Allahabad Court January 2002 Judgments
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U.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC975; [2002(93)FLR199]; (2002)2UPLBEC1070
Anjani Kumar, J. 1. After hearing the learned counsel for the parties, this writ petition has been dismissed on 21.1.2002 for the reasons to be recorded later on. Herein below are the reasons for dismissing the aforesaid writ petition. 2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner-employer, U. P. State Electricity Board against the award dated 30.10.1986. Annexure-9 to the writ petition, passed by respondent No. 1 in Adjudication Case No. 12 of 1995. 3. The facts leading to the filing of present writ petition are that the State Government vide Its order dated 14.3.1995 referred the dispute with regard to the termination of services of workman Vansh Narain Mishra, son of Sri Rajaram Mishra, Khalasi w.e.f. 31.12.1975 to the effect as to whether the same is valid or not and if not, to what relief the workman concerned is entitled? 4. The workman in his written statement filed before the labour court has stated that he was employed as...
Harnam Singh Vs. Rafiq Hussain
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC1008
B.K. Rathi, J.1. The appellant filed suit for specific performance of contract of sale against the respondent. It was pleaded that the respondent on 13.6.1984 agreed to sell the land in dispute in favour of the appellant for Rs. 20,000 out of which Rs. 3,000 were paid in advance and Rs. 15,000 were paid at the time of the registration of the agreement and Rs. 2.000 remained as balance. The sale deed was to be executed within two years. The respondent alleged that there is some dispute regarding the property with Ibney Hasan and, therefore, the sale deed could not be 'executed. Later on, the respondent demanded more price and another agreement to sell was entered between the parties regarding the same property which was registered on 13.6.1986, according to which, the consideration agreed was Rs. 25,000 ; Rs. 18,000 were mentioned in the agreement to have been paid in advance and Rs. 2,000 were paid at the time of the registration of the agreement. Rs. 5,000 was to be paid at the time o...
Subhash Chand, Head Constable Vs. D.i.G., Allahabad Range and ors.
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC1115
S.K. Singh, J. 1. By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order passed by the Senior Supdt. of Police, Allahabad dated 31.3.1999 (Annexure-7 to the writ petition) by which the petitioner was placed in the lower grade for one year. A further prayer has been made for quashing the order of the D.I.G.. Allahabad range dated 21.7.1999 (Annexure-11 to the writ petition) by which the petitioner's services have been terminated. 2. The petitioner came in service as constable in civil police in the year 1974 and but for the present charge, as has been levelled in the year 1998, the petitioner claims that there has been no adverse entry or any kind of misconduct of the petitioner. The petitioner was married with one Smt. Dujee Devi, an uneducated village woman in the year 1960. Out of the said wedlock, five children were bom. It has been pleaded that the petitioner's wife Smt. Dujee Devi was an uneducated village wo...
Kamlakar Upadhya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC1716; [2002(94)FLR680]; (2002)3UPLBEC2454
S.K. Singh, J. 1. By means of this writ petition, the petitioner has challenged the order dated 6.12.2000 (Annexure-1 to the writ petition) as passed by respondent No. 3 by which, the petitioner has been compulsorily retired.2. At the time when the order of petitioner's compulsory retirement was passed, he was serving as Deputy Jailer in the District Jail, Pratapgarh. In respect to the claim of promotion to the post of Jailer as juniors to the petitioner were promoted, after a chase in the department, he filed a claim petition before the State Services Tribunal vide Claim Petition No. 2584 of 1997 which vide its order dated 29.4.1999 allowed the claim petition and a direction was given to consider the petitioner's claim for promotion with full benefits from the date on which Juniors were promoted, within a period of three months. When compliance was not made to the order of the Tribunal, the petitioner filed a Contempt Petition No. 388 of 1999 which was pending before the Tribunal. In ...
Magarsen Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC1712; [2002(94)FLR1158]; (2002)IIILLJ924All; (2002)3UPLBEC2377
S.K. Singh, J.1. Heard learned counsel for the parties.2. By means of this writ petition, the petitioner has prayed that oral order dated 1.6.1992, given by the respondent No. 3 by which petitioner was asked not to attend his duties, be declared Illegal and void. Further prayer has been made that respondents be commanded to allow the petitioner to continue on his post and to pay regular pay scale to the petitioner at par to the regularly appointed class IV employees.3. Petitioner claims to have been appointed as daily wager Peon on 13th July, 1988 and according to him. he has been continuously working till 31.5.1992. It has been pleaded that as the work and conduct of the petitioner has been satisfactory and good, the petitioner has completed more than 240 days in every year, the action of the respondent in terminating the petitioner's services by oral order, is clearly Illegal.4. Learned counsel for the petitioner submits that in view of the continuous working of the petitioner from 1...
