Allahabad Court September 1999 Judgments
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Union of India and Others Vs. Akchhay Kumar Singh and Others
Court: Allahabad
Decided on: Sep-24-1999
Reported in: 1999(4)AWC3564; (1999)3UPLBEC2368
N.K. Mitra, C.J. 1. These are the six special appeals arising out of the judgment and order dated April 8, 1997 whereby the learned single Judge allowed Writ Petition No. 39772 of 1996 and five other connected writ petitions, quashed the order dated 21.10.1996 and advertisement dated 26.10.1996 impugned in the writ petitions and directed the appellants herein to declare the result of the selection held for recruitment of Constables in Railway Protection Force over Eastern Railway pursuant to advertisement No. SC 30/65/5-E (Rect.)-1995 dated 23.4.1995 within a period of two months from the date of judgment.2. By impugned order dated 21.10.1996 impugned in the writ petitions, the Chief Security Commissioner. Railway Protection Force, Eastern Railway. Calcutta, had cancelled the selection process held in pursuant to advertisement dated 23.11.1995. The impugned advertisement was issued on 26.10.1996 for holding recruitment afresh. The order dated 21.10.1996 and advertisement dated 26.10.19...
Dr. Rajendra Kumar Agrawal Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Sep-24-1999
Reported in: (2000)163CTR(All)568; [2000]245ITR18(All)
1. This is a reference under Section 27(1) at the instance of the assessee and has been made by the Income-tax Appellate Tribunal, Allahabad, The Tribunal has referred the following questions stated to be of law and to arise out of its order dated October 11, 1990, passed in W. T. A. No. 27 (All) of 1990, for the assessment year 1983-84.'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in restoring the order of the Assessing Officer estimating the value of the property at Rs. 3 lakhs ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in applying the provisions of law contained in Sub-Rule (5) of Rule 1BB of the Wealth-tax Rules, 1957 ?' 2. We have heard Sri Shambhu Chopra, learned counsel for the Commissioner. No one has appeared on behalf of the assessee.3. The facts of the case are that the assessee was the owner of a house property bearing Municipal No. 735 and situate in Mohalla Katra in the town of A...
Mohd. Qasim Vs. District Magistrate and Another
Court: Allahabad
Decided on: Sep-24-1999
Reported in: 1999(4)AWC3612
I. M. Quddusi, J.1. Heard learned counsel for the petitioner Shri Rakesh Kumar Chaudhary and learned standing counsel appearing for the respondents.2. Necessary facts draped in brevity are that the petitioner was given a notice by the District Magistrate. Sultanpur, the licensing authority which had issued fire arm licences to the petitioner to show cause as to why his licences may not be cancelled as two criminal cases being Case Crime No. 96 of 1985 under Sections 147, 148, 149, 353, 384. 341 and 211, I.P.C. P. S. Bewana, Ambedkar Nagar and Case Crime No. 49 of 1998 of P. S. Dostpur, district Sultanpur under Sections 307, 452, 504, 506, I.P.C. have been registered against him. This notice was issued on 22.4.1998 by the licensing authority, Sultanpur, in exercise of powers under the Arms Act. The petitioner submitted reply to the showcause notice. In the meantime, another notice was issued on 11.5.1999 by the licensing authority (District Magistrate), Ambedkar Nagar, against the petit...
Sada Nand Misra Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 2000(1)AWC180
M. Quddusi, J. 1. Thecontroversy involved in the present writ petition revolves round the question as to whether a Government servant can be dismissed or removed from service merely on the basis of his conviction from the Court of law in a criminal charge or it is the conduct of a Government servantwhich had led to his conviction on a criminal charge, is to be considered in taking action of dismissal, removal from the service or reduction in rank, more so when the conviction has been stayed in criminal appeal by the appellate court.2. Necessary facts draped in brevity are that the petitioner was in the service of State Government and was posted as Senior Division Clerk under the control of Deputy Director General, N.C.C., U. P. Lucknow. A criminal case at Crime No. 747 of 1998 was registered against the petitioner and other person at police station Kotwall, Pratapgarh under Sections 147, 148, 149, 302, 304, 324, 397, I.P.C. and after committal of the case. Session Trial No. 63 of 1998 ...
Life Insurance Corporation of India, Lucknow Vs. Additional District M ...
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 2000(1)AWC186
I.M. Quddusi, J.1. This writ petition has been filed against the declaration of vacancy under Section 12 of U. P. Urban Building (Regulationof Letting. Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) vide order dated 24.7.1985 against which objection was filed by the petitioner--L.I.C. to the effect that it is a sitting tenant in the premises in question which was rejected by the Rent Control and Eviction Officer (in short R.C.E.O.), vide his order dated 15.6.1985 and ordered to hear release application of the landlord. In the meantime, present writ petition was filed before this Court in which an interim order staying the operation of the order dated 15.6.1985 was passed on 21.6.1985.2. I have heard learned counsel for the petitioner Sri P. K. Khare, learned standing counsel for respondent No. 1 and Sri Shafiq Mirza for respondent No. 2 who is the landlord and has given power of attorney to one Sri Prahalad Slngh.3. The L.I.C. was already a tenant of the premises in ...
