Allahabad Court October 1999 Judgments

Mst. Rambasi Devi Vs. State of U.P. and Others

Court: Allahabad

Reported in: [2000(84)FLR344]; (2000)1UPLBEC137

V.M. Sahai, J.1. The dispute in this petition is about post retiral benefit of late Sheo Pujan Singh and family pension payable to the petitioner who is his wife. He was appointed on 6.5.1949 in non-regular work charge establishment. On 1.5.1965, he was appointed in regular work charge establishment. He became permanent cleaner w.e.f. 1.4.1975. He was served with a notice on 19.4.1989 that his date of birth being 1.9.1922, he should have retired much earlier but under mistake he has continued, therefore, he wouldretire on 20.4.1989. Sheo Pujan Singh did not challenge the order. He died in July, 1990.2. In paragraph 9 of the counter-affidavit, it is stated that the leave encashment, general provident fund and group insurance, etc., was paid but pension and gratuity could be paid only after it was determined by the competent authority. It further states that a letter was sent to the Chief Accounts Officer for determining pension but it was returned as Sheo Pujan Singh should have retired...

Satyendra Pratap Singh and Another Vs. Allahabad Kshetriya GramIn Bank ...

Court: Allahabad

Reported in: 2000(1)AWC24; (2000)1UPLBEC343

Ravi S. Dhavan and Aloke Chakrabarti, JJ.1. This case relates to the process of promotion of certain section of the staff of Allahabad Kshetriya GramJn Bank which has been sponsored by the Bank of Baroda under the Regional Rural Banks Act. 1976.2. The Court has heard arguments against the Judgment appealed, in Writ Petition No. 13431 of 1988, Ramayan Prasad Shukla and others v. Allahabad Kshetriya Gramin Bank and others it is the judgment dated 1st February. 1993. On behalf of the appellants, arguments were advanced by Mr. S. D. Kautilya, Advocate. On behalf of some contesting respondents, arguments were addressed by Mr. Ashok Bhushan, Advocate. On behalf of the respondent Bank Mr. P. K. Mukerji, Advocate and on behalf of other respondents Mr. P. N. Khare, Advocate were present.3. While arguments have been lengthy, the point involved in this appeal is very short.4. The issue before the Court is not on what criteria is to be adopted for considering the departmental candidates for pickin...

Meena Devi Chaudhary (Smt.) Vs. Chief Engineer, U.P. Public Works Depa ...

Court: Allahabad

Reported in: (2000)2UPLBEC1421

A.K. Yog, J. 1. Petitioner is the widow of Late Sri Kanhaiya Lal Chaudhary. The said Sri Kanhaiya Lal Chaudhary was appointed in May, 1988 as Daily Wager in Public Works Department, Provincial Division, Rudraprayag (Annexure-1 to the writ petition). The said employee worked continuously ever since and died on 30th March. 1992 in the Government Hospital. The petitioner made an application for appointment on compassionate ground under relevant Government order issued under Dying in Harness Rules, 1974 (Annexures 2 and 3 to the writ petition). The petitioner claims to have passed VIIIth Class and had a son aged about 5 at the time of filing writ petition.2. Petitioner, not being given appointment as stated above, she filed this petition. This Court parsed an interim order dated 11.12.95 which reads as follows :'Let an interim mandamus be issued commanding 3rd respondent to either offer appointment to the petitioner under Dying in Harness Rules or show cause by filing counter affidavit wit...

District Co-operative Bank Limited, Deoria Vs. Oriental Insurance Comp ...

Court: Allahabad

Reported in: 2000(1)AWC23

D. S. Sinha and I. M. Quddusi,JJ.1. Heard Ms. Roll Kauscr holding brief of Shrl S. K. Slngh. the learned counsel of the petitioner, and Shri A. B. Saran, the learned Senior Advocate appearing for the respondents.2. By means of this petition under Article 226 of the Constitution of India, the petitioner prays that this Court may issue a writ of mandamus commanding M/s. Oriental Insurance Company, the respondent, to pay to it a sum of Rs. 2,77,643.90. alleged to be due under the Insurance Policy No, 46/88/00002, dated 2.1.89.3. In substance, petitioner wants this Court to enforce the contract of insurance.4. In the opinion of the Court, which is fortified by the decision of the Hon'ble Supreme Court rendered in Life Insurance Corporation of India and others v. Smt. Kiran Sinha, AIR 1985 SC 1265, a writ petition under Article 226 of the Constitution ofIndia is not the appropriate remedy. The remedy of the petitioner lies ets where.5. Under the circumstances, the petition is dismissed summ...

Sahara India Savings and Investment Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Allahabad

1. Since the issue involved in all the aforesaid appeals are common, we, for the sake of convenience proceed to decide all these appeals by this consolidated order.Intt. Tax Appeal Nos. 1 & 2/Alld/1996 (Asst. Yrs :1992-93 & 1993-94 -Sahara India Savings & Investment Corpn. Ltd.): 2. Ground Nos. 1 to 6 of Intt.Tax Appeal No. 1(Alld) of 1996 and Ground Nos. 1 to 4 of Intt.Tax Appeal No. 2(Alld) of 1996 pertains to the issue whether the appellant-company, which is a 'Residuary Non Banking Company', can be brought within the purview of the Interest Tax Act and whether it can be considered a Miscellaneous Finance Company as defined in section 2(5B) & (vi) of the Interest Tax Act, as amended by the Finance (No. 2) Act of 1991.3. We have heard the parties and the brief facts necessary for the decision of the issue are as under : The appellant-company was incorporated on 11th August, 1987 and its main objects are reproduced in para-7 Page 4 of the C.I.T.(A)'s order for the Ass...

