as the judgment dated23.12.1998 in Writ Petition No. 44707 of 1998 should be complied with. The case relates to lotteries. We had given a Division Bench decision on 10.3.1998 in Writ Petition No. 5733 of 1998 banning all lotteries in U. P. of all State Governments. Thereafter we passed another Division Bench decision on the review application in the same writ petition on 25.3.1998 in which we disagreed with the decision of the Gauhati High Court dated 16.1.1998 by which the Gauhati High Court held that the Lotteries Ordinance was unconstitutional. Surprisingly, despite these two Division Bench decisions, the Lucknow Bench of this Co...
Ram Milan Shukla and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-15-1999
Reported in: 1999(1)AWC723
M. Katju, J. 1. This writ petition had been filed as a public Interest litigation for quashing the impugned order/notification dated 9.11.1998 and 5.9.1997 Annexures-1 and 13 to the writ petition. By the notification dated 5.9.1997. the State of U. P. has passed an order under Section 11 ofthe U. P. Land Revenue Act creating a district called Sant Kabir Nagar which has been carved out of district Basti.2. In this case on 24.11.1998, this Court granted one month's time to learned standing counsel to file counter-affidavit but no counter-affidavit was filed. Hence we presume the allegations in the writ petition to be correct and are disposing of the writ petition finally.3. In our opinion, there is, no doubt, power in the State Government to create a district by virtue of Section 11 of the U. P. Land Revenue Act, but this power like any other administrative power, cannot be exercised arbitrarily. It is settled by a series of decisions of the Supreme Court, e.g. Barium Chemicals Ltd. v. C...
Prakash Chandra Walia Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-15-1999
Reported in: (1999)1UPLBEC547
S.C. Verma, J.1. The petitioner has claimed for relaxation in his educational qualifications for being given L.T, Grade. The petitioner posseses the requisite qualifications for an Assistant Teacher in L.T. Grade for the subject of Arts with the recognised educational institutions. The institution at which the petitioner was initially appointed was later on recognised as a Government institution and his services continued at the recognised Government institution, but he was provided. C.T. Grade instead of L.T. Grade. The petitioner has represented for relaxation in his qualifications by means of his latter dated 19-6-1987. The case of the petitioner was also recommended by the State Government to the Director of Education for grant of relaxation vide its letter No. 1004/15-2-94-36 (1997/89), dated 7-4-1994, but no action was taken. The petitioner has approached this Court for necessary directions to the respondents to give relaxation in his educational qualifications and treat his appo...
Ram Bilas Tewari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-13-1999
Reported in: 1999(1)AWC732
D. K. Seth, J.1. Pursuant to a Government Order dated 22.11.1993, the petitioner was absorbed in the service of the Government protecting his salary to the extent of last pay which he was receiving while employed in the Gorakhpur Mandal Vikas Nigam Limited which alleged to have been wound up. The petitioner had moved a Writ Petition No. 6483 of 1998 along with three other persons claiming the relief of fixation of salary on the basis of last pay drawn by htm in the Nigam. The said writ petition was disposed of by an order dated 27.2.1998 which is Annexure-8 to the writ petition. It appears from the said order that an additional grievance was also raised in the writ petition to the extent that the arrears withheld by the Nigam is a liability of the State Government where the petitioner has been absorbed for which the petitioner has made a representation which was directed to be considered by the said order without recording any observation with regard to the entitlement of the petitione...
Ram Bilas Tewari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-13-1999
Reported in: (1999)2UPLBEC945
D.K. Seth, J.1. Pursuant to a Government order dated 22-11-1993 the petitioner was absorbed in the service of the Government protecting his salary to the extent of last pay which he was receiving while employed in the Gorakhpur Mandal Vikas Nigam Limited which is alleged to have been wound up. The petitioner had moved a Writ Petition No. 6483 of 1998 along with three other persons claiming the relief of fixation of salary on the basis of last pay drawn by him in the Nigam. The said Writ Petition was disposed of by an order dated 27-2-1998 which is Annexure-8 to the Writ Petition. It appears from the said order that an additional grievance was also raised in the Writ Petition to the extent that the arrears withheld by the Nigam is a liability of the State Government where the petitioner has been absorbed for which the petitioner has made a representation which was directed to be considered by the said order without recording any observation with regard to the entitlement of the petition...
S.K. Singh, District Judge, Barabanki and Others Vs. State of U.P. and ...
Court: Allahabad
Decided on: Jan-12-1999
Reported in: 1999(1)AWC615; (1999)1UPLBEC368
D.S. Sinha, A.K. Banerji, Sudhir Narain, A.K. Chakrabarty and S.K. Phaujdar, JJ.1. The moot point in the above two writ petitions being the same, a challenge to the seniority list dated 6.5.1992 for the members of the Uttar Pradesh Higher Judicial Service.the two matters were heard together and are being disposed of by this single judgment.2. On the presentation of thepetitions, the matters were placed in the usual course before a Division Bench and upon its reference of the whole matter to a Full Bench, as per order dated 30.10.92, a Full Bench was constituted under the orders of the Hon'ble the Chief Justice of the Allahabad High Court, with changes of the Hon'ble Judges constituting the Full Bench from time to time, the matters finally came before us and were heard by us. Arguments on behalf of petitioners in the two matters were advanced by Sri Ravi Kant and Sri Dinesh Dwivedi. Another member of the U. P. Higher Judicial Service (henceforth to be described as the H.J.S.) Sri R.G. S...
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