Allahabad Court December 1999 Judgments
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Cement Workers Union and ors. Vs. Board for Industrial and Financial R ...
Court: Allahabad
Decided on: Dec-08-1999
Reported in: [2000]100CompCas76(All); (2000)1UPLBEC392
Sudhir Narain, J. 1. The petitioners seek a writ of certiorari quashing the order of the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'the Board') recommending to this court for winding up of U. P. State Cement Corporation Ltd. (hereinafter referred to as 'the Corporation'), by its order dated July 2, 1997, and the orders of the Appellate Authority dated February 19, 1998, dismissing the appeal against the said order. The petitioners have further sought mandamus against the State of Uttar Pradesh to contribute the required funds for the revival of the Corporation and make payment of all the dues to the employees of the Corporation and to provide alternative employment to them in case the recommendation of the Board is accepted by this court.2. The facts, in brief, are that the Corporation was originally functioning as an undertaking of the U. P. Government. It was converted into a public limited company in the year 1972. It is manufacturing cement. It h...
Commissioner of Income-tax Vs. Janardhan Dass Shankar Lal
Court: Allahabad
Decided on: Dec-08-1999
Reported in: [2000]246ITR661(All)
1. The Income-tax Appellate Tribunal, Delhi Bench 'E', Delhi, has under Section 256(1) of the Income-tax Act, 1961, referred the following question of law for the opinion of this court :'Whether, on the facts and in the circumstances of the case, there was only a change in the constitution of the assessee-firm on January 6, 1976, within the meaning of Section 187(2) of the Income-tax Act, 1961, and, therefore, one single assessment covering both the periods, namely, from April 1, 1975, to January 4, 1976, and January 6, 1976, to March 31, 1976, was justified ?'2. The reference has been made at the instance of the Commissioner of Income-tax, Meerut, and the aforesaid question of law is stated to arise out of the Tribunal's order dated June 12, 1981, passed in ITA No. 2760 (Delhi) of 1980 for the assessment year 1976-77.3. We have heard Sri A. N. Mahajan, learned counsel for the Commissioner, and Sri R. R. Agarwal, learned counsel for the respondent.4. The assessee was a partnership firm...
State of U.P. Vs. Dr. R.P. Goel and ors.
Court: Allahabad
Decided on: Dec-08-1999
Reported in: [2000(84)FLR499]; (2000)1UPLBEC622
M. Katju, J. 1. Heard learned Counsel for the parties.2. The respondent No. 1 was appointed on 1-8-1950 in the service of the Central Government in I.T.I. Rampur as medical Officer on temporary basis. The post on which the petitioner was appointed in the Central Government was abolished and his service was disposed with, but the State Government took over the service of the petitioner vide notice dated 25-7-1956, Annexure 1 to the Writ Petition. Therefore the petitioner continued in service till 1975 but his service was terminated by order dated 6-10-1975. He filed a claim petition before the U.P. Public Service Tribunal which has been allowed by the impugned order dated 29-11-1983. Aggrieved the State Government has filed this Writ Petition in this Court.3. Although the Tribunal has allowed the claim petition of the petitioner on a different point, we are of the opinion that the termination of service is bad in law on another ground which we are dealing with in this judgment and it is...
Sohan Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000CriLJ2765
1. This appeal is by Sohan Lal and Shiv Ram against the judgment and order dated 31-3-1991 passed by the then VI Additional Sessions Judge, Kanpur Nagar convicting and sentencing the appellants to imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code.2. According to the prosecution case a 'Nautanki' was being played in the fair held in the Ram Lila ground in village Khujauapur within the circle of police station Mahrajpur District Kanpur Nagar in the night between 4th and 5th of Oct. 1984. In the said fair, head Constable Sohan Lal and Constable Purshottam Das were deputed on duty. It is alleged that both these persons after taking liquor at the house of Shiv Ram went to the residence of village chaukidar Ram Swarup P.W.3 and they started hurling abuses to chaukidar. The brother of chaukidar Vinod told these persons that chaukidar Ram Swarup was not present and further asked them not to abuse Ram Swarup. On this the police constable declared Ram Swarup a...
Commissioner of Income Tax Vs. Janardhan Dass Shankar Lal
Court: Allahabad
Decided on: Dec-08-1999
Reported in: [2001]246ITR661(All)
The Income Tax Appellate Tribunal, Delhi Bench 'E', Delhi, has under section 256(1) of the Income Tax Act, 1961, referred the following question of law for the opinion of this court :'Whether, on the facts and in the circumstances of the case, there was only a change in the constitution of the assessee-firm on 6-1-1976, within the meaning of section 187(2) of the Income Tax Act, 1961, and, therefore, one single assessment covering both the periods, namely, from 1-4-1975, to 4-1-1976, and 6-1-1976, to 31-3-1976, was justified ?'The reference has been made at the instance of the Commissioner of Income Tax, Meerut, and the aforesaid question of law is stated to arise out of the Tribunal's order dated 12-6-1981, passed in ITA No. 2760 (Delhi) of 1980 for the assessment year 1976-77.2. We have heard Sri A. N. Mahajan, learned counsel for the Commissioner, and Sri R. R. Agarwal, learned counsel for the respondent.The assessee was a partnership firm. During the course of the accounting period...
