Allahabad Court October 2003 Judgments
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Ram Kishore Sahu Vs. Hindustan Aeronautics Ltd. and anr.
Court: Allahabad
Decided on: Oct-20-2003
Reported in: (2004)2UPLBEC1550
R.B. Misra, J.1. Heard Sri Sanjay Mishra learned Counsel for. the petitioner as well as Ms. Bharti Sapru learned Counsel for the respondents Hindustan Aeronautices Ltd., Kanpur in short called 'HAL'.2. With the consent of the parties, this case is being heard and decided in view of Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.3. In this petition prayer has been made for quashing the written tests held for the selection to the post of Fitter on 10.7.1999 and 14.7.1999 by the respondent No. 1 i.e. the General Manager, 'HAL'.4. It appears that petitioner has passed High School and had completed the Fitter Training Course from Training Institute, Kanpur. The petitioner had also completed apprenticeship for Fitter from the 'HAL'/respondent No. 1 itself in the year 1989 and has passed the Trade test of the Fitter held from 21.4.1989 to 28.4.1989. It appears that the petitioner was registered with the Employment Exchange Directorate/Officer, Kanpur Nagar. T...
Star Paper Mills Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Oct-20-2003
Reported in: [2005]139STC245(All)
Rajes Kumar, J.1. This revision under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Sales Tax Tribunal, Saharanpur, dated November 3, 1990 relating to assessment year 1984-85 arising out of the proceedings under Section 21 of the Act.2. The brief facts of the case are that the applicant is a manufacturer and a dealer of papers. During the year under consideration, the applicant had sold papers to various parties against form III-B. On the basis of form III-B received from various purchasers, the applicant had claimed exemption during the assessment proceedings. The assessing authority while passing original assessment order had granted exemption on the basis of form III-B to the applicant. Subsequently, the assessing authority received information from various assessing authorities of the dealer who had issued forms in some cases that the alleged forms had not been issued to such dealer and in some cases the recog...
Ashok Kumar Bajpai Vs. Dr. (Smt.) Ranjana Bajpai
Court: Allahabad
Decided on: Oct-17-2003
Reported in: AIR2004All107; 2004(1)AWC88
B.S. Chauhan, J.1. This special appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, against the order dated 11.9.2003, by which the learned single Judge has stayed the further proceedings in a matrimonial matter pending before the Family Court, Allahabad,2. Facts and circumstances giving rise to this case are that the appellant filed Matrimonial Case No. 544 of 1999 before the Family Court, Allahabad, seeking divorce from the respondent. During the pendency of the trial of the said case, parties had approached this Court by filing a Civil Misc. Writ Petition Nos. 333 of 2000, Smt. Ranjana Bajpai v. Shri Ashok Bajpai ; Civil Misc. Writ Petition No. 17655 of 2003, Ashok Kumar Bajpai v. Smt Ranjana Bajpai and F.A.F.O. (D) No. 734 of 2003, Dr. Smt. Ranjana Bajpai v. Shri Ashok Bajpai and the said petitions as well as the appeal were disposed of on merit. However, while deciding the Writ Petition No. 17655 of 2003, vide Judgment and order dated 24.4.200...
Amarjeet Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-16-2003
Reported in: 2004(1)AWC208; (2004)1UPLBEC57
Vineet Saran, J.1. This writ petition is directed against the order dated 13.3.1994 passed by Senior Superintendent of Police, Varanasi, respondent No. 3, dismissing the petitioner from service and also the order dated 25/26.10.1995 passed by the Deputy Inspector General of Police, Varanasi Range, Varanasi respondent No. 2, whereby the appeal of the petitioner has been dismissed.2. A preliminary objection has been raised by the learned standing counsel appearing for the respondents that the petitioner has not availed the alternative remedy of filing a revision against the appellate order, as provided under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and thus this writ petition should be dismissed on the ground of alternative remedy. Sri C.B. Yadav, learned counsel for the petitioner, states that he is not disputing the facts of the case, and the factual position as has been dealt with by the respondent in the impugned orders may be t...
Munesh, (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Oct-16-2003
Reported in: 2004CriLJ1529
Vishnu Sahai, J.1. Munesh was charged by the Additional Sessions' Judge/ Special Judge (E.C.), Bulandsahar, in Sessions Trial No. 748 of 2002, for offences punishable under Sections 302, I.P.C. and 376, I.P.C.Vide Judgment and order dated 15-2-2003, the learned Judge convicted and sentenced him, in the manner stated hereinafter :--(i) Under Section 302, I.P.C. to death; and(ii) Under Section 376, I.P.C. to imprisonment for life. His sentences were directed to run concurrently.Aggrieved by his convictions and sentences, Munesh has preferred Criminal Appeal No. 737 of 2003, in this Court.Capital Sentence Reference No. 07 of 2003 arises out of the reference made by the learned Trial Judge under Section 366(1), Cr.P.C. for confirmation of death sentence of Munesh.2, Since both Criminal Appeal No. 737 of 2003 and Capital Sentence Reference No. 07 of 2003 arise out of a common factual matrix and impugned judgment, we are disposing them of by one judgment.3. Shortly stated, the prosecution ca...
Ehsanul Haque Vs. Municipal Board and anr.
