Allahabad Court December 1999 Judgments
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Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti and ors. Vs. S ...
Court: Allahabad
Decided on: Dec-17-1999
Reported in: (2000)1UPLBEC588
M. Katju, J. 1. This writ petition has been filed praying for a writ of mandamus directing the respondents to absorb the services of the employees of the U.P. State Mineral Development Corporation Limited on suitable posts in the Corporation. It has also been prayed that a writ of mandamus be issued to the State of U.P. to prepare a list of the retrenched employees of the various Corporations and absorb them and also pay compensation.2. We have heard Sri S.K. Kalia, learned Counsel for the petitioner and the learned Addl. Advocate General for the respondents.3. The petitioner is a Union of employees of the U.P. State Mineral Development Corporation (hereinafter referred to as 'the Corporation') which is a public sector undertaking. It is alleged in paragraph 4 of the petition that the Board of Directors of the Corporation by a decision dated 19-12-1996 granted approval for retrenchment of specific number of employees of different mines under the Corporation. True copy of the said resol...
Commissioner of Income Tax Vs. Sir Padampat Singhania
Court: Allahabad
Decided on: Dec-17-1999
Reported in: [2000]111TAXMAN223(All)
These are two references under section 256(1) of the Income Tax Act, 1961, in which the Tribunal, Allahabad, has referred the following identical question of law for the opinion of this court:'Whether, on the facts and in the circumstances of the case and on a proper interpretation of rule 3 of the Income Tax Rules, 1962 and section 2(24)(iv) of the Income Tax Act, 1961, the Tribunal was justified in holding that the value of the perquisite of free imported car with chaufeur provided to the assessee by M/s. J.K. Cotton Spinning and Weaving Mills Limited of which he was a director should be the same as in the case of' an employee of the company ?'The aforesaid question arises out of the Tribunal's orders dated 17-1-1981 and 26-6-1981 passed in IT Appeal Nos. 1091 and 1919 of 1980 for the assessment years 1976-77 and 1977-78, respectively.2. We have heard Sri Shambhu Chopra, the learned counsel for the Commissioner and Sri V.K. Uppadhya, the learned counsel for the respondent.3. The fact...
Shanti Enterprises, Badaun Vs. Executive Engineer, Electricity Distrib ...
Court: Allahabad
Decided on: Dec-16-1999
Reported in: 2000(1)AWC539
G.P. Mathur, J.1. The facts involved in the two writ petitions are Identical and therefore, they are being disposed of by a common order.2. The Executive Engineer. Electricity Distribution Division II. Badaun (respondent No. 1) issued notice on 13.8.1999 Inviting tenders in respect of certain works. The petitioner M/s. Shantl Enterprises, and some others submitted tenders for various items of work. The tender submitted by M/s. Durga Enterprises. Badaun (respondent no. 5) was accepted. The writ petition has been filed for quashing of the order dated 2.9.1999 by which tender ofrespondent No. 5 was accepted. A further prayer has been made that a writ of mandamus be Issued commanding the respondents to accept the petitioner's tender.3. The rates offered for different types of work by the petitioner and respondent No. 5 are as under :TermTender No. T-8/99-2000/Edd IInd Badaun(In Rupees)11 K.V.LineT/FDPSDPUT. LineM/s.Durga Enterprises (respondent No.5)C-500017007600E-4950180065OOM/s. ShantiE...
islam Khan Sekh Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Dec-16-1999
Reported in: 2000(1)AWC720
Ravi S. Dhavan and Aloke Chakrabarti, JJ.1. This appeal has been filed by one Islam Khan Sekh against the order dated 23rd May. 1996 in Writ Petition No. 17819 of 1996, Mahesh Chandra Maheshwari, v. State of Uttar Pradesh and three others. The appellant Islam Khan Sekh contends that he was a necessary party to the writ petition which aspect was known to the petitioner at every given stage. But, for reasons best known to the petitioner, the appellant had not been made a party respondent. In this context, the appellant Islam Khan Sekh, also a teacher at the same institution, i.e., Sri Dlwan MaharaJ Singh Inter College. Jakha, Jalaun, desires the Court to examine the array of parties on the memoranda of writ petition. The array of parties is-'Mahesh ChandraMaheshwari son of Hardev DasMaheshwari, Lecturer. NagrikShastra, Sri Diwan Maharaj SinghInter College. Jakha.Jalaun.....Petitioner Versus 1. State of Uttar Pradesh, 2. U. P. Secondary EducationServices Commissionthrough its Chairman,...
Sheo Lal and anr. Vs. State of U.P. Overruled
Court: Allahabad
Decided on: Dec-16-1999
Reported in: 2000CriLJ3015
S.K. Agarwal, J.1. These two criminal appeals (No. 182 of 1980 and No. 472 of 1980) were preferred by Sheo Lal, Suresh and Surendra, arising out of judgment and order dated 25-1-1980 passed by Sri U. S. Trlpathi, the then IX Additional Sessions Judge, Kanpur, in S. T. Nos. 190 of 1979 and 212 of 1979, against their conviction and sentence of life imprisonment under Section 302/34, T. P. C. Appellants Sheo Lal & Suresh (in Criminal Appeal No. 182 of 1980) are also convicted under Section 323/34,1.P.C. and sentenced to six months' R. I. Appellant Surendra (in criminal Appeal No. 472 of 1980) is also convicted under Section 354,1. P. C. and sentenced to one year's R. I.2. The prosecution story, in short, is that in the evening of 20-3-1979 at about 6.00 P. M. Km. Sharmi was going to attend the call of nature. P. W. 4 Km. Sharmi was moving few steps ahead of Km. Munni. It is alleged that at the relevant moment Surendra and Suresh accosted Km. Sharmi. They told her to accompany them into Ar...
