Allahabad Court December 2002 Judgments
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P.G.T. Components (P.) Ltd. and ors. Vs. Assistant Provident Fund Comm ...
Court: Allahabad
Decided on: Dec-03-2002
Reported in: 2003(1)AWC508; [2003(96)FLR473]; (2003)ILLJ1033All
S. P. Srivastava and M. P. Singh, JJ.1. Heard the learned counsel for the appellants as well as the learned counsel representing the respondent authorities.2. A preliminary objection has been raised by the learned counsel for the respondents challenging the maintainability of this appeal asserting that the order, which was the subject matter of the writ petition disposed of by the learned single Judge vide the impugned order dated 26.10.2002, was an order passed by a Tribunal, therefore, as provided in Chapter VIII Rule 5 of the Rules of the Court, no special appeal could lie against such an order.3. A perusal of the various provisions of the Employees Provident Funds and Misc. Provisions Act, 1952, indicates that under the Scheme of the Act, the Provident Fund Commissioner while discharging its duties under the Act has not been vested with any trappings of the Court. At the most, he can be taken to be a Tribunal. The learned counsel for the appellant has not been able to point out any...
Khalilur Rahman Vs. Smt. Noor Jahan Alias Noori
Court: Allahabad
Decided on: Dec-03-2002
Reported in: 2003(3)AWC2232
S. P. Mehrotra, J.1. This writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 8.11.2002 (Annexure-9 to the writ petition) passed by the learned Additional District Judge, Court No. 2, Saharanpur, and the judgment and order dated 17.10.1997 (Annexure-7 to the writ petition) passed by the learned Prescribed Authority/Judge Small Cause Court, Saharanpur. 2. The dispute relates to an accommodation bearing Municipal Corporation No. 4/493, Mohalla Jaffer Nawab Khan, Saharanpur. The said accommodation has hereinafter been referred to as the 'disputed accommodation'. 3. From the allegations made in the writ petition, it appears that the respondent filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short 'the Act') against the petitioner in respect of the disputed accommodation. A copy of the said release application filed by the respondent has been filed as Annexure-1 ...
Ramganga Command Area Development Authority Vs. Rajpal Singh and anr.
Court: Allahabad
Decided on: Dec-03-2002
Reported in: 2003(2)AWC1300
S. Rafat Alam, J. 1. In the Instant writ petition, the petitioner has prayed for quashing of the order of the U. P. Public Service Tribunal, Lucknow dated 11.2.1993 whereby the claim petition of respondent No. 1 against the order of his dismissal from service and recovery has been allowed. 2. We have heard learned counsel appearing for the petitioner. 3. When this matter was taken up as fresh on 20.7.1993 before another Bench of this Court, the following interim order was passed : 'Respondent No. 1 shall be served by the office in ordinary course and petitioner shall also take steps to serve respondent No. 1. Office shall do the needful in this regard. Respondent No. 2 need not be served. List for admission after four weeks. The order of recovery of arrears of wages of the respondent No. 1 shall remain stayed provided respondent No. 1 is reinstated by the petitioner within one month and paid his salary which is attached to his post for future regularly to the extent indicated above, ...
Madan Lal Gupta Vs. Food Corporation of India and ors.
Court: Allahabad
Decided on: Dec-03-2002
Reported in: (2003)1UPLBEC696
M. Katju, J.1. This writ petition has been filed against the impugned reversion order dated 15.12.2000, Annexure-11 to the writ petition by which the petition has been reverted from the post of Deputy Manager to Assistant Manager in F.C.I. The petitioner has also challenged the consequential order dated 24/28.11.2000, Annexure 13 to the writ petition.2. We have heard the learned Counsel for the parties.3. The petitioner was promoted as Assistant Manager in the service of the respondents in 1977. He was promoted as Deputy Manager vide order dated 21/22.4.1999 Annexure-4 to the writ petition. A perusal of this order shows that the promotion was provisional and was on probation for a period of one year with effect from the date he assumes the charge. It could be extended by a further period not exceeding one year and would be subject to any direction given by the Court in the matter referred to in the order dated 31.3.1999 issued by the Head Quarter Office as well as the order by the Regi...
U.P. State Road Transport Corporation Vs. Phool Chand and ors.
Court: Allahabad
Decided on: Dec-03-2002
Reported in: II(2003)ACC42
S.P. Srivastava, J.Heard the learned Counsel for the appellant.1. The appellant feels aggrieved by the award of an amount of Rs. 2,80,000/- as compensation to the claimants on account of the untimely death of Sri Ramoo, aged about 36 years in the accident involving the offending motor vehicle, a Roadways Bus.2. The claimants had come up with the case that on 27.3.2001 at about 6.30 p.m. while Sri Ramoo was going on a Motor Cycle, the offending Bus, which was being driven rashly and negligently, dashed the said Motor Cycle causing his instantaneous death.3. The learned Counsel for the insurer appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.4. In this connection, it may be noticed that Ramoo died in the said accident leaving behind his old parents, his wife and five minor children. The Tribunal proceeded to assess the income of the deceased as Rs. 2,000/- per month. The multiplier of 16 was rightl...
