Allahabad Court December 2003 Judgments
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Bijendra Singh Vs. State of U.P.
Court: Allahabad
Decided on: Dec-02-2003
Reported in: 2004CriLJ1892
Mukteshwar Prasad, J.1. This criminal appeal by the accused is directed against the judgment and order dated 27-3-1981 passed by Sri A. K. Agarwal, the then Additional Sessions Judge, Ballia whereby he convicted the accused under Sections 324 and 325 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and one year respectively thereunder. Both the sentences were directed to run concurrently.2. Briefly stated the prosecution case is as under.3. P. W. 1 Gaori Shanker son of Ram Das handed over a written report to the police and lodged an F. I. R. at police station Sahatwar, District Ballia on 2-3-1975 at 1-30 a.m. It was alleged by the informant that he and his brother Vipin Behari were sleeping in their Oshara on two different cots. At about 11.00 p.m. Vipin Behari raised alarm. The informant woke up and flashed his torch. He saw one person attacking upon his brother with a Gandansi. On hearing the alarm, Jagarnath Singh. Deena Nath Singh and Ra...
Allen Bradley India Ltd. Vs. Union of India
Court: Allahabad
Decided on: Dec-02-2003
Reported in: [2004]137TAXMAN363(All)
ORDER1. Heard Shri R.R. Agarwal, learned counsel for the petitioner and Shri Shambhu Chopra, learned counsel for the revenue.2. The writ petition has been filed against the revisional orders dated 20-7-1989/27-12-1989, wherein the revision filed against the orders of assessment for the assessment years 1986-87 and 1988-89, have been rejected holding that the petitioner/ assessee was not entitled to carry forward of the loss, as the return had not been filed within the stipulated period. In fact, the revisional orders are being challenged on the ground that the learned revisional authority while dealing with the cases did not consider the impact and effect of the Taxation Amendment Act 46 of 1986 dated 10-8-1986 which came into force with effect from 1-4-1987 and Circular No. 469 dated 23-9-1986 issued by the Central Board of Direct Taxes, for the assessment years of 1986 and 1987, and the Taxation Amendment Act No. 4 of 1987, by virtue of the provisions of section 42 thereof, the power...
Gauri Shankar Gupta Vs. Anita Mishra and anr.
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC5
S.U. Khan, J. 1. This revision under Section 25, P.S.C.C. Act, has been filed by Gauri Shankar Gupta, whose impleadment application in S.C.C. Suit No. 42 of 2001 has been rejected by Additional District Judge, Court No. 2, Kanpur Nagar, through order dated 24.7.2003 impugned in the instant revision. The suit has been filed by the plaintiff/respondent No. 1, Anita Mishra, against the respondent No. 2, Azad Kumar. True copy of the plaint is Annexure-1 to the affidavit, filed in support of stay application. In para 4 of the plaint, it is stated that previously Ram Autar, father of defendant (i.e., Azad Kumar) was the tenant of the shop in dispute and after his death. Azad opted for tenancy and signed the counter foils of receipts and he alone made payment of rent. In para 2 of the plaint it has been stated that the shop in dispute is new construction, hence provisions of U. P. Act No. 13 of 1972 do not have any application and assuming it to be within the ambit of the said Act, a clear ca...
Virendra Kumar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC6
M. Katju, J. 1. This petition discloses a great fraud perpetrated by the answering respondents in collusion with the authorities.2. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 24.11.2001 Annexure-1 and for a mandamus directing the respondent Nos. 1 to 3 to forthwith take back possession of the property in dispute from respondent Nos. 8 to 10. It is further prayed that a C.B.I, enquiry be directed against the respondent Nos. 2, 3 and 7 to the writ petition.3. Heard Sri Deepak Jaiswal learned counsel for the petitioner and Sri V. B. Singh learned counsel for the respondents.4. The property in dispute is plot No. 56, area 1 bigha 5 Biswa situate in the city of Mirzapur which belonged to the late Bhairav Prasad Jaiswal who donated the said land for the purpose of an Eye Hospital by executing a Will on 7.11.1954 by which he created a trust for the said purpose in which the District Magistrate and one Anil Banerjee were the trustees. After the...
G.K. Rai and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC14
M. Katju and Umeshwar Pandey, JJ. 1. Heard Sri R, N. Singh, learned counsel for the petitioners, learned standing counsel for the State Government, Sri P. S. Baghel for Allahabad University and Sri Ashok Khare for the newly impleaded respondents.2. This writ petition has been filed against the impugned order dated 14.11.2003 Annexure-6 to the writ petition. By that order the Secretary, Higher Education, U. P. has directed that the recommendations of the Selection Committee of Allahabad University with regard to the Career Advancement Scheme for promotion from the post of Reader to Professor shall not be placed before the Executive Council of the University.3. The petitioners have alleged in para 4 of the petition that they are Readers in various departments in the Allahabad University and are fully eligible for being considered for promotion to the post of Professor under the Career Advancement Scheme. It is alleged in para 5 of the petition that 182 cadre posts of Professors, Readers,...
