Allahabad Court November 1999 Judgments
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Ram Shankar Gupta Vs. Director of Education (Basic) Nisatganj, Lucknow ...
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000(2)AWC1049
A.K. Yog, J. 1. Petitioner, Ram Shankar Gupta, was initially appointed as Class IV employee(peon) in Government Junior Training College. Lalitpur vide appointment letter dated 25.8.1984 (Annexure-1 to the writ petition). He was confirmed on 27.8.1985 on completion of period of probation (Annexure-2 to the Writ Petition).2. It is stated that petitioner has passed Intermediate Examination in the year 1983 in Second Division from Government Normal School, Fatehpur. and that he knows typing and other work attached to the post of the clerk and, accordingly, he was required to discharge duties pertaining to the post of Clerk (Class III) (Annexures-4 and 5 to the writ petition).3. Basic Shiksha Adhlkarl vide order May 22. 1987 allotted the work to the petitioner pertaining to the post of Clerk (Class III) and he discharged these duties to the best of the satisfaction of those authorities concerned (Annexure-6 to the writ petition).4. In para 6 of the petition it is stated that Deputy Director...
Virendra Singh Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000CriLJ2240
ORDERB.K. Rathi, J.1. The petitioner is an accused in Crime No. Nil of 1999 under Section 9/56 F.E.R.A. He has been summoned for interrogation. The allegation of the petitioner is that he has been falsely implicated in this case. The only request made is that direction may be issued for interrogation of the petitioner in presence of his lawyer.2. I have heard Sri Manish Tiwary, learned counsel for the petitioner and Sri S.K. Singh, learned counsel for Union of India. The request has been opposed by Sri S.K. Singh on the ground that it cannot be accepted in view of the decision of the Hon'ble Supreme Court in 'Poolpandi v. Superintendent, Central Excise 1992 (29) ACC 550 : AIR 1992 SC 1795, it was held that for interrogation during investigation under the Customs Act and F.E.R. Act, the refusal of the presence of the counsel is not violative of Article 20(3) of the Constitution of India.3. As against this, the learned counsel for the petitioner has filed the copies of the uhreported jud...
Tahir and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000CriLJ1342
M.C. Jain, J.1. The present reference has been made by a learned Single Judge Hon'ble Mr. Justice B.K. Rathi to answer the following question :Whether on the request of the accused the witnesses should be recalled for further cross-examination under Section 311 Cr.P.C. on the facts stated by them in the affidavits filed subsequent to their statement recorded in the Court 2. It would be useful to give a brief account of the facts relating to this reference. The applicants are facing trial under Section 307 I.P.C. in S.T. No. 694 of 1996, State v. Chand before the Special Judge, E.C. Act, Muzaffarnagar. The evidence of the three prosecution witnesses, Rafiq, P.W.I, Aslam P.W. 2 and Akbar P.W. 5 was recorded as the witnesses of fact. Their evidence with cross-examination concluded long before 23-2-1999 when the applicants made an application to the trial Court that all these three eye-witnesses had filed affidavits denying the prosecution story and their statements recorded in the Court. ...
Subharti K.K.B. Charitable Trust Vs. Union of India and Others
Court: Allahabad
Decided on: Nov-05-1999
Reported in: 2000(1)AWC534; (2000)1UPLBEC655
Onkareshwar Bhati, J.1. Bymeans of this writ petition under Article 226 of the Constitution of India, petitioner has prayed for issuance of a writ of certiorari for quashing the impugned order dated 19.7.1999. Annexure-26 to the writ petition, passed by respondent No. 1. The petitioner has also prayed for issuance of a writ, order or direction in the nature of mandamus directing the respondent No. 1 to issue an order granting permission to the petitioner to commence medical college as per the scheme submitted without any further inspection or enquiry within the period so fixed by the Court.2. Sri Sudhir Chandra Agrawal, learned Senior Advocate, appearing for the petitioner. Mr. Kirit Rawal, learned Additional Solicitor General of India, and Sri S.N. Srivastava, learned Senior Standing Counsel, appearing for respondent No. 1 and Sri Maninder Singh, learned counsel appearing for the respondent No. 2 were heard at length and in detail.3. The petitioner is a registered charitable trust. Th...
Chandan Singh Vs. Ist Additional District Judge, Mathura and Others
Court: Allahabad
Decided on: Nov-05-1999
Reported in: 2000(2)AWC956
Shitla Pd. Srivastava, J. 1. This petition under Article 226 of the Constitution of India, has been filed by the petitioner, who is tenant of the premises in dispute, i.e.. premises No. 2166/2. Dampler Nagar, Mathura. which was allotted to him on 27.4.1978. The petitioner has prayed for quashing the order dated 16.8.1980 passed by the respondent No. 1. which is Annexure 5 to the writ petition and order dated 20.11.1981so far as it relates to the dismissal of the appeal of the petitioner passed by the respondent No. 1.2. The brief facts, as stated by the petitioner in the petition are that the house in question was assessed at Rs. 30 in the year 1970. It is stated that the presumptive rent at the time of allotment of the aforesaid building was fixed at Rs. 175 by the Rent Control and Eviction Officer while making allotment in favour of the petitioner. The allegations of the petitioner are that since the presumptive rent was exhorbitant. therefore, the petitioner filed an application bef...
