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Allahabad Court November 2000 Judgments

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Nov 13 2000

Pappu Vs. State of U.P.

Court: Allahabad

Decided on: Nov-13-2000

Reported in: 2001CriLJ2096

S.K. Agarwal, J.1. The appellant has preferred this appeal against the conviction Under Section 29(ii) of Narcotic Drug and Pshychotropic Substances Act, 1985 (in short called NDPS Act). He was sentenced to 10 years R.I. and a fine of Rs. 1,00,000/ -. In default of payment of fine, he has to undergo R.I. for 2 more years. At the time of conviction he was in jail. He is on bail in this appeal.2. The prosecution has come up with a case that on 13-4-1992, S.O. of P.S.. Bakewar was on duty at a school in village Jarara where the High School examination was going on. Along with him some constables were also on duty. His duty was from 3 to 6 P.M. At about 6.15 p.m. when the police party was returning to their respective out post and the police station, on the road leading from Musafa to Shakura from where a road bifurcates to village Jarara in the West, he arrested the appellant on suspicion when on seeing the police party he turned back and tried to run away. After his arrest on a search of...


Nov 10 2000

Prasad Industries and Others Vs. District Magistrate/Collector, Shahja ...

Court: Allahabad

Decided on: Nov-10-2000

Reported in: 2001(1)AWC133

ORDERBinod Kumar Roy and S. K. Jain, JJ. 1. Petitioner No. 1, M/s Prasad Industries and petitioner Nos. 2 to 4 who are its partners, have come up with a prayer to quash the entire recovery proceeding initiated at the instance of respondent No. 3, Deputy Regional Marketing Officer, Shahjahanpur, through respondent Nos. 1 and 2 for realisation of Rs. 19,36,784.40 paise from them as arrears of land revenue under the provisions of the Rules framed under the U.P.Z.A. and L.R. Act, 1951 and to command them not to realise the said amount from them. 2. Paragraphs 29 and 42 of this writ petition reads thus : '29. That the petitioner ultimately filed a Writ Petition No. 21812 of 1994 for a writ of certiorari for quashing the citation dated 31.5.1994 and also for a writ of mandamus that the amount of Rs. 1936,784.40 p. be not realised from the petitioners in lump-sum. x x x x x x x42. That this Hon'ble Court finally disposed of the said Writ Petition No. 21812 of 1994 by order dated 30.9.1994 per...


Nov 10 2000

Jagatpal Singh Vs. State of U.P. and Others

Court: Allahabad

Decided on: Nov-10-2000

Reported in: 2001(1)AWC551

S. K. Sen, C.J.1. The petitioner has prayed for a writ of certiorari to quash the challan of his vehicle (Vikram Tempo No. UP 32 T 4341) dated 13.09.2000, contained in Annexure-1 to the writ petition. He has further prayed for a writ of mandamus commanding the opposite parties to release his above vehicle-The vehicle of the petitioner has been seized under Section 207(1) of the Motor Vehicles Act, 1988.2. Learned counsel for the petitioner has submitted that in similar cases, orders for release of the vehicle through Chief Judicial Magistrate have been passed by this Court earlier. In support, he has filed a copy of such order as Annexure-6 to the writ petition. Learned counsel for the State has submitted that under Section 207(2) of the Motor Vehicles Act, 1988 power to release such vehicle has been given to the transport authority or any officer authorized in this behalf by the State Government and the Chief Judicial Magistrate has no power to release the vehicle.3. We have considere...


Nov 10 2000

Smt. Kanak Raji Vs. District Panchayat Raj Officer and Another

Court: Allahabad

Decided on: Nov-10-2000

Reported in: 2001(1)AWC564

S. K. Sen, C.J.1. In the instant writ petition, the contention of the writ petitioner is that a resolution was validly passed by the Gaon Sabha on 31.08.2000, contained in Annexure-2 to the writ petition, constituting different committees and the said resolution was duly approved by the District Panchayat Raj Officer, Sultanpur on 27.09.2000, as contained in Annexure-4 to the writ petition.2. We have consideredAnnexure-5 to the writ petition beinga letter dated 3.11.2000 whichrecords that the District PanchayatRaj Officer, Sultanpur by his orderdated 30.10.2000 has directed thatthe Committees constituted on31.8.2000 have been cancelled anddirected the Block DevelopmentOfficer to inform the same to theGram Panchayat. Mr. S. N. Pandey,learned advocate, who has filedcaveat in the matter on behalf of Up-Pradhan submitted that 2/3rd of themembers of the Gaon Sabha haveraised objections against theresolution. We are of the view thatappropriate provision under the U. P.Panchayat Raj Rules is ...


Nov 09 2000

Smt. Anamika Vs. State of U.P. and Others

Court: Allahabad

Decided on: Nov-09-2000

Reported in: 2001(1)AWC51; (2001)1UPLBEC114

S.R. Singh, J.1. This petition is directed against the order dated 17.6.1996 passed by the Regional Deputy Director of Education (Secondary), IVth Region. Allahabad and the consequential notice dated 1.7.1996 issued by the Manager, Kamla a Balika Inter College, Khaga, Fatehpur being Annexures-11 and 13 respectively to the writ petition. The Regional Deputy Director of Education IVth Region, Allahabad by her order dated 17.6.1996 has set aside the petitioner's ad hoc appointment to the post of Lecturer (Economics) in Kamla Balika Inter College. Khaga. Fatehpur (in short the College) and ordered for promotion of respondent Smt. Suman Sinha on the said post. The impugned notice dated 1.7.1996 was consequently issued by the Manager terminating the services of the petitioner w.e.f. 31.7.1996.2. The facts giving rise to this writ petition briefly stated are these : Smt. Sarla Joshi, permanent Principal of the College died resulting in a vacancy in the post of Principal. Smt. Pramila Sinha, t...


