Allahabad Court April 1999 Judgments
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Commissioner of Income-tax Vs. Hira Lal Mittal
Court: Allahabad
Decided on: Apr-23-1999
Reported in: [2001]248ITR288(All)
1. Having heard learned counsel for the applicant, we are satisfied that only question No. 2 is the question of law which arises out of the order of the Income-tax Appellate Tribunal. We, therefore, direct the Income-tax Tribunal to draw up a statement of the case and refer the following question for opinion of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in dismissing the Departmental appeal when the matter is sub judice before the High Court ?'2. In so far as question No. 1 mentioned in the application is concerned, it does not arise from the order of the Tribunal, No rule is issued on this question.3. The application stands disposed of....
Dhruv Ram Vs. Regional Manager, U.P.S. R.T.C.
Court: Allahabad
Decided on: Apr-23-1999
Reported in: (1999)2UPLBEC1479
A.K. Yog, J.1. Heard Shri Sudama Ji Shandilya, assisted by Shri Vivek Shandilya, Advocates on behalf of the petitioner.2. A copy of the writ petition has been served before filing ink the registry in the office of Shri Vivek Saran, Advocate, representing the Regional Manager, UP. State Road Transport Corporation, Jhansi Region, Jhansi (Respondent) as contemplated under Chapter XXII, Rule 2 second proviso, Rules of Court of the Allahabad High Court, the present petition is being decided finally at the admission stage itself.3. Petitioner, Dhruv Ram, was employed as Driver by the U.P. State Road Transport Corporation (for short called the 'Corporation') and posted in the Jhansi Region. He was implicated in a criminal case (Crime Case No. 550 of 1996 under Sections 376/34 of the Indian Penal Code and Sections 3(1) and 12 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and he was sent to jail on January 5, 1996. He was suspended on February 8, 1996. The petition...
Narendra Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(2)AWC1485; (1999)2UPLBEC995
N. K. Mitra, C.J. and S. R. Singh, J.1. The petitioner, who was an employee on daily wage basis as Chowkidar in Kisan Seva Sahkari Samiti Limited Biralsee, district Muzaffarnagar, filed this writ petition against the termination order dated February 16, 1999 passed by the Chairman of the said society. The learned single Judge rejected the writ petition holding, inter alia, that Cooperative Societies are not State within the meaning of Article 12 of the Constitution of India which is under challenge in this appeal.2. In the case of Sri Ram Saran v. State of U. P. and others, (1998) 3 UPLBEC 1867, one of us (S. R. Singh, J.) has an occasion to consider thequestion of maintainability of writ as against a Co-operative Society registered under the provisions of the U. P. Co-operative Societies Act, 1965. Relying upon the judgment of the Supreme Court reported in the case of Air India Statutory Corporation v. United Union, (1997) 9 SCC 377, and also in the case of K. Krishnamacharyulu v. Sri...
Sunil Kumar Tyagi Vs. U.P. Khadi and Village Industry Board and Anothe ...
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(2)AWC1663; [1999(82)FLR671]; (1999)2UPLBEC1118
A.K. Yog, J. 1. Heard Sri A. S. Rai, Advocate learned counsel for the petitioner and Sri Rajiv Sharma, learned counsel for the respondent Nos. 1 and 2.2. Taking into account the attending history of the present case, it appears that petitioner was not pulling on well with his superiors and a transfer order dated August 11, 1998, was passed, which was quashed by this Court vide Judgmentand order dated September 2, 1998 (Annexure-14 to the petition). It also appears that in the year 1999, some complaint was made and a criminal case was lodged after he was arrested by laying trap while allegedly taking bribe. It is not relevant at this stage in the present proceedings to go into the merits of the earlier action of the parties. Presently petitioner is serving at Oral. The respondents have passed the impugned order of suspension dated April 6, 1999 (Annexure-22 to the petition) regarding alleged charge pertaining to 1997 during the tenure of his working at Lalitpur. The suspension order, ho...
Khedoo and Others Vs. Iiird Additional District and Sessions Judge, Az ...
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(2)AWC1727
Sudhir Narain, J.1. The core question in this writ petition is as to whether the appeal is maintainable against a decree purporting to have been passed on the compromise as alleged by one of the parties to the suit under Order XLIII. Rule 1A of the Code of Civil Procedure (in short C.P.C.) in spite of prohibition contained under Section 96(3), C.P.C. that no appeal shall lie from a decree passed by the Court with the consent of the parties.2. Briefly stated, the facts are, that Vishwa Nath, father of respondent No. 2, filed Civil Suit No. 166 of 1979 in the Court of Second Additional Munsff, Azamgarh forinjunction and demolition against the defendant-petitioners and their father Ujagir on the allegation that the defendants had encroached upon the land of the plaintiff and started illegal constructions. The defendants contested the suit and denied that the plaintiff had any right and title over the land in question. During the pendency of the proceedings in the suit, a compromise was fi...
Akhil Bharat Hindu Mahasabha (Aa) and Another Vs. Election Commission ...
