Allahabad Court January 2001 Judgments
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Ram Saran Nar Singh Prasad Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-11-2001
Reported in: (2001)168CTR(All)535; [2001]249ITR241(All); [2001]117TAXMAN401(All)
Sudhir Narain, J.1. The Income-tax Appellate Tribunal has referred the following question of law :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the cash and the value of the gold and gold ornaments confiscated by the Customs and Central Excise Department could not be allowed as a business loss or as an expenditure under Section 37(1) of the Income-tax Act, 1961, in the computation of the assessee's income for the assessment year 1974-75 ?'2. The facts relating to this reference are as under :The assessee is a Hindu undivided family deriving income, inter alia, from sarrafa, money-lending and utensils business. In one shop sarrafa business was carried on, while in the other shop, utensils business was done. The preventive staff of the Customs and Central Excise Department searched both the shops on May 31, 1973. They seized the following things from the two shops : Sarrafa shop1. Cash Rs. 90,9602. Gold...
Kailash Singh Vs. Inspector General of Police and ors.
Court: Allahabad
Decided on: Jan-11-2001
Reported in: (2001)2UPLBEC1760
S.R. Singh, J.1. Heard Shri C.B. Yadav, learned Counsel for the petitioner and learned Standing Counsel for the respondents.2. The relief claimed in this writ petition is that the orders dated 23.3.1995, being Annexures 7 and 8, and the appellate order dated 30.3.1996/24.4.1996 being Annexure 9, as well as the revisional order dated 28.12.1997, being Annexure 12, are sought to be quashed.3. By order dated 23.3.1995, being Annexure 1, censor entry was awarded to the petitioner and by order of even date, being Annexure 8, the period of absence from 21.4.1994 till 29.7.1994 was treated as leave without pay. He filed an appeal which was dismissed by an order dated 24.4.1996 referred to above. The revision filed by him was also dismissed by order dated 28.12.1997. The matter came up before this Court on 1.9.1999 on which date the following order was passed :-'Heard Sri C.B. Yadav, learned Counsel for the petitioner as well as the learned Standing Counsel.The petitioner is a Constable in Civ...
Ravindra Nath Chaubey Vs. District Judge, Ballia
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC607a; [2001(89)FLR112]; (2001)1UPLBEC380
ORDERO. P. Garg, J.1. The petitioner-Ravindra Nath Chaubey is working in class-III cadre of Judgeship of Ballia. In course of time, he came to be promoted from the initial scale of pay of Rs. 3,050-4,500 to Rs. 4,000-6,000. He was also placed in the gradation list senior to certain employees, namely, Pashupati Nath and others, who had challenged his regular appointment as well as seniority. The learned District Judge, Ballia, passed an order on 16.11.1999, a copy of which is Annexure-6 to the writ petition whereby he found that the petitioner was merely an ad hoc employee and in view of the Government Order dated 8.6.1990, he was not entitled even to the privilege of yearly increment in his salary. He issued a notice to the petitioner to show cause as to why he should not be placed in the initial scale of pay of Rs. 3,050-4,500. The petitioner submitted a detailed reply. A final order dated 17.12.1999, has been passed, which has been impugned, a copy of which is Annexure-1 to the prese...
Constable C.P. 117, Yad Ali and Others Vs. Superintendent of Police, C ...
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC578; (2001)1UPLBEC356
O. P. Garg, J.1. A fine point of controversy in this writ petition has come to be raised whether a 'police officer' within the meaning of U. P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'the Rules of 1991') can be placed under suspension even before the receipt of report of the preliminary inquiry. This question naturally involves the interpretation of Rule 17 of the Rules of 1991, which reads as follows :'17. Suspension.-- 1 (a) A police officer against whose conduct an inquiry is contemplated, or is proceeding, may be placed under suspension pending the conclusion of the inquiry in the discretion of the appointing authority or by any other authority not below the rank of Superintendent of Police, authorised by him in this behalf.(b) A police officer in respect of or against whom an investigation, inquiry or trial relating to a criminal charge is pending may at the discretion of the appointing authority under whom he is se...
Bhurey Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC686; (2001)1UPLBEC584
D. S. Sinha, J.1.Heard Sri Prakash Krishna, the learned counsel appearing for the petitioner, and Sri S. K. Mehrotra, the learned brief holder of the State of U. P., representing the respondents.2. By means of instant petition under Article 226 of the Constitution of India, the petitioner prays, in substance, for direction to the respondents for implementation of the order dated 31st March, 1993, passed by the Special Land Acquisition Officer, Moradabad, the respondent No. 2, in proceedings under Section 28A of the Land Acquisition Act, 1894, hereinafter called the 'Act'. A copy of the said order is Annexure-2 to the petition.3. Neither is there anything in the counter-affidavit filed on behalf of the respondents nor has anything been pointed out by the learned counsel representing the respondents which may justify the inaction on the part of the respondent No. 2 in not implementing the order dated 31st March, 1993. It cannot be gainsaid that implementation of the order passed under Se...
