Allahabad Court November 2000 Judgments
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Hemant Kumar Rai Vs. Joint Director of Education, Azamgarh and Others
Court: Allahabad
Decided on: Nov-28-2000
Reported in: 2001(1)AWC232; [2001(88)FLR327]
V. M. Sahai, J.1. Petitioner's mother Smt. Uma Rani was an Assistant Teacher (L.T. Grade) in Government Girls Uchchatar Madhyamik Vidyalaya, Ajmatgarh, Azamgarh. She died in-harness on 28.6.1996. She left behind her husband Sri Ravindra Nath Rai and the petitioner, her only son. Petitioner's father wrote a letter on 23.7.1997 to the Joint Director of Education, Fourth Region, Azamgarh (in brief J.D.E.) that his wife who was a teacher in the Vidyalaya died on 28.6.1996. And on 21.7.1997 an application was moved for appointing the petitioner under dying-in-harness rules. But the petitioner on the date of application had not completed his education and was not eligible, therefore, he was moving the application for appointment of petitioner after completion of the course and till then a post in L.T. Grade may be kept reserved for him.On the application of the petitioner claiming appointment under dying-in-harness rules, the J.D.E. appointed him on 13.1.2000 on a class-III post of junior cl...
Union of India, Through G.M., N.R. and Another Vs. Vinod Kumar Mani Tr ...
Court: Allahabad
Decided on: Nov-28-2000
Reported in: 2001(1)AWC395; (2001)1UPLBEC397
ORDERR. K. Dash, J. 1. These two writ petitions arise out of a common judgment and order passed by Central Administrative Tribunal, Allahabad Bench. Allahabad in Original Application Nos. 180 of 1998 and 750 of 1999. Since, common questions of law and fact are involved in both these writ petitions, they were heard analogously and are disposed of by this judgment. 2. Railway Recruitment Board (for short 'the Board') Northern Railway, Allahabad issued advertisement vide Employment Notice No. 3/96-97 inviting applications from eligible candidates for selection of different categories of posts numbering 18 of which category No. 4 relates to Section Engineer (P.Way). There were in total seven posts of which three relate to general category, three to O.B.C. and one to Schedule Caste. Respondent Nos. 1 to 5 being Engineers applied to the said posts and appeared in the written test conducted by the Board. After merit list of 23 candidates was prepared, notice was published in the newspaper inf...
Buland Motor and Land Finance Pvt. Ltd. Vs. Assistant Commissioner of ...
Court: Allahabad
Decided on: Nov-28-2000
Reported in: [2001]247ITR701(All); [2001]117TAXMAN116(All)
M. Katju, J.1. This writ petition has been filed praying for quashing of the order dated September 7, 1998 (annexure 7 to the petition), and the demand notice dated March 30, 1995 (annexure 4 to the petition), in respect of interest under sections 234A and 234B of the Income-tax Act,1961, and for a mandamus restraining the respondents from realising interest under those sections. It has further been prayed that the petitioners Appeal No. nil of 1995, be disposed of within a reasonable time.2. Heard Sri V. B. Upadhyaya and Sri R. N. Singh, learned counsel for the petitioner, as well as learned counsel for the Department.3. The petitioner is a company registered under the Indian Companies Act. It is a non-banking finance company controlled by the Reserve Bank of India. Its business is akin to that of a commercial bank and it accepts deposits, and invests the funds in hire purchase business. For the assessment year 1989-90, it filed a return showing loss of Rs. 62,510 including set-off of...
Oriental Fire and General Insurance Co. Ltd. Vs. Smt. Nirmala Devi and ...
Court: Allahabad
Decided on: Nov-27-2000
Reported in: I(2001)ACC363; 2001ACJ814; 2001(1)AWC234
Shyamal Kumar Sen, C.J. 1. We have heard Sri A. B. Saran, learned advocate for the appellant. We are ofthe view that in view of the decision of the Supreme Court in Shankarayya and another v. United India Insurance Co. Ltd. and another. AIR 1998 SC 2968, wherein it Has been held that unless permission is obtained under Section 170 of the Motor Vehicles Act. 1988, the insurance company cannot file appeal against the award of Tribunal on merits of the claim. In the instant appeal, the claim is based purely on merits and, as such, we are of the view that the aforesaid judgment of the Supreme Court specifically applies in the instant case. The appeal is held to be non-maintainable and is liable to be dismissed. 2. In the matter of same Insurance Company (The Oriental Insurance Company Limited), a Division Bench of Calcutta High Court of which one of us (Hon'ble S. K. Sen, C.J.) was a party, in the case of Oriental Insurance Company Ltd. v. Gurudial Singh. AIR 2000 Cal 226, took the same vi...
Subhash Chand Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-27-2000
Reported in: 2001(1)AWC235; (2001)1UPLBEC129
Shyamal Kumar Sen, C.J.1. Wehave heard learned counsel for the parties and have perused the records of the case. 2. The special appeal arises out of Judgment and order of the learned single Judge dismissing the writ petition of the petitioner wherein the petitioner has challenged the impugned order of transfer. Earlier also, the petitioner challenged the transfer order in which learned single Judge directed his representation to be considered by the authority concerned and till then, the transfer order was directed to be stayed. The representation of the petitioner was rejected by the concerned authority and he was relieved from the post where he was working and was directed to join the transferred post in the State of Uttaranchal. The petitioner (appellant herein) challenged the order of rejection. Learned single Judge, however, dismissed the writ petition on the ground that the transfer order was passed on August 7, 1999, the representation of the petitioner pursuant to the earlier w...
