Allahabad Court September 2002 Judgments
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The Acit Vs. Shri C.K. Malik (i.G.)
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Sep-26-2002
Reported in: (2004)89ITD249(All.)
1. This appeal by the revenue is directed against the order of the DCIT(A), Allahabad dated 6.9.1995 for the assessment year 1990-91. The Revenue has filed this appeal on the following grounds:- "1. That the ld.DCIT(A) has erred in law and on the facts of the case in deleting the addition of Rs. 50,679/- which was made by the Assessing Officer as per Provisions of Section 27 read with Section 64 of the Income-tax Act. 2. That the order of the CIT(A) being bad in law may be set aside and the order of the AO be restored." 2. The brief facts of the case are that the assessee is stated to be I.G., Police and derived income from salary and house property. The assessee has constructed a house at Mahanagar, Lucknow and the total cost of construction had been shown at Rs. 6,83,692/-. The rental income derived from this house has been distributed equally between the co-owner, Shri C.K. Malik (assessee), his wife, Smt. Laxmi Malik and his sons, Saurabh Malik and Neeraj Malik whereas the investm...
Syed Mohd. Asif Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-26-2002
Reported in: AIR2003All43
ORDERAshok Bhushan, J.1. Heard Sri A. S. Diwekar, counsel for the petitioner and learned standing counsel.2. By this writ petition, the petitioner has prayed for writ of certiorari quashing the order dated 2nd September, 2002 and the show cause notice dated 25th September, 2000 and also writ of prohibition prohibiting the proceedings.3. Facts of the case as stated in the writ petition, briefly stated, are: Plot No. 416 is a Government estate land under the management of District Magistrate, Allahabad having area of 13 bighas, 19 biswas and 10 dhoors. On part of the aforesaid plot there is old building popularly known as European Lockup. It is claimed that father of the petitioner was clerk in the Collectorate who was allowed to occupy the land in pre-inde-pendence era. It is claimed that father of the petitioner died in the year 1983 and thereafter name of mother of the petitioner was mutated who too died in the year 1996. It is stated that for fiscal purposes the name of mother of the...
U.P. State Electricity Board Vs. Presiding Officer, Labour Court Iii a ...
Court: Allahabad
Decided on: Sep-26-2002
Reported in: (2003)IIILLJ88All
ORDERVineet Saran, J.1. This petition has been filed by the U.P.S.E.B. challenging the award dated August 12, 1983 passed in favour of respondent No. 2 by which the termination of his service has been set aside and he has been reinstated with full back wages.2. The brief facts of this case are that on March 21, 1985, along with 26 other candidates, the respondent No. 2, Sheo Mohan, Singh was selected for the post of apprentice. By order dated April 9, 1985, the petitioner-U.P.S.E.B. appointed the respondent No. 2 as an apprentice Boiler Attendant under the Apprentices Act, 1961 for a period of three years from April 11, 1985 to April 10, 1988. Since the petitioner stopped taking work from the said respondent No. 2 w.e.f. April 11, 1988, the said respondent No. 2 raised a dispute and a reference under Section 4-K of the U.P. Industrial Disputes Act was made by the State Government to the Labour Court. The terms of the reference were as to whether the termination of service of Sheo Mohan...
Brijesh Kumar and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-26-2002
Reported in: 2003CriLJ1082
ORDERU.S. Tripathi, J.1. This revision has been directed against the order dated 3-9-2002 passed by Additional Sessions Judge (Court No. 3), Aligarh in Sessions Trial No. 143 of 2002 summoning the applicants under Section 319, Cr.P.C. for trying them along with other accused of the said case.2. The facts giving rise in this revision, briefly stated, are as below :--On 14-4-2001 Onkar Singh opposite party No. 2 lodged a report at P.S. Gonda district Aligarh with the allegations that on 14-4-2001 his cousin brother Rajendra Singh alias Lonu had gone to Aligarh for his personal work. The opposite party No, 2 (complainant) had also gone along with his cousin brother on a scooter. The scooter was being driven by his Samadhi, Dalbeer Singh and Rajendra Singh was proceeding on a motor cycle. The above three persons were returning to their village in the same position (i.e. Rajendra Singh was on motor cycle and opposite party No. 2 and his Samadhi were on scooter). Motor cycle of Rajendra Sing...
Shankar Singh and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-26-2002
Reported in: 2003CriLJ1095
M.C. Jain, J.1. The appeal has been preferred by three accused-appellants, namely, Shankar Singh, Shatrughan Singh and Lala Ram against the judgment and order dated 20-1-81 passed by Sri K. Section Rakhra, the then V Addl. Sessions Judge, Jalaun at Orai in Sessions Trial No. 115 of 1980, convicting them under Section 302, I.P.C. and sentencing each of them to undergo life imprisonment and to pay a fine of Rs. 1000/-. The appeal has abated so far as the appellant Lala Ram is concerned, as he has died.2. Salient features of the case, as emerging from the F.I.R. and the evidence adduced in the Court, may be detailed briefly. The incident occurred on 14-6-79 at about 7 p.m. in village Ukasa, P.S. Ata, District Jalaun. The report of the incident was lodged the following day i.e. 15-6-79 at 10.30 a.m. by P.W. 2 Smt. Chirauja alias Bari Bahu-mother of the deceased. The distance of the police station was about 3 miles. On the fateful day and time, the informant was sitting at her door when Jog...
