Allahabad Court November 2002 Judgments
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Smt. Naini Bai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-28-2002
Reported in: 2003(3)AWC2208
S. N. Srivastava, J.1. Impugned herein is the order dated 18.4.2001 (Annexure-5 to the petition) thereby terminating the services of the petitioner. 2. It would transpire from the perusal of the record that petitioner's husband who had been in the service of Nagar Panchayat, Nadi Gaon, district Jalaun, for the last 10 years was spirited away by death on 4th March, 1996 and as a sequel to his death, petitioner, widow of the deceased, applied for appointment and she was offered appointment under Dying-in-harness Rules by means of appointment letter dated 1st April, 1996. The petitioner claims to have been discharging her duties as sweeper ever since then and to the entire satisfaction of the authorities. It would further appear from the record that she was served with a notice dated 5.4.2001, issued under the signature of Adhyaksh, Nagar Panchayat thereby enjoining her to submit her reply within one -week failing which her services would be terminated. The charges embodied in the aforest...
K.B. Jewellers and Co. Vs. Asstt. Cit
Court: Allahabad
Decided on: Nov-28-2002
Reported in: [2003]130TAXMAN605(All)
Heard the learned counsel for the appellant as well as Shri Mahajan, the learned counsel representing the revenue.2. The present appeal has been filed under section 260A of the Income Tax Act, 1961 and is directed against the final order passed by the Income Tax Appellate Tribunal disposing of the second appeal which had been filed by the revenue challenging the order passed by the Commissioner (Appeals) dated 30-12-1991.3. From a perusal of the memo of appeal filed before the Income Tax Appellate Tribunal, it is apparent that the appellant had prayed for the setting aside of the order passed by the Commissioner (Appeals) and restoration of the order passed by the assessing authority. During the pendency of the second appeal, an application was filed on 9-12-1999 praying for adding additional grounds of appeal which was allowed. The Income Tax Appellate Tribunal vide impugned order while allowing the appeal only in part has modified the order passed by the Commissioner (Appeals) with c...
R.B. Dixit Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Nov-27-2002
Reported in: 2003(1)AWC377
M. Katju and Rakesh Tiwari, JJ.1. Heard learned counsel for (he parties.2. The controversy in this case is whether the retirement age of an employee of the Indian Institute of Technology, Kanpur is 60 years or 62 years.3. Learned counsel for the petitioner Sri Yatindra has invited our attention to a Division Bench decision of this Court in Civil Misc. Writ Petition No. 54346 of 2000, Raja Ram Verma v. Union of India, decided on 10.7.2002, vide Annexure-13 to the writ petition. We have carefully perused the aforesaid decision in Raja Ram Verma's case (supra), and we respectfully disagree, with thesame. Section 13(2) of the Indian Institute of Technology Act, 1961, states 'Subject to the provisions of the Act and Statutes, all appointments to posts under the Institute shall ordinarily be made on probation for a period of one year after which period the appointee, if confirmed, shall continue to hold his office subject to the provisions of the Act and the Statutes, till the end of the mon...
Tribhuwan Nath Srivastava Vs. Chairman and Managing Director, Indian O ...
Court: Allahabad
Decided on: Nov-27-2002
Reported in: 2003(1)AWC550; (2003)IILLJ521All
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioner has prayed for a writ of certiorari to quash the impugned order dated 21.2.2001, Annexure-3 to the petition and for a mandamus directing the respondents to accept the petitioner's application for the Voluntary Retirement Scheme, 2000.3. The petitioner is presently working as Chief Manager (Scale IV) in the Indian Overseas Bank, Civil Lines Branch, Allahabad. He was born on 1.7.1949 and hence has completed 53 years of age. It is alleged in paragraph 4 of the writ petition that his work has been appreciated by his superiors.4. In paragraph 23 of the writpetition, it has been stated thatpetitioner does not suffer from any disqualification as mentioned in paragraph 4.2 of Voluntary Retirement Scheme, 2000. Hence, it is obvious that petitioner was eligible for being given voluntary retirement.5. Sri A.B. Saran, learned senior counsel for the respondents, however, submitted that all eligible persons are not entitled to ge...
Vinod Kumar Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-27-2002
Reported in: 2003(1)AWC709
R.D. Shukla, J.1. Present petition has been filed for a writ of certiorari quashing the impugned order dated 9.8.1999, passed by opposite party No. 2.2. Heard learned counsel for the petitioners and learned standing counsel. Counter-affidavit has been filed.3. Petitioner Nos. 1, 2, 3, 4, 5 and 6 belong to the police service. Petitioner Nos. 1 and 2 are Sub-Inspectors whereas petitioner Nos. 3, 4, 5 and 6 are police constables. In the intervening night of 17/18.9.1995 under police station Madlaon, Lucknow, these police personnel were engaged in apprehending the culprits who had committed murders in a house. Four persons were murdered. The culprits were notorious criminals. These police personnel engaged them in an encounter in which these notorious criminals were killed and several others were arrested. This was treated as courageous act. But the case of petitioner No. 1 Vinod Kumar Singh was not considered for out-of-turn promotion, therefore. Writ Petition No. 2347 (S/S) of 1998 was f...
National Insurance Co. Ltd. Vs. Krishan Mehta and anr.
