Allahabad Court August 2002 Judgments
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State of U.P. Vs. Labour Court and anr.
Court: Allahabad
Decided on: Aug-19-2002
Reported in: 2002(4)AWC3295; [2002(95)FLR602]
Anjani Kumar, J. 1. By means of this petition the State of U.P. has challenged the award of the Labour court, U.P., Allahabad, dated 27.4.1995 in Adjudication Case No. 108 of 1990. The fact is that several adjudication cases were made by different workmen before the labour court but the facts of the above adjudication case are picked up in the present writ petition. 2. It is an admitted case that the concerned workman, respondent No. 2, had worked with the petitioner from 1982 to 1989. Thereafter his services were terminated. It is also admitted and not disputed by the petitioner that before terminating the services of the workman concerned neither any notice had been given on him nor the provisions of Section 6N of the Industrial Disputes Act have been complied with. 3. The case of the petitioner is that the Barage system, where the workman was employed, has since been shifted from Allahabad to Mirzapur, no work remained at Allahabad. Therefore, all the workmen, including the responde...
Anil Kumar Agarwal Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Aug-19-2002
Reported in: 2002(4)AWC3189; (2002)3UPLBEC2568
Anjani Kumar, J. 1. Heard Sri U.N. Sharma, learned counsel for the petitioner, and the learned standing counsel. 2. The petitioner has filed this writ petition against the order dated 3rd March, 1984 (Annexure-3 to the writ petition) whereby the District Inspector of Schools, Saharanpur, has stated in the order that on a representation made by Sri Dhoom Singh which purports to consider the approval granted to the petitioner's appointment as clerk as a direct recruit deserves to be recalled as the said vacancy has to be filled in by promotion. The District Inspector ofSchools, Saharanpur, by his earlier order dated 20th February, 1984 (Annexure-2 to the writ petition) has granted approval wherein he has stated that from the averments made in the representation of Sri Dhoom Singh, it is clear that fifty percent vacancy in the category of clear vacancy has to be filled in by promotion and fifty percent by direct recruitment and since the post of Head Clerk has already been filled in by pr...
United India Insurance Co. Ltd. Vs. Smt. Chandra Kali and anr.
Court: Allahabad
Decided on: Aug-19-2002
Reported in: 2004ACJ614; 2002(4)AWC3243; [2002(95)FLR50]; (2003)ILLJ124All
S.P. Srivastava, J.1. I have had the opportunity to go through the judgment prepared by my learned brother Hon'ble V. N. Singh, J. and I agree that this appeal is liable to be dismissed. However, I would like to add few words.2. The insurer--appellant feels aggrieved by the award given in the proceedings under the Workmen's Compensation Act, of an amount of Rs. 1,89,560 as compensation to the wife of the deceased Babu Ram who met his untimely death during the course of his employment as a driver of motor vehicle (truck) bearing registration No. U. P. 15-J-5061 owned by respondent No. 1 which truck was being driven by the deceased. The aforesaid motor vehicle was insured and the certificate of insurance as contemplated under the provisions contained in Chapter No. XI of the Motor Vehicles Act, 1988, had been issued by the present appellant.3. Learned counsel for the appellant has strenuously urged that the Workmen's Compensation Commissioner had no jurisdiction to saddle the insurer-app...
Agarwal Metal Suppliers Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-19-2002
Reported in: [2003]129STC260(All)
R.B. Misra, J.1. Heard Sri M. Manglik, learned counsel for the revisionist and Sri B.K. Pandey, learned Standing Counsel for the respondent/Commissioner, Trade Tax/Revenue.1. The applicant/revisionist deals a business in purchase and sale of metals. For the assessment year 1990-91, the assessment was made at the rate of 2.5. per cent on the taxable turnover. The assessing officer subsequently issued a notice under Section 22 of the U.P. Trade Tax Act, 1948 (in short called as 'the Act') on the ground that the rate of tax was wrongly applied by mistake, and he passed an order under Section 22 on November 25, 1995 imposing the tax at the rate of 5 per cent along with interest payable under Section 8(1) of 'the Act'. The first appeal under Section 9 of 'the Act' was dismissed. The second appeal against the above order was also dismissed on April 28, 2000 on the following grounds :2. As per Notification No. ST-2-6075/X-6(9)/83-U.P. Act 157 48-Or.der-83 dated October 1, 1983 the turnover of...
Kripal Puri Vs. the District Cane Officer and anr.
Court: Allahabad
Decided on: Aug-19-2002
Reported in: (2002)3UPLBEC2401
Anjani Kumar, J. 1. The petitioner, who is admittedly a seasonal employee of the Co-operative Cane Development Society Ltd., Bilari, Moradabad, is governed by the Regulations framed in exercise of power under Section 122 of the U.P. Co-operative Societies Act, known as U.P. Cane Co-operative Service Regulations, 1975. filed this writ petition with the following prayers :'1. to issue an order, direction or a writ in the nature of mandamus commanding the respondent No. 2 not to interfere with the performance of the functioning of the petitioner as seasonal payment Clerk-cum-Cashier and further respondents be directed to pay the entire salary of the petitioner which is due and as and when it false due till the age of his retirement of 60 years already decided by the order dated 10th October, 1996 (Annexure-VIII) passed by Respondent No. 1. 2. to issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. 3. to award the cost...
