Allahabad Court February 2000 Judgments
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Brij Bhushan Lal and Sons Vs. Designated Authority
Court: Allahabad
Decided on: Feb-02-2000
Reported in: (2001)165CTR(All)137; [2001]246ITR353(All)
M. C. Agarwal, J.By this petition under article 226 of the Constitution of India, the petitioner challenges the orders dated 17-3-1999, passed by the Designated Authority, i.e., Commissioner (Appeals), Meerut (hereinafter referred to as the respondent No. 1), whereby the petitioner's declarations under the Kar Vivad Samadhan Scheme have been rejected for the reason that there were no arrears of tax due from the petitioner on the date of the declaration, i.e., 31-12-1998.2. The petitioner's case is that by section 89 of the Finance (No. 2) Act, 1998, a scheme for settlement of tax disputes was introduced and the petitioner, which is a Hindu undivided family, filed declarations for the assessment years 1988-89 to 1992-93. Under the scheme only all assessee against whom tax was in arrears could approach for the settlement of the dispute in accordance with the provisions of this Act. Section 88 provides for settlement of tax payable in respect of tax arrears and there is no dispute between...
Parmeshwar Khanna and Others Vs. Smt. Bhagwati Devi and Others
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(1)AWC699
D. K. Seth, J.1. By an order dated 6th November, 1999, the learned Additional District Judge, XVIth Court. Meerut, being the Judge, Small Causes Court, had rejected the defendant's application under Order VII. Rule 10 of the Code of Civil Procedure for return of the plaint in S.C.C. Suit No. 13 of 1995. The defendant had filed an application for review, which was also rejected by an order dated 17th November, 1999 passed in S.C.C. Suit No. 13 of 1999 by the same learned Judge. These two orders are under challenge in this revisional application under Section 25 of the Provincial Small Cause Court Act. Mr. R. N. Bhalla, learned counsel for the revisionists contends that by reason of an agreement produced in suit in terms of thepleadings pleaded in the written statement, It is abundantly clear and apparent on the face of the record that a question of title is Involved in the present suit, which is outside the scope and ambit of Section 23 of the Provincial Small Cause Courts Act. By reaso...
Sanjeev Kumar Dubey Vs. District Inspector of Schools, Etawah and Othe ...
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(1)AWC857
S. R. Singh, J.1. The vexed question that begs determination in this Special Appeal is whether the third proviso to Section 16 (1) of the U. P. Secondary Education Service Selection Boards Act, 1982 and the Notification No. 300/XV/72 (1)/90, Shiksha Anubhag-7, Lucknow, dated February 2, 1995 which enable appointment of the dependent of a teacher or other employee of an institution dying-in-harness as a teacher in trained graduate grade, are ultra vires the Constitution.2. A brief sketch of necessary facts giving rise to Special Appeal No. 426 of 1998 is that the appellant's father, Sri Narain Prasad Dubey. a Science demonstrator in Sri Radha Ballabh inter College, Phaphund in the district of Etawah. was spirited away by death while in harness on 31.12.1993. The appellant staked his claim for compassionate appointment as demonstrator in the Institution vide application dated 24.7.1995. The Committee of Management of the institution adopted a resolution on 10.3.1996 for appointing the ap...
Shakti Stone Works Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(2)AWC878
D. S. Sinha, J.1. Heard Sri Raj Kumar, the learned counsel appearing for the petitioner, and Sri Sanjay Goswami, the learnedstanding counsel of the State of U. P.. representing the respondents.2. The principal prayer of the petitioner is that this Court may by a writ, order or direction in the nature of mandamus command the respondents to issue a fresh lot of MM-11 Forms envisaged in Rule 70 of the U. P. Minor Minerals (Concession) Rules. 1963. hereinafter called the 'Rules'. The undisputed facts giving rise to the petition are these.3. The petitioner applied for grant of mining lease under Chapter-11 of the Rules. The mining lease was granted to him on 9.12.1994 for a period of ten years, i.e.. from 16.1.1995 to 15.1.2005, for mining building stones (Gttti, Boulders), in the area of plot Nos. 1650 M and 3607 measuring 2.65 acres situate in village Billi Markundi, Pargana Agori, Tehsil Robertsganj. district Sonbhadra.4. The lease was duly executed and registered. The petitioner deposit...
Manbodh Kumar Lal and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(2)AWC869; (2000)2UPLBEC1056
S.R. Singh, J.1. In the writ petition as also in the special appeals on hand, the challenge is to the validity of the Uttar Pradesh Panchayat Raj (Amendment) Act, 27 of 1999 and the G. O. dated July 1, 1999 pursuant to which the services of the village level employees of the State Government serving in the departments referred to in the G.O. aforestated were transferred to Gram Panchayats. The learned single Judge dismissed the Writ Petition Nos. 27939 of 1999. U. P. Basic Health Workers and another v. State of U. P. and others and 27937 of 1999, Smt. Shobha Sharma v. State of U. P. and others, by means of the judgment and order dated 13.7.1999, the correctness of which has been canvassed in the instant special appeals. Writ Petition No. 3329 of 1999 has been instituted on behalf of the U. P. Gram Panchayat Adhikari Sangh whereas Writ Petition No. 27939 of 1999 from which stemmed the Special Appeal No. 591 of 1999 was instituted on behalf of the U. P. Basic Health Workers Association a...
Committee of Management, Madarsa Dairatul Ishlah Chiragh-euloom Vs. Di ...