Nov 09 2000

Manoj Kumar Garg Vs. State of U.P. and Another

Court: Allahabad

Decided on: Nov-09-2000

Reported in: 2001(1)AWC248; [2001(88)FLR411]

V. M. Sahai, J.1. Petitioner was born on 2.1.1975. His father was working since 1.7.1974 as Assistant Teacher in aided institution Dayanand Vedic Vidyalaya Junior High School. Shamli, district Muzaffarnagar. He was a permanent assistant teacher. He died-in-harness on 19.11.1989. At the time of his father's death, petitioner was a minor of about 14 years. No one in the family was qualified to claim appointment in 1989. The petitioner passed his High School and Intermediate examinations in 1991 and 1995. He, after attaining the age of majority and qualification for the post of clerk, claimed appointment under the Dying-in-Harness Rules and applied on 31.5.2000. His claim has been rejected by District Basic Education Officer (in brief BSA) by order dated 7.6.2000. It is this order dated 7.6.2000 which has been challenged in this writ petition. 2. Sri Awadh Narain Rai, learned counsel for the petitioner has urged that father of the petitioner died when the petitioner was a minor aged 14yea...


Nov 09 2000

Kanhaiya Lal Vs. Commissioner of Income-tax and anr.

Court: Allahabad

Decided on: Nov-09-2000

Reported in: (2001)166CTR(All)360; [2001]247ITR686(All); [2001]117TAXMAN113(All)

M. Katju, J. 1. This writ petition has been filed against the order dated March 31, 1997, passed by the Commissioner of Income-tax, Agra, under Section 273A of the Income-tax Act, 1961. Counter affidavit and rejoinder affidavits exchanged and we have heard counsel for the parties. 2. For the relevant assessment year 1992-93, the assessee filed a return on August 31, 1992, showing an income of Rs. 33,387, but subsequently on August 24, 1993, he filed a revised return showing an income of Rs. 70,000. This was on account of a credit Rs. 69,853 in the State Bank account of the petitioner on January 15, 1992, in respect of a bank draft dated December 19, 1991, of the Viyas Bank Ltd. It is alleged that the revised return was filed voluntarily prior to the detection by the Assessing Officer. In respect of the above revised return, notice under Section 148 was issued by respondent No. 2. Notice under Section 143 was also issued requiring the petitioner to explain various queries including gen...


Nov 09 2000

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Assessin ...

Court: Allahabad

Decided on: Nov-09-2000

Reported in: (2001)167CTR(All)22; [2001]248ITR113(All); [2001]117TAXMAN253(All)

M. Katju, J.1.Heard Dr. Debi Prosad Pal and Sri Rakesh Kumar, for the petitioner, and Sri Bharatji Agarwal, for the Department.2. This writ petition has been filed praying for a writ of certiorari to quash the impugned letters and summons dated October 23, 1998, four letters and summons all dated November 6, 1998, four letters and summons all dated November 25, 1998, and four letters and summons all dated December 2, 1998, relating to the financial years 1995-96, 1996-97, 1997-98 and1998-99 and the survey and seizure made on October 30, 1998, and the retention of documents made under Section 131(3) of the Income-tax Act on November 17, 1998, by respondent No. 1 and all proceedings pursuant thereto. It has also been prayed that a writ of mandamus be issued commanding the respondent to act in accordance with law and cancel the impugned letters. It has further been prayed that a writ of prohibition be also issued to the respondent prohibiting the respondent from taking action in pursuance...


Nov 08 2000

Prabhu Dayal Tiwari and Others Vs. Lakhan Singh and Others

Court: Allahabad

Decided on: Nov-08-2000

Reported in: 2001(1)AWC41

R. H. Zaidi, J.1. In this case counter and rejoinder-affidavits were filed by the parties. As desired by the learned counsel for the parties, case was heard and is being decided finally at this stage.2. The instant revision arises out of the proceedings under Section 92, C.P.C. and is directed against the judgment and order passed by the District Judge, Jhansi, dated 4.12.1992, granted permission to the contesting respondents to institute a suit under Section 92, C.P.C. with respect to the temple, known as, Sri Kalyan Rai Ji Virajman Mandir, Madhopura, village Bhasneh, Pargana Garautha, district Jhansi, for short 'property in dispute'. The opposite parties filed an application under Section 92, C.P.C. praying for granting permission to file the suit for constitution of a trust committee and to frame a scheme of administration for managing the trust property. It was claimed that the said property was a public trust, which was being mismanaged, therefore, it was necessary to frame a sche...


Nov 08 2000

Swami Sahjanand Post Graduate College, Ghazipur Vs. Purvanchal Univers ...

Court: Allahabad

Decided on: Nov-08-2000

Reported in: 2001(1)AWC48; [2000(87)FLR959]; (2001)1UPLBEC510

S. R. Singh and D. R. Chaudhary, JJ.1. The question that begs determination in this writ petition is as to whether a substantive vacancy in the post of a teacher of a Post Graduate College can be filled up by transfer of a teacher from another college affiliated to the self-same University.2. Factual background of the case may be stated thus ; Swami Sahjanand Saraswati Post GraduateCollege. Ghazipur (In short Post Graduate College) is affiliated to Veer Bahadur Singh Purvanchal University. Jaunpur (In short the 'Purvanchal University') and so ts Khardlha Degree College. Khardiha. Ghazipur. The 3rd respondent, namely. Dr. Harish Chandra Rai entered the service as a teacher in Khardiha Degree College, Ghazipur on 4.1.1979. It seems there existed a vacancy in the post of lecturer Political Science in the Post Graduate College. The third respondent with a view to usher himself in the said Post Graduate College as lecturer Political Science submitted an application to the Committee of Manag...


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