Allahabad Court April 1999 Judgments
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Nagar Palikar, Dehradun and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(3)AWC1801
S.K. Jain, J.1. This petition has been filed for issuing a writ in the nature of certiorari quashing the award dated 3.6.1989 published in the Notice Board on 24.7.1989 (Annexure-V) passed by the Executive Officer, Labour Court. Dehradun.2. The facts, briefly stated, are that respondent No. 3 Parmanand was appointed as a Beldar on probation for a period of one year on the recommendation of the Engineer of Municipal Board, Dehradun. Later on, it was discovered that respondent No. 3 was related to the Engineer of Municipal Board, Dehradun and his brother was also already in service of Nagar Palika. Since his work was not found to be satisfactory, as such his service was terminated on 31.10.1987. The respondent No. 3 raised the dispute before the State Government of U. P. respondent No. 1 and respondent No. 1 made a reference to Labour Court, respondent No. 2 to determine whether the service of respondent No. 3 on the post of Beldar was illegally or rightly, terminated by the employer on ...
Acqueous Victuals (P.) Ltd., Bareilly Vs. Nagar Mahapalika, Bareilly
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(2)AWC1747
R.K. Agrawal, J.1. By means of the present writ petition, the petitioner seeks writ, order or direction in the nature of mandamus directing Nagar Mahapalika, Bareilly, not to charge octroi from the petitioner-company on empty bottles which it brings within the limits of Nagar Mahapalika. Bareilly, for refilling and again sends back to the distributors outside the municipal limits of opposite party. The petitioner further seeks writ of mandamus quashing the octroi bye-law and Rules framed thereunder by the Nagar Mahapalika. Bareilly, to the extent it authorises the levy of octroi on the empty bottles which are brought for being refilled and to refund the amount realised in respect of such octroi from the petitioner-company.2. The facts of the case arc thatthe petitioner is a private limited company incorporated under the Companies Act. 1956, and has its bottling plant at Bareilly. It is engaged in the business of bottling soft drinks like Gold Spot, Limca,Thums-up, Soda, Rim-Zim, etc., ...
Dr. Vijai Kumar Gupta and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(2)AWC1783; (1999)2UPLBEC1063
D. S. Sinha, J.1. Heard Sri K. D. Tripathi, learned counsel appearing for the petitioners and Dr. Madhu Tandon, learned Brief Holder of the State of U. P.. representing the respondents.2. By means of this petition under Article 226 of the Constitution of India, the petitioners pray for the following two reliefs :'(a) issue a writ, order or direction in the nature of mandamus restraining the respondents from interfering in the rights of the petitioners to carry on their private medical practice in Indian Medicine at district Pilibhit. (b) issue a writ, order or direction in the nature of mandamus restraining the respondents from prohibiting the petitioner to keep the primary instruments of diagnosis of Indian medicines, namely. Stethoscope, Thermometers. B. P. Instruments, etc. and to provide first aid to the people in immediate requirement of medical area as a part of practice of Indian medicines.' 3. The foundation of the claim of the petitioners for the reliefs sought is their passin...
Satya Prakash Singh and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(3)AWC1823
Yatindra Singh, J.1. These five writ petitions challenge the decision of the State Government dated 3.8.1998 placing the petitioners in 'Amapya Pratibandhit Seva' in addition to posting them at 'Avkaryakari Sthan/Khand/Up-Khand'for 5 years and posting/transfer orders in pursuance of the aforesaid decision. The decision of the State Government is same in these five petitions ; though the posting orders are different. Same questions of law are being agitated, hence these writ petitions are consolidated. Satya Prakash Singh and another v. State of U. P. and others, Civil Misc. Writ petition No. 25865/98, is the leading writ petition and for the sake of convenience reference to the facts and annexures are from this writ petition,FACTS 2. Sri Ram Dulare Singh Patel, resident of Daraganj, Allahabad, is a former State Minister of Uttar Pradesh and President of 'SinchaiBandhu.' (friend of irrigation) Allahabad. He by his letter dated 30.1.1998 pointed out deficiency in the functioning of the t...
Prem Shanker Vs. Sub-divisional Officer, Bindki
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(3)AWC1836; [1999(82)FLR616]
V.M. Sahai, J. 1. The questionthat arises for consideration in this petition is whether direction of the Court to consider the claim of the petitioner for regularisation of service can be rejected by the Sub-DivisionalMagistrate without assigning any reason.2. The facts in brief are that thepetitioner was appointed on the postof collection peon on 31.5.1984 on adhoc basis. He continued till 25.4.1990with two breaks in service. Hisservice was terminated on 25.4.1990,under U. P. Temporary GovernmentServant (Termination of Services)Rules, 1975. He filed C.M. Writ No.17713 of 1990, in which' thetermination order was challenged. Itwas claimed that underRegularisation of Ad hocAppointments (On Posts Outside thePurview of the Public ServiceCommission) Rules, 1979 as amendedby Uttar Pradesh Regularisation of Adhoc Appointments (on the postsoutside the purview of the PublicService Commission) (IIndAmendment) Rules, 1989 (in briefRules) the petitioner's services wereliable to be regularised. The...
Dhananjay Pandey Vs. Regional Deputy Director of Education, Varanasi a ...