Smt. Ribha Devi and ors. Vs. Rent Control and Eviction Officer and anr ...
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC4
ORDERS.U. Khan, J. 1. Dispute of title in between petitioners and respondent No. 2 is sought to be resolved in release proceedings under Section 16 of U. P. Act No. 13 of 1972. Admittedly, late Raj Nath was owner of the house of which the property in dispute is a portion. The four petitioners are his daughters. Respondent No. 2 has purchased the entire house from Pyare Lal and Ram Dulare who are nephews of late Raj Nath. Pyare Lal and Ram Dulare claimed that Raj Nath had gifted the house in dispute to them in the year 1952. Dispute regarding the said gift deed had arisen in between Raj Nath and his nephews during the life time of Raj Nath. The parties litigated before municipal corporation authorities in mutation proceedings. However, said proceedings and orders passed therein are not at all relevant for deciding the question of title. Pyare Lal sold northern portion of the house to respondent No. 2 through sale deed dated 24.2.1987 and his brother Ram Dulare sold southern portion to r...
Ramapati Vs. Collector and ors.
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC1; (2004)1UPLBEC797
B.S. Chauhan, J. 1. This writ petition has been filed for quashing the order dated 27.8.1998 (Annexure-3), by which the application of the petitioner under Section 28A of the Land Acquisition Act, 1894 (hereinafter called the Act) has been rejected on the ground that petitioner had accepted the award and withdrawn the compensation without making any protest.2. Facts and circumstances giving rise to this case are that a large area of land was acquired, vide Award dated 7.12.1979 after completing the mandatory requirements under the Act. Petitioner claims that his land measuring 13 biswas and 2 dhoors stood acquired by the said acquisition proceedings, and award in respect of the same had been accepted without protest. Nor he applied for reference under Section 18 of the Act. In respect of some other land, reference under Section 18 was decided vide order dated 16.9.1989 by the Additional District Judge, Varanasi. Petitioner filed an application under Section 28A of the Act on 4.12.1989....
Committee of Management of Madan Mohan Malviya Inter College and anr. ...
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC181; (2004)1UPLBEC20
R.K. Agrawal, J.1. Since all these writ petitions relate to the post of the Principal of Madan Mohan Malviya Inter College, Karchhana, Allahabad, they have been heard together and are being decided by a common Judgment.2. Civil Misc. Writ Petition No. 36846 of 1997 has been filed by the Committee of Management of Madan Mohan Malviya Inter College, Karchhana, Allahabad through its Manager, Girijesh Dwivedi seeking a writ, order or direction in the nature of certiorari quashing the order dated 23rd September, 1997 passed by the U.P. Secondary Education Services Commission, Allahabad, respondent No. 1 filed as Annexure-11 to the writ petition. The petitioners further seek a writ, order or direction in the nature of mandamus directing the U.P. Secondary Education Services Selection Commission (now the Board), Allahabad to decide afresh in accordance with law the entire proposal of dismissal dated 22.9.1996 Including the financial Irregularities and approve the same. A further writ of manda...
Shanker Dayal Tripathi Vs. Joint Director of Education, Ivth Region an ...
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC198; (2004)2UPLBEC1214
R.K. Agrawal, J.1. Since both these writ petitions relate to the appointment as officiating Principal in Adarsh Inter College, Sarai Akil, district Kaushambi, they have been heard together and are being decided by the common judgment.2. Civil Misc. Writ Petition No. 13463 of 2003 has been filed by Shanker Dayal Tripathi seeking a writ, order or direction in the nature of certiorari quashing the order dated 12th March, 2003 passed by the District Inspector of Schools, Kaushambi, respondent No. 2 filed as Annexure-11 to the writ petition and the order dated 20th March, 2003 passed by the Joint Director of Education. IV Region. Allahabad, filed as Annexure-12 to the writ petition and other consequential reliefs whereas Civil Misc. Writ Petition No. 46966 of 2003 has been filed by Jai Shanker Dubey seeking a writ, order or direction in the nature of certiorari quashing the order dated 29th August, 2003 passed by the District Inspector of Schools, Kaushambi, respondent No. 3 filed as Annexu...
Basdeo Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-01-2003
Reported in: 2004(1)AWC822
S.P. Srivastava and Ghanshyam Dass, JJ.1. Heard the learned counsel for the petitioner.2. The learned standing counsel representing the respondents on advance notice has also been heard in opposition to the writ petition.3. Perused the record.4. The petitioner has prayed for a direction requiring the Special Land Acquisition Officer impleaded as respondent No. 2 to rectify, in accordance with the provisions contained in para 94 of the Land Acquisition Manual, exercising the Jurisdiction envisaged under Section 12A of the Land Acquisition Act, the award dated 6.6.2003 declared under the provisions of the Land Acquisition Act determining the amount of compensation in respect of the agricultural holdings of the petitioner which had been acquired under the provisions of the aforesaid Act.5. At the out set it may be noticed that Section 12A of the Land Acquisition Act as applicable to the State of U. P. now stands superseded by the Central Act after the enforcement of the provisions to the ...
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