Allahabad Court May 2000 Judgments
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Lachman Deo Vs. District Judge, Nainital and Others
Court: Allahabad
Decided on: May-23-2000
Reported in: 2000(3)AWC2236
Sudhir Narain, J. 1. This writ petition is directed against the judgment of respondent No. 1, whereby the revision was allowed and the suit filed by the plaintiff respondent No. 3, has been decreed.2. Briefly stated the facts are that the plaintiff, Sri Gandhi Ashram, a registered society, filed Suit No. 11 of 1996, in the Court of Judge Small Causes for recovery of arrears of rent, ejectment and damages against the petitioner with the allegations that the plaintiff is a public charitable institution and the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, -(in short 'the Act') were not applicable. The petitioner was a tenant of the premises in dispute at Rs. 24.50 per month. A notice dated 16.4.1996 was sent terminating his tenancy but inspite of service of notice, he has not vacated the disputed premises. The petitioner contested the suit and denied that the plaintiff is a public charitable institution and his tenancy was wrongly terminated. T...
Committee of Management, Pramod Inter College, Sahsawan, Badaun and An ...
Court: Allahabad
Decided on: May-23-2000
Reported in: 2000(3)AWC2226; [2000(86)FLR379]; (2000)3UPLBEC2480
D. K. Seth, J.1. The respondent No. 3, was suspended In contemplation of enquiry. The said order was challenged by the respondent No. 3, in Writ Petition No. 18468 of 2000, which is Annexure-8, to this writ petition. In the said writpetition, an order was passed on 22nd April, 2000, granting interim order to the extent that the Management may continue with the enquiry but however, the operation of the order of suspension was remain stayed till further orders. The order of suspension can continue only till the enquiry is over and the same is subject to the result of such enquiry unless it is revoked earlier. Mr. Ashok Khare learned counsel for the petitioner contends that the suspension having received the approval of the District inspector of Schools, it continued till the enquiry was over. Since it was never revoked according to him as soon as the enquiry was over and the petitioner was found guilty of the charges and proposal for termination is forwarded to the District Inspector of ...
Smt. Saroj Jaiswal and Another Vs. District Magistrate and Others
Court: Allahabad
Decided on: May-23-2000
Reported in: 2000(3)AWC2353
D. S. Sinha and Bhagwan Din, JJ.1. Heard Shri A. N. Sinha. learned counsel appearing for the petitioners, Shri Sanjay Goswami, learned standing counsel of the State of U. P. representing the respondent Nos. 1 and 2, and Shri Chandra Prakash, learned counsel who has accepted notice on behalf of the respondent No. 3.2. Petitioners are aggrieved by the attachment of their properties in connection with the realisation of alleged dues of respondent No. 3 against respondent No. 4. The attachment has been effected under the provisions of Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950, hereinafter called the Act, in pursuance of the attachment, properties under attachment are also notified for auction.3. The provisions contained under Sections 282 and 341 of the Act clearly Indicate that the provisions of Code of Civil Procedure, 1908, hereinafter called the Code, including the provisions contained in Order XXI of the Code, are applicable. if any objection is filed against the at...
Democratic Bar Association, Allahabad and Others Vs. High Court of Jud ...
Court: Allahabad
Decided on: May-23-2000
Reported in: 2000(3)AWC2383A; (2000)2UPLBEC1387
R. R. K. Trivedi, J.1. Petitioner No. 1, it is claimed, is an association of advocates and petitioner Nos. 2 and 3, who are the advocates practising in High Court, have filed this writ petition under Article 226 of the Constitution questioning the legality of Rules dated 4.2.2000 by which Designation of Senior Advocates Rules. 1999 (hereinafter referred to as the Rules) have been amended. It has been prayed that amending Rules be declared ultra vires. Inoperative, null and void. It has also been prayed that respondents be restrained from designating 'Senior Advocates' in pursuance of impugned Rules. Second relief sought is that respondent No. 1 be directed to consider the advocates practising in District Courts for being designated as senior advocates. It has also been prayed that recommendations made by the Screening Committee on 6.3.2000 and 30.3.2000 may be quashed.2. Under Rule 9 of Chapter III of the Rules of the Court Hon'ble the Chief Justice called a Full Court meeting to be he...
Sahara India Mutual Benefit Co. Ltd. Vs. Asstt. Cit
Court: Allahabad
Decided on: May-23-2000
Reported in: (2002)74TTJ(All)67
ORDERI.S. Verma, J.M.In this appeal by the assessee against the order under section 263 of the Income Tax Act (hereinafter referred to as the Act), passed by the Commissioner, Central Circle, Kanpur on 22-3-1999, the assessee has assailed the Commissioners order by way of as much as 13 grounds extracted as under :'1. The Commissioner (Central), Kanpur, has erred against law and facts on record in framing the order dated 22-3-1999, under section 263 of the Income Tax Act contrary of law and facts on record.2. The Commissioner (Central) is in error in passing an order under section 263 with respect to order of assessment dated 27-3-1997, despite the facts that the order of assessment dated 27-3-1997, was neither erroneous nor prejudicial to the interests of the revenue on the facts and circumstances of the case.3. The Commissioner while framing the order under section 263 had failed to take cognizance of the record available at the time of its examination by the learned Commissioner in a...