Court: Allahabad
Decided on: Nov-27-2002
Reported in: 2003ACJ1610
S.P. Srivastava and M.P. Singh, JJ.1. Heard the learned Counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 2,39,280 as compensation to the claimant-plaintiff-respondent, a driver of the vehicle, aged about 34 years, on account of his having suffered injuries resulting in permanent disability to the extent of 40 per cent in an accident involving the offending motor vehicle bearing registration No. UHN 2452 insured by the appellant.2. The claim of plaintiff-respondent is that claimant Krishan Mehta was engaged as a driver by defendant-respondent, Arya Central Transport Company through its proprietor Suresh Kumar Agarwal, Transport Nagar, Meerut to drive the aforesaid vehicle. On 12.11.1998 the aforesaid vehicle met with an accident near Modi Nagar while Krishan Mehta was driving the said vehicle in which the claimant and the conductor received serious injuries. The claimant was admitted in the hospital under the supervision of Dr. Ra...
National Insurance Company Ltd. Vs. Shri Krishna Mehta and anr.
Court: Allahabad
Decided on: Nov-27-2002
Reported in: II(2003)ACC385
S.P. Srivastava, J.1. Heard the learned Counsel for the insurer/appellant.The insurer-appellant feels aggrieved by the award of an amount of Rs. 2,39,280/- as compensation to the claimant-plaintiff respondent, a driver of the vehicle, aged about 34 years, on account of his having suffered injuries resulting in permanent disability to the extent of 40% in an accident involving the offending motor vehicle bearing registration No. U.H.N. 2452 insured by the appellant.2. The claim of the plaintiff respondent is that the claimant Shri Krishna Mehta was engaged as a driver by the defendant respondent, Arya Central Transport Company through its proprietor Sri Suresh Kumar Agarwal, Transport Nagar, Meerut to drive the aforesaid vehicle. On 12.11.1998 the aforesaid vehicle met with an accident near Modi Nagar while Shri Krishna Mehta was driving the said vehicle in which the claimant and the conductor received serious injuries. The claimant was admitted in the hospital under the supervision of ...
Smt. Wakila Begum and ors. Vs. Dr. Kesar Aziz and ors.
Court: Allahabad
Decided on: Nov-26-2002
Reported in: 2003(2)AWC956
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia praying for quashing the order dated 2.11.2002 (Annexure-14 to the writ petition) passed by the Additional District Judge (Court No. 9), Saharanpur in a Rent Control Appeal No. 177 of 1993 and the order dated5.11.1993 (Annexure-11 to the writ petition) passed by the Prescribed Authority/lst Additional Civil Judge, Saharanpur in P. A. Case No. 21 of 1990.2. The dispute relates to a shopsituated in Qutub Sher, districtSaharanpur, the details whereof havebeen given in the release applicationreferred to hereinafter. The said shophas hereinafter been referred to as the'disputed shop'.3. It appears that the respondent Nos. 1 to 4 filed a release application under Section 21 (1) (a) (b) of the U. P. Act No. XII! of 1972 (in short 'the Act') in respect of the disputed shop against Mohd. Yaseen, predecessor-in-interest of the petitioners for the release of the disp...
Rakesh Singh Vs. State of U.P.
Court: Allahabad
Decided on: Nov-26-2002
Reported in: 2003CriLJ1838
S.K. Agarwal, J.1. This appeal was filed by appellant Rakesh Singh against the order of his conviction dated 31-1-2000, passed by Sessions Judge, Allahabad in S.T. No. 762 of 1996 and S.T. No. 506 of 1998 under Section 25 Arms Act. He was convicted in both the trials. In S.T. No. 762 of 1996 he was convicted under Section 302, I.P.C. and sentenced to life imprisonment. In S.T. No. 506 of 1998 he was convicted under Section 25 Arms Act and sentenced to one year R.I. and a fine of Rs. 2000/-. In default of payment of fine 6 months R.I. was also awarded. Both the sentences were to run concurrently.2. The prosecution story as set up in the F.I.R., Ex. Ka-1, is that on 17-7-1996 at about 8.00-8.30 p.m., Anil Kumar Rai alias Chunmun was returning after making some purchase of house hold commodities like sugar, tea and soap along with his younger brother Sunil Kumar Rai alias Lala to their house. When they reached near the crossing of Beniganj that leads to their house, some altercation took ...
U.P. Forest Corporation Vs. Deputy Commissioner of Income Tax
Court: Allahabad
Decided on: Nov-26-2002
Reported in: (2003)183CTR(All)191
Sudhir Narain, J. 1. The basic issue in the consolidated appeals is whether the income of the appellant is wholly for charitable purpose as defined under Section 2(15) of the IT Act, 1961 (hereinafter referred to as 'the Act').2. The U.P. Forest Corporation, the appellant, was constituted by notification issued under Section 3 of the U.P, Forest Corporation Act, 1974. The assessment proceedings were taken against it. The appellant claimed exemption on the ground that it is a local authority and was liable for exemption under Section 10(20) of the Act. The AO rejected the claim. The respondents then filed appeal and the CIT(A), following the decision of the High Court in Writ Petn. No. 1568 of 1977 for the asst. yr. 1976-77, held that the appellant was a local authority and as such was exempt from tax. The Tribunal, on appeal, set aside this order on the ground that the appellant was not a local authority. The appellant challenged these orders by filing writ petition in the High Court. ...
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