Upendra Rai Vs. State of U. P. and Others
Court: Allahabad
Decided on: Dec-07-1999
Reported in: 2000(1)AWC570; (2000)1UPLBEC235
Alok Chakrabarti, J.1. Heard Mr. Arvind Srivastava, learned counsel for petitioner and learned Standing Counsel as also Mr. A. K. Singh, learned counsel appearing on behalf of the Board.2. Contentions raised by the learned counsel for petitioner are all on law and no dispute on facts are to be resolved for disposing the writ petition. Learned Standing Counsel agreed to final disposal of the writ petition at this stage without filing counter-affidavit.3. The petitioner is challenging the advertisement dated 28.4.1999 and Government Circular dated 11.8.1997 alleging the illegality therein as qualifications acquired from recognised institutes in other States have been kept beyond consideration for appointment against the posts advertised. The said advertisement was in respect of appointment for the post of Assistant Teacher in Basic Schools and it has been provided therein that the candidates must have qualification of B.T.C, from a recognised institute in the State of Uttar Pradesh. The ...
Ram Swarup Vs. State of U.P.
Court: Allahabad
Decided on: Dec-07-1999
Reported in: 2000CriLJ3926
M.C. Jain, J.1. These are three connected appeals out of the judgment and order dated 2-8-1980 passed by Sri O.N. Asthana, the then IV Additional Sessions Judge, Mainpuri in Sessions Trial No. 167 of 1979. Criminal Appeal No. 1711 of 1980 is being treated as the leading appeal and all the three appeals are being disposed of by this common judgment. Ram Swarup is the appellant of leading Appeal No. 1711 of 1980 whereas Ram Sewak and Sukhvasi Lal are the appellants of connected appeals No. 1710 of 1980 and 2126 of 1980 respectively. Ram Sewak has been convicted under Section 379, I.P.C. and sentenced to one year's rigorous imprisonment. Sukhvasi Lal has been convicted under Section 302, I.P.C. and sentenced to life imprisonment whereas Ram Swarup has been convicted under Section 302, I.P.C. read with Section 34, IPC and has been sentenced to life imprisonment.2. The prosecution case as per the First Information Report and the evidence on record was that on 27-3-1978 at about 4 P.M. PW 1 ...
Khalil Ahmad Vs. Revisional Authority/Assistant Sugar Commissioners, N ...
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000(1)AWC481
P.K. Jain, J.1. The petitioner claims that he is owner of crushing unit for crushing sugarcane and he has installed one power crusher of 33 x 46 cm. with four 'Bhattis' Ruhelkhand and one power crusher centrifugal for which he was issued a licence under the provisions of the U.P. Khandsari Licence Order, 1967 which was renewed from year to year. He purchased sugarcane in the month of March, 1989 and paid purchase tax. Assessment order was passed by the assessing authority as contained In Annexure-1. Notice dated 17th July. 1989 was received by him on 21.8.1989. He sent reply through registered post on 26.8.1989. Another notice requiring the petitioner to be present on 19.2.1990the rate of final hearing was received by him. On 12.2.1990 when the petitioner appeared his statement was recorded wherein he had given facts in detail. The revisional authority without considering the evidence as well as oral statement passed an order dated 16.8.1990. enhancing the sugarcane purchase tax for th...
Jagdish Prasad Vs. Ist Additional District Judge, Mathura and Others
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000(1)AWC706
Sudhir Narain, J.1. This writ petition is directed against the order of Prescribed Authority dated 3.5.1985 allowing the application filed by the landlord respondent under Section 21 (1) (a) and (b) of U. P. Act No. 13 of 1972 on the allegation that he bona fide requires it for his personal use. The application was contested by the petitioner. The Prescribed Authority has allowed it by his order dated 3.5.1985 and this order has been affirmed by the Appellate Authority on 28.8.1987.2. I have heard Sri Ramji Saxena, learned counsel for the petitioner and Sri Janardan Sahai, learned counsel for the respondents.3. Briefly stated the facts are that respondent No. 3 purchased the shop in question from its erstwhile owner on 26.6.1972. He filed application under Section 21 (1) (a) and (b) of the Act against the petitioner on 31.5.1977 on theallegation that the shop in question is in dilapidated condition and requires demolition and reconstruction. It was further stated that after demolition ...
NaraIn Das Vs. District Judge, Jhansi and Another
Court: Allahabad
Decided on: Dec-06-1999
Reported in: 2000(2)AWC1114
Sudhir Narain, J.1. This writ petition is directed against the Judgment dated 22.3.1983 passed by respondent No. 1 allowing the revision and decreeing the suit of the plaintiff for recovery of arrears of rent, ejectment and damages.2. Briefly stated the facts are that the petitioner is a tenant of shop No. 336 situate in Barua Sagar,Jhansi. Respondent No. 2 served notice dated 17.11.1977 demanding arrears of rent from 1.1.1975 and terminating the tenancy of the petitioner. He filed Suit No. 19 of 1978 in the Court of Judge, Small Causes for arrears of rent, ejectment and damages against the petitioner with the allegations that he was the tenant of the disputed premises and when the rent was demanded by notice, he failed to comply with the same and was liable to eviction. The petitioner contested the suit and it was stated that the plaintiff alone was not sole landlord. It was let out by him and his brother Babu Lal. The notice sent by the plaintiff alone was invalid. He also claimed be...