Allahabad Court July 2000 Judgments
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Vinod Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-2000
Reported in: [2001(89)FLR340]; (2002)IVLLJ323All; (2001)1UPLBEC783
M.C. Jain, J.1. Both these writ petitions raise similar controversy being based almost on identical facts and as such they are being decided together.2. The petitioners in writ petition No. 15505 of 1993 are eight in numbers and they have challenged their termination order dated October 13, 1992 passed by the respondents 4 and 5. They have sought a mandamus commanding the respondents not to discontinue their services as chowkidars at Pantoon Bridge, Balua Ghat, District Varanasi and to regularise their services as regular chowkidars. Their case is that they were appointed as regular chowkidars on daily wages by the order of respondent No. 3 against permanent and substantive vacancies on May 1, 1990. There is a Pantoon Bridge at Balua Ghat, District: Varanasi constructed under the supervision and guidance of respondent No. 3. There is no permanent Bridge at Balua Chat and as such after the closure of rainy season the Pantoon Bridge is constructed and supervised by the respondent No. 3 i...
Dal Chand and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-21-2000
Reported in: 2000CriLJ4579
G.P. Mathur, J.1. The question which requires consideration here is whether a second bail application at the instance of a convicted accused in a pending criminal appeal is maintainable.2. The applicant-Dai Chand along with four other accused was convicted under Sections 148, 307 and 302 read with Section 149, I.P.C. and was sentenced to various terms of imprisonment including imprisonment for life by the judgment and order dated 27-5-1995 of VIth Addl. Sessions Judge, Bijnor in S.T. No. 228 of 1992. He preferred an appeal against his conviction and sentence and also moved an application for bail. The appeal was admitted on 31-5-1995 and the prayer for bail was ordered to be considered after receipt of record. After the trial Court record had been received, the bail application of the applicant was heard by Hon'ble G. Malavlya, J. who rejected the same by the order dated 31-7-1995. The applicant, then moved a second application for bail which came up for hearing before Hon'ble G. Malav...
Sumit Builders and Another Vs. Pragatisheel Shiksha Samiti and Others
Court: Allahabad
Decided on: Jul-20-2000
Reported in: 2000(3)AWC2494
D. K. Seth and Ikram-Ul-Bari,JJ.1. Two proceedings were initiated under Section 9 of the Arbitration and Conciliation Act, 1996. being Regular Suit Nos. 22 and 23 of 1998. In both these cases, the appellant was opposite party No. 1. By an order dated 27.8.1999. the said proceedings were disposed of finally granting protection to the applicants therein. It is submitted on behalf of the appellants that applicants hadpreferred an appeal before this Court against the said order dated 27.8.1999 which Is pending. The appellants subsequently filed an application for modification or recalling or setting aside the order dated 27.8.1999 passed in the said two cases. This application was rejected by an order dated 11.4.2000 on merits. It is this order against which the present appeal has been preferred under Section 37 of the said Act.2. The question for determination that arises in this case, is as to whether the order dated 11.4.2000 is an order within the meaning of Section 9 of the said Act a...
Manoj Prabhakar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-20-2000
Reported in: 2000(4)AWC2622
J.C. Gupta and U.S. Tripathi,JJ.1. Heard petitioner's counsel and the learned A.G.A.2. This writ petition has been filed by Sri Manoj Prabhakar for quashing the first information report dated 9.8.1999, on the basis of which Case Crime No. 1444 of 1999 under Sections 420, 406 and 471, I.P.C. has been registered at P. S. Haldwani, district Nainital against the petitioner and two others.3. The prosecution story as narrated in the first information report is that about 1-1/2 years ago the petitioner along with Sri Divya Nautlyal and Sri Umesh Chand came to the shop of the complainant and persuaded him to invest money in APACE Savings & Mutual Benefit (India) Ltd. telling him that he would gel ten per cent interest and after a period of fifteen months, the rate of interest would be three per cent per month on the deposited amount. The complainant induced by the said allurement of the petitioner and his companions opened two accounts in the aforesaid company and deposited Rs. 50 per day for ...
Shiv Singh Rana Vs. Deputy Registrar, Sahkari Societies, Agra and Othe ...
Court: Allahabad
Decided on: Jul-20-2000
Reported in: 2000(3)AWC2535; [2000(86)FLR739]; (2000)3UPLBEC2286
M. Katju and A.K. Yog, JJ. 1. Heard, counsel for the parties.2. The petitioner was a Secretary of a Co-operative Society. He was charge-sheeted and after an enquiry, he was found guilty and his service was terminated, vide order dated 28th September. 1999. He filed an appeal against the termination order, which has been dismissed. Aggrieved, this writ petition has been filed.3. A perusal of the appellate order dated 15th January, 2000, copy of which is Annexure-CA 14 to counter-affidavit, shows that the appellate authority has not recorded any reasons for upholding the order of the original authority. The appellate authority has merely recorded the facts and thereafter given its conclusion. There is a distinction between reasons and conclusion. The earlier view of the Supreme Court was that an order of affirmance need not give reasons, vide M. P. Industries Limited v. Union of India, AIR 1966 SC 671, but subsequently the Supreme Court changed its view and held that an order of affirman...
