Allahabad Court April 2002 Judgments
Suraj Bhan and anr. Vs. District Deputy Director of Consolidation, Eta ...
Court: Allahabad
Decided on: Apr-30-2002
Reported in: 2002(3)AWC1963
R.H. Zaidi, J.1. Heard learned counsel for the parties and also carefully perused the record.2. By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 28.1.1992 passed by the respondent No. 1. Prayer for a direction in the nature of mandamus commanding the respondents not to interfere in the possession of the petitioners over the land in dispute has also been made.3. The relevant facts of the case giving rise to the present petition in brief are that the dispute relates to plot No. 680 measuring about 4 acres situated in village Khera Heloo, pargana and district Etawah, for short 'the land in dispute'. According to the petitioners, the land in dispute was acquired by their father Megh Singh from the then Zamindar Ajodhiya Nath Tandon. It is stated that the relations of Narain Singh, the Pradhan of the village and the petitioners were strained. Conseq...
Tag this Judgment!Ram Saran Chaudhary Vs. Bankey Lal Ghunghruwale and ors.
Court: Allahabad
Decided on: Apr-30-2002
Reported in: 2002(3)AWC1996
A.K. Yog, J.1. Heard Sri R. N. Bhalla, advocate, learned counsel for the appellant and Sri Murlidhar, senior advocate assisted by Sri S. Goswami, learned counsel appearing on behalf of the respondents.2. Sri S. Goswami, learned counsel for the respondents initially raised a preliminary objection regarding payment of deficient court fee of Rs. 95. However, after perusing the original record of the case, Sri Goswami withdrew the said preliminary objection. Sri R. N. Bhalla, learned counsel for the appellant also made requisite correction in the memorandum of appeal at the relevant place.3. Sri R. N. Bhalla, learned counsel submitted that in the instant case, an Arbitrator was appointed, who gave an interim award dated 25.1.2000 (copy of which is said to have been received by the appellant on February 1, 2000) Final award was given on 14.2.2000. There is no dispute that interim award as well as final award (as defined under Section 2(i)(c) of Arbitration and Conciliation Act, 1996 (herein...
Tag this Judgment!Dr. Rajendra Kumar Rastogi Vs. Director of Higher Education
Court: Allahabad
Decided on: Apr-30-2002
Reported in: 2002(3)AWC2051A; [2002(94)FLR10]; (2002)2UPLBEC1960
M. Katju and Rakesh Tiwari, JJ.1. Heard learned counsel for the petitioner and learned standing counsel.2. The petitioner has prayed for re-fixing his pension by adding the service of 17 years 9 months and four days which he served as clerk in State Education Department, to his service as a teacher.3. The petitioner retired as Reader from J. S. Hindu Post Graduate Degree College, Amroha on 30.6.1992. He was appointed as clerk in the Education Department in 1954 and worked there till 15.8.1972 vide Annexure-1 to the writ petition. He was then selected as teacher in J. S. Hindu P. G. College, Amroha on 16.8.1972 vide Annexure-2 to the writ petition and he retired as Reader from the said college on 30.6.1992. Thus, he was teacher for about 20 years but he wants his service for about 17 years and nine months as clerk to be added to his service as 20 years as a teacher for the purpose of calculating pension.4. We do not agree with this submission of the learned counsel for the petitioner. T...
Tag this Judgment!Committee of Management, M.A.H. Inter College and anr. Vs. District In ...
Court: Allahabad
Decided on: Apr-30-2002
Reported in: 2002(3)AWC2221; (2002)2UPLBEC1742
Janardan Sahai, J.1. India is a unity in diversity ; not only in her sharp topographical features, not only in her varied climates, its flora and fauna, but more so in its peoples of diverse religions, faiths and culture. Peoples of different races of different colour speaking different languages belonging to different levels of socio-economic development inhabit in different regions of this vast country, its hills, its coasts. The unit of socio-economic life the Indian village is home to a motley mixture of castes and sub-castes of Hindu society and people of other communities too. Hindus, Muslims, Christian, Jains and Parsis have lived a life of peaceful co-existence through the ages. A delicate balance between the majority and the minority community maintains. The British, it is said, pursued the policy of divide and rule. Communal clashes marked the closing years of British rule causing a sharp cleavage in the society.2. The issues of striking a balance between minority and majorit...
Tag this Judgment!Gupta GraIn Merchant Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Apr-30-2002
Reported in: [2003]131STC25(All)
R.B. Misra, J.1. The present trade tax revision has been preferred under Section 11 of the U.P. Trade Tax Act (called 'the Act' in short) against the order dated March 5, 1998 passed in Second Appeal No. 244 of 1993 (Year 1985-86).1. Heard Sri Rajesh Agarwal, learned counsel for the applicant-revisionist and Sri S.D. Singh, learned Standing Counsel for the respondent.2. The brief facts necessary for adjudication of the case are that the applicant-revisionist deals, in foodgrain, oil seed, etc., which are declared commodity under Section 14 of the Central Sales Tax Act, 1956. In the relevant year applicant-revisionist purchased foodgrain from registered dealers and obtained forms III-C(2) and III-C(5) from such dealers. The selling dealers have declared and admitted liability of tax. However, the said forms III-C(2) and III-C(5) have been lost; the information above the same was given to the assessing officer on March 27, 1989. On the request of the applicant-revisionist, the assessing ...