Dr. Anil Pukharia and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Nov-27-2000
Reported in: 2001(1)AWC553
S. H. A. Raza and R. P. Nigam, JJ.1. It was vehemently urged by the learned counsel for the petitioner that the pronouncement of Hon'ble Supreme Court in Sabhajit Tiwary v. Union of India and others, (1975) 1 SCC 485, has become obsolete in view of the pronouncement of the Hon'ble Supreme Court in Ajay Hasia, etc. v. Khalid Mujib Sehravardi and others, AIR 1981 SC 487, P. K. Ramachandra Iyer and others v. Union of India and others, (1984) 2 SCC 141 and U. P. State Co-operative Land Development Bank Limited v. Chandra Bhan Dubey and others, (1999) 1 SCC 741 and several other subsequent pronouncements, hence, the writ petition should be entertained as theaction of the respondents the CDRI is totally non-est.2. The arguments advanced by the learned counsel for the petitioner has substantial force. Much water has flown since the decision of the Hon'ble Supreme Court in Sabhajit Tewary v. Union of India and others (supra). The Hon'ble Supreme Court in the recent years have enlarged the juri...
Mohd. Ilyas Khan and Others Vs. Zonal Manager, L.i.C. of India, Kanpur
Court: Allahabad
Decided on: Nov-27-2000
Reported in: 2001(1)AWC769; [2001(88)FLR656]
ORDERA.K. Yog, J.1. Heard Sri Satish Chandra Misra, advocate, holding brief of Sri U. S. Tiwari, learned counsel for the petitioners and Sri Manish Goel, advocate, on behalf of the sole respondent.2. The brief facts of the case are that petitioners (Mohd. Ilyas Khan, Santosh Kumar Pandey, Som Nath Rai and Jai Narain) claim to have been discharged from defence services-Indian Air Force w.e.f. 31.8.1993, as stated in para 1 of the writ petition.3. Before their discharge from the defence services, petitioners applied against the advertisement dated 7.12.1992 issued by the Life Insurance Corporation of India (for short called 'the Corporation'). The copy of the said advertisement is not on record of the case. Petitioners contended themselves by stating that 'the said advertisement being illegible is not being filed here. It could be shown to this Hon'ble Court at the time of arguments if so required'. Learned counsel for the petitioners, however, failed to produce the legible copy of the a...
Krishna Mohan Sharma Vs. Jai Bhadra Singh
Court: Allahabad
Decided on: Nov-27-2000
Reported in: AIR2001All175
R.D. Mathur, J. 1. Both these Election Petitions have been filed calling in question the validity of the election of Sri Bhadra Singh, who has been declared elected as member of Lok Sabha from 26th Sultanpur Parliamentary Constituency in 1999 General Election held for constituting 13 Lok Sabha. The petitioner, Sri Krishna Mohan Sharma has filed the Election Petition under Section 81 of the Representation of People Act, 1951 and the petitioner Sri Satya Dev Singh has filed the Election Petition under Sections 80, 80A, 81, 84, 86, 98, 99, 100, 100(1)(c)(d)(iv) of the Representation of People Act 1951, read with Article 329(b) of the Constitution of India:2. Since the issues raised are common, both these Election Petitions have been clubbed together for disposal. The parties have also agreed for combined hearing of the petitions.3. The facts pleaded by the petitioners are as follows :Sri Satya Dev Singh who has filed Election Petition No. 9 of 1999, was one of the contestants for the Elec...
Bhupendra Kumar Vs. District Inspector of Schools, Aligarh and Others
Court: Allahabad
Decided on: Nov-24-2000
Reported in: 2001(1)AWC226; [2001(88)FLR210]; (2001)1UPLBEC478
V.M. Sahai, J.1. Father of the petitioner Harish Chandra Verma was assistant teacher in Malviya Inter College, Andla, Aligarh. He died in harness on 29.3.1996 leaving behind his widow Smt. Mithlesh Devi, son Yatindra Kumar aged eighteen years, petitioner who was a minor and Km. Durgesh minor daughter. Smt. Mithlesh Devi and elder son Yatindra Kumar who could have claimed appointment immediately after the death did not claim any appointment. Petitioner's date of birth is 30.6.1981. He passed B.Sc. examination in 1999. He became major on 30.6.1999. Smt. Mithlesh Devi moved an application on 6.7.1999 before the District Inspector of Schools. Aligarh (in brief D.I.O.S.) on the ground that her elder son Yatindra Kumar is not interested in the service of education department, therefore, petitioner be appointed under the dying-in-harness rules on the class-III post of clerk. By letter dated 23.7.1999, the D.I.O.S. intimated that no post of clerk was vacant and he offered appointment to the pe...
Rakesh Kumar Vs. Deputy Inspector of Schools, Etawah and Others
Court: Allahabad
Decided on: Nov-24-2000
Reported in: 2001(1)AWC236; [2001(88)FLR1081]; (2001)1UPLBEC118
V. M. Sahai, J. 1. Sri Ram Shanker Tiwari, father of the petitioner, was working as Assistant Teacher in Junior High School, village Birondhi, district Etawah. He died-in-harness on 9.2.1984. His elder son Ram Adhar was given appointment on 23.6.1989 as Assistant Teacher in Primary Pathshala, village Tiliya Katara, district Etawah, under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (in brief rules). Petitioner made an application for appointment under the rules before the respondents on 5.1.1991 on the allegation that his elder brother Ram Adhar who was given appointment on compassionate ground, after his marriage, has left the joint family in 1989. And the family of the deceasedis again facing financial crisis, therefore, petitioner who is the son of deceased be given appointment under the rules. By order dated 24.4.1991 petitioner was given appointment by Deputy Inspector of Schools Etawah, on a class-IV post in Junior High School. B...
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