Vinod Kumar Bhalotia Vs. State of U. P. and Others
Court: Allahabad
Decided on: Dec-15-1999
Reported in: 2000(1)AWC564
G. P. Mathur, J.1. The question which requires consideration in this petition under Article 226 of the Constitution is whether a revision under sub-section (3) of Section 41 of U. P. Urban Planning and Development Act, 1973 (hereinafterreferred to as the Act) against an order of Vice-Chairman granting permission under sub-section (3) of Section 15 of the Act is maintainable at the Instance of a third party.2. The petitioner is owner of a commercial building known as Bhalotia Market in Mohalla Chak Jalal in the city of Gorakhpur. Smt. Ganga Devi respondent No. 4 is owner of a plot of land which is Immediately adjoining to Bhalotia Market on the northern side. She intended to make a commercial building over the aforesaid plot and submitted a plan of the same to the Gorakhpur Development Authority (hereinafter referred to as the Authority) for grant of permission In accordance with Section 14 of the Act. The Vice-Chalrman of the Authority by his order dated 5.6.1999 sanctioned the plan an...
Pitamber Dutt Semwal Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1999
Reported in: 2000(2)AWC1531; (2000)2UPLBEC1101
Ravi S. Dhavan and Aloke Chakrabarti, JJ. 1. This matter relates to a correction sought by the petitioner appellant, Pitamber Dutt Semwal in his service record, which if done, would permit recording of a change in his date of birth and give additional years in the service. The only question, which needs to be examined, is whether the contention of the petitioner appellant is bona fide as from the record. The Court has perused the order dated 1.5.1996 passed on the writ petition. i.e., the Writ Petition No. 15319 of 1996. Pitamber Dutt Semwal a. State of U. P. and Others. The view of the learnedJudge in the order, which has been challenged, is that U. P. Recruitment of Service (Determination of Date of Birth) Rules, 1974, in context, are in emphatic language and even an application or representation permitting correction of the date of birth does not lie and is not legally maintainable. There are two aspects of the matter. One is, when there is apparent injustice and the record indeed m...
Ramesh Chandra Mangalik Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1999
Reported in: 2000(2)AWC1787
M. Katju, J.1. This petition has been filed challenging the impugned order dated 21.4.1995 Annexure-1 to the writ petition by which the petitioner has been given a punishment of withholding four annual increments permanently and recovery of Rs. 28,822. The petitioner has also prayed that he should be considered for promotion to the post of Executive Engineer from the date when his first junior was promoted.2. We have heard the learned counsel for the petitioner and the learned standing counsel.3. The petitioner was appointed on 19.2.1963 in the irrigation department as Assistant Engineer and he was duly approved by the U. P. Public Service Commission. It is alleged in paragraph 3 of the petition that his work and conduct was satisfactory and upto the mark and as such, he was promoted by the order dated 8.5.1979 to the post of Assistant Engineer Incharge. It may be mentioned that promotion at that time could not be made on the post ofExecutive Engineer since that had been stayed by the ...
Saraya Sugar Mills (Pvt.) Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-15-1999
Reported in: [2000]246ITR509(All); [2002]120TAXMAN411(All)
1. At the instance of the assessee, the Income-tax Appellate Tribunal, Allahabad, has referred the following question stated to be of law and to arise out of its order dated September 28, 1981, passed in ITA No. 924 (All) of 1980 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the interest on the amount of Rs. 2,80,000 at the same rate at which interest was paid by the assessee-company on the loans taken by it cannot be allowed as a deduction in working' out the business income of the assessee-company ?'2. We have heard Sri Shambhu Chopra, learned counsel for the assessee, and Sri A.N. Mahajan, learned standing counsel for the respondent.3. The facts of the case are that the assessee had borrowed funds from the banks and had made interest-free advances to its directors. The finding was that the borrowed funds were diverted in making advances to the directors to the extent of Rs. 2,80,000. T...
Ravindra Kumar Agrahari Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-15-1999
Reported in: 2000CriLJ3028
O.P. Garg, J.1. The horny central part of this writ petition pertains to the question whether the possession and circulation of counterfeit currency notes falls with the orbit of an activity prejudicial to the maintenance of 'public order' and to the maintenance of supplies and services essential to the community or only that of breach of law and order' made punishable under the ordinary criminal law of the land. The controversy has cropped up in the wake of the following profile of the case.2. Thirty currency notes-each of Rs. 500 denomination totalling to Rs. 15,000/- were given by the Yogendra Pratap, resident of Maharwa District Rupen Dei, Nepal to his sister's son Alok Kumar, resident of an Pakad, P.S. Kotwali, district Maharajganj on 22-5-1999 for being exchanged by the currency notice of smaller denominations. Alok Kumar got the change of Rs. 5000 (ten notes of Rs. 500 each) from Mahendra Munish son of Prabhunath Chiuraha, P.S. Kotwali, Maharajganj and took the change of Rs. 600...
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