Tag this Judgment!Suneel Kumar Vs. Regional Assistant Director of Education (Basic) and ...
Court: Allahabad
Decided on: Apr-29-2002
Reported in: 2002(4)AWC2844; (2002)3UPLBEC2742
Anjani Kumar, J.1. Petitioner who was appointed vide order dated 22.4.1987 passed by Regional Assistant Director of Education, Basic, Moradabad on the post of Junior Clerk. The order of appointment (Annexure-1 to the writ petition) clearly demonstrates that the appointment is purely temporary and can be terminated at any time even without prior notice. Petitioner was working when his services were terminated by impugned order dated 5.9.1988 (Annexure-6 to the writ petition) wherein the petitioner's services terminated in exercise of powers under rule known as U. P. Government Servants (Termination of Services) Rules, 1975 by giving a month's notice that from the date of issuance of this notice, his services will stand terminated. It is this notice which has been challenged by the petitioner on the ground that the order of termination does not give any reason. This Court while entertaining this writ petition granted an interim order which interim order is still continuing.2. Learned cou...
Tag this Judgment!Taj Trading Co. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Apr-29-2002
Reported in: [2003]129STC357(All)
R.B. Misra, J.The present revision has been preferred under section 11(1) of the U.P. Trade Tax Act, 1948 against an order dated August 19, 1999 passed in Second Appeal No. 193 of 1998 (1995-96) whereby the appeal filed on behalf of the Revenue has been allowed and the order passed by the first appellate authority dated March 7, 1998 had been set aside and the order dated December 18, 1997 of assessing officer was restored.1. Heard Sri M, Manglik, learned counsel for the revisionist and Sri B.K. Pandey, learned Standing Counsel for the respondent.2. The brief facts necessary for adjudication of the present revision are that the applicant/revisionist is a dealer carries on business of purchase and sale of biri, match box, torch cells, agarbatti, etc. During the assessment year 1995-96 the applicant disclosed total sale at Rs. 53,91,059 and taxable sale as nil. The assessing officer on the basis of certain cash memos bearing Nos. 143 and 147 showing sale of 22 bundles of match boxes obse...
Tag this Judgment!Rannoo Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-29-2002
Reported in: (2002)3UPLBEC2407
Sunil Ambwani, J. 1. Heard Counsel for petition and learned Standing Counsel. An advertisement was made for selection of the posts of Class-IV employees in the office of Commissioner, Azamgarh Division, Azamgarh. These posts included orderly 1; Peon 3; Messenger 1; Waterman 1; Chowkidar 1 and Mali 1.2. Names of candidates were called frorm Employment Exchange which forwarded a list of candidates to the office of the Commissioner, Azamgarh Division. The Selection Committee in its meeting dated 22nd July, 1997, selected by interviews and prepared separate merit lists of candidates of general category, backward class and scheduled caste on the basis of marks secured by candidates.3. Petitionerr Rannoo Yadav and Respondent No. 3, Barkhoo Ram, both belonging to backward class, were awarded 28.4 marks each and that the name of petitioner Rannoo Yadav was placed at serial No. 2 on account of age whereas Barkhoo Ram was placed at serial No. 3, in the category of backward class candidates. Igno...
Tag this Judgment!Khandelwal Cements Limited Vs. Cegat and Cce
Court: Allahabad
Decided on: Apr-29-2002
Reported in: 2002(84)ECC312
ORDERR.B. Misra, J.1. Heard Sri Bharatji Agarwal alongwith Sri Piyush Agarwal, learned Counsel for the petitioner and Sri A.K. Singh, Standing Counsel for the respondent. By the consent of the learned Counsel for the parties, the present writ petition is being finally decided under the second proviso of Rule 2 Chapter XXII of the High Court Rules. 2. The brief facts necessary for adjudication of the present writ petition are that petitioner is a public limited company incorporated under the Indian Companies Act, and engaged in the manufacturing of cement falling under Chapter 2509.29 of the Central Excise Tariffs Act and is duly registered under the Central Excise Act. For the manufacture of Cement following raw materials are used; (i) Clinker (ii) Gypsum (iii) Slag. In respect of clinker, excise duty charged from the petitioner manufactured for that petitioner has maintained the raw material account in PG-23/A Part-I in respect of clinker and Gypsum and the entire raw materials purcha...
Tag this Judgment!Lal Bahadur Vs. 2nd Additional Munsif, Fatehpur and ors.
Court: Allahabad
Decided on: Apr-26-2002
Reported in: 2002(2)AWC1709
Rakesh Tiwari, J.1. Heard the learned counsel for the parties.2. The petitioner had been working as deed writer in Tehsll Fatehpur, district Fatehpur, connected with the office of the Deputy/Sub-Registrar's Office since 8th August. 1986. He applied on 16.3.1983 for renewal of his licence for the year 1983-84. which was recommended and forwarded by the Deputy Registrar. However, the licence of the petitioner was not renewed.3. It is alleged that the petitioner was threatened that his licence would be cancelled and as such, he was compelled to file a suit for injunction restraining respondent Nos. 3 and 4, i.e., Collector. Fatehpur and the District Registrar, Fatehpur, from interfering in the working of the petitioner as deed writer. The defendants put in appearance and filed the written statement and had given evasive reply to the allegations made by the petitioner in the plaint. The petitioner, therefore, prayed that the respondents be directed to give specific reply to the allegations...
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