Manoj Kumar Rana and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC694; (2001)1UPLBEC371
O. P. Garg, J.1. An advertisement was published in the daily news papers on 10th August, 1998 inviting applications on or before 31.8.1998 for appointment to the twentythree posts of Junior Assistant in the pay scale of Rs. 3,050-4,950 issued by the District Magistrate, Baghpat--respondent No. 2. Out of these 23 vacancies, 12 were earmarked for other backward class communities, 1 for scheduled caste and 1 for scheduled tribes. A true copy of the advertisement has been enclosed as Annexure-1 to the writ petition. The petitioners also applied for their appointment to the post of Junior Assistant. Roll No. 000502 was allotted to the petitioner No. 1 and No. 000713 to the petitioner No. 2. Both the petitioners were declared successful in the written test. Thereafter, a typing test was held on 17.3.1999 and then the petitioners were called for interview. In the final result which was declared on 31.3.2000. the names of the petitioners did not find a place. It is alleged that though the numb...
Anil Kumar Azad and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC702; [2001(89)FLR583]; (2001)1UPLBEC884
O. P. Garg, J.1. The petitioners, who are three in mber, were appointed in Krishi Utpadan Mandi Samiti Chhibramau in district Kannauj. Petitioner No. 1-Anil Kumar Azad who happens to be a scheduled caste was appointed as Mandi Assistant on 14.6.1996 and he joined on the said post on 17.6.1996. Ram Kishore, petitioner No. 2 belonging to the backward class was appointed as Mandi Sahayak by order dated 14.5.1997. He joined on the same date. Ahsan Ali, petitioner No. 3 was appointed as Mandi Abhirakshak on 8.9.1997. Pursuant to the decision taken by the State Government on 12.2.1999 and the resolution adopted by the Mandi Parishad on 9.3.1999, the services of all the three petitioners were terminated by separate orders dated 15.3.1999, copies whereof are Annexures-6A, 6B, 7A and 7B. They were paid one month's salary in lieu of police besides the requisite amount of compensation.2. The petitioners have alleged that their past antecedents have been neat and their work and conduct have been q...
Pradeep Kumar Rastogi Vs. Xvith Addl. District Judge, Meerut and Other ...
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC690
O. P. Garg, J.1. The dispute in this writ petition pertains to the release of shop No. 85 (old premises numbers 286, 288 and 289) situate in Subhash Bazar, Meerut city. The said shop was originally owned by one Jagdish Chand Gera and was under the tenancy of late Dr. Jitendra Vir, who was running the business of sale of homeopathic medicines. After the death of the original tenant, his son Pradeep Kumar Rastogi, the present petitioner inherited the tenancy rights and is carrying on the business of sale of homeopathic medicines from the disputed shop. He is paying monthly rent at the rate of Rs. 57.50 p. Vivek Gupta-respondent No. 3 had purchased the property, in question, from the previous owner Jagdish Chand Gera in the year 1988.2. He filed an application for release of the tenanted accommodation under Section 21 (1) (a) of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act. 1972 (Act No. XIII of 1972) (hereinafter referred to as 'the Act'). It was registered as ...
Vikrama Singh Vs. Union of India and Others
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC708; [2001(88)FLR1002]; (2001)1UPLBEC374
O. P. Garg, J.1. The crucial question for determination in the present writ petition is that whether a Government servant who has been removed from service after departmental inquiry on the charges which have also given rise to a criminal case against the said employee is liable to be reinstated after a final order of acquittal has been passed in the criminal case. The controversy is the product of the following facts.2. The petitioner-Vikrama Singh was appointed as a constable in Railway Protection Force in the year 1975. After a number of transfers, he came to be posted at Varanasi. He was placed under suspension by order dated 2.1.1991 passed by the competent authority on account of the fact that he was involved in a Crime Case No. 20 of 1990 R.P.F./Dn. Post registered under Section 3 of the Railway Property (Unlawful Possession) Act (hereinafter referred to as 'the Act'). It gave rise to the trial of the petitioner as an accused with other accused persons in Criminal Case No. 810 o...
Ram Surat and Others Vs. U.P. Public Service Commission, Allahabad and ...
Court: Allahabad
Decided on: Jan-10-2001
Reported in: 2001(1)AWC713; (2001)1UPLBEC347
ORDERO. P. Garg, J.1. The U. P. Public Service Commission (hereinafter referred to as 'the Commission') initiated the process to select candidates for appointment to 100 posts of Personal Assistants in U. P. Secretariat and 3 such posts in the Commission by publishing an advertisement dated 28.3.1999. The selection was to be made on the basis of a competitive examination in two subjects, namely. Hindi essay of 100 marks and Hindi steno-typing of 150 marks. There was no prescription for interviewing the candidates and the final selection was to be made on the basis of the total marks obtained in the aforesaid two subjects. The petitioners covered by the above mentioned four writ petitions are the persons whose names did not find place in the result of the successful candidates declared on 3.3.2000. The petitioners have assailed the selection process as being arbitrary and discriminatory. Shorn of all superfluities, the grounds taken by the petitioners to challenge the entire selection p...
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