Kesar Enterprises Ltd. and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-22-2000
Reported in: 2000(3)AWC1931
M. Katju, J.1. Heard Sri S. P. Gupta, T. P. Singh and Arun Tandon for petitioners, learned standing counsel and Sri A. K. Misra for respondent No, 3.2. The petitioners have challenged the impugned order dated 3.4.2000 passed by the State Government and the consequential order dated 3.4.2000 passed by the Excise Commissioner, U. P. and prayed for a mandamus to consider the claim of the petitioners for allotment of district Sultanpur for the excise year 2000-2001 in accordance with law.3. Several affidavits have been filed in this writ petition and in our opinion, since disputed questions of fact are involved in this case, the petitioners should avail of the alternative remedy under Section 11(2) of the U. P. Excise Act before the State Government.4. We have already held in Writ Petition No. 144 (Tax) 144 of 2000, M/s. Cocks India Ltd. v. State of U. P. and others, decided on 15.5.2000 that Section 11 (2) grants power to the State Government to reconsider its own order. Section 11 (2) of...
Ajay Kumar Vs. U. P. Public Service Commission, Allahabad and Another
Court: Allahabad
Decided on: May-22-2000
Reported in: 2000(3)AWC1946
M. Katju and D. R. Chaudhary,JJ.1. Heard learned counsel for the parties.2. The petitioner applied for Combined/State Subordinate Services (Preliminary) Examination. 2000. According to him, inadvertently he could not mention in the application Form his qualification as B.Com. and on that ground, his application was rejected.3. We are of the opinion that the U. P. Public Service Commission should not reject forms on such technicalities. Several petitions are coming up before this Court where forms are rejected due to technical omissions, e.g., that the candidate did not fill in his date of birth or his qualification, etc. Obviously, these are cases of human error and a person should not be penalized for this. All humans can commit errors. The proper course of action for the Commission is that in such cases, the Commission should call and ask the candidate to fill in the omission, and it should not reject his application Form on such technicalities.4. A Division Bench of this Court in Wr...
Narendra Nath Sinha Vs. State of U. P.
Court: Allahabad
Decided on: May-22-2000
Reported in: 2000(3)AWC1935; [2000(86)FLR283]; (2000)3UPLBEC2450
M. Katju, J.1. This writ petition has been filed for quashing the impugned order dated 2.5.2000 Annexure-6 to the writ petition and for quashing the downgraded entries of the petitioner pertaining to theyears 1984-85 to 1989-1990. 1993-94 and 1994-95 in the petitioner's A.C.R. and to consider the case of the petitioner for promotion to the post of Chief Engineer Level-11 against the vacancy of the year 1994-95 Ignoring the downgrading entries given by the Reviewing Officer and Accepting Officer.2. We have heard learned counsel for the parties and perused the record.3. The petitioner is presently working as Superintendent Engineer in P.W.D., U. P. The U. P. Public Service Commission selected him as Assistant Engineer and thereafter he was appointed. He was promoted as Executive Engineer from 12.7.1979 and further as Superintendent Engineer initially on ad hoc basis and later on regular basis on which post he is working since 30.5.1981. He is seeking promotion as Chief Engineer Level-II ...
Rayeen Fruit Company and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-22-2000
Reported in: 2000(3)AWC2001
Shyamal Kumar Sen, A.C.J. 1. Theshort facts involved in this writ petition, inter alia, are that the petitioners are engaged in wholesale business of fruits and vegetables situate at Subzi Mandi. Bahadurganj, Shahjahanpur. It has been alleged that the petitioners and their ancestors have been engaged in the same business since 1935. They are licence holders for selling fruits and vegetables and have been granted licence on yearly basis, which had been renewed from time to time. On 31.10.1998, the District Magistrate, Shahjahanpur vide letter No. 627 informed the Director. Rajya Krishi Utpadan Mandi Samiti/Parishad about the shifting of fruits and vegetables market to village Hathaura Buzurg. It may be mentioned here that there was a proposal in the year 1996 to shift the entire fruits and vegetables market from Subzi Mandi, Bahadurganj to the New Krishi Utpadan Mandi area at Roza. It has been alleged in the petition that the District Magistrate. Shahjahanpur was apprised of the situati...
Shyam Chaddha Alias Krishna Gopal Chaddha Vs. State of U.P., Through C ...
Court: Allahabad
Decided on: May-22-2000
Reported in: 2000(3)AWC2010
G. P. Mathur, J.1. This writ petition under Article 226 of the Constitution of India has been filed for quashing the F.I.R. lodged on 8.1.1997 under Section 3/7. Essential Commodities Act [for short. E. C. Act), which has been registered as Case Crime No. 58 of 1997 at Police Station Civil Lines. Allahabad.2. Ram Sharan Rai, Regional Food Officer along with three Supply Inspectors conducted an inspection of the shop of Krishna Sweets House, situate at 28/1, Mahatma Gandhi Marg, Civil Lines on 8.1,1997. They found that a domestic L.P.G. Indane gas cylinder having a capacity of 14.2. kg. was being used for preparation of sweets, samosas and namkeen. Bansh Raj, an employee of the shop gave a statement before the inspecting team that there was only one cylinder of 14.2 kg. capacity inthe shop and the sweets and namkeen were being prepared from the same. No document regarding the gas cylinder was shown. The cylinder as well as the regulator were seized and a F.I.R. was lodged at Police Stat...
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