Allahabad Court November 1999 Judgments
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Union of India and Another Vs. Vth Additional District Judge, Agra and ...
Court: Allahabad
Decided on: Nov-19-1999
Reported in: 2000(2)AWC965
Yatindra Singh, J.1. The sole question involved in the writ petition is, whether the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 (the Act) is applicable to the building let out to the Central Government. This is how it arises.FACTS2. The respondent Nos. 3 to 6 are the landlords of the premises in dispute. They filed an application for eviction of the petitioner under Section 21(1) (a) of the Act. This application was allowed by the Prescribed Authority on 13.1.1997 (Annexure-2 to the writ petition) holding that the need of the landlord is bona fide and greater hardship will occasion to him in case his application is rejected. The petitioners' appeal was dismissed on 11.8.1999. Hence the present writ petition.THE ACT IS APPLICABLE3. The counsel for the petitioner has submitted that application under Section 21 (1) (a) of the Act is not maintainable, as the Act does not apply to a building let out to the Central Government. He also relies upon a Supreme Cou...
Heera Mani Tiwari and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-19-1999
Reported in: 2000CriLJ4960
M.C. Jain, J.1. This criminal appeal was filed by eight appellants : (1) Hira Mani Tiwari, (2) Sri Pal Singh, (3) Awadhesh Singh, (4) Tej Pratap Singh, (5) Yogendra Singh, (6) Surya Mani Tiwari, (7) Raja Ram Tiwari, and (8) Satya Narain Dhar Dubey against the judgment and order dated 24-2-1992 passed by Sri R. P. Singh, IInd Additional Sessions Judge, Mirzapur in Sessions Trial No. 349 of 1982 and 350 of 1982 which were tried together and had been consolidated, treating Sessions Trial No. 349 of 1982 as the leading case. They came to be decided by the impugned judgment. All the appellants named above were convicted under Sections 302/149,I.P.C. and Sections 307/149, I.P.C. The appellants-Hira Mani Tiwari, Surya Mani Tiwari, Sri Pal Singh, Raja Ram Tiwari and Awadhesh Singh were also convicted under Section 148, I.P.C. and remaining of the appellants under Section 147, I.P.C. the appellants-Surya Mani Tiwari was further convicted under Sections 25/27 of the Arms Act. The sentences passe...
Kalu Ram Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-18-1999
Reported in: 2000(1)AWC509; (2000)1UPLBEC85
M. Katju and D. R. Chaudhary,JJ.1. Heard learned counsel for the petitioner and learned standingcounsel.2. The petitioner is challenging the impugned termination order dated7.4.99 (Annexure-12 to the writ petition). The petitioner was appointed in the year 1963 as Junior Engineer in Minor Irrigation Department. Uttar Pradesh Government. At the time of termination of service, he was working as Executive Engineer. Thus, the petitioner has put in about 36 years service. Now the impugned termination order dated 7.4.99 has been passed in which it has been stated that the petitioner did not possess a Diploma from a recognised institution and hence his initial appointment in the year 1963 was Illegal. The Diploma, which the petitioner has is from Asia Engineering Institute, New Delhi and it is alleged that this body is not recognised by the Central or State Government.3. In our opinion, it is not open to the respondents to suddenly wake up after a gap of 35 years and declare that the petition...
Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and Others
Court: Allahabad
Decided on: Nov-18-1999
Reported in: 2000(2)AWC973; [2000(85)FLR393]
Bhagwan Din, J. 1. This Special Appeal has been preferred against the judgment and order passed by single Judge dismissing the Writ Petition No. 13165 of 1996 on the ground that there is no provision of counting the intervening period from the date of discharge to the date of re-enrolment towards qualifying serviceto earn minimum pension and the seniority of the appellant may be counted w.e.f. 10.4.1993, the date on which he was re-enrolled and also no Rule, Regulation or Administrative Order on which the claim rested has been cited, that the appellant may be allowed to continue in service even after attaining the age of 40 years to complete the qualifying service to earn minimum pension. 2. The events and the circumstances constituting the facts, having bearing on the decision of this appeal, are that the appellant was enrolled in June, 1977 as Sepoy/Driver (MT) in Army Service Corps, and after requisite training he was posted as class III driver. As the luck would have, he met with a...
Shankar Singh Yadav Vs. State of Uttar Pradesh and Another
Court: Allahabad
Decided on: Nov-18-1999
Reported in: 2000(2)AWC1270
Bhanwar Singh, J.1. The petitioner Shankar Singh Yadav has filed this petition under Article 226 of the Constitution of India praying for Issuance of a writ in the nature of mandamus commanding the opposite parties to issue the order of renewal of his appointment as District Counsel (Criminal), Jhansi.2. In short, the petitioner's case may be narrated as follows.3. Petitioner Shankar Singh Yadav was a practising lawyer at Jhansi and keeping in view his performance as a legal practitioner, he was appointed as District Government Counsel (Criminal), hereinafter referred to as the D.G.C, (Criminal), initially for a period of one year with effect from August 16, 1990. However, the said appointment ran into rough weather following a litigation and an order of the High Court directing the Government to maintain status quo. Subsequently on attaining the age of sixty years of the then incumbent, the post of D.G.C. (Criminal) fell vacant andconsequently the petitioner was appointed as D.G.C. (C...
