Allahabad Court January 2003 Judgments
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Smt. Chitra Pandey Vs. Shyam Vishal Pandey and anr.
Court: Allahabad
Decided on: Jan-14-2003
Reported in: 2003CriLJ2712; II(2003)DMC701
ORDERJagdish Bhalla, J.1. Revisionist. Smt. Chitra Pandey has approached this Court for the enhancement of the maintenance fixed by the Judicial Magistrate, Lucknow vide his judgment and order dated 23-12-1981 in case No. 456 of 1980.2. In short, the facts of the case are that the revisionist, Smt. Chitra Pande, was married to Sri Shyam Vishal Pande, opposite party No. 1 on 9-7-1973. According to the revisionist soon after the marriage her husband started ill-treatment towards her and on several occasions she was subjected to undue threatening, abuse and assault, besides perpetual neglect and cruelty. She somehow tolerated the physical and mental persecution and lived with her husband having a hope and faith of some change in his attitude and behaviour towards her.3. Out of the wedlock revisionist gave birth to a female child, namely Anuradha, on June 5, 1975. The fuck being less generous with the revisionist the attitude and behaviour of her husband did not change towards her even the...
Santosh Kumar Vs. State of U.P. Through Its Joint Secretary, Home (Pol ...
Court: Allahabad
Decided on: Jan-14-2003
Reported in: (2003)1UPLBEC768
Anjani Kumar, J.1. The petitioner Santosh Kumar, approached this Court prior to the filing of the present writ petition by means of Civil Misc. Writ Petition No. 51615 of 2000, Santosh Kumar v. State of U.P. and Ors., which has been finally disposed of by this Court vide order dated 5th December, 2000, a copy of which has been annexed as Annexure '6' to the writ petition, wherein direction has been issued by this Court directing the respondents to decide the petitioner's representation regarding appointment under the U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974.2. Learned Counsel for the petitioner had filed the earlier writ petition relying upon the decision reported in (2000) 1 UPLBEC 415, Pushpendra Singh v. Regional Manager, U.P. State Road Transport Corporation, Aligarh and Anr. and (2000) 2 UPLBEC 1694, Manoj Kumar Saxena v. District Magistrate, Bareilly and Ors.. This Court disposed of the aforesaid writ petition with following direction :'T...
Kwality Moters and Components Pvt. Ltd. Through Its Managing Director ...
Court: Allahabad
Decided on: Jan-14-2003
Reported in: [2003(96)FLR923]; (2003)1UPLBEC776
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, petitioner-employers challenge the order/recovery certificate dated 17.5.1999, passed by Dy. Labour Commissioner, Meerut under the provision of U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 hereinafter referred to as the 'Act of 1978', a copy whereof has been annexed as Annexure-6 to the writ petition.2. The facts leading to the filing of present writ petition are that petitioner was served with a notice dated 3.2.1999 (Annexure-2 to the petition) to show cause as to why recovery under Section 3 of the aforesaid Act of 1978 (U.P. Act No. 5 of 1978) be not issued as the employers have not paid a sum of Rs. 95,785 = 26 with regard to the lay-off compensation of their 12 workmen between the period October, 1998 to December, 1998. The employers submitted their reply that the provisions of Section 3 of the aforesaid Act of 1978 are not attracted as the amount of lay-off compensat...
Deoneria Cold Storage and Ice Factory Vs. Commissioner of Income-tax a ...
Court: Allahabad
Decided on: Jan-13-2003
Reported in: (2003)184CTR(All)39; [2003]260ITR315(All)
M. Katju, J.1. This writ petition has been filed against the impugned order of the Commissioner of Income-tax, Agra, dated May 4, 1999, annexure 1, to the writ petition. It has also been prayed that respondent No. 1 be directed to entertain the petitioners' application under the Kar Vivad Samadhan Scheme, 1998, treating it to be within limitation and to quash the recovery proceedings including the attachment order dated April 21, 1999 (annexure 8 to the petition).2. The petitioner is a partnership firm. For the assessment year 1992-93 it had filed a return showing taxable income at Rs. 53,950. However, the assessing authority passed an assessment order assessing the income of the petitioner to be Rs. 76,63,740. The petitioner filed an appeal, which was allowed by the Commissioner of Income-tax and the matter was remanded back to the assessing authority and the assessing authority passed a fresh order dated March 30, 1998. calculating the total income of the petitioner to be Rs. 46,07,7...
Diploma Engineers Association and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-10-2003
Reported in: 2003(1)AWC541
M. Katju, J. 1. This writ petition has been filed with a prayer for a certiorari to quash the impugned advertisements dated 21.8.2002, 24.8.2002 and 28.8.2002 (Annexures-6, 7 and 8 to the writ petition) and all the proceedings pursuant thereto. It has also been prayed that respondents be directed to re-advertise the vacancies in the respondent No. 2 Corporation after correctly applying the reservation percentage prescribed under the U. P. Public Services (Reservation in favour of the Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994, (hereinafter referred to as the 1994 Act) in accordance with hundred point roster after taking into account the reservation qua the cadre strength with regard to individual posts and only thereafter to make any direct recruitment. 2. We have heard Sri Ashok Khare, learned counsel for the petitioner and Dr. R.G. Padia, learned counsel for the respondents. 3. The respondent No. 2 the U. P. State Industrial Development Corporation Ltd. is...