Shesh Narayan Misra and Others Vs. Director of Education (Secondary), ...
Court: Allahabad
Decided on: Jul-20-2000
Reported in: 2000(3)AWC2585; (2000)3UPLBEC2287
M. C. Jain, J.1. The petitioners who are five in number have filed this writ petition for quashing thecondition imposed in their appointment letters to the effect that their services would stand terminated on 14.5.1992. A direction has also been sought for the respondents not to interfere in their working and to pay their month to month salary. Their case is that in consequence of advertisement dated 23.10.1990 published in Nav Bharat Times, inviting applications for lecturers/ teachers in different subjects in the colleges of hill areas, they applied and were selected for ad hoc appointment. The petitioner Nos. 1 to 4 were appointed as lecturers whereas the petitioner No 5 to the post of teacher in L.T. grade. Appointment letters were issued to them (Annexures-2 to 6 to the writ petition) and they Joined the institutions where they had been appointed. A condition was imposed in their appointment letters that their services would stand terminated on 14.5.1992. The said condition has be...
Administrator General, U.P. Allahabad Vs. Narendra Pal Singh (Decd.) T ...
Court: Allahabad
Decided on: Jul-19-2000
Reported in: 2000(4)AWC2662
M. C. Jain, J.1. Applications : A-157, A-158 and A-I59.--The dispute relates to the estate of one Kunwar Girwar Singh, who died on 24.5.1971 leaving behind agricultural land and vast immovable properties situate in different cities of the State including Agra. He left behind neither any issue nor any near relative. Many persons claiming right to the properties by him filed testamentary suits. The Administrator General also filed testamentary suit claiming Letters of Administration in respect of the estate of the deceased. By judgment dated 1.8.8.1977 of this Court, all the suits were decided. Except the suit filed by the Administrator General, all of them were dismissed. This Court issued Letters of Administration to the Administrator General, U. P., in respect of the estate of the deceased with the direction that he would manage the properties till the rights of the parties are determined by civil court. Various appeals filed against the judgment dated 18.8.1977 were also dismissed by...
Aniruddha Kumar and Ashwini Kumar Vs. Chief Controlling Revenue Author ...
Court: Allahabad
Decided on: Jul-19-2000
Reported in: 2000(3)AWC2587
D.K. Seth, J.1. The petitioner had purchased 500 square meters of land out of plot No. 412/0/15-0 situated in Phulpur town area, Allahabad under registered sale deed on 1st May. 1992, setting forth Rs. 50.000 as marketvalue of the property. Proceeding was initiated by the Collector for determining the market value of the property under Section 47A, read with Section 33 of the Stamp Act. By an order dated 8th February. 1993. the Collector had held that the market value was Rs. 1,79.970 and, therefore, the stamp duty payable was Rs. 16.240 and directed the payment of the difference by the petitioner. A revision being Stamp Revision No. 111 of 1993-94 was preferred by the petitioner. By an order dated 17th January, 1996. the revision was dismissed. It is this order which is subject-matter of challenge in this petition.2. Pointing out from the impugned orders, Mr. N. D. Kesari, learned counsel for the petitioner contends that on the revenue records, the land was recorded as agricultural la...
Tirugi Narayan Pandey Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-19-2000
Reported in: [2001]123STC344(All)
R.K. Agrawal, J. 1. The assessee-applicant has filed the present revision under Section 11 of the U.P. Sales Tax Act (now U.P. Trade Tax Act) (hereinafter referred to as 'the Act') against the order dated June 26, 2000 passed by the Sales Tax Tribunal, Bench 3, Varanasi in Second Appeal No. 96 of 1989 (1984-85).2. The facts giving rise to the present revision are that the assessee is the registered dealer and is engaged in the business of sales of coal. During the assessment year 1984-85, it was allotted 12,859 metric tons of coal by the collieries. Before the Sales Tax Officer, the applicant submitted that during the year in question, it had not imported any coal within the State of U.P. However, the assessing authority disbelieved the version of the applicant and assessed the turnover by the best judgment assessment at Rs. 90,56,300 and imposed a sum of Rs. 3,62,252 as tax. The appeal filed by the applicant before the Assistant Commissioner (Judicial) was partly allowed vide order da...
Uttam Charitable Trust, Ghaziabad and Another Vs. State of U.P. and An ...
Court: Allahabad
Decided on: Jul-18-2000
Reported in: 2000(4)AWC2692; (2000)3UPLBEC2272
M. Katju and A. K. Yog, JJ. 1. Thepetitioner is a Public Charitable Trust as stated in paragraph 3 of the writ petition and it established a school in Ghaziabad in the State of U. P. known as Uttam School for girls.2. Under Section 173 of the U. P. Nagar Mahapalika Adhiniyam, 1959, provision is made for levying the property taxes like general tax, water tax, drainage tax, conservancy tax.3. Section 175 of the Act provides for exemptions to the main provision extending benefit of exemption from general tax on certain buildings. Section 177 of the Actprovides that general tax shall be levied in respect of all buildings and lands in the city except :'(a) buildings and lands solely used for purposes connected with the disposal of the dead : (b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable purpose ; (c) buildings solely used as jails, court houses, treasuries, schools and colleges.' 4. The Government vide order dated 22.7.1998 (Anne...
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