Allahabad Court May 2000 Judgments
Govind Nagar Sugar Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-30-2000
Reported in: 2001(1)AWC65
ORDERPradeep Kant, J. 1. These are three writ petitions which required adjudication on common question of law. 2. Two writ petitions viz. ; Writ Petition Nos. 325 and 326 (MS) of 2000, filed on the same day after effecting service upon the opposite parties and after filing the counter-affidavits by the contesting parties. are being decided and finally disposed of with the consent of the parties counsel by a common order as the 'lis' is between the same parties which involves certain common question of law. Both the writ petitions have been filed by Govind Nagar Sugar Ltd. Walterganj, Basti [hereinafter referred to as 'Walterganj Mills' for short) against Balrampur Chini Mills Ltd. Babhnan district Gonda (hereinafter referred to as 'Babhnan Mills' for short). In both the writ petitions the orders passed by the State Government under Section 15 (4) of U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953. have been challenged. 3. The most important and common questions of law pre...
Tag this Judgment!Krishna Kumar Mishra Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-29-2000
Reported in: 2000(3)AWC2133; (2000)3UPLBEC2624
V. M. Sahai, J.1. The petitioner in Writ Petition No. 2447 (M/S) of 1999 passed intermediate examination conducted by the Board of High School and Intermediate Education. U. P. in 1993. He secured 46.2 per cent marks and was placed in second division. His subjects were Physics, Chemistry and Biology. In April, 1999 the State Government, in exercise of powers under Section 28 (5) of the U. P. State Universities Act, 1973, issued an order for conducting competitive entrance examination known as, Combined Pre-Medical Test, 1999 (in brief C.P.M.T. 1999). The work of conducting the examination was entrusted to the Roorkee University. The university issued an advertisement which was published in newspaper Dalnik Jagaran on 22.4.2000 inviting applications for admission to firstyear course of M.B.B.S., B.D.S., B.H.M.S., B.A.M.S. and B.U.M.S. for the academic session 1999-2000. The minimum qualification prescribed for appearing in the examination, as per the adverllsement, was that the candidat...
Tag this Judgment!Lalta Prasad Vs. U.P. Co-op. Federation, Lucknow and Another
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2095; [2000(87)FLR665]
U.K. Dhaon, J.1. Sri Lalta Prasad has approached this Court against the order dated 12.10.92. by which he had been retired from service with effect from 30.11.92.2. The contention of the learned counsel for the petitioner is that the date of birth of the petitioner is 13.4.1941. which is mentioned in the personal file of the petitioner. He further submits that a communication dated 20.10.1975 was issued from the office of opposite party No. 1 and the petitioner was required to indicate hisdate of birth as well as his educational qualifications and in compliance of the said communication, the petitioner submitted prescribed form mentioning his date of birth as 13.4.1941. He also submits that in the seniority list of the year 1973, the date of birth of the petitioner is mentioned as 13.4.1941 and same date of birth is also mentioned in the seniority lists of the years 1986 and 1991 and as such the impugned order is legally not sustamable.3. Sri Anil Kumar Tewari, the learned counsel for ...
Tag this Judgment!District Inspector of Schools, Kanpur Nagar and Another Vs. Diwakar La ...
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2182; (2000)3UPLBEC2494
A.K. Yog, J.1. This special appeal by the District Inspector of Schools. Kanpur Nagar and another has been Filed against the judgment and order dated April 16, 1999 passed by learned single Judge in Writ Petition No. 9767 of 1994. Diwakar Lal and 3 others v. District Inspector of Schools. Kanpur Nagar and others.2. P. N. N. Inter College, Kanpur (called 'college') is, admittedly, arecognised Intermediate College governed by the provisions of the U. P. Intermediate Education Act, 1921, Payment of Salaries Act, 1971, and U. P. Secondary Education Services Commission Act, 1981. Four posts of Lecturers in the College fell vacant. Requisition was sent to the Commission, Still the posts remained vacant for more than two months as the Commission failed to select and recommend candidates. Hence, four Assistant Teachers in L. T. grade were promoted on the posts of Lecturer in the College--purely on ad hoc basis as follows :1. S. K. Srtvastava, L. T. Grade Teacher--given ad hoc promotion--on pos...
Tag this Judgment!Director, Indian Institute of Technology, Kanpur Vs. Hiyat Khan
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2265; (2000)3UPLBEC1889
G.P. Mathur, J. 1. This special appeal is directed against the judgment and order dated 23.8.1999 of a learned single Judge by which Writ Petition No. 39548 of 1998 filed by respondent. Hiyat Khan, was allowed and the order dated 12.10.1998 passed by Director. Indian Institute of Technology. Kanpur (hereinafter referred to as the IIT) terminating his training was quashed. 2. The respondent, Hiyat Khan, was enrolled by the IIT, Kanpur, as a trainee (Machinist) on 7.10.1996 for a period of two years. His training was initially terminated by order dated 19.9.1997. This was challenged by him by filing C.M. Writ Petition No. 39148 of 1997 which was allowed on 21.5.1998 and the order terminating his training was quashed. It was, however, left open to the appellants (respondents in the writ petition) to take appropriate action and pass a fresh order after affording an opportunity of hearing to the writ petitioner. Thereafter, the appellant served a notice dated 12.6.1998 upon the respondent t...