Kailash Finance Company Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-18-1999
Reported in: [2001]247ITR591(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, Allaha-bad, be directed to state a case and to refer the following questions stated to be of law and to arise out of the Tribunal's order dated December 10, 1996, passed in I. T. A. No. 2001 (All) of 1989, for the assessment year 1983-84 for the opinion of this court :'1. Is the Appellate Tribunal legally correct in holding the view that the directions of the Commissioner of Income-tax (Appeals) in his order dated March 25, 1998, were applicable to cases of early closure also in which full finance charges or hire purchase profit neither accrued nor-were received by the assessee having been granted as rebate to the customer, as the said directions were applicable to normal hire purchase cases ? 2. If answer to question No. 1 above is in the negative, is the Appellate Tribunal legally correct in confirming the additions of Es. 1,62,227 as income of...
Commissioner of Income-tax Vs. Hari Om Agarwal
Court: Allahabad
Decided on: Nov-18-1999
Reported in: [2001]249ITR382(All); [2001]118TAXMAN59(All)
1. All these four applications under Section 256(2) of the Income-tax Act, 1961, are in respect of the same assessee.2. We have heard Shri A. N. Mahajan, learned counsel for the Commissioner.3. Income-tax Applications Nos. 152 and 154 of 1997, are of assessment years 1984-85 and 1985-86 and are directed against a common order dated January 18, 1996, passed by the Income-tax Appellate Tribunal, Delhi Bench 'A', New Delhi, in I. T. A. Nos. 5693 and 5694/Del of 1990. The following question is stated to be of law and to arise out of the Tribunal's order :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in upholding the order of the Commissioner of Income-tax (Appeals), quashing the reframed assessment under Sections 143(3) and 263 of the Income-tax Act ?'4. The facts are that the assessments for the aforesaid two years were made by the Assessing Officer. Subsequently, the Commissioner of Income-tax noticed that certain deposi...
Commissioner of Income-tax Vs. Jai Durga Construction Co.
Court: Allahabad
Decided on: Nov-18-1999
Reported in: (2000)164CTR(All)512; [2000]245ITR857(All)
1. This appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), has been preferred by the Commissioner of Income-tax, Allahabad, against an order dated November 5, 1998, passed in ITA No. 2343 (Alld.) of 1993 for the assessment year 1991-92. The following substantial questions of law are stated to arise out of the said order:'(i) Whether the Tribunal was justified in dismissing the Departmental appeal and holding that audit report was obtained before the specified date in view of the fact that it was prepared on the last date of the specified date, i.e., on October 31, 1991, and without confirming/verifying when it was obtained by the assessee in view of the fact that it was filed along with the return of income on January 20, 1992 ?(ii) Whether the Tribunal was justified in holding that audit report was obtained before the specified date as provided under Section 44AB of the Income-tax Act, 1961, in view of the fact that audit report (as is eviden...
Naseem Alias Bhatey Vs. State
Court: Allahabad
Decided on: Nov-18-1999
Reported in: 2000CriLJ3043
1. This appeal is directed against the judgment and order dated 10 -12-1980 passed by the then Addl. Sessions Judge, Metropolitan Area, Kanpur convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life.2. This case relates to the murder of Ali Hasan alias Pallar who Is said to have been stabbed at about 11 p.m. on 27-8-1980 by the appellant in front of the shop of Kallu Cyclewala in Mohalla Chamanganj lying within the circle of police station Rai Purwa Kanpur. The case of the prosecution is that at the aforesaid time the deceased Ali Hasan alias Pallar and accused Naseem alias Bhatey were passing in front of the shop of Kallu Cyclewala and were talking to each other. The accused was demanding his share from the deceased and then hot words were exchanged between the deceased and the accused during, the course of which accused took out a knife from his pocket and inflicted one injury in the abdomen of the deceased . The incident was witnessed by Ali Hu...
Sharda Prasad Mishra Vs. Assistant General Manager, Ubi and Others
Court: Allahabad
Decided on: Nov-17-1999
Reported in: 2000(1)AWC512; [2000(84)FLR363]; (2000)ILLJ722All; (2000)1UPLBEC80
Binod Kumar Roy and Lakshmi Bihari, JJ.1. A number of prayers have been made in this writ petition but having gone through the pleadings of the parties and heard Sri K. P. Agrawal, learned counsel appearing on behalf of the petitioner and Sri V. R. Agrawal, learned counsel appearing on behalf of the respondents, we find that the real question is as to whether the memorandum, as contained in Annexure-15 to the writ petition, which reads as follows should be quashed by us or not :'This has reference to the explanation dated 28.12.1993 submitted by Shri S. P. Mishra in reply to memorandum No. CO:IRD:9034/93 dated 20.12.93. The aforesaid explanation dated 28.12.93 submitted by Shri Mishra is not found satisfactory and convincing. I therefore, hold Sri Mishra guilty of the followingcharges for the reasons enumerated in memorandum No. CO:IRD: 9034/93 dated 20.12.93 : 1. Failure to discharge his duties with utmost devotion and diligence. 2. Failure to ensure and protect the interest of the Ba...