Smt. Bhanmati Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-10-2003
Reported in: 2003(1)AWC784
Rakesh Tiwari, J. 1. Heard learned counsel for the parties. 2. This writ petition arises out of notice of retirement dated 21st April, 1992, informing the petitioner that according to the date of birth entered in her service book as 1.7.1934 on the basis of entry in the kutumb register, she would be attaining the age of 58 years on 30.6.1992. 3. The petitioner was given a compassionate appointment as Chhetra Sahayak in place of her husband under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, who was posted as Deputy Forest Ranger. He died during the employment on 23.1.1990 in a truck accident. 4. It is submitted by the learned counsel for the petitioner that the petitioner did not have school education, hence she was asked to give fitness/age certificate from Chief Medical Officer at the time of joining of service. Chief Medical Officer, Basti, issued said certificate stating her age as 45 years at the time of joining. Photo-stat copy o...
inder Narayan Vs. Kishori Saran Gupta and anr.
Court: Allahabad
Decided on: Jan-10-2003
Reported in: 2003(1)AWC837
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner, inter alia, praying for transferring P.A. Case No. 92 of 2000. Kishori Saran Gup to v. InderNarayan, pending in the Court of the Prescribed Authority/Civil Judge, (Junior Division), Jhansi, to some other competent court.2. From the allegations made in the writ petition, it appears that the respondent No. 1 filed a release application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (hereinafter referred to as 'the Act') in respect of a shop bearing No. 68, Jawahar Chowk, Jhansi, against the petitioner. The said shop has, hereinafter, been referred to as 'the disputed shop'. The said release application was registered as P.A. Case No. 92 of 2000.3. It further appears from the allegations made in the writ petition that during the pendency of the said release case an application dated 1.10.2002 was filed on behalf of the petitioner, inter alia, praying for Inspection of the multi-storeyed shopping complex kno...
Shiv Poojan Prasad Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Jan-09-2003
Reported in: 2003(1)AWC530
S.N. Srivastava, J. 1. Present petition has its genesis in the order dated 26.11.2002 passed by the District Magistrate, Chandauli, arrayed as respondent No. 1 and the consequential order dated 29.11.2002 thereby reopening the auction ofpond/tank for fisheries rights, comprising in Plot Nos. 609/2, 619, 687 admeasuring 2.56 acres situated in village Baburi, Pargana Majhwar, Tahsil and district Chandauli. 2. Facts shorn of unnecessary details are that the pond/tank in question was, to begin with, put to auction in accordance with law on 9.10.2002 and the fisheries rights came to be settled in favour of the petitioner who being the highest bidder i.e., Rs. 70,000. Subsequently, patta came to be executed in favour of the petitioner on 30.10.2002 by the competent authority. It transpires from the record that respondent No. 4 made an application seeking cancellation of the patta before the District Magistrate, Chandauli, on the ground that manipulations were contrived in the proceeding of a...
Mahipal Singh Yadav and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-09-2003
Reported in: 2003(1)AWC545
ORDERM. Katju, J.1. Heard Shri Arun Saunders, learned counsel for the petitioners, and learned standing counsel.2. The petitioners are stage carriage operators, plying their stage carriages on the route in question. By Section 5 (a) of the U. P. Motor Vehicles Taxation (Amendment) Act, 2001 (U. P. Act No. 25 of 2001), the Fourth Schedule of the U. P. Motor Vehicles Taxation Act, 1997, has been amended.3. We have carefully perused the impugned amendment and find no unconstitutionality in the same. It may be stated that to challenge the constitutional validity of a provision of an Act, only one argument is available to the petitioners, namely, that the provision in the said Act is ultra vires some provision of the Constitution.4. Learned counsel for the petitioners submitted that the impugned amendment is violative of Article 19(1)(g) of the Constitution since it is arbitrary and unreasonable. He further submitted that under Section 67(2) of the Motor Vehicles Act, 1988, the State Govern...
Indian Council of Agricultural Research Vs. Raja Balwant Singh College ...
Court: Allahabad
Decided on: Jan-09-2003
Reported in: 2003(1)AWC750
M. Katju, J. 1. This writ petition has been filed against the order of the Central Administrative Tribunal dated 27.4.2001 copy of which is Annexure-10 to the writ petition. 2. We have heard learned counsel for the parties. 3. The petitioner (hereinafter referred to as I.C.A.R.) is a society registered under Societies Registration Act. The Minister for Agriculture is ex-officio President of the Society and it is wholly funded by the Government of India. As stated in para 3 of the writ petition, the society was set up for undertaking scientific research in Agriculture, Animal Husbandry and other allied subjects. The research work is done by various institutions situated all over the country. The number of scientists and helping staff and their qualifications are fixed by the Indian Council of Agricultural Research. The Indian Council of Agricultural Research does not make selection or appointment of such employees nor are they employees of Indian Council of Agricultural Research. The gr...
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