Allahabad Court August 2002 Judgments
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Primary Pathshala and anr. Vs. Basic Siksha Parishad and ors.
Court: Allahabad
Decided on: Aug-06-2002
Reported in: (2003)1UPLBEC51
Anjani Kumar, J .1. Heard learned Counsel for the parties. This Court vide its order dated 18th March, 1986 had directed to file counter-affidavit, but till date no counter-affidavit has been filed.2. By means of the present writ petition under Article 226 of the Constitution of India, petitioners have challenged the order dated 10.10.1985, Annexure-1 to the writ petition, whereby the Deputy Inspector of Schools has sought permission from the Basic Shiksha Adhikari, Varanasi to deduct the excess amount with regard to house rent allowance that has been paid to the petitioners. Learned Counsel for the petitioners has stated that before passing of the aforesaid order, no opportunity whatsoever was given to the petitioners. Petitioners further asserted that other similarly situated Teachers are being paid the house rent allowance but the petitioners are being denied only on the ground that the petitioners are living at outer limits of 8 kilometres and therefore, they do not come without th...
New India Assurance Co. Ltd. Vs. Shimla Devi and ors.
Court: Allahabad
Decided on: Aug-05-2002
Reported in: 2004ACJ77
S.P. Srivastava, J.1. Feeling aggrieved by the award of an amount of Rs. 1,41,500 in the proceeding under the Motor Vehicles Act as just compensation to the dependants of the deceased Genda Lal, who met his untimely death in an accident involving the motor vehicle, a jeep, the insurer appellant has now come up in appeal seeking redress praying for the setting aside of the impugned award.2. We have heard learned counsel for the insurer appellant and have also perused the record.3. The learned counsel for the insurer appellant has strenuously urged that the Motor Accidents Claims Tribunal has erred in saddling the insurer with the liability to pay the amount in question even though there was a breach of the terms and conditions subject to which the insurance policy had been issued in favour of the insured.4. It has been urged that the motor vehicle in question (a jeep) was being driven as a taxi and the deceased was being carried as a passenger on payment of fare which was in violation o...
New India Assurance Company Ltd. Vs. Shimla Devi and ors.
Court: Allahabad
Decided on: Aug-05-2002
Reported in: III(2002)ACC486
S.P. Srivastava, J.1. Feeling aggrieved by the award of an amount of Rs. 1,41/500/- in the proceeding under the Motor Vehicles Act as just compensation to the dependants of the deceased Genda Lai, who met his untimely death in an accident involving the Motor Vehicle - a Jeep, the Insurer/appellant has now come UD in appeal seeking redress praying for the setting aside of the impugned award.2. We have heard learned Counsel for the Insurer/appellant and have also perused the record.3. The learned Counsel for the Insurer/appellant has strenuously urged that the Motor Accident Claims Tribunal has erred in saddling the Insurer with the liability to pay the amount in question even though there was a breach of the terms and conditions subject to which the insurance policy had been issued in favour of the insured.4. It has been urged that the Motor Vehicle in question (a Jeep) was being driven as a Taxi and the deceased was being carried as a passenger on payment of fare which was in violation...
State of U.P. and anr. Vs. R.S. Gupta, H.J.S., Special Judge (D.A.A.)
Court: Allahabad
Decided on: Aug-03-2002
Reported in: (2003)1UPLBEC312
Binod Kumar Roy and M.P. Singh, JJ.1. Whether the respondent who is a member of Higher Judicial Service of our State, for non-declaration of results of Intermediate Examination, 1997 of his own son could have initiated suo motu judicial proceedings in his own Court, proceeded to pass orders for production of Answer Books of his son and held guilty the Educational Authorities of the State after holding an Enquiry of committal of alleged offences under Indian Penal Code, Section 340 Cr PC and even guilty of committal of Contempt of Court Act and decided to make reference thereunder And whether this Court will be justified in interfering with his acts and orders/directions under Article 226 of the Constitution of India? are the core questions which have cropped up for adjudication in this writ proceedings.The Prayers :2. The petitioners - the State of Uttar Pradesh and the Director of Education (Secondary)-cum-Chairman, U.P. Board of High School and Intermediate Education, U.P., Allahabad...
Smt. Rana Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-02-2002
Reported in: 2002(4)AWC3016
Khem Karan, J. 1. In this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Rana Singh has prayed for the following reliefs : (a) to command the opposite parties to ensure her peaceful living, in house No. 525-Kha/32, in plot No. 10, in Mahanagar, Lucknow ; (b) to quash the order dated 31.7.1999 (Annexure-20) and order dated 4.10.1999 (Annexure-32), passed by Sri Vinod Shankar Chaubey (opposite party No. 10), in his capacity as the Vtce-Chairman of Lucknow Development Authority (for short L.D.A.) ; (c) to quash the order dated 1.10.1999 (Annexure-33), passed by opposite party No. 9, Smt. Anita Srivastava as Prescribed Authority, under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short Act No. 22 of 1972) ; (d) to quash the notice dated 1.10.1999 (Annexure-23), Issued by opposite party No. 9 on Form-Kha under Rule 3 of the rules framed under the aforesaid Uttar Pradesh Public Premises (Eviction of Unauthorised O...
