Allahabad Court January 2000 Judgments
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Shiv Mangal Singh and Another Vs. Cane Commissioner Evam Addhyaksha, R ...
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000(2)AWC1452; (2000)3UPLBEC1945
Bhanwar Singh, J.1. Shiv Mangal Singh and Brij Nandan Mishra have, by filing this writ petition. Invoked this Court's jurisdiction under Article 226 of the Constitution of India praying for a writ in the nature of mandamus commanding the opposite parties to pay their salary including arrears and further for another writ in the nature of certiorari quashing the orders dated 23.7.1992, 4.8.1992 and 14.8.1992, by virtue of which, the petitioners were asked to join the Cane Societies. One more prayer for a writ of mandamus directing the opposite parties not to compel the petitioners to opt for their absorption in the Cane Societies has been pressed Into service.2. As recited in the petition, the petitioners were recruited in 'Vasuli Section' (Vasuli Anubhag) of opposite party No. 3, namely, Prabandh Nideshak, U. P. Sahkari Ganna Samlti Sangh. Whereas Shiv Mangal Singh was recruited as a Process Surveyor, the other petitioner. Brij Nandan Mishra was appointed as a Clerk. In December, 1991, ...
Ajay Kumar Singh Vs. Zila Panchayat, Bahraich and Others
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000(2)AWC1448
Bhanwar Singh, J. 1. The petitioner. Ajay Kumar Singh has invoked this Court's Jurisdiction under Article 226 of the Constitution of India praying for a writ of mandamus commanding the opposite parties to pay to the petitioner the salary in the pay-scale of Rs. 950-1,500 (revised as Rs. 3.050-4,590) for the post of Second Grade Clerk with effect from 24.6.1997. 2. The petitioner's contention is that he was appointed as Pound Keeper under the orders of Adhyaksh, Zlla Parlshad. Bahraich/Dlstrict Magistrate vide appointment letter No. Memo/Niyukti/Pound/Zi Pa/87 dated 11.8.1987 in the pay-scale of Rs. 225-475. He was promoted to the post of Tax Collector vide order dated 28.2.1995, issued by the Upper Mukhya Adhikari, Zila Parishad, Bahralch. He performed his duty to the utmost satisfaction of his higher authorities and never gave a cause of annoyance to any one. In the year 1997, a post of Second Grade Clerk had fallen vacant consequent upon promotion of one Layeek Ahmad to the post of R...
Commissioner of Income-tax Vs. Rajeev Maheshwari (Huf)
Court: Allahabad
Decided on: Jan-11-2000
Reported in: [2000]246ITR24(All); [2002]120TAXMAN328(All)
1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has under Section 256(1) of the Income-tax Act, 1961, stated a case and referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Appellate Assistant Commissioner directing the Income-tax Officer to allow the claim of partial partition to the assessee ?'2. The aforesaid question arises out of the Tribunal's order dated September 5, 1981, passed in ITA No. 2006 (Alld.) of 1980 for the assessment year 1976-77. The assessee, Rajeev Maheshwari (HUF), was a partner in a firm, Commercial Traders. The Hindu undivided family consists of Rajeev Maheshwari, his wife, Smt. Shakuntala Maheshwari, and a minor son, Yashwant Maheshwari. The family claimed that there was a partial partition in the family in respect of a sum of Rs. 50,000 which stood to the credit of the family in a firm, Commercial Traders. Out of t...
Mohan Wahi Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Jan-11-2000
Reported in: (2001)165CTR(All)72; [2000]246ITR144(All)
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner challenges an order passed by the Tax Recovery Officer confirming an auction sale of house property No. D-53/91-D situate at Luxa in the town of Varanasi and also an order passed by the Commissioner of Income-tax by which the latter dismissed the petitioner's revision petition under Section 264 of the Income-tax Act, 1961, against an order of confirmation of sale. 2. Counter and rejoinder affidavits have been exchanged. 3. We have heard Sri R. P. Goel, senior advocate assisted by Sri Arjun Singhal, advocate, for the petitioner, Sri Bharat Ji Agarwal, senior advocate, for respondents Nos. 1 and 2 and Sri M. K. Shukla, learned counsel for the auction purchaser, respondent No. 3. 4. The petitioner was one of the co-owners of the aforesaid property. His case is that one Sri P. M. Wahi was carrying on business in a partnership in the name of United Provinces Commercial Corporation Luxa, Varana...
Committee of Management, Saheed Inter College and anr. Vs. Joint Direc ...
Court: Allahabad
Decided on: Jan-11-2000
Reported in: (2000)1UPLBEC691
Yatindra Singh, J.1. There is a college known as Saheed Inter College, Madhuban, district Mau (the college). An election to the committee of management was held on 9-1-1994 in which Sri Hari Mohan Mall (the petitioner) was elected as Manager. His signatures were also attested by the District Inspector of Schools, Mau (the DIOS) on 31-1-1994. This order of the DIOS was challenged before this Court, but the writ petition has been dismissed on 14-5-1996. Special Appeals against the same are pending; in which no interim orders have been passed. The term of the committee of management was expiring in the year 1997. According to the petitioner fresh elections were held on 12-1-1997; in which he was again elected as the Manager. His signatures were attested on 17-1-1997. This is disputed by Sri Shiva Nand Mall (the contesting respondent). According to Sri Shiva Nand Mall elections were held on 26-1-1997 in which he was elected as the Manager, However, his representation before the DIOS to rec...