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(2)AWC887; (2000)2UPLBEC1304
S. R. Singh, J.1. This special appeal by Committee of Management, Madarsa Dairatul Ishlah Chiragah-E-Uloom, Rasoolpura. Varanasi, is directed against the judgment and order dated May 15, 1998 passed by the learned single Judge in Civil Misc. Writ Petition No. 33983 of 1996. Walliullah v. District Minority Welfare Officer. Varanasi and others. Walliullah, the petitioner arrayed herein as party respondent No. 3 approached this Court for issue of a writ of certiorari quashing the appointment of Mohd. Sabir Ansari, party respondent No. 4, to the post of Principal, Madarsa Dairalul Ishlah Chiragh-E-Uloom, Rasoolpura, Varanasi, inter alia on the ground that though he was duly appointed to the post of Principal vide appointment letter dated 29.6.1994 which was approved by the District Basic Shiksha Adhikari, Varanasi on 2.8.1995 yet the post was later on readvertised pursuant to which the fourth respondent Mohd. Sabir Ansari was selected and appointed as Principal of the institution. The peti...
Maheswar Prasad Tiwari Vs. Joint Director of Education, Gorakhpur and ...
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(2)AWC1052; (2000)2UPLBEC1191
S. R. Singh, J. 1. The question that crops up for consideration in this Special Appeal is as to whether ad hoc appointment of a Lecturer in a recognised intermediate College can be made by promotion under Section 18 of U. P. Secondary Education Service Selection Boards Act, 1982 (in short 'the Act'), read with provisions contained in the U. P. Secondary Education Service Commission Rules, 1995 (in short 'the Rules) in respect of a 'vacancy' which is ultimately to be filled in by direct recruitment in accordance with the provisions of the Act read with Rule 14 of the Rules.2. The facts of the case lie in a short compass. Lady Prasanna Kaur Inter College. Sardar Nagar, Gorakhpur is a recognised Intermediate College (in short the 'college'). A substantive vacancy in the post of Lecturer (English) occurred on 1.7.1996. The vacancy fell in the 50% quota prescribed for direct recruitment. The Committee of Management of the college, however,passed a resolution on 16.11.1995 for giving ad hoc ...
Banaras Hindu University and Another Vs. Km. Rohini Singh
Court: Allahabad
Decided on: Feb-01-2000
Reported in: 2000(2)AWC1243; (2000)2UPLBEC1113
S.R. Singh, J.1. Challenge in the Special Appeal on hand is to thecorrectness of the judgment dated 23.10.1998 of the learned single Judge whereby the Civil Misc. Writ Petition No. 194 of 1998 instituted by respondent Km. Rohini Singh culminated in being allowed post-fixed with the directions to the appellants to give her admission in the one-year M.Ed, course. Thepetitioner was also awarded cost quantified at Rs. 2.000.2. The necessary facts as bear on the controversy Involved in this appeal are that the petitioner-respondent Km. Rohini Singh, took entrance test for admission to one-year M.Ed, course 1997-98, conducted by the appellants. The aforesaid course had seating allocation for 25 students including three supernumerary seats. 50% of the total seats were reserved for Banaras Hindu University students, that is to say, for students who have been admitted through University Entrance Test, B.H.U. and have passed the qualifying examination from the Institute/Faculty/Mahila Mahavidyal...
Amrendra Nath Singh Vs. Bar Council of U.P. and anr.
Court: Allahabad
Decided on: Feb-01-2000
Reported in: AIR2000All224; (2000)1UPLBEC825
R.R.K. Trivedi, J.1. The aforesaid three writ petitions have been filed challenging the actions/omissions of Bar council of Uttar Pradesh pertaining to the election held for constituting fresh Bar Council and thus, questions of law and fact involved in all the writ petitions are similar and they can be diposed of by a common judgment. The writ petition No. 36101 of 1999 shall be the leading case.2. The relief claimed in the writ petitions are not identical and so also the pleadings, however, the undisputed facts between the parties are that son the basis of the last election Bar Council of Uttar Pradesh, assumed office on 17-6-1994 and its term offive years was to expire on 16-6-1999. However, as the Bar Council failed to provide for the election of its members before expiry of the term of five years the Bar Council of India by an order extended the term for a period of six months in exercise of power conferred under the proviso to Section 8 of Advocates Act, 1961 (hereinafter referred...
Shyam Sunder Misra Vs. Joint Director of Education and anr.
Court: Allahabad
Decided on: Feb-01-2000
Reported in: (2000)1UPLBEC768
D.K. Seth, J.1. Order dated 25th May, 1999 (Annexure 24 to the writ petition) and order dated 12th May, 1999 (Annexure 15 to the writ petition) and the order dated 25th May, 1999 (Annexure 23 to the writ petition) have since been challenged in this writ petition. The first two order were passed by the District Inspector of Schools, Chitrakoot (in short, the DIOS) while the third order was passed by he learned District Judge, Chitrakoot in Misc. Civil Appeal No. 14 of 1999. The dispute in fact is with regard to the election of the Committee of Management of Tulsi Inter College, Banda, a recognized institution alleged to have been held on 20th May, 1999.2. Mr. A.P. Shahi, learned Counsel for the petitioner contends that according to Clause 8 of the scheme of administration, the life of the Committee of Management, which is of three years and one month duration, was due to expire on 13th May, 1999 and as such, no election could be held on 20th May, 1999. He further contended that the peti...
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