Nagar Palika Vs. Radhey Lal
Court: Allahabad
Decided on: Aug-02-2002
Reported in: 2002(4)AWC2879; [2002(95)FLR538]; (2002)3UPLBEC2725
Rakesh Tiwari, J.1. Heard the learned counsel for the parties and perused the records.2. This revision has been preferred against the judgment and order dated 24.12.1987 passed by the 1st Civil Judge, Muzaffarnagar in Civil Misc. Case No. 51 of 1985.3. The revisionist has sought the relief from this Court to allow the revision and set aside the judgment and order dated 24.12.1987 and to dismiss the execution application moved by the opposite party before the learned Civil Judge.4. The impugned order of the court-below has been assailed on the grounds that the U. P. Public Service Tribunal No. II, Lucknow, lacked the jurisdiction to entertain the claim petition under Section 4 Of the U. P. Public Services Tribunal Act, 1976 and as such, the judgment and order dated 30.4.1979 passed by it, was without jurisdiction, it has been contended that the said judgment being nullity in the eye of law, cannot be executed against the revisionist. It is further submitted that the objection to the jur...
Rama Nand Misra and ors. Vs. Additional Director of Education and ors.
Court: Allahabad
Decided on: Aug-02-2002
Reported in: 2002(4)AWC3229
Rakesh Tiwari, J. 1. Heard counsel for the parties and perused the record.2. It is averred in the writ petition that since 1969 the primary section classes were started in the Institution and in the year 1972, the school was thereafter raised to High School. By G.O. dated 6,9.1989 in which it has been laid down that those primary sections which are in existence before 1973 and which have been attached to the higher secondary classes w.e.f. 1.10.1989 will pay the salary of the teachers of primary section under the Payment of Salary of Teachers and Other Employees Act, 1971.3. The petitioners were appointed as Assistant Teachers in Primary School on 1.8.1988 and 1.9.1989 respectively. Their grievance is that payment of their salaries has been stopped by respondent No. 3 and they have not been allowed to sign on the attendance register.4. The case of the petitioners is that since the primary school classes started prior to 1975, they are entitled to payment of their salaries under the afo...
Smt. Susheela Pal Vs. Chief Medical Officer and anr.
Court: Allahabad
Decided on: Aug-02-2002
Reported in: 2002(4)AWC3147; [2002(95)FLR72]; (2002)3UPLBEC2794
Rakesh Tiwari, J. 1. By means of this writ petition, the petitioner has prayed for quashing of the impugned order of termination as contained in Annexure-4 to the writ petition and for issuance of a writ of mandamus directing the respondents to pay her salary with arrears. 2. The brief facts of the case are that the petitioner was appointed as Basic Health worker by the Chief Medical Officer, Mainpuri, on 9.1.1985. Her appointment was temporary. The learned counsel for the petitioner submits that so far as relief No. 2 regarding payment of arrears of salary is concerned, the same have already been paid to the petitioner. Thus, the relief in this writ petition is now confined to only prayer of quashing of the impugned order of termination as contained in Annexure-4 to the writ petition. A perusal of Annexure-4 shows that the services of the petitioner were terminated under the U. P. Temporary Government Employees (Termination of Service) Rules, 1975.3. Learned counsel for the petitioner...
Commissioner, Trade Tax Vs. Chauriha Traders
Court: Allahabad
Decided on: Aug-02-2002
Reported in: [2003]129STC263(All)
R.B. Misra, J.This trade tax revision has been preferred under Section 11 of the U.P. Trade Tax Act, 1948 (in short called 'the Act') against the order dated May 27, 2002, passed in appeal No. 473 of 2002 (2001-02) Section 8-A(l-B) of the Act and in appeal No. 474 of 2002 (2001-02) Section 7(4)(b) of Central Sales Tax Act, 1956.1. Heard Sri B.K. Pandey, learned Standing Counsel for the Commissioner/revenue as well as Sri S.D. Singh, learned counsel for the opposite party/assessee and with the consent of the parties this revision is disposed of finally at this stage under second proviso to Rule 2 of chapter XXII of the Allahabad High. Court Rules, 1952.2. The opposite party/dealer obtained a registration with effect from January 5, 1993 under the U.P. Trade Tax Act, 1948 as well as with effect from January 12, 1993 under the Central Sales Tax Act. For the assessment year 1999-2000 opposite party/dealer was alleged to have imported the goods in contravention of the provisions of Section ...
Tandon Jewellers Vs. Chairman, Central Board of Direct Taxes and ors.
Court: Allahabad
Decided on: Aug-01-2002
Reported in: [2002]258ITR22(All); [2002]124TAXMAN733(All)
1. Heard Sri Rajes Kumar, for the writ petitioner, and Sri A. N. Mahajan, learned standing counsel for the respondents.2. The contention of the writ petitioner is that the entire amount due has been paid by the petitioner pursuant to the order passed by the Settlement Commission and no further amount is due and payable. The writ petitioner hasmade an application on June 21, 2001, under Section 132B(3) of the Income-tax Act, 1961, before the Chief Commissioner of Income-tax, respondent No. 2, but the same has been kept pending in spite of repeated reminders.3. In this connection, Section 132B(3) of the Income-tax Act may be taken note of. The said section is set out hereinbelow.'132B. (3) Any assets or proceeds thereof which remain after the liabilities referred to in Clause (i) of Sub-section (1) are discharged shall be forthwith made over or paid to the persons from whose custody the assets were seized.'4. On proper interpretation of the said section it appears to us that upon payment...
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