Court: Allahabad
Decided on: Oct-16-2003
Reported in: (2004)1UPLBEC136
Vineet Saran, J.1. The petitioner was appointed as Tax Collector in the Municipal Board, Kalpi, District Jalaun on 14.3.1970. He was thereafter promoted as Tax Clerk vide order dated 30.10.1975 of the Chairman of the Municipal Board, Kalpi and in pursuance thereof he joined as Tax Clerk on the same day. Subsequently, on 9.7.1976, the petitioner was suspended. However, he was reinstated back in service on 1.7.1989 after having been absolved of the charges levelled against him. By the order of reinstatement dated 1.7.1989, the petitioner was however taken back in service on the post of Tax Collector and not as Tax Clerk. The petitioner thereafter filed several representations for being reinstated as Tax Clerk but no decision was taken by the respondents on the same. Vide order dated 1.3.1992, the petitioner was again promoted as Tax Clerk. On the very next date i.e., 2.3.1992, the petitioner again submitted a representation claiming that his promotion ought to be in continuity with effec...
Baldeo Lal Gambhir and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-16-2003
Reported in: I(2004)DMC380
K.N. Ojha, J.1. Instant revision has been preferred against order dated 22.4.2000 passed in Criminal Case No. 5554 of 1999 by which charges under Section 3/4, Dowry Prohibition Act, and Sections 147, 323/149 and 498A, I.P.C. were framed against Dheeraj, Baldev Lal, Smt. Raj Kumari, Neeraj and Naveen Kumar.2. Heard learned Counsel for the revisionists Mr. K.K. Dwivedi, learned AGA and Sri Arvind Kumar Pandey, learned Counsel for the O.P. No. 2 and have gone through the record.3. The fact of the case is that Sanjay Narang, son of Om Prakash Narang, resident of 35-A, Shakti Nagar, Linepar Chiriya Tola, police station Majhola, district Moradabad, lodged FIR against Dheeraj, Baldev Lal Gambhir, Smt. Raj Kumari, Neeraj, Naveen Kumar, and Smt. Rashmi on 15.8.1998 at 14.15 hours under Sections 498A, 506. 323, I.P.C. and Sections 3/4, Dowry Prohibition Act at police station Mahila Thana, district Moradabad, containing the fact the he married his sister Smt. Rekha Gambhir with Dheeraj on 30.5.19...
i.O.L. Ltd. and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-15-2003
Reported in: 2004(1)AWC57
Sunil Ambwani, J.1. I.O.L. Ltd. is a company registered under Companies Act, 1956 with its registered office at Oxygen House P-43, Taratala Road, Calcutta. One of the establishment of the company is situate at North Factory Area, Off. Kalpi Road, Kanpur. Petitioner Nos. 2 to 13 were Directors and Officers of the company and petitioner No, 1.3 is the General Manager, Northern Region and have challenged notices Issued dated January 17, 1991, by Additional Labour Commissioner, U. P., Kanpur Region, Kanpur, Under Section 25R of the Industrial Disputes Act, 1947 (in short. Central Act), to show cause as to why petitioners may not be prosecuted for violating the provisions of Section 25O of the Central Act by declaring closure of Its establishment on 10.1.1994 without seeking permission of the State Government.2. The facts stated in the writ petition are that the unit at Kanpur was engaged in production and distribution of Oxygen Dissolved Acetylene Gases with its Sales Depot at Lucknow. The...
Km. Neelam Sharma Vs. U.P. Financial Corporation
Court: Allahabad
Decided on: Oct-15-2003
Reported in: 2004(1)AWC69
Sunil Ambwani, J.1. Heard Sri K.P. Aggarwal, senior advocate and Ms. Suman Sirohi for petitioner and Sri V.B. Singh, senior advocate, assisted by Sri P.S. Baghel for respondent-corporation.2. Brief facts giving rise to this writ petition are as follows :Petitioner was employed by the respondent-corporation as stenographer/typist. Her services were terminated on 23.7.1994. She raised an industrial dispute which was referred by the State Government to the Labour Court (IV), Kanpur. It was registered as Adjudication Case No. 296 of 1995. By an award dated 19.7.1996 the Labour Court decided the reference in her favour. It was found that petitioner's services were Illegally terminated in violation of Section 6N of the U.P. Industrial Disputes Act, 1947 (in short, the Act). The corporation was directed to reinstate her in service and to pay to her Rs. 1,200 per month for the period she was restrained from working. A Writ Petition No. 30267 of 1996, filed by corporation against the award was ...
Dhandhania Brothers P. Ltd. and R.D. Fan Ltd. Vs. Khaitan Overseas and ...
Court: Allahabad
Decided on: Oct-15-2003
Reported in: [2004]120CompCas212(All); [2004]54SCL371(All)
F. Sunil Ambwani, J.1. Both these company petitions have been filed under Sections 433, 434, 439 of the Companies Act, 1956, with a prayer to wind up Khaitan Overseas and Finance Ltd. (hereinafter called as 'the company') under the directions of the court and to appoint any fit or proper person as liquidator of the company with authority to take charge over the assets of the company in accordance with law, with all powers under the Companies Act, 1956; and for other reliefs.2. The company petitions were presented on August 27, 1999. On September 23, 1999, notice was directed to be issued to the company to show cause as to why the petition be not admitted and advertised, fixing the matter on November 3, 1999, by which date the company was required to give its reply. A supplementary affidavit of Sri Sushil Kumar Dhandhania, Chairman-cum-Director, Dhandhania Brothers (P.) Ltd., 4, Middleton Street, Calcutta, was filed, deposing that statutory notice under Section 434 of the Companies Act ...
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