Shanker Traders Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-05-1999
Reported in: [2001]248ITR691(All); [2001]118TAXMAN22(All)
1. These three applications under Section 256(2) of the Income-tax Act, 1961, have been preferred by an assessee praying that the Income-tax Appellate Tribunal, Allahabad, be directed to state respective cases and refer the following questions stated to be of law and to arise out of the common order dated April 22, 1996, passed in I.T.A. Nos. 1306, 1307 and 1308 (Alld.) of 1992, for the assessment years 1981-82, 1982-83 and 1983-84, respectively, for the opinion of this court.Question in I.T.A. No. 151 :'Whether, on the facts and in the circumstances of the case, particularly in view of the assessee's letter dated December 17, 1985, relied upon by the Tribunal in I.T.A. No. 525 (Alld.) of 1987, the Appellate Tribunal was right in holding that penalty under Section 271(1)(c) was exigible ?'Question in I.T.A. No. 157 :'(i) Whether, on the facts and in the circumstances of the case, particularly in view of the assessee's letter dated December 17, 1985, relied upon by the Tribunal in I.T.A...
Gulzar Singh S/O Genda Singh (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Nov-05-1999
Reported in: 2000CriLJ3900
S.K. Agarwal, J.1. The appellant Gulzar Singh has filed this appeal against the judgment and order dated 8-5-1980 passed by Sri Munni Lal IInd Additional Sessions Judge, Rampur in S. T. No. 168 of 1978, whereby the appellant has been convicted under Section 302 I.P.C. and sentenced to life imprisonment.2. The prosecution has alleged that appellant along with two unknown persons came to the place of occurrence at 11.00 P.M. After identifying the deceased in the torch light accused Gulzar Singh had given out loudly that Shiv Raj Singh is sleeping on that cot and they will teach him a lesson for siding or helping Baru Singh and Krishna Narain Mathur. The informant, Arun Kumar along with his brother Ajit Kumar, brother in law Satya Vir Singh and mother rushed towards the deceased. The wife of the deceased, who was sleeping at a few paces distance from her husband was also awakened. It is alleged that the appellant had fired a shot from his gun upon the deceased and thereafter all the three...
Shanker Traders Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Nov-05-1999
Reported in: [2000]248ITR691(All)
These three applications under section 256(2) of the Income Tax Act, 1961, have been preferred by an assessee praying that the Income Tax Appellate Tribunal, Allahabad, be directed to state respective cases and refer the following questions stated to be of law and to arise out of the common order dated 22-4-1996, passed in I.T.A Nos. 1306, 1307 and 1308 (Alld.) of 1992, for the assessment years 1981-82, 1982-83 and 1983-84, respectively, for the opinion of this court.Question in I. T. A. No. 151 :'Whether, on the facts and in the circumstances of the case, particularly in view of the assessee's letter dated 17-12-1985, relied upon by the Tribunal in I.T.A. No. 525 (Alld.) of 1987, the Appellate Tribunal was right in holding that penalty under section 271(1)(c) was exigible ?'Question in I. T. A. No. 157:'(i) Whether, on the facts and in the circumstances of the case, particularly in view of the assessee's letter dated 17-12-1985, relied upon by the Tribunal in I.T.A. No. 525 (Alld.) of...
Km. Indira Sharma Vs. P.C. Pathak, Joint Director of Education, Ist Re ...
Court: Allahabad
Decided on: Nov-04-1999
Reported in: 2000(1)AWC271; (2000)1UPLBEC98
B. K. Rathi, J. 1. This is a contempt petition to punish the respondents for not obeying the orders of this Court dated 21.5.1996 passed in Writ Petition No. 24300 of 1994 and order dated 6.5.1998 passed in Contempt Petition No. 432 of 1997 by which the respondents were directed to pay the arrears of salary to the petitioner.2. I have heard Sri R. K. Sharma, learned counsel for petitioner and Sri S. K. Verma,learned counsel for opposite parties and I have perused the record. The facts of the case in brief arc that the petitioner was appointed as Assistant Teacher in leave vacancy, but she alleges that the vacancy became permanent and, therefore, the petitioner was appointed in substantive vacancy. The salary of the petitioner was not paid and, therefore, she filed a Writ Petition No. 24300 of 1994 which was allowed on 21.5.1996 and the D.I.O.S. was directed to pass appropriate orders for payment of salary to the petitioner from the date it has not been paid. After the order, the petiti...
Aditya Trading Company Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Nov-04-1999
Reported in: [2000]119STC331(All)
1.By this petition under Article 226 of the Constitution of India, the petitioner is aggrieved of a notice-cum-order dated October 30, 1999 by which the petitioner, a dealer under the U.P. Trade Tax Act, 1948, has been directed to furnish additional security in the form of a bank guarantee for Rs. 20,00,000.2. We have heard Sri Kunwar Saxena, learned counsel for the petitioner and Sri R.D. Gupta, learned Standing Counsel for the respondents. No counter-affidavit was proposed to be filed and the petitioner has been heard finally and is disposed of on merits.3. The petitioner is a registered dealer and has already furnished security as required under Section 8-C(l) of the Act. By the impugned notice-cum-order, the petitioner has been directed to file additional security in the sum of Rs. 20 lacs in the form of a bank guarantee. Such an order could have been passed in terms of Sub-section (2) of Section 8-C where it appears necessary to do so for the proper realisation of any tax, penalty...
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