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(2)AWC1735
Binod Kumar Roy and Onkareshwar Bhatt, JJ.1. The petitioners pray to command respondent No. 1 to register petitioner No. 1 as a political party by asserting, inter alia, that the Akhil Bharat Hindu Mahasabha is the oldest political party founded by Pandit Madan Mohan Malviya and other prominent and known leaders of the nation ; that due to the reasons enumerated in the writ petition most of the oldest Mahasabha members with others met on 9th and 10th October, 1993 at Badaun and constituted petitioner No. 1 and the petitioner No. 2 was unanimously elected as its president ; that on 13.10.1993, Bhagwan Saran Awasthi. Advocate, Shahjahanpur, who was elected as General Secretary of the party, went to the office of the respondent No. 1 Election Commission of India, and submitted papers for registration of petitioner No. 1 but the authorities of the respondent No. 1 openly refused to give registration to the petitioner No. 1 as a political party saying that Hindu is a religious name and that...
Smt. Sunanda Choudhari Vs. District Inspectress of Schools, Varanasi a ...
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(2)AWC1790; (1999)2UPLBEC1065
Aloke Chakrabarti, J. 1. The dispute herein is relating to post of Principal in Bipin Bihari Chakravarty Inter College, Ramapura, Varanasi.2. The case made out in the present writ petition in substance is that the petitioner was appointed as Assistant Teacher in L.T. Grade on 20.7.1973 and was promoted to the post of Lecturer in Economics in the said Institution. As regards the date of effect of the said promotion, the petitioner contends that the same is effective from 1.7.1990 although such promotion was given on 18.12.1991. The respondent No. 5 was absorbed as a reserved pool teacher in the post of Lecturer in the said institution in the year, 1978. It has been contended by the petitioner that against the vacancy in the post of Principal, the U. P. Secondary Education Service Commission advertised in December, 1996 and in respect thereof, only respondent No. 5 was interviewed and thus she was selected for the said post. For cancelling the said interview in respect of the post of Pri...
Vishwanath Singh Vs. Special Judge (E.C. Act), Varanasi and Others
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(3)AWC1850
Sudhir Narain, J. 1. This writ petition is directed against the Judgment and decree dated 2.2.1996 passed by the Judge. Small Causes Court, respondent No. 2, decreeing the suit for recovery of arrears of rent, ejectment and damages against the petitioner and defendant-respondents and the order of revisional court dated 22.7.1998 affirming the said judgment in revision.2. Keshav Kinkar Narain Singh, the husband of respondent No. 4, filed S.C.C. Suit No. 891 of 1977 against the petitioner and the defendants for recovery of arrears of rent, ejectment and damages on the allegation that the father of the petitioner, Mahlpal Singh, was tenant of the house in dispute at monthly rent of Rs. 50. The defendants fell in arrears of rent and house and water tax since 1.1.1975. A notice of demand dated 27.6.1977 and termination of their tenancy was sent but in spite of service of notice it was not complied with. The defendants sublet the accommodation to Devendra Kumar Singh and Rajendra Singh, defe...
Jagdish Prasad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(3)AWC1926; (1999)3UPLBEC1901
R.K. Agrawal, J.1. By means ofthe present writ petition, thepetitioner seeks a writ of certiorariquashing the order of terminationdated 28.7.1986, passed by theAssistant Commissioner(Administration) Sales Tax GorakhpurZone, Gorakhpur. respondent No. 2contained in Annexure-5 to the writpetition, and the order dated16.2.1993 passed by the U. P. PublicService Tribunal No. IV. Lucknow,rejecting the petitioner's ClaimPetition No. 363/F/IV/86, containedin Annexure-7 to the writ, petition.The petitioner further seeks a writ ofmandamus commanding therespondents to reinstate thepetitioner in service with full backwages with effect from the date oftermination, i.e.. 28.7.1986.2. The facts of the case in brief are that the petitioner was appointed by the Assistant Commissioner (Legal) Sales Tax. Gorakhpur Zone, Gorakhpur, respondent No. 3 on 11th January, 1979, on the post of peon in the Sales Tax Department. The appointment was purely temporary and was liable to be terminated at any point of tim...
U.P. State Electricity Board, Kanpur Vs. Presiding Officer, Labour Cou ...
Court: Allahabad
Decided on: Apr-22-1999
Reported in: 1999(3)AWC1881; [1999(81)FLR236]
O. P. Garg, J.1. These are nine writ petitions in which common questions of law and facts have been raised. The respondent No. 2 in each one of the nine writ petitions (hereinafter referred to as the 'employee') were employees of the petitioner-U. P. State Electricity Board (for short 'Board'). All of them have retired. They have filed separate applications under Section 33 (2) of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') for computation of the amount of their pension/gratuity or both on the ground that the petitioner-Board had passed an order on 21.6.1991 whereby the U. P. Retirement Benefit Rules, 1961 and the new Family Pension Scheme of 1965 as applicable to the State Government Employees were adopted. According to the employees, they were unlawfully denied the benefit of the aforesaid Rules and the Scheme and that they were entitled to pensionary benefits and/or gratuity. The position of the respondent No. 2 covered by each one of the 9 writ pe...
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