Tag this Judgment!Sheetal Prasad Kesharwani Vs. Xvith Addl. District and Sessions Judge, ...
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2224
A. K. Yog, J.1. This is a tenant's petition under Article 226. Constitution of India.2. A release application. Parwati Tandon and others v. Sheetal Prasad Kesharwani, Case No. 35 of 1993, was filed by the landlords (contesting respondent Nos. 3 to 6) under Section 21 (1) (a). U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act. 1972. U. P. Act No. XIII. of 1972. (for short called 'the Act') contending that first floor portion of House No. 43/168B. Chowk. Kanpur Nagar, comprised of two rooms and open space (8' x 12') (called accommodation in question) is in the tenancy @ Rs. 15 p.m.3. Release was claimed on the ground of their genuine, bona fide, personal need and also that their hardship was more as compared to that of the tenant.4. Tenant-petitioner opposed release application primarily on the ground that the landlords had no valid title or right under law because 'Will' [executed by the erstwhile owner/landlord Laloo Mal in favour of Smt. Ratan Devi - predecessor in i...
Tag this Judgment!Sanjay Kumar Singh and Others Vs. Sstate of U. P. and Others
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2239; (2000)3UPLBEC2482
A. K. Yog, J.1. Five persons. Messrs Sanjay Kumar Singh and 4 others (Petitioner Nos. 1 to 51 have filed this petition under Article 226. Constitution of India being aggrieved against the Impugned order dated May 10, 1999. (Annexure-5 to the writ petition), issued by the State Government/Respondent No. 1, cancelling select list/merit list containing their names--said to be prepared under--'Direct Recruitment of Group 'C' Posts (Outside purview of the U. P. Public Service Commission) Rules. 1998.' (hereinafter called Rules. 1998.2. Briefly stated, salient facts of the case are that an advertisement was made in daily newspaper (Amar Ujala) dated August 10, 1998--Annexure-1 to the writ petition Inviting applications from eligible candidates for appearing in the proposed examination. Petitioners, along with other candidates, applied against the aforesaid Advertisement and appeared in the written examination held on 13th December,1998. Interview was also held by a Selection Committee (consi...
Tag this Judgment!Gopal Shukla Vs. Vth Additional District Judge, Deoria and Others
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2285
Shitla Prasad Srivastava, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, who is tenant of the disputed shop, for quashing the orders passed by the Vth Additional District Judge, Deoria and Judge Small Causes Court (Civil Judge). Deoria, respondent Nos. 1 and 2 respectively.2. The brief facts, as stated in the writ petition, are that the petitioner was the tenant of the premises in question, which are two in number. The rent of the first was Rs. 90 per month and for the second. It was Rs. 20 per month. A suit was filed by the respondent Nos. 3 and 4, who are the husband and wife for the ejectment of the petitioner from the said premises on the ground that thepetitioner had not paid the rent since 1979.3. The petitioner contested the suit and filed his written statement and alleged that there was no rent due against him rather he had deposited the rent which was more than the amount claimed in tire Court. The further plea of the p...
Tag this Judgment!Smt. Fatma Parveen and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-25-2000
Reported in: 2000(3)AWC2377; (2000)3UPLBEC2075
Bhagwan Din, J.1. The State Government (Respondent No. 1) took a policy decision to appoint in the year 1995-96 about 5.000 Urdu Assistant Teachers in the Primary/ Upgraded Primary Schools, established and managed by the U. P. Basic Shiksha Parlshad. In this regard, a Government order No. 2709/15.5.95-75/95, dated 21.7.1995 was issued, providing that such appointments shall be made under the provisions of U. P. Basic Shiksha Adhyapak (Sewa Niyamawall), 1981 in pursuant to the aforesaid policy decision. The District Basic Shiksha Adhlkarl Issued a notice, published on 6.8.1995 in dally newspaper Amar Ujala. Meerut. Inviting applications for appointment on the posts of Urdu Assistant Teacher. A number of candidates applied for. After scrutiny, those found suitable, were allowed to appear in the competitive examination held on 10.9.1995. After evaluation of the performance in the competitive examination, a list of successful candidates was published on 15.9.1995. But, the appointment lett...
Tag this Judgment!Amrit Banaspati Co. Ltd. Vs. Commissioner of Income-tax and anr.
Court: Allahabad
Decided on: May-25-2000
Reported in: (2002)172CTR(All)151; [2002]255ITR111(All); [2001]119TAXMAN105(All)
M. Katju, J. 1. This writ petition has been filed praying for a writ of certiorari for quashing the impugned order dated December 22, 1994, annex -ure G to the writ petition, passed by respondent No. 1, Commissioner of Income-tax, Meerut. A prayer has also been made for a mandamus directing respondent No. 1 to waive/reduce the entire interest charged by respondent No. 2 under Section 7C of the Companies (Profits) Surtax Act, 1964 (hereinafter referred to as 'the Act') for the assessment year 1987-88.2. Counter and rejoinder affidavits have been exchanged and we have heard Shri V. B. Upadhyaya, senior advocate, and Shri Shambhu Chopra, for the petitioner, and learned Departmental counsel for the Revenue.3. The petitioner is a public limited company incorporated under the Indian Companies Act. The scheme of the Act is that surtax is payable on the chargeable profits of the previous year as exceed the statutory deduction at the rates specified in the Third Schedule. The First Schedule to ...
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