Natthu Singh and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000CriLJ3792
S.K. Agarwal, J.1. This appeal was preferred by eight appellants, viz. Natthu Singh, Sobran son of Subedar, Sobran son of Jhabbu, Lekhraj, Sadhu, Abhilakh, Bahadur and Phulwari, against their conviction under Sections 302/149, I.P.C. and consequent sentence to life imprisonment to each one of them. All the appellants, named above, were further sentenced to one year's R.I. under Section 148, I.P.C. However, the sentences were directed to run concurrently. 2 The facts of the case, as disclosed from the F.I.R., are that on 24-10-1979 Bajra crop was harvested by the complainant and his family. His brother Kaptan Singh in the evening at about 4.30 on 25-10-1979, was returning with the fodder to his house on a bullock-cart. He was accompanied by his daughter Km. Kamla, aged about 9 years, who was sitting over the fodder, and another brother of the informant, viz. Lalaram, was walking. About 100 yards behind the bullock-cart, the informant, Gaya Din along with Kathori, Mahendra, Collector, an...
Vishnu Dutt Nagar Vs. Ashwini Alias Babbu
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000(1)ALT(Cri)15; 2000CriLJ2241
ORDERU.S. Tripathi, J.1. This is an application for cancellation of bail order dated 25-10-1999 granting bail to opposite party Ahswini alias Babbu, S/o Parmeshwari Dayal, R/o Tara Gali, Garh, P.S. Garh Mukteshwar, distt. Ghaziabad in case crime No. 80 of 1998 Sections 302, 504, 506, I.P.C. P.S. Garh Mukteshwar, Ghazibad, on the ground that the first bail application No. 16572 of 1998 moved on behalf of opposite party was rejected by Hon'ble J.C. Gupta, J. on merit, vide order dated 17-12-1998 after hearing both the counsel. Thereafter, second bail application No. 6230 of 1999 was moved on behalf of opposite party,' which was pending. During pendency of second bail application No. 6230 of 1999 another bail application No. 16953 of 1999 was moved showing it to be first bail application. In the said bail application, F.I.R. which was filed was forged and in the above forged F.I.R. it was mentioned that opposite party exhorted, whereas in the original F.I.R. the opposite party was assigne...
R.B. Sharma Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000(122)ELT5(All)
ORDER1. By means of this petition under Article 226 of the Constitution of India, the petitioner prays for the following reliefs.'(i) issue a suitable writ, order or direction in the nature of certiorari quashing the letters dated 27.09.1999, 16.04.1999 and 03.03.1999 as contained in Annexure No. 84 as well as the decision of opposite party No. 3 Director General, Anti-Evasion (Reward Sanctioning Authority) with regard to payment of final reward to the petitioner after summoning the original of the same from the opposite party.(ii) issue a suitable writ, order or direction in the nature of mandamus commanding the opposite parties to pay to the petitioner final reward at the rate of 20% of the duty evaded, fine and penalty which comes to Rs. 29,41,711.00 and the amount paid to the petitioner as 'Advance Reward' may be adjusted.(iii) issue a suitable writ, order or direction commanding the opposite parties to pay interest at the rate of 18% per annum since Jan. 1996 on the sum of reward ...
Commissioner of Income Tax Vs. Rajeev Maheshwari (Huf)
Court: Allahabad
Decided on: Jan-11-2000
Reported in: [2001]246ITR24(All)
The Income Tax Appellate Tribunal, Allahabad Bench, Allahabad, has under section 256(1) of the Income Tax Act, 1961, stated a case and referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Appellate Assistant Commissioner directing the Income Tax Officer to allow the claim of partial partition to the assessee ''2. The aforesaid question arises out of the Tribunal's order dated 5-9-1981, passed in ITA No. 2006 (Ahd.) of 1980 for the assessment year 1976-77. The assessee, Rajeev Maheshwari (HUF), was a partner in a firm, Commercial Traders. The Hindu undivided family consists of Rajeev Maheshwari, his wife, Smt. Shakuntala Maheshwari, and a minor son, Yashwant Maheshwari. The family claimed that there was a partial partition in the family in respect of a sum of Rs. 50,000 which stood to the credit of the family in a firm, Commercial Traders. Out of the said sum o...
Chief of the Army Staff and Others Vs. Laxman Giri, Ex Havaldar No. 92 ...
Court: Allahabad
Decided on: Jan-10-2000
Reported in: 2000(1)AWC716; [2000(85)FLR76]; (2000)1UPLBEC868
Ravi S. Dhavan, J.1. This special appeal has been filed against the Judgment dated 31 January 1996 on Writ Petition No. 20174 of 1986, Laxman Giri. Ex. Havaldar No. 9212544 v. Chief of the Army Staff, Army Headquarters, New Delhi and others. The petitioner Laxman Giri, a non-commissioned officer found. himself facing charges before a summary court martial for being drunk after a Bara Khana and thereafter while proceeding from the mess to the lines having grabbed the wife of Sepoy Raghav Singh and placing one hand on her mouth and with the other fondled her breast. The incident saw immediate action from the Officer Commanding, 15 Mahar Regiment to which the petitioner Laxman Giri, Havaldar was attached. The matter was investigated, summary of evidence was recorded, the petitioner was charged, tried and was sentenced to (a) reduction in rank, (b) suffer rigorous imprisonment for nine months which sentence would be carried out by confinement in civil prison and (c) dismissal from service....
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