Allahabad Court December 1999 Judgments
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Committee of Management, National Inter College, Mau and Another Vs. S ...
Court: Allahabad
Decided on: Dec-21-1999
Reported in: 2000(1)AWC765
B.K. Sharma, J. 1. The facts leading to this contempt petition are that National Inter College was a duly recognised Intermediate College on the maintenance grants-in-aid list of the State Government having an approved Scheme of Administration. The present petitioners bound to base themselves on an election of theCommittee of Management of the institution held on 12.10.1997 in which Ashfaq Ahmad, present petitioner No. 2, was said to have been elected as manager of the institution. The District Inspector of Schools, Mau by his order dated 17.10.1997 recognised the present, petitioner Committee of Management. After the transfer of the earlier District Inspector of Schools, Mau. Smt. Madhuri Srivastava, took over as District Inspector of Schools, Mau and had directed on 7.11.1997 single operation of the payment of salary to the staff of the institution by herself. Ram Prasad Singh, contemner No. 2, claimed himself to be elected in an election dated 19.10.1997 as Manager of the Committee ...
Vam Organic Chemicals Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-21-1999
Reported in: [2000]119STC419(All)
P.K. Jain, J.1. Both these revisions arise out of the common judgment of the Sales Tax Tribunal, Moradabad, whereby Second Appeal No, 650 of 1990 of the revisionist was partly dismissed by the Tribunal and Second Appeal No. 798 of 1990 of the Revenue was partly allowed by the Tribunal and the order of the assessing authority was restored. Since identical questions of law are involved in both the revisions, the same have been heard together and are being decided by a common judgment.2. The revisionist is a company registered under the Companies Act, 1956, and is engaged in the manufacture, and sale of vinyl acetate monomer and intermediary products like acetic acid, acetic anhydride and acetaldehyde (hereinafter called as 'the notified goods'). The company has its registered office as well as works located at Bhartiagram, Gajraula, District Moradabad (now Jyotibafulenagar). The revisionist is a registered dealer in the State of U.P. both under the Sales Tax Act and under the Central Sal...
Smt. Sheela Dwivedi Vs. Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Dec-21-1999
Reported in: (2000)1UPLBEC693
U.K. Dhaon, J. 1. Heard learned Counsel for the petitioner and Sri Ram Raj, learned Counsel appearing on behalf of opposite parties No. 2 & 3.2. Petitioner has challenged the termination order dated 30th September, 1986. The brief facts of the case are that the petitioner was appointed as a temporary Assistant Teacher vide Appointment Order dated 2-11-1982. Thereafter vide order dated 30-9-86 petitioner's services were terminated w.e.f. 1-10-86. Petitioner being aggrieved by the impugned order of termination has approached this Court and the termination order was stayed on 20-10-86. The said interim order is still operative.3. Contention of the learned Counsel for the petitioner is that after one year of service petitioner shall be deemed to be a regular employee. He further submits that before terminating the services of the petitioner no approval was taken by the Basic Shiksha Adhikari as provided under Rule 15 of the U.P. recognised Basic Schools (Junior High School) Recruitment and...
Smt. Swaran Munjal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-21-1999
Reported in: 2000CriLJ3078
ORDERB.K. Rathi, J.1. These petition under Section 482, Cr.P.C. have been filed to quash the proceedings of complaint case Nos. 947 of 1998, 543 of 1998, 542 of 1998 and 946 of 1998, all pending in the Court of C.J.M., Agra under Section 138 of N.I. Act filed against the petitioners by respondent No.2. All the complaints have been filed with similar allegations and these petitions involve the common questions for decision and therefore, are being disposed of by this common judgment.2. I have heard Sri V.K. Singh, learned counsel for the petitioners in all the four cases and Sri K.K. Dwivedi, learned counsel for the respondent No.2. The complaint under Section 138, N.I. Act have been filed by the respondent No.2 against the petitioners with the usual allegations that the cheque issued by the petitioners were dishonoured and the amount of the cheque has not been paid in spite of the service of notice within fifteen days of the date of dishonour. That, therefore, the petitioners have comm...
Zafar Alias Budhu Vs. State of U.P.
Court: Allahabad
Decided on: Dec-21-1999
Reported in: 2000CriLJ3786
M.C. Jain, J.1. The appellant is one Zafar alias Budhu who has preferred this appeal against the judgment and order dated 25-11-1981 passed by Sri C. L. Anand, the then IIIrd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 583 of 1980. He has been convicted under Section 302, I.P.C. for the murder of Hidayat Hussain and sentenced to life imprisonment.2. The broad features of the prosecution case as per the First Information Report and the evidence adduced in the Court may be noted. The incident took place on 28-6-1980 at about 8 a.m. in Mohalla Buxipur P. S. Kotwali, District Gorakhpur. The report was made by the deceased's-father Mohd. Husain P.W. 1 the same day at 9.15 a.m. in which accused-appellant was named. De-ceased-Hidayat Hussain was married to Nasim sister of Nanhe son of Nabidad Khan. Nanhe's daughter Rukhsana was married to accused -appellant. The accused-appellant used to maltreat his wife by harassing and beating her. About 8 months ago, he gave a beating to hi...
Suresh Chandra Mishra Vs. District Inspector of Schools, Jhansi and Ot ...
