Allahabad Court May 2002 Judgments
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Union of India (Uoi) Through Secretary, Ministry of Defence Vs. 1st Ad ...
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(4)AWC2827
G.P. Mathur, J.1. The controversy involved in all these writ petitions is identical and, therefore, they are being disposed of by a common order.2. An area measuring 2221.12 acres in villages Pasonda. Karhera, Nistali, Aslatpur, Sikanderpur, Mewlagiri, Brahmpur alias Hapura and Makarmatpur in district Meerut was requisitioned for construction of Hindan Air Field under Section 29 of Defence of India Act, 1962 (hereinafter referred to as the Act). Since the land was occupied for a work of permanent character, viz., construction of an Air Base, it was acquired after observing the necessary formalities under Section 36 of the Act. The land vested with the Ministry of Defence, Government of India, some time in 1964-65. The Special Land Acquisition Officer (Defence Project) after considering the objections filed by the land owners and taking into consideration the sale deeds of the year 1963-64 determined the compensation payable for the acquired land under Section 36 of the Act. The Union o...
Branch Manager, Oriental Insurance Co. Ltd. Vs. Kalawati Yadav and ors ...
Court: Allahabad
Decided on: May-22-2002
Reported in: [2003(97)FLR380]; (2003)IILLJ704All; (2002)3UPLBEC2650
G.P. Mathur and Vineet Saran, JJ.1. This appeal has been filed against the award dated March 7, 2002 passed by the Workmen's Compensation Commissioner, Allahabad in W.C. No. 3 of 2000 awarding compensation of Rs. 2,24,000 in favour of the claimants.2. The brief facts of this case are that one Chhotey Lal, who was working as a cleaner-loader on truck No. U.P.-78/B-5869 came in contact with a live electric wire when he was trying to unload the goods from the truck. Due to such accident, the said Chhotey Lal fell down from the truck and died on the spot. The claimants, who are the widow and parents of the deceased Chhotey Lal filed W, C. No. 3 of 2000 claiming compensation of Rs. 2,24,370 along with 18 per cent interest from the owner and appellant-insurer of the truck. It was alleged by them that the deceased was aged about 22 years at the time of accident and was earning a salary of Rs. 3,000 per month.3. The owner of the truck admitted the accident but stated that the deceased Chhotey ...
ist Additional District Judge/Arbitrator and anr. Vs. Union of India ( ...
Court: Allahabad
Decided on: May-22-2002
Reported in: (2002)3UPLBEC2074
G.P. Mathur, J. 1. The controversy involved in all these writ petitions is identical and, therefore, they are being disposed of by a common order.2. An area measuring 2221.12 acres in villages Pasonda, Karhera Nistali, Aslatpur, Sikanderpur, Mewlagiri, Brahmpur alias Hapura and Makarmatpur in district Meerut was requisitioned for construction of Hindan Air Field under Section 29 of Defence of India Act, 1962 (hereinafter referred to as the Act). Since the land was occupied for a work of permanent character viz. construction of an Air Base, it was acquired after observing the necessary formalities under Section 36 of the Act. The land vested with the Ministry of Defence, Government of India, some time in 1964-65. The Special Land Acquisition Officer (Defence Project) after considering the objections filed by the land owners and taking into consideration the sale deeds of the year 1963-64 determined the compensation payable for the acquired land under Section 36 of the Act. The Union of ...
Ram Sewak and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002CriLJ3660
Imtiyaz Murtaza, J.1. These are two connected appeals against the judgment and order dated 18-4-1981 passed by the then 1st Additional District and Sessions Judge, Budaun whereby appellant-Ram Sewak has been convicted and sentenced to imprisonment for life under Section 302, I.P.C. and to three years' rigorous imprisonment under Sections 307/34, I.P.C. Appellant Pradeep Kumar alias Pannoo alias Fattey of Criminal Appeal No. 1254 of 1981 and imprisonment for life under Section 302 read with Section 34, I.P.C. Both the sentences of both the appellants have been ordered to run concurrently.2. Appellant-Pradeep Kumar alias Pannoo alias Fattey expired during the pendency as was reported by the Chief Judicial Magistrate concerned. His appeal has, therefore, abated.3. The prosecution case in short is that a theft had been committed in the house of one Chhotey and he had approached Mehshar deceased to get the stolen articles returned by Pannoo and Ram Sewak. It is alleged that on 2-10-77 Panno...
Dr. (Mrs.) S.D. Quddusi and ors. Vs. Vice-chancellor, Aligarh Muslim U ...
Court: Allahabad
Decided on: May-21-2002
Reported in: 2002(3)AWC2087; (2002)3UPLBEC2549
M. Katju and Rakesh Tiwari, JJ. 1. Heard learned counsel for the parties.2. The point involved in this case is whether N.E.T. qualification is necessary for appointment of Lecturers in A.M.U. from persons holding Ph.D. or M.Phil. degree. The Calcutta High Court in its judgment dated 14.9.2001 Writ Petition No. 12593 (W) of 2000. Narayan Chandra Jana. v. Union of India, copy of which is Annexure-6 to the writ petition, has held that it is not necessary, and it has quashed the notification dated 21.4.2000 and 4.4.2000. It has been submitted by the learned counsel for the University that the judgment of the Calcutta High Court is distinguishable because in Calcutta, there was no University Statutes whereas A.M.U. Statutes requires N.E.T. qualification. The University Statutes are based on the U.G.C. guidelines, and since the guidelines have been quashed by the Calcutta High Court, the very basis of the University Statutes disappears as the Statutes are only consequential to the U.G.C. gui...
