Allahabad Court October 1999 Judgments
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Chandrika Prasad Gupta and Others Vs. State of U. P. and Others
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000(2)AWC960
A. K. Yog, J. 1. Chandrlka Prasad Gupta and ten others have filed this writ petition under Article 226, Constitution of India. Being aggrieved against Circular Letter dated October 19. 1989 (Annexure-10 to the writ petition) whereby Director of Education, U. P. (Secondary) vide Paragraph 3 of the said letter informed educational authorities that earlier Government Order dated October 4, 1989 granting revised pay scale to the teachers and other employees of recognised institution under the U. P. Intermediate Education Act, 1921 (as amended up-to-date) shall not be applicable in the case of those institutions, which were exempted under Section 13 of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act. 1971 (for short called 'Act, 1971').2. Petitioners claim to be the lecturers duly appointed and working in the recognised institution, called 'Cement Factory Inter College. Churk', District Sonebhadra (called 'College'), Petition...
Commissioner of Wealth-tax Vs. Anil Kumar Aggarwal
Court: Allahabad
Decided on: Oct-14-1999
Reported in: [2000]246ITR93(All)
1. The Income-tax Appellate Tribunal, Delhi Bench-C, has, at the instance of the Commissioner of Wealth-tax, referred under Section 27(1) of the Wealth-tax Act, 1957, the following question, stated to be of law and to arise out of an order dated October 15, 1980, passed by the said Tribunal in Wealth-tax Appeals Nos. 515 and 516 (Delhi) of 1979, for the opinion of this court :'Whether the Income-tax Appellate Tribunal was legally correct in holding that the assessee was entitled to the deduction under section 5(1)(iv) of the Wealth-tax Act in respect of his 1/5th share in the association of persons Mahavir Glass Works in respect of the value of immovable 'properties owned by the said association of persons ?'We have heard Sri Prakash Krishna, learned counsel for the Commissioner. No one appeared on behalf of the assessee-respondent.2. Under Section 5(1)(iv) of the Wealth-tax Act, a house property or part of a house belonging to the assessee was not includible in the net wealth of an as...
Geeta Pump (Private) Limited Vs. District Judge and ors.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: AIR2000All58
ORDERD.K. Seth, J. 1. This petition was filed by M/s. Geeta Pump (Private) Limited for quashing the order dated 5th May, 1988 contained in Annexure 28 to the writ petition passed by the learned District Judge, Saharanpur in Civil Appeal No. 32 of 1988. By the said order, the learned District Judge had rejected the petitioner's application for modification of the order dated 23rd April, 1998 passed in the appeal staying further proceedings of Execution Case No. 41 of 1998 arising out of the decree appealed against. In connection with the writ petition, an application for grant of interim order of stay was moved on behalf of the petitioner. The said application was opposed on behalf of the respondents. After hearing Mr. Ravi Kiran Jain, counsel for the petitioner and Mr. Sudhir Agarwal, counsel for the respondents, by an order dated 28th May, 1998, an interim order was passed as would be apparent from the said order dated 28th May, 1998 while calling for the records of as many as nine su...
Engineering Kamgar Union Vs. Deputy Labour Commissioner and anr.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: (2000)1UPLBEC889
S.K. Phaujdar, J.1. The present matter was heard alongwith 3 more writ petitions bearing Nos. 33093 of 1998, 13086 of 1999 and 4333 of 1999. The dispute in question is between the Engineering Kamgar Union (in short 'union') and M/s. Electro Steel Casting Ltd. in short 'employer').2. The present writ petition (38838 of 1998) has been initiated by the union against a notice dated 21-9-1998 intimating closure of the employer's industry at Ghaziabad w.e.f. 23-9-1998. On the presentation of the Writ Petition on 23-11-1998, the Court directed issuance of notice on the employer and stayed the operation of the disputed notice.3. Writ Petition No. 4333 of 1999 was filed by the employer against the orders dated 26-10-1998, 10-12-1998 and 8-1-1999 recorded by the Dy. Labour Commissioner, Ghaziabad. These orders are in Annexures 9, 14 and 15 to the writ petition. By the first mentioned order, the Dy. Labour Commissioner had issued recovery certificate and requested the Collector, Ghaziabad to proc...
Electro Steel Castings Limited Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: (2000)1UPLBEC651
S.K. Phaujdar, J.1. The present matter was heard alongwith 3, more writ petitions bearing Nos. 33093 of 1998, 13086 of 1999 and 4333 of 1999. The dispute in question is between the Engineering Karmgar Union (in short function) and M/s. Electro Steel Casting Ltd., (in short 'employer').2. The present writ petition (38338 of 1998) has been initiated by the union against a notice dated 21.9.1998 intimating closure of the employer's industry at Ghaziabad w.e.f. 23.9.1998. On the presentation of the writ petition on 23.11.1998, the Court directed issuance of notice on the employer and stayed the operation of the disputed notice.3. Writ Petition No. 4333 of 1999 was filed by the employer against the orders dated 26.10.1998, 10.12.1998 and 5.1.1999 recorded by the Dy. Labour Commissioner, Ghaziabad. These orders are in Annexures 9, 14 and 15 to writ petition. By the first mentioned order, the Dy. Labour Commissioner had issued recovery certificate and requested the Collector, Ghaziabad to pro...