Court: Allahabad
Decided on: Apr-16-1999
Reported in: 1999(3)AWC1983; (1999)2UPLBEC1213
Sudhir Narain, J.1. This writ petition is directed against the order of Regional Deputy Director of Education. Varanasi, respondent No. 1, whereby he has held that respondent Nos. 5 to 7 are seniors to the petitioner.2. Briefly stated the facts are that Nagar Palika Inter College, Moghalsarai, district Varanasi(hereinafter referred to as the college) is a recognised college under the provisions of U. P. Intermediate Education Act. 1921. It is run by the Nagar Palika Parishad, Moghalsarai, district Varanasi. Sri S. N. Tiwari, respondent No. 6 was appointed as lecturer in Civics on 20.11.1969. Sri Rajendra Prasad Gupta, respondent No. 7 was appointed as lecturer in Mathematics on 20.7.1970. These posts were created by the Commissioner. Subsequently, State Government issued a Government Order creating post for lecturer in Civics and other subjects on 21.8.1975 with effect from 20.11.1969. On 8.6.1976, the State Government issued another Government Order creating post of lecturer in Mathem...
Jogender Singh Vs. Income-tax Officer and ors.
Court: Allahabad
Decided on: Apr-16-1999
Reported in: [2000]246ITR269(All); [1999]107TAXMAN394(All)
R.K. Agarwal, J.1. By means of the present writ petition, the petitioner seeks a writ of certiorari quashing the order dated April 29, 1987, passed by the Income-tax Officer, Circle-I(6), Kanpur, respondent No. 1 (filed as annexure H to the writ petition), as also the notice dated July 27, 1987, issued by the Tax Recovery Officer (A), Kanpur, respondent No. 2 (filed as annexure-I to the writ petition). The petitioner further seeks a writ, order or direction prohibiting respondent No. 2 from proceeding with the recovery of the demand mentioned in the notice dated July 22, 1987. The petitioner further seeks a direction to the Commissioner of Income-tax, Kanpur, respondent No. 3, to release the title deed of the property No. 18/183-A, Kurswan, Kanpur, to the petitioner.2. The facts of the case are that the petitioner along with two other persons stood surety and executed a surety bond dated May 7, 1974, for the value of stocks worth Rs. 1,00,559 belonging to one Guru Nanak MetalStores, 67...
Commissioner of Income-tax Vs. New Light Tannery
Court: Allahabad
Decided on: Apr-16-1999
Reported in: (2000)162CTR(All)454; [2000]244ITR5(All); [1999]107TAXMAN526(All)
R.K. Agrawal, J. 1. The Income-tax Appellate Tribunal has referred the following question of law under Section 256(1) of the Income-tax Act (hereinafter referred to as the Act) for opinion to this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that weighted deduction is permissible under Section 35B(l)(b)(viii) of the Income-tax Act, 1961, in respect of an expenditure incurred in India on insurance, shipment, freight, despatch and clearing and transportation of the goods to their destination ?' 2. The said question of law arises out of the order dated January 2, 1981, passed by the Income-tax Appellate Tribunal in Income-tax Appeal No. 2179 (Alld.) of 1979 relating to the assessment year 1978-79. 3. The facts of the case in brief are that the respondent-assessee is a registered firm and is engaged in the business of tanning of raw hides and sale thereof. It also exports tanned leather. 4. During the a...
Jogender Singh Vs. Income Tax Officer
Court: Allahabad
Decided on: Apr-16-1999
Reported in: (1999)155CTR(All)218
ORDERR. K. AGARWAL, JI:By means of the present writ petition the petitioner seeks a writ of certiorari quashing the order dt. 29th April, 1987, passed by the ITO, Circle-I(6), Kanpur, respondent No. 1 (filed as Annexure-H to the writ petition) as also the notice dt. 27th July, 1987, issued by the Tax Recovery Officer(A) (TRO), Kanpur. respondent No, 2 (filed as Annexure-I to the writ petition). The petitioner further seeks a writ, order or direction prohibiting the respondent No. 2 from proceeding with the recovery of the demand mentioned in the notice dt. 22nd July, 1987. The petitioner further seeks a direction to the CIT, Kanpur, respondent No. 3 to release the title deed of the property No. 18/183-A, Kurswan, Kanpur, to the petitioner.2. The facts of the case are that the petitioner along with two other persons stood surety and executed a surety bond dt. 7th May, 1974, for the value of stocks worth Rs. 1,00,559 belonging to one M/s Guru Nanak Metal Stores, 67/40, Bhusa Toli. Daulat...
Shyam Sundar Jalan Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-15-1999
Reported in: [2002]254ITR596(All)
We have heard Shri Vikram Gulati, counsel for the applicant, and Shri Govind Krishna, counsel for the opposite party.The following questions of law have been referred for the opinion of this court :'1. Whether the provisions of section 147(a) of the Income-tax Act are applicable when the assessee had already made a disclosure of income under the Voluntary Disclosure of Income and Wealth Act, 1976, for the relevant year? 2. Whether, there was any material before the Tribunal to hold that the income computation by the Department aggregating to Rs. 53,054 in respect of the three years under consideration was justified ?' Shri Vikram Gulati, appearing for the assessee, submits that since the asses-see has made a disclosure of income under the Voluntary Disclosure of Income and Wealth Act, 1976, the issuance of notice under section 147(a) of the Income-tax Act, 1961 (in short referred to as 'the Act'), is illegal and untenable and the reassessment made under the aforesaid provisions, should...
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