Registrar of Companies Vs. Sipra Educational Career Foundation (P.) Lt ...
Court: Allahabad
Decided on: May-21-2002
Reported in: [2002]39SCL507(All)
1. Heard Shri Subodh Kumar, Additional standing counsel appearing for petitioner. No one appears for respondent-company.2. This company petition has been filed by the Registrar of Companies, U.P. and Uttaranchal at Kanpur under Section 433(f) read with Section 439(e) of the Companies Act, 1956 ('the Act') to wind up respondent-company after issuing statutory notice under Section 433(f) read with Section 439(6) and after getting sanction to file winding up petition under Section 439(6) vide order dated 14-9-2001 given by Regional Manager (NR), Camp Office, New Delhi, Department of Company Affairs, Ministry of Law and Justice and Company Affairs Government of India in exercise of delegated power under the proviso to Sub-section (5) of Section 439.3. Petitioner has verified that during the investigation made by Central Bureau of Investigation, in the matter of default in making payment to various investors by Century Consultant Ltd., a report was submitted by C.B.I. dated 20-8-2001/23-8-2...
Registrar of Companies Vs. Kamrao Plastique (P.) Ltd.
Court: Allahabad
Decided on: May-21-2002
Reported in: [2002]40SCL227(All)
ORDER1. Heard Sri Subodh Kumar, additional standing counsel for the petitioner and Sri S.P. Pandey on behalf of Sri Ajai Prakash.2. This company petition has been filed by Registrar of Companies U.P. and Uttaranchal at Kanpur under Section 433(f) read with Section 439(6) of the Companies Act, 1956 ('the Act') to wind up the respondent-company after issuing statutory notice under Section 433(f) read with Section 439(6) and after getting sanction to file winding up petition under Section 439(6) vide order dated 14-9-2001 given by Regional Manager (NR), Camp Office New Delhi, Department of Company Affairs, Ministry of Law and Justice and Company Affairs, Government of India in exercise of delegated power under the proviso to Sub-section (5) of Section 439.3. The petitioner has verified that during the investigation made by the Central Bureau of Investigation ('CBI'), in the matter of default in making payment to various investors by Century Consultant Ltd., a report was submitted by CBI d...
Registrar of Companies Vs. Amit Inter Chemicals (P.) Ltd.
Court: Allahabad
Decided on: May-21-2002
Reported in: [2003]42SCL743(All)
ORDERSunil Ambwani, J.1. Heard Sri Subodh Kumar, additional standing counsel for the petitioner. Sri Tarun Malik has filed a counter affidavit and has prayed to appear in person. A Vakalatnama of Sri S.P. Pandey has been filed on behalf of Tarun Malik. Both are not present.2. This company petition has been filed by Registrar of Companies, U.P. and Uttaranchal at Kanpur under Section 433(f) read with Section 439(6) of the Companies Act, 1956 ('the Act') to wind up the respondent-company after issuing statutory notice under Section 433(f) read with Section 439(6) and after getting sanction to file winding up petition under Section 439(6) vide order dated 14-9-2001 given by Regional Manager (NR), Camp Office New Delhi Department of Company Affairs Ministry of Law, Justice and Company Affairs Government of India in exercise of delegated power under the proviso to Sub-section (5) of Section 439.3. The petitioner has verified that during the investigation made by theCentral Bureau of Investi...
Gupta Construction Co. Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: May-20-2002
Reported in: (2004)84TTJ(All.)46
1. ITA No. 1583 (Alld) of 1995 by the assesses is directed against the order of the CIT(A), Varanasi dt. 10th July, 1995, for the asst. yr.1992-93 on the following grounds : "1. Because the learned CIT(A) has erred in law as well as on facts in not giving full relief by deleting the total addition for alleged bogus purchase and bogus labour payments, when he had categorically held that neither the purchases nor labour payments were bogus or inflated or ingenuine. 2. Because the learned CIT(A) has erred in law as well as on facts in applying a net rate of 10 per cent on gross contract receipts by rejecting the book version of assessee's audited accounts when he has clearly held that there is no case for holding that the assessee's purchases were bogus. 3. Because, without prejudice to above grounds, in applying the net profit rate of 10 per cent the learned CIT(A) has overlooked the past comparable history of the assessee himself and numerous other cases of civil contracts where the ra...
M.D. Chauhan and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-20-2002
Reported in: 2002(3)AWC2096; (2002)3UPLBEC2483
Rakesh Tiwari, J. 1. This writ petition has been filed by two retired Government servants, who are now about 80 years of age. It is stated by petitioner No. 1 that he retired on 23.2.1981. He claims that he had suffered from chest pain on 30.6.1994 and had consulted Dr. D. K. Agarwal, Assistant Professor Cardiology, Moti Lal Nehru Medical College, Allahabad on 7.7.1994 and was referred to All India Institute of Medical Sciences, where he was admitted and was treated by Dr. U. Kaul, Professor of Cardiology. All India Institute of Medical Sciences. New Delhi. Thereafter he got himself regularly checked up by Dr. B. B, Singh, Superintendent of T. B. Sapru Hospital, Allahabad. It is alleged that he made request for reimbursement of medical expenses incurred by him and further to refer his case to Dr. U. Kaul, Professor of Cardiology, All India Institute of Medical Sciences, New Delhi, for further treatment. The representation was made by him to the Superintendent/Medical Officer Incharge, ...
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