Escorts Yamaha Motor Limited Vs. the Secretary, Branch of Labour Secre ...
Court: Allahabad
Decided on: Sep-26-2002
Reported in: [2002(95)FLR589]; (2003)1UPLBEC64
Anjani Kumar, J.1. Heard learned Counsel for the parties.2. The petitioner-employer by means of the present writ petition under Article 226 of the Constitution of India has challenged the order dated 6th March, 1999 passed by the respondent No. 1 (Annexure '3' to the writ petition) whereby the matter which was referred to and was pending before the Labour Court, Ghaziabad has been transferred to Industrial Tribunal-V, Meerut.3. Sri Satish Chaturvedi, learned Counsel appearing for the petitioner, has argued that in view of the provisions of Section 6-G read with Section 4-k (Proviso) of the U.P. Industrial Disputes Act, 1947, order impugned in the present writ petition was passed on the representation filed by the respondents-Union of the workmen when the matter was pending before the Labour Court. Sri Chaturvedi relied upon the opening sentence of Section 6-G (1) of the Act, which provides that State Government may by order in writing for reasons to be recorded withdraw and transfer a ...
Lt. Co. V.S. Chhanker (ic-38789 P) Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-26-2002
Reported in: (2002)3UPLBEC2723
M. Katju, J. 1. This writ petition has been filed against the impugned order dated 9.5.2002, Annexure 2 to the petition and for a mandamus directing the respondents to promote the petitioner to the rank, of Colonel and to set aside from the petitioner's dossier his complete ACR for the period 1.6.98 to 31st May, 1999.2. Heard learned Counsel for the parties.3. It is alleged in Para 7 of the writ petition that in June, 1998, during the absence of the Commanding Officer respondent No. 5, the petitioner while officiating as CO noticed that approximately Rs. 2 lacs unaccounted cash was lying with the Subedar Major. The petitioner apprised about it to the CO as soon as he returned from leave. The CO did not take kindly to this saying that it was already in his knowledge and threatened to spoil the petitioner's ACR if he raked up the matter. Thereafter the CO became vindictive towards the petitioner and started harassing him including social boycott of the petitioner's family. The petitioner...
Nagar Nigam/Nagar Mahapalika Vs. Assistant Labour Commissioner-cum-pre ...
Court: Allahabad
Decided on: Sep-25-2002
Reported in: 2003(1)AWC149; [2003(96)FLR438]
S.N. Srivastava, J.1. Present petition has been filed canvassing the validity of award delivered by the labour court on 28.2.1994 (Annexure-6 to the petition) attended with a further relief of mandamus restraining the labour court from implementing the award dated 28.2.1994.2. Matrix of the necessary facts as bear on the controversy involved in this petition is that Sri Prabhu Dayal, arrayed as respondent No. 5 in the present petition was engaged on daily wage basis on the post of clerk in the accounts department of the Nigam for a specified period, i.e., 60 days with the stipulation that his services were liable to be terminated after expiry of the prescribed period at any time without assigning any reason in accordance with the privity of contract between the Nagar Nigam and the respondent No. 5. It transpires from the record that the services of the petitioner were extended from time to time and each extension is stacked up back to back without there being anybreak and the extension...
D.C.M. Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-25-2002
Reported in: 2003(3)AWC1881; [2002(95)FLR960]
S.N. Srivastava, J.1. Present petition has been preferred canvassing the validity of the award rendered by the labour court and published on 9.1.1986. The conclusions in the award leaned in favour of workman Mool Chand, herein arrayed as respondent No. 3 whereby the termination of the workman was held to be suffering from the taint of illegality on the premise that termination of service amounts to retrenchment and the provisions relating to retrenchment under Industrial Disputes Act were not honoured in compliance and consequently, the workman was directed to be reinstated with full wages retrospectively.2. The matrix of necessary facts is that the workman-respondent No. 3 had entered the service in the year 1971 and at the relevant time, he was serving in the petitioner's factory at Ghaziabad. He was gripped by illness and was sanctioned leave for the period 1.7.1982 and 10.7.1982. He again applied for extension of medical leave by means of an application. It appears from the record ...
Mahendra Pal Sharma and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-25-2002
Reported in: 2003CriLJ698
ORDERU.S. Tripathi, J.1. This application under Section 482, Cr. P. C. has been filed for quashing the entire proceedings of Criminal Case No. 1255 of 2002, Yogendra v. Mahendra and others under Sections 323, 307, 452 and 504, I.P.C., P. S. Pahasu, district Bulandshahar pending in the Court of Additional Civil Judge (Junior Division), Khurja (Bulandshahar) and for setting aside the order dated 2-2-2002 passed by Additional Sessions Judge, Court No. 4, Bulandshahar in Criminal Revision No. 77 of 2001.2. The facts giving rise to this application, briefly narrated, are that on 2-4-1998 Rakesh Kumar Sharma applicant No. 2 lodged a report against Yogendra opposite party No. 2 and three other persons under Sections 323, 504 and 427, I.P.C. with the allegations that on 1-4-1998 at about 6 p.m. while he was returning to his house from his duties and reached in front of house of Suresh Chandra, the accused of the said case namely Suresh Chandra, Pintoo and Yograj caused injuries on him with lat...
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