Allahabad Court October 1999 Judgments
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Commissioner of Wealth Tax Vs. Anil Kumar Agarwal
Court: Allahabad
Decided on: Oct-14-1999
Reported in: [2001]246ITR93(All)
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 15-10-1980, passed by the said Tribunal in wealth tax Appeals Nos. 515 and 516 (Del) 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 ?'2. We have heard Sri Prakash Krishna, learned counsel for the Commissioner. No one appeared on behalf of the assessee-respondent.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 assessee. The ...
Allahabad University Teachers Association, Allahabad and Others Vs. Ch ...
Court: Allahabad
Decided on: Oct-13-1999
Reported in: 2000(1)AWC42; (2000)1UPLBEC350
A. A. Desai, J.1. The petitioner No. 1 is an Association of Teachers of the Allahabad University. Petitioner Nos. 2 and 3 are members of the Association. They have questioned the constitutionality of various provisions under Section 12 of the U.P. State Universities Act. 1973 (hereinafter referred to as 'the Act').2. In ultimate submission. Dr. R. G. Padia, the learned counsel for the. petitioners, confined the challenge to sub-clause (c) of sub-section (2) of Section 12 of the Act. Section 12 reads thus :The Vice-Chancellor.--(1) The Vice-Chancellor shall be whole-time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (5) or sub-section (10) from amongst the persons whose names are submitted in accordance with the provisions of sub-section (2).(2) The Committee referred to in sub-section (1) shall consist of the following members, namely :(a) one person (not being a person connected with the University, an Institute, a consti...
Committee of Management, Abdus Salam Muslim Girls Inter College, Bhatt ...
Court: Allahabad
Decided on: Oct-13-1999
Reported in: 2000(1)AWC37; (2000)1UPLBEC722
A. K. Yog, J.1. This case as fresh has come up by nomination by the Hon'ble the Chief Justice.2. Respondent No. 2, appeared as 'Caveator' and has filed counter-affidavit in the writ petition. Petitioner has filed rejoinder-affidavit to it.3. All the respondents are represented. Standing counsel does not propose to file counter-affidavit as the question raised by the petitioner is based on interpretation of statutory provisions.4. Writ petition is, therefore, decided finally at admission stage.5. The petitioner. Committee of Management. Abdus Salam Muslim Girls Inter College Bhatee Street. Moradabad. is aggrieved against an order dated July 31. 1999 (Annexure-7 to the writ petition) whereby the District Inspector of Schools refused to accord approval to the resolution of suspension passed against respondent No. 2 (Md. Ayas)--Head Clerk in the college, on the ground that requisite papers were not submitted within seven days under Section 16G and Regulation 39 (1) and (2) of Chapter III o...
Smt. Kastura Devi and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-13-1999
Reported in: 2000CriLJ2851
M.C. Jain, J.1. The appellants in this appeal are Kastura Devi and Masantu who have preferred the same from jail. The appeal is directed against the judgment and order dated 14-9-1995, passed by Sri R.P. Singh, the then Sessions Judge. Tehri Garhwal in Sessions Trial No. 32 of 1994. Both the accused-appellants have been convicted under Section 302 read with Sections. 34 and 201 I.P.C. Each of them has been sentenced to undergo life imprisonment under Section 302 read with 34 I.P.C. and four years rigorous imprisonment under Section 201 I.P.C. Both the sentences have been ordered to run concurrently.2. The prosecution case, as unfolded by F.I.R. and the evidence, may be stated briefly. The complainant Hayat Singh P.W.3 is the cousin of the father of deceased Sohan Singh. The deceased was the step son of accused-appellant Kastura Devi and the order accused-appellant Masantu was said to be her paramour. The incident took place on 10-5-1994 at about 6.30 P.M. in village Makhod Namitok. Pat...
Shiv Raj Singh and Others Vs. Board of Basic Education, U.P. Allahabad ...
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC20
V. M. Sahai, J. 1. The petitioners appeared in BTC entrance examination conducted by the State Government. They were selected and did their training course from District Institute of Education and Training, Mathura. During the session 1996-98 all the petitioners were successful and were awarded BTC training certificates. On 18.12.1998 the Basic Shiksha Adhikari, Mathura, issued an advertisement inviting applications for appointment as BTC teacher for recruitment in the district. The petitioner applied as they had done their BTC training course. Their names were included in the list. However, no appointment was given to the petitioners, therefore, they represented on 18.5.1999 before the Principal, District Institute of Education and Training. Mathura. The principal made of queries from the Basic Shiksha Adhikari and from the report Annexure-6 to the writ petition, it is clear that there were 148 posts of Assistant teachers in Junior Basic Schools of the district Mathura. In addition to...