Meerut Auto Finance Association, Meerut Vs. Union of India and Others
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 2000(2)AWC970; (2000)1UPLBEC52
Ashok A. Desaf, J. 1. This bunch of petitions by individuals, firms and unincorporated associations of individuals dealing in financing, have challenged the constitutional validity of Section 45-S substituted by the Reserve Bank (Amendment) Act, 1997 (hereinafter referred to tne Impugned provisions), on the ground of absence of legislative competence, as well violatlve of Articles 14 and 19(1)(g) of the Constitution of India. To appreciate the challenge, it would be appropriate to trace the legislative history. 2. In 1934, the Reserve Bank of India Act was Introduced principally to regulate Monetary, Currency and Credit System. Thereafter, in view of the recommendation of the Banking Commission, the Banking Laws(Amendment) Act, 1983 was enacted. The amending Act, inter alia, incorporated to the R.B.I. Act, Chapter III-C under the caption Prohibition of Acceptance of Deposits by unincorporated bodies. Section 45-S (1) under the chapter reads thus : 45-S. Deposits not to be accepted in c...
Mudit Entertainment Industries (P.) Ltd., Allahabad and Others Vs. Ban ...
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 2000(2)AWC1008; (2000)1UPLBEC25
Ashok A. Desai, J.1. This bunch of petitions have questioned legislative competence of the Parliament to enact the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to 'the Act, 1993') and legality of consequent transferring of recovery suits to the Tribunal constituted thereunder, as well Notification dated 7.4.1988 establishing the Tribunal at Jabalpur for Uttar Pradesh and Madhya Pradesh. These petitions, since raise common questions of facts, and law, are heard together and being disposed of by this common Judgment.2. The Act of 1993 has established Tribunal for expeditious recovery of debts due to Banks and Financial Institutions. According to the learned counsel for petitioners, 42nd Constitutional Amendment of 1976 has now incorporated Part XIVA to the Constitution. This part contains Articles 323A and B. Article 323B empowers the Appropriate Legislature, by law to provide Tribunals for adjudication and trial, on the subjects enumerated th...
Commissioner of Income-tax Vs. Vaish Brother's and Co.
Court: Allahabad
Decided on: Sep-23-1999
Reported in: [2001]247ITR385(All); [2001]117TAXMAN579(All)
1. At the instance of the Commissioner of Income-tax, Kanpur, the Income-tax Appellate Tribunal, Allahabad, has referred the following question for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in holding that the assessee-company is an 'industrial undertaking' within the meaning of Section 2 of the Finance Act, 1973 ?' 2. The aforesaid question is stated to arise out of a consolidated order dated June 26, 1980, passed by the said Tribunal in I. T. A. Nos. 476 to 479 for the assessment years 1973-74 to 1976-77. 3. We have heard Shri A. N. Mahajan, learned counsel for the Commissioner-applicant, and Shri Vikram Gulati, learned counsel for the respondent-asses see. 4. The assessee-respondent No. 3 is engaged in the business of civil contractor constructing' buildings, runways, etc. It claims to be an 'industrialcompany' within the meaning of Section 2(7)(c) of the Finanbe Act, 1973,to be eligible to a lower rate o...
Mata Prasad Mishra Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 1999(4)AWC3600
S.H.A. Rara and R.P. Nigam, JJ.1. A departmental enquiry was conducted against the petitioner who was at the relevant time working as acting Deputy Collector (now retired) on the charges that he made certain allotment of land without complying with the procedure. The charge No. 1 related to the appointment of Rajesh Kumar as Seasonal Collection Amin who was the son of the petitioner. Although his appointment was for a period commenced from 17.2.1993 to 31.3.1993. I.e., only for a period of 1 1/2 months. According to the charge, he never started his duty as Seasonal Collection Amin. The petitioner has also appointed one Sudhir Kumar Shukla as Seasonal Collection Amin for different periods who also did not perform his duties but both these persons have realised their salary. According to charge No. 1, the petitioner also appointed one Raghu Nath Prasad as Seasonal Collection Amin in the month of May, 1993 but he also did not work and his salary was paid. The second charge against the pet...
Mohd. Siddiq Vs. District Judge, Faizabad and Another
Court: Allahabad
Decided on: Sep-23-1999
Reported in: 1999(4)AWC3577
I.M. Quddusi, J. 1. Heard Sri M. A. Siddiqui for the petitioner and Sri B. K. Shukla for the respondent No. 2 who is the landlady of the premises In question which is a shop bearing No. 1160/9/41/69 measuring 8 feet x 20 feet situated at Mohalla Subhash Nagar, Faizabad. This shop was vacated by earlier tenant, namely, Mohd. Akhtar. The petitioner applied for its allotment on which an enquiry was directed to be made by the order of the Rent Control and Eviction Officer, Faizabad (in short R.C.E.O.) and thereafter vacancy was declared. After declaration of vacancy, two applications for release of the shop in question were moved by respondent No. 2 in her favour. The first application was not verified hence, second application was moved verifying the contents thereof but requisite court fee stamp was not affixed thereon. Thereafter, the R.C.E.O. rejected the release application on merits holding that the need of the landlady was not genuine and allotted the shop in question vide his order...
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