Shyam Biri Works (P) Ltd. Vs. Cit
Court: Allahabad
Decided on: Dec-03-2002
Reported in: [2003]131TAXMAN253(All)
Heard Sri R.P. Agrawal, learned counsel for the appellant and Sri A.N. Mahajan for the department.2. This appeal under section 260A of the Income Tax Act has been filed against the impugned order of the Income Tax Appellate Tribunal dated 31-8-2000. The case relates to penalty under section 273(2)(a) of the Act for allegedly furnishing false estimate of advance tax.3. Only one point has been pressed by the learned counsel for the appellant. He submitted that before issuing notice for initiating penalty proceedings under section 273(2)(a) of the Act the assessing officer has not recorded his satisfaction. Learned counsel has relied on the decision of the Delhi High Court in CIT v. Ram Commercial Enterprises Ltd. (2000) 246 ITR 56.4. In the aforesaid decision the Delhi High Court has observed that 'it is the assessing authority who has to form his own opinion and record his satisfaction before initiating the penalty proceedings.'5. With profound respect to the Delhi High Court decision, ...
U.P. State Road Transport Corporation Vs. Ajit Singh and ors.
Court: Allahabad
Decided on: Dec-03-2002
Reported in: I(2003)ACC557
S.P. Srivastava, J.Heard the learned Counsel for the appellant.1. The appellant feels aggrieved by the award of an amount of Rs. 3,72,600/- as compensation to the claimants on account of the untimely death of Sri Dalvindar Singh, aged about 27 years in the accident involving the offending motor vehicle, a Roadways Bus.2. The claimants had come up with the case that on 27.3.2001 at about 6.30 p.m. while Sri Dalvindar Singh was going on his Motor Cycle, the offending Bus, which was being driven rashly and negligently, dashed the Motor Cycle of Sri Daivindar Singh causing his instantaneous death.3. The learned Counsel for the insurer-appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.4. In this connection, it may be noticed that Daivindar Singh died in the said accident leaving behind his old parents, his wife and one unmarried daughter. The Tribunal proceeded to assess the income of the deceased as R...
Rajendra Road Lines Vs. Indian Oil Corporation and anr.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: AIR2003All77; 2003(1)AWC11
M. Katju, J. 1. The petitioner is a registered partnership firm which deals in transportation, having trucks for transportation of goods. An advertisement was published in the Hindi newspaper 'Dainik Jagran' Allahabad dated 7.2.2002 inviting tenders for carrying LPG cylinders from one place to another. The date for depositing tender forms was 25.2.2002 at 14.30 hours and the time for opening the tenders was 25.2.2002 at 14.35 hours. True copy of the tender notice is Annexure-1 to the writ petition. In pursuance of the advertisement, the petitioner submitted its tender and deposited a draft of Rs. 30,000, copy of which is Annexure-1A. The tender was opened and a letter was issued by the respondent no. 2 dated 26.3.2002 wherein certain short-comings were pointed out and the petitioner was required to submit the same before 5.4.2002 so that the tender of the petitioner could also be considered. True copy of the letter dated 26.3.2002 is Annexure-2. The petitioner complied with this requir...
Dr. Radhey Shyam Sharma Vs. Director (Higher Education) and ors.
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2003(1)AWC17
M. Katju, J. 1. This writ petition has been filed against the impugned order of the Director (Higher Education) U. P. dated 1.7.2002 Annexure-6 to the writ petition and consequential order dated 5.7.2002 Annexure-7. The petitioner has also prayed for a mandamus directing the respondents not to interfere with his functioning as Officiating Principal of Saraswati Mahavidyalaya, Hathras, which is a Post-graduate Degree College affiliated to Dr. Bhim Rao Ambedkar University, Agra.2. We have heard counsel for the parties. By the impugned order Annexure-6 to the petition, the Director (Higher Education) has directed that respondent No. 4 Satya Prakash Stngh Chauhan be appointed as Principal of the aforesaid college.3. A vacancy on the post of Principal of the aforesaid college occurred on the superannuation of the earlier Principal Sri R. Mohan on 30.6.1998. The petitioner being the seniormost teacher in the College was appointed as officiating Principal in accordance with the relevant statu...
Reevan Singh Vs. State of U.P. and anr. Overruled
Court: Allahabad
Decided on: Dec-02-2002
Reported in: 2003(1)AWC12
M. Katju, J. 1. This writ petition has been filed for a mandamus directing the respondent Nos. 1 and 2 to consider the name of the petitioner for promotion as Jail Superintendent on the basis of his seniority in accordance with Rule 5 of the U. P. Government Servants Seniority Rules, 1991.2. Heard learned counsel for the parties.3. An impleadment application has also been filed in this case on behalf of Bhim Sen Mukund and Rajendra Kumar and we have allowed the same and they are treated as respondent Nos. 3 and 4. We have heard Shri S. F. A. Naqvi on behalf of newly impleaded respondent Nos. 3 and 4.4. The petitioner was appointed as a Deputy Jailor in 1994 after being selected and recommended by the U. P. Public Service Commission, The post of Deputy Jailor is a Group C (non gazetted) post whose appointing authority is the Director General (Prisons). The service conditions of the posts of Deputy Jailor are governed by the 'Uttar Pradesh Jail Executive Subordinate (Non Gazetted) Servic...
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