Smt. Manawar Jahan and Ors. Vs. Registrar of Hon'ble High Court of Jud ...
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002(2)AWC1713
S.K. Singh, J. 1. By means of this writ petition, petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order of compulsory retirement dated 21.5.1980 (Annexure-2 to the writ petition), passed by opposite party No. 2 and the order dated 1.4.1981 (Annexure-6 to the writ petition) passed by Administrative Judge of the Hon'ble High Court.2. Petitioner was appointed in the officiating capacity Apprentice (Clerk) w.e.f. 2.1.1946 in the Civil Court, Lucknow who was confirmed on the said post on 16.10.1952. In due course of time petitioner was promoted and was allowed to officiate as copyist on 18.2.1954 and thereafter by passage of time, petitioner was promoted as Reader/ Munsarim and at the time when the Impugned order was passed, petitioner was working as officiating Reader in the Court of Munsif Magistrate, Lucknow.3. It has been argued by the learned counsel for the petitioner that order as passed by the respondent No. 2 on 21.5.1980 compulsorily retiring ...
Mohd. Yaqub Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Jan-21-2002
Reported in: II(2003)ACC504; 2004ACJ1237; [2003(97)FLR224]
B.K. Rathi, J.1. Appellant was a driver of U.P. State Road Transport Corporation. He met with an accident on 16.12.1978 and received injuries. Due to the injuries, his one leg was amputated. Therefore, he claimed compensation before Workmen's Compensation Commissioner, Moradabad under the provisions of Workmen's Compensation Act. The learned Commissioner has rejected the request for awarding compensation by impugned judgment dated 18.2.1982 for the reason that the appellant is still in service and is getting the same pay and, therefore, there is no loss of earning capacity. Aggrieved by it, the present appeal has been preferred.2. I have heard Mr. V.K. Nagaich, the learned counsel for the appellant and Mr. Sameer Sharma, learned counsel for the respondent and have perused the record.3. The facts of the case are not denied. Due to the accident, the appellant received injuries and ultimately his one leg was amputated. However, he remained in service of the respondent thereafter and was g...
Jamuna Prasad and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002CriLJ2073
1. Both the appellants have filed this appeal against the judgment and order dated 29-1-2001 passed by Sri N.K. Rajauria, Addl. Sessions Judge in S.T.No.99 of 1992 whereby appellants have been convicted under Section 302 Indian Penal Code read with Section 34 Indian Penal Code (briefly, the IPC) and each of them has been sentenced to extreme penalty of death.2. Undisputedly, in this case two persons lost their life. They were Laxmi Narayan real brother of appellant Jamuna Prasad and Ram Gopal son of Laxmi Narayan. Appellant Asha Ram is son of appellant Jamuna Prasad.3. Prosecution case as revealed in the F.I.R., in brief, is that on 23-2-91 Dev Prasad, his cousin Laxmi Narayan and his sons Ram Gopal and Ram Pratap had gone to their field to load harvested pea crop in their bullock cart. Dev Prasad went to water his field while Ram Gopal and Ram Pratap started loading per crop. Laxmi Narayan was sitting nearby. Appellant Jamuna Prasad and his son Asha Ram came there in their bullock car...
Bhai Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-21-2002
Reported in: 2002CriLJ2079
ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicants and learned A.G.A.2. I have perused the judgment. The learned Sessions Judge while hearing the appeal has already dealt with these applicants with greatest compassion and leniency. No further leniency or compassion these applicants deserve. The Court of law cannot become a tool in the hands of the offenders. Sentencing has to be made in a reasonable manner and giving a go-by completely to reasonableness will only help the accused to the detriment of society. The sentence should always be commensurate to the nature of the offence. The gravity of the offence, number and nature of injuries all have to be given due weightage before considering any reduction in sentence. Nature of the offence has an equal role in the sentencing of an accused. The sentence can be exonerated to a certain extent commensurate to the gravamen of the offence committed by the offenders. This principle should be borne in the mind by Courts below while...
Cit Vs. Gopi Nath Madan Mohan
Court: Allahabad
Decided on: Jan-21-2002
Reported in: [2002]123TAXMAN325(All)
ORDERThis is a reference under section 256 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').2. The following questions have been referred to this court by the Tribunal :'1. Whether, on the facts and in the circumstances of the case, the provisions of section 187 of the Income Tax Act, 1961, were wrongly invoked ?2. Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in upholding the order of the Commissioner (Appeals) directing the Income Tax Officer to frame two assessments for the two periods ?'The facts of the case are that the assessee-firm was constituted by four partners. In the relevant assessment year, one of the partners died on 1-8-1976. The remaining three partners continued the partnership by taking three more persons as partners of the firm. The question is as to whether, in the facts and circumstances of the case, section 187 of the Act is applicable or not. The question has been decided by the Supreme Cou...
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