Ashok Jain, Adv. Vs. Xiiith Additional District Judge, Agra and Others

Court: Allahabad

Reported in: 2000(1)AWC51; (1999)3UPLBEC2391

Aloke Chakrabarti, J.1. Challenging the order dated 22.5.1999 passed by the learned XIII Additional District Judge. Agra. directing Inspection of ballot papers, this writ petition was filed.2. Admitted background facts are that there was an election for the office of Deputy Mayor of Nagar Nigam, Agra, on 21.6.1998. The petitioner was elected therein. The respondent No. 2 filed election petition challenging the election of the petitioner wherein subsequently an application was filed by the respondent No. 2 for inspection of seven ballots, which were rejected as invalid at the time of counting.3. The respondent No. 2 has filed counter-affidavit and has contested the proceeding.4. Heard Mr. Ravi Kant learned counsel for the petitioner and Mr. Ratnakar Bharti learned counsel for the respondent No. 2 5. The contention of the learned counsel for the petitioner is that as the respondent No. 2 an election-petitioner did not make out any case either showing any illegality either in the pleading...

Meera Singh Vs. State of U.P. and Others

Court: Allahabad

Reported in: 2000(1)AWC341; (2000)2UPLBEC1041

Aloke Chakrabarti, J.1. Therelevant facts stated in the writpetition are that Higher EducationService Commission by itsadvertisement No. 26/98 dated15.8.1998 advertised twenty two postsof Lecturer in Commerce mentioningthat all applicants should possessthe qualification as prescribed by theUniversity Grants Commission and asper the qualification as prescribed bythe State Universities Act. 1973 andthe Statutes and Ordinances framedthereunder. Regulation 3 of the U. P.Higher Education ServiceCommission (Procedure for Selectionof Teachers) Regulations, 1983,provides that the minimum qualifications for appointment as a teacher shall be as given in the Statute, referred to in Section 50 of the U. P. State Universities Act. 1973 (hereinafter referred to as said Act).2. University GrantsCommission by its notification dated5.10.1991 framed Regulations layingdown minimum qualifications for thepost of Lecturer in variousUniversities and their affiliatedcolleges. According to the saidnotification...

Sripal Singh and others Vs. Hon'ble High Court of Judicature at Allaha ...

Court: Allahabad

Reported in: 2000(1)AWC309; (1999)3UPLBEC2339

Aloke Chakrabarti, J. 1. This writ petition was heard along with Writ Petition No. 42000 of 1999, S. K. Bajpayee v. Hon'ble High Court of Judicature at Allahabad.2. The respondent No. 3, the learned District Judge advertised vacancies for recruitment against the posts of Stenographers and other Class III and Class IV posts. After selection in course of said recruitment process, several candidates were given appointment. There were complains against the irregularities and illegalities in the recruitment process. Matter was enquired by Hon'ble Inspecting Judge concerned and the entire recruitment was cancelled upon finding of illegalities in the process of recruitment.3. As a consequence, therespondent No. 2, learned District Judge cancelled appointment of the candidates against Class III and Class IV posts. In this writ petition, the petitioners are those Class III employees and the petitioners in the said other writ petition heard along with this petition are those Class IV employees.4...

Urvashi Talkies Vs. Commissioner of Income-tax

Court: Allahabad

Reported in: [2001]247ITR562(All)

1. By this application under Section 256(2) of the Income-tax Act, 1961, the assessee-applicant prays that the Income-tax Appellate Tribunal, New Delhi, be directed to state a case and to refer the following' questions stated to be of law and to arise out of its order dated November 30, 1995, passed in I. T. A. No. 7164/Del of 1990, for the assessment year 1985-86 for the opinion of this court.'1. Whether the Appellate Tribunal was correct and legally justified to hold that the offer made conditionally only to buy peace constituted concealment exigible to penalty under Section 271(1)(c) of the Act (CIT v. Punjab Tyres : [1986]162ITR517(MP) ) ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in upholding the penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961 (Sohinder Singh and Bros. v. CIT ) ?3. Whether, on the facts and in the circumstances of the case, the assessee's letter containing' conditional offer amounting ...

Wealth-tax Officer Vs. Ram Deen Singh

Court: Allahabad

Reported in: (2001)166CTR(All)427; [2001]248ITR668(All)

1. The Income-tax Appellate Tribunal, Allahabad, has stated a case and referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the agricultural land in village Kotia Tehsil Bindki, District Fatehpur, belonged to the undivided family of the assessee and not to the assessee in his individual capacity ?'2. We have heard Shri Prakash Krishna, learned counsel for the Commissioner, and Shri Bharat Ji Agarwal, senior advocate for the assessee-respondent.3. The assessee is an individual and an assessment on him under the Wealth-tax Act was made for the assessment year 1971-72 as an individual. The total wealth was determined at Rs. 1,91,680. In that year net wealth up to Rs. 1,50,000 was not taxable. The net wealth of the assessee included agricultural land valued at Rs. 1,95,000, which according to the assessee, did not belong to him as an individual but was the property of h...