Court: Allahabad
Decided on: Dec-20-1999
Reported in: 2000(2)AWC1148; [2000(85)FLR224]; (2000)1UPLBEC699
R. S. Dhavan and A. Chakrabarti,JJ.1. This special appeal has been filed against the order dated 18th September. 1995, In Writ Petition No. 29083 of 1991, Krishna Dutt Mishra v. District Inspector of Schools and four others. The contesting respondent in the writ petition, respondent No. 4, Is Suresh Chandra Mishra, appellant before this Court. The memorandum of writ petition described him as an'Illegally appointed Lecturer in Civics in Sri Laxman Das Inter College. Jhansi.'2. In so far as the issue on facts Is concerned, it is clear. On the post of Lecturer in Civics, there was a vacancy on June 30. 1990. The Incumbent had superannuated. This was one Dwarika Prasad Sarawagl. The process of Intimating the vacancy to the Commission had been made by the Committee of Management, but no communication had been received within the stipulated period. Thus, the Committee of Management set about to fill the post on an ad hoc basis until a candidate duly selected was returned by the Commission. O...
Commissioner of Income-tax Vs. Brahma Swarup and Sons
Court: Allahabad
Decided on: Dec-20-1999
Reported in: [2001]253ITR604(All)
M.C. Agarwal J. 1. The Income-tax Appellate Tribunal, D-Bench, Delhi, has, under Section 256(1) of the Income-tax Act, 1961, referred the following questions stated to be of law and to arise out of its order dated November 24, 1978, passed in ITA Nos. 1112 and 1113/Delhi of 1977-78 for the assessment year 1972-73 for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the order of the Commissioner of Income-tax under Section 263 was bad in law and was without jurisdiction, as no notices were served on the other members of the family ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the partial partition between the two groups effected on January 1, 1971, was valid under the Hindu law ?' 2. We have heard Sri Shambhoo Chopra, learned counsel for the Commissioner, and Sri Neeraj Agarwal, learned counsel for the assessee-respondent.3. We ma...
Shri Hathiya Ram Math and Another Vs. Bhawani Nandan Yati
Court: Allahabad
Decided on: Dec-17-1999
Reported in: 2000(1)AWC403
S.K. Phaujdar, J. 1. The present writ petition ts directed against an order dated 26.11.1999 [as per Annexure-6 to the writ petition) recorded by the District Judge. Ghazipur, with a prayer for a writ of certiorari to quash the same. 2. The present petitioner No. 2 filed a suit on behalf of petitioner No. 1, which is a math, on an assertion that the math was an ancient one ofDasnamt ascetics and was an autonomous institution bound by its age-old traditions. The petitioner No. 2 was the mahant of the math appointed in the year. 1954 by the erstwhile head of the math. In the suit against the present respondent, a relief of permanent injunction was sought to restrain him from interfering in the functioning of the petitioner No. 2 as the mahant of the concerned math and not to interfere in the movable and immovable properties of the math in any manner. The trial judge recorded an order of injunction after recording findings in favour of the plaintiff on the questions of a prima facie case,...
Smt. Gangi and Others Vs. Iind Additional District and Sessions Judge/ ...
Court: Allahabad
Decided on: Dec-17-1999
Reported in: 2000ACJ1327; 2000(1)AWC443
S.K. Phaujdar, J.1. Heard both the parties. 2. The petitioner had made an application under the provisions of the Motor Vehicles Act for compensation for the death of her husband in a motor accident and the respondent No. 5 was the insurer who was noticed in the proceeding. Upon a chance of compromise between the parties, the matter was sent to the Lok Adalat and the parties were required to appear on 24.10.1999 before the Lok Adalat. The petitioner was absent on that date while the representative of the insurer was present. The Lok Adalat recorded an order in the following language : 'Claim petition is dismissed.Costs on parties.'3. The petitioner thereafter made an application to the Motor Accidents Claim Tribunal (IInd Addl. District Judge, Hamirpur) on 28.10.1999 and the Tribunal recorded an order as follows : 'Heard the learned counsel. The case was dismissed in Lok Adalat and absence of applicant was deliberate. Therefore, application is summarily rejected.'4. It is unfortunate t...
State of U.P. and Others Vs. State Public Service Tribunal and Another
Court: Allahabad
Decided on: Dec-17-1999
Reported in: 2000(2)AWC1741
ORDERM. Katju, J.1. This writ petition has been filed against the impugned order passed by the U. P. Public Service Tribunal on 6.4.98 a copy of which is Annexure-1 to the writ petition. By that order the claim petition filed by the respondent No. 2was allowed and the State Government was directed to pay the respondent No. 2 salary and allowances including the revised pay and promotional pay with effect from July. 1990, with interest at 18% per annum from the due date till the final payment is made.2. The facts of the case are that respondent No. 2 was a lecturer in Hindi in a Government Inter College, Being a Government servant he was on a transferable job. He was posted in district Unnao as lecturer from 1960 to 1990. By order dated 5.5.90, he was transferred from Unnao to Government Inter College, Umrada, district Farrukhabad and he was relieved on 14.5.90. The said order was modified and he was directed to Join at Government Inter College, Sitapur vide order dated 23.6.90. Thereaft...
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