Harish Chandra Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC45
O. P. Garg, J.1. These are three connected writ petitions, raising common questions of fact and law and, therefore, they are being disposed of by this common judgment. Harish Chandra-Petitioner was appointed as clerk-cum-Cataloguer on 10th March, 1980. He was posted in Government Public Library. Allahabad. On 4.6.1994, he was transferred from Allahabad to Rajkiya Mahila Maha Vidyalaya. Banda, in the capacity of clerk. The petitioner dubbed the same as an order reverting him from the post of clerk-cum-cataloguer to clerk. According to the petitioner in the absence of any Rules governing the service conditions of the petitioner. Government orders issued from time to time were applicable in his case. The petitioner was clerk-Cataloguer in the pay scale of Rs. 950-1.500. which was upgraded to the pay scale of Rs. 1.200-2.040 by Government order dated 19.8.1989 and the nomenclature of the post was changed from that of clerk-cum-cataloguer to Cataloguer. A copy of G. O. dated 19.8.1989 is An...
Rajendra Kumar Chaudhary Vs. Asharfi Alias Munni and Others
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC81
D.K. Seth, J.1. Mr. Sharad Malviya, learned counsel for the applicant has assailed the impugned order dated 22nd May, 1999 passed by the learned Additional District Judge, Moradabad in Misc. Case No. 25 of 1998 arising out of M.A.C. Case No. 9 of 1995 which was decreed ex parte on 13th November. 1998. The petitioner having filed an application for setting aside the ex parte decree, the same was registered as Case No. 25 of 1998 which had since been allowed by the impugned order dated 25th May, 1999 directing the petitioner to deposit half of the decretal amount in the Court within 30th May, 1999. In the said order, date 3rd July. 1999 was fixed for proceeding with the case. The restoration was subject to deposit of half of the decretal amount. Mr. Malviya has challenged that part of the order by which the order dated25th May, 1999 was made conditional to the deposit of half of the decretal amount. He contends that the expression used in Order iX, Rule 13 does not contemplate deposit of...
Suneeta Tewari Vs. U.P. Council of Agricultural Research and Others
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC110
A.S. Gill and Dev Kant Trivedi, JJ.1. In the present petition Dr. (Smt. Suneeta Tewari has challenged the appointment of Dr. Raj veer Sfngh Rathore on the post of Assistant Director General of the respondent No. 1 U. P. Council of Agricultural Research (hereinafter referred to as the 'Council'). The petitioner has prayed for a writ of certiorarl quashing the order of appointment of the respondent No. 3 and a writ of mandamus to the Council respondent No. 1 and its Director General respondent No. 2 to consider and promote the petitioner to the post of Assistant Director General and in the alternative not to fill in the vacancy of the post of Assistant Director General without observing the due process of selection.2. The case of the petitioner is briefly narrated below.3. The petitioner is a Scientific Officer in the discipline of Agronomy with effect from 2nd July, 1991 having been appointed directly on the recommendation of the selection committee constituted by the Council respondent...
Smt. Lakshmi Devi Vs. Smt. Lata Singh and Another
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC160
Sudhir Narain, J. 1. Smt. Lakshmi Devi has filed this petition for grant of letters of administration to her in respect of the estate of the deceased Lal Bahadur Singh on the allegation that she is widow of Lal Bahadur Singh who expired on 20.8.1996 leaving behind her and Rajendra Singh, his son. Lal Bahadur Singh was having illicit relationship with one Lata Singh who was a teacher in the Institution where the deceased was Principal and out of this relationship one son, namely, Amit Kumar Singh and one daughter, namely, Km. Vijai Shri Singh were born. Lata Singh filed a caveat. She alleged that Lakshmi Devi is not widow of Lal Bahadur Singh but, in fact, she is wife of one Hanuman Prasad and the caveator was legally married to Lal Bahadur Singh. He died leaving behind him, his only son Amit Kumar Singh. The deceased had executed a Will on 11.10.1995 whereby he bequeathed all his properties, both moveable and immovable, to his son Amit Kumar Singh.2. On the pleadings of the parties, si...
Dukchhor Singh Vs. Director of Education, Allahabad and Others
Court: Allahabad
Decided on: Oct-12-1999
Reported in: 2000(1)AWC263; [2000(84)FLR854]; (1999)3UPLBEC2387
A. K. Yog, J. 1. Impugned order dated 28th February, 1997, passed by Deputy Director of Education (Secondary) on behalf of Director of Education. U. P., copy of which has been filed as Annexure-6 to the writ petition, directed Regional Joint Director of Education, U. P. not to apply and extend benefit of Government Order dated 10th December, 1973 (Annexure-3 to the writ petition) for fixation of salary in the case of those Assistant Teachers in L.T. grade who were appointed on the ground of being 'retrenched employee' vide Director's letter dated 18th October, 1996. By means of this impugned order, Director of Education (Secondary), U. P. directed that earlier letter of the Directorate dated 18th October, 1996, shall be kept in abeyance and not given effect to. 2. A counter-affidavit has been filed on behalf of respondent, but there is no indication as to what has been done by the Director of Education after passing impugned order dated 28th February, 1997.3. Learned standing counsel i...
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