Udai Veer Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000CriLJ1363
O.P. Garg, J.1. The principal contention urged for the petitioner Udaiveer Singh son of Shyam Singh, Resident of village Badhal Khurd, P.S. Kotwali, district Muzaffarnagar relates to the of repeated question that the ground of detention has no nexus to the 'public order', but is purely a matter of 'law of order'. In order to appreciate this contention, it is necessary to disclose the facts as have been unfolded from the grounds accompanying the order of detention dated 16-6-1999 passed by the District Magistrate-respondent No. 2 under the provisions of Section 3(2) of National Security Act (Act No. 65 of 1980) (hereinafter referred to as 'the NSA') served on the petitioner while he was in jail, in connection with case crime No. 204 of 1999, under Section 302, I.P.C., P.S. Civil Lines, Muzaffarnagar.2. On 9-5-1999, at 10.30 a.m., the present petitioner and his two nephews Amar Veer Singh and Param Veer Singh, murdered one Ravindra Kumar Malik at his residence in Civil Lines Muzaffarnaga...
Sanjai Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000CriLJ1683
O.P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, the petitioner-Sanjay Singh son of Sri Kamlesh Singh alias late Kamala Singh resident of Mohalla Azad Nagar, P.S. Kherabar, district Gorakhpur, who has been detained under Section 3(3) of the National Security Act, 1980 (for short 'NSA') challenges the order dated 20-6-1999 clamped by the District Magistrate, Gorakhpur-respondent No. 2.2. Counter and rejoinder affidavit have been exchanged. Heard Sri S.P.S. Raghav, learned counsel for the petitioner, Sri Arvind Tripathi learned A.G.A. on behalf of the State of U.P. and Sri Jawahar Lal Bharti. Additional Standing Counsel on behalf of the Union of India.3. To begin with, it may be mentioned that Sri S.P.S. Raghav, learned counsel for the petitioner has not challenged the detention of the petitioner on the ground of infraction of any procedure with regard to the approval/confirmation of the order of detention by the State Government or the delay...
Triveni Sheet Glass Works Limited Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000(120)ELT313(All)
ORDERM.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner prays for the following reliefs :'i. Writ Order or direction in the nature of certiorari quashing the orders of the Assistant Collector, Central Excise, Allahabad dated 29-6-1981 and 30-6-1981 on the price list Nos. 1 of 1980 and 1 of 1981 (Annexure V & VI).ii. Issue writ order or direction in the nature of mandamus directing the Assistant Collector Central Excise, Allahabad to approve the price lists as submitted by the petitioner excluding the cost of packing.iii. Issue writ order or direction declaring Section 4 of the Central Excises and Salt Act to be ultra vires the legislative competence of the Parliament and/or to be ultra vires Section 3 of Act, which is the charging section.iv. Issue writ order or direction restraining the respondents not to demand the excise duty on the cost of packing for the period form 19-6-1980 to 1-3-1981 and 2-3-1981 to 30-6-1981.v. Issue writ order ...
Zamir Ahmad Vs. Government of India and ors.
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000CriLJ2261
V.K. Chaturvedi, J.1. By means of this Habeas Corpus petition, the petitioner, Zahir Ahmad has challenged his detention order dated 6-4-1999 passed by respondent No. 3, District Magistrate, Rampur under Section 3(2) of the National Security Act and his continued detention thereunder.2. We have heard Sri D.S. Mishra and Sri N.I. Jafri, learned counsel for the petitioner, Sri Mahendra Pratap Singh, learned A.G.A. and Sri N.K. Pandey, learned counsel representing Union of India, respondent No. 1.3. Learned counsel for the petitioner has challenged the continued detention of the petitioner as illegal on the ground of inordinate delay on the part of the Central Government in deciding the representation of the petitioner. Learned counsel for the petitioner submitted that the representation of the petitioner was sent on 18-4-1999 by the Jail Superintendent, Rampur, and the same was admittedly received by the Central Government on 21-4-1999. On the basis of the said representation filed by the...
Ajit Singh and ors. Vs. State
Court: Allahabad
Decided on: Oct-14-1999
Reported in: 2000CriLJ4967
G.P. Mathur, J.1. This appeal has been preferred by Ajit Singh and Ashok Singh against their conviction under Sections 302/34, I.P.C. and sentence of imprisonment for life recorded by the judgment and order dated 2-9-1980 of 1st Additional Sessions Judge, Etawah, in S.T. No. 210 of 1978. The C.J.M. Etawah, has given a report dated 16-8-1999 that appellant No. 2 Ashok Singh has died. The appeal preferred by him is therefore, abated.2. The case of the prosecution, in brief, is that an alarm watch of P.W. 5 Hawaldar Singh was stolen on the Diwali day in the year 1976. The deceased-Than Singh who was resident of the same village had gone to the flour mill of Babu Ram in village Bhoglpura on the next day for the purpose of getting his wheat grinded. Babu Ram informed him that the accused-Ajit Singh and Ashok Singh had come to his place and had sold him an alarm watch for Rs. 18/-. He further informed him that he had not paid the money to the aforesaid persons but had promised to pay them af...
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