Symonds and Co. Vs. Addl. Cit
Court: Allahabad
Decided on: Aug-19-2002
Reported in: [2003]86ITD417(NULL)
ORDERP.S. Kalsian, A.M.Appeal is directed by the assessee against the order of the Commissioner (Appeals) dated 14-12-1995. Ground of appeal No. 3 raised by the assessee is reproduced below :'3. Because the adjustments made by the assessing officer though not indicated in the intimation under section 143(1)(a) but brought out by the learned Commissioner (Appeals), Allahabad his order dated 14-12-1995 pertain to carried forward of losses of assessment years 1991-92 and 1992-93 (inadvertently referred to as assessment years, 1990-91 and 1991-92) in the order of Commissioner (Appeals) are will outside the purview of prima facie adjustment permissible under the first proviso to section 143(1)(a) arid not sustainable.'2. The facts of the case are as follows : The assessee filed the return of income for the assessment year 1994-95. The assessee claimed deduction for carry forward loss of Rs. 41,75,074. The assessing officer, however, allowed deduction for carry forward loss of earlier years ...
Assistant Commissioner of Income Vs. V.K. Gupta and ors.
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Aug-16-2002
Reported in: (2003)86ITD200(All.)
1. ITA No. 2419/A11/1995 by the Revenue is directed against the order of the CIT(A), Varanasi, dt. 21st Sept., 1995, for the asst. yr.1992-93, ITA No. 2420/A11/1995 by the Revenue is directed against the order of the CIT(A), Varanasi, dt. 21st Sept., 1995, for the asst, yr.1992-93, ITA No. 2421/A11/1995 by the Revenue is directed against the order of CIT(A), Varanasi, dt. 26th Sept., 1995, for asst. yr. 1992-93, ITA No. 2423/A11/1995, by the Revenue is directed against the order of the CIT(A), Varanasi, dt. 28th Sept., 1995, for asst. yr. 1992-93, ITA No. 2424/A11/1995, by the Revenue is directed against the order of CIT(A), Varanasi, dt. 28th Sept., 1995, for the asst. yr. 1992-93 and ITA No, 2425/Alld/1995 by the Revenue is directed against the order of CIT(A), dt. 21st Sept., 1995, for the asst. yr. 1992-93.2. All these appeals by the Revenue raised similar questions and, therefore, all these appeals were heard together and we dispose of the same by this common consolidated order.3...
Jagat NaraIn and ors. Vs. District Judge and anr.
Court: Allahabad
Decided on: Aug-16-2002
Reported in: 2002(4)AWC2896
S.N. Srivastava, J.1. The petitioners challenged the order dated 25.4.1984, Annexure-2 to the writ petition allowing appeal and setting aside the order dated 2.2.1982 refusing to revoke succession certificate. 2. The petitioners applied for succession certificate which was registered as Misc. Case No. 8 of 1979 under Section 372 of Indian Succession Act on 20.2.1979, before the Civil Judge, Mainpuri, in respect of amount of Rs. 16,750 deposited in the Post Office and State Bank of India by Rati Ram Sharma. Petitioners who are nephews of Rati Ram Sharma filed application on the ground inter alia, that they are only heirs of Rati Ram Sharma entitled to succession certificate, that there Js no Will executed by him in favour of any other person. 3. The application was allowed and the succession certificate was issued by Civil Judge on 17.7.1979. 4. Opposite party No. 2 Shyam Sunder filed an application under Section 383 of the Indian Succession Act on 25.7.1979 on the ground, inter alia, t...
Narendra Kumar Sharma Vs. U.P. State Road Transport Corporation and an ...
Court: Allahabad
Decided on: Aug-16-2002
Reported in: 2002(4)AWC2965; [2002(95)FLR179]
Anjani Kumar, J.1. The petitioner aggrieved by the award dated 6th August, 1998, passed in Adjudication Case No. 14 of 1994 by the Labour Court, Rampur has filed the present writ petition. The following dispute was referred by the State of U. P. in exercise of its power under Section 4K of the U. P. Industrial Disputes Act, 1947, before the Labour Court, Rampur, for adjudication :^^D;k lsok;ksatdksa }kjk Jh ,u-ds- 'kekZ iq= Jh ,- ih- 'kekZ dh lsok;sa fnukad 21-7-1992 ls lekIr fd;k tkuk mfpr@oS/kkfud gS A ;fn ugha rks lacaf/kr Jfed fdl fgrykHk@vuqrks'k ikus dk vf/kdkjh gS rFkk fdu vU; fooj.kksa lfgr** A2. After affording opportunity to the learned counsel for the parties to exchange their pleadings and to adduce their evidence, the labour court has recorded a finding that the enquiry conducted by the employer was neither fair nor proper. The workman was not afforded any opportunity much less reasonable opportunity to defend his case and that the enquiry was against the principles of nat...
Moti Prasad Agrawal and ors. Vs. Prabandh Nideshak, Pradeshiya Industr ...
Court: Allahabad
Decided on: Aug-16-2002
Reported in: [2002(94)FLR827]; [2003]44SCL536(All); (2002)2UPLBEC1942
M. Katju, J. 1. Heard learned counsel for the parties.2. This writ petition has been filed against the impugned recovery certificate dated 20.6.2002 (Annexure-1 to the petition) for Rs. 47,52,683.55p. 3. Krishna Synthetics Ltd. is a limited liability company and the petitioners at the relevant time were its Directors and Guarantors of the loan. The company has approached the Board of Industrial and Finance Reconstruction (B.I.F.R.) under the Sick Industrial Companies (Special Provisions) Act, 1985. 4. In paragraph 7 of the petition, it is stated that the Board of Industrial and Finance Reconstruction had registered the reference of the petitioner, but rejected the reference vide order dated 3.9.2000, on the ground that the petitioner is a small scale industrial undertaking vide Annexure-2 to the petition. 5. Aggrieved, the petitioner filed an appeal before the appellateauthority for Industrial and Finance Reconstruction, and the appellate authority allowed the appeal and set aside the ...
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