Allahabad Court December 2003 Judgments
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S.R. Kashyap Vs. Canara Bank and ors.
Court: Allahabad
Decided on: Dec-16-2003
Reported in: (2004)IIILLJ340All; (2004)1UPLBEC581
M. Katju, J.1. This writ petition has been filed for a writ of certiorari against the impugned order dated 15.6.1995 passed by the Deputy General Manager, Canara Bank, Lucknow, Annexure-30 to the writ petition by which the petitioner, had been dismissed from service and the appellate order dated 17.7.1996 passed by the General Manager (Personnel Wing), Canara Bank, Bangalore which has dismissed the petitioner's appeal against the dismissal order vide Annexure 32 to the writ petition. The petitioner has also prayed for quashing of the report dated 14.10.1994 Annexure-17 to the writ petition and has prayed for reinstatement in service with backwages.2. Heard learned Counsel for the parties.3. The facts of the case are that the petitioner was initially appointed in Laxmi Commercial Bank, Delhi which was taken over by Canara Bank on 29.8.1985 and hence he became an employee of the Canara Bank which is a Government of India undertaking having its head office at Bangalore. While posted at Ag...
Jagdish Chand and Sons Vs. Income-tax Appellate Tribunal and anr.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: (2004)188CTR(All)231; [2004]266ITR165(All)
1. Heard.2. The petitioner's appeals had been dismissed by the Income-tax Appellate Tribunal by an ex parte order. The petitioner filed an application for recall of that order and that application has been rejected by the impugned order dated October 9, 2003, against which the present writ petition has been filed.3. In our opinion, an appeal lies against the order dated October 9, 2003, under Section 260A of the Income-tax Act. Section 260A(1) of the Act states :'An appeal shall lie to the court from every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law.In our opinion, the words used in Section 260A(1) are wide enough to include orders of the nature of the impugned order passed on the petitioner's applications for recalling the ex parte order of the Tribunal, which has been rejected. The words used in Section 260A are 'every order passed in appeal by the Appellate Tribunal'.4. In our opinion, the impu...
Ram Singh Vs. Board of Directorate, Allahabad Agricultural Institute a ...
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004(1)AWC834; (2004)1UPLBEC598
M. Katju and Umeshwar Pandey, JJ. 1. Heard Sri Gulab Chandra, learned counsel for the petitioner, Sri Ravi Kant, Sri J. Nagar, Sri Amit Negi, Sri Yashwant Verma for respondent Nos. 1, 2 and 3 and Sri B, N. Singh for the Union of India.2. A series of writ petitions have been filed in this Court against the Allahabad Agricultural Institute, Allahabad, its Vice-Chancellor and other, officials, which have all been dismissed by this Court. In our opinion, these are nothing but blackmailing tactics and publicity interest litigation rather than public interest litigation.3. Writ Petition No. 44533/2002, Ram Narain Pande v. Dr. Rajendra B. Lal and Ors. and Writ Petition No. 44534/2002, Ram Gopal Tripathi v. Dr. Rajendra B. Lal, were filed for issuing a writ of quo-warranto restraining Dr. R. B. Lal from functioning as Vice-Chancellor, Allahabad Agricultural Institute (Deemed University). These writ petitions were dismissed on 21.10.2002 by the following orders :'The petitioner is challenging a...
Ajay Prakash Dixit Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004(2)AWC1171
ORDERM. Katju and Umeshwar Pandey, JJ.1. The petitioner is challenging the charge-sheet dated 10.10.2003 (Annexure-2 to the writ petition). A perusal of the charge-sheet shows that the petitioner has done mutation on the basis of an unregistered sale deed. It is well-settled that immovable property can only be transferred by registered sale deed. Hence, in our opinion, this certainly amounts to misconduct on the part of the petitioner. Hence, departmental proceedings can be taken against the petitioner. It is contended by the learned counsel for the petitioner that since the order is judicial/quasi-judicial, hence no departmental proceedings can be taken against the petitioner particularly when an appeal is pending against the order. We do not agree. No doubt, a Judge can also err, and can make mistakes. However, this refers only to bona fide mistakes. If a Judge passes an order for extraneous considerations not only can an appeal/revision/writ be filed for setting aside that order, bu...
Smt. Usha Devi Agrawal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004CriLJ2388
ORDERK.N. Ojha, J.1. Instant Writ Petition has been filed by Smt. Usha Devi Agrawal, her husband Dr. Dinesh Chand Agrawal and one Dr. Anant Ram Gupta for issue of writ in the nature of certiorari for quashing the impugned summoning order dated 8-5-2002 passed by learned Additional Chief Judicial Magistrate, Jhansi in Criminal Case No. 4406 of 2001 Smt. Rekha Patel v. Smt. Usha Devi and others and order dated 31-1-2003 passed in Criminal Revision No. 251 of2002 Smt. Usha Devi and Ors. v. State of U. P. by learned Additional Sessions Judge, Fast Track Court No. 3, Jhansi by which the petitioners were summoned under Section 204 of Code of Criminal Procedure to face the trial under Sections 420, 406, 452, 323, 504, 506 and 120B IPC.2. Heard Sri S. P. Sharma, learned counsel for the petitioners, Sri A. N. Mishra, learned A. G. A. and have gone through the record.3. The petition is finally disposed of at the admission stage.4. The fact of the case is that Smt. Rekha Patel filed complaint und...
Jawahar Singh S/O Mishri Lal Vs. State of U.P.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004CriLJ2413
ORDERK.N. Ojha, J. 1. Instant revision has been preferred against the order dated 26-3-2001 passed by learned Sessions Judge, Gautam Buddh Nagar, in Sessions Trial No. 1984 of 1999, State v. Jawahar Singh, under Sections 363, 366, 376, I.P.C. police station Jewar, district Gautam Budh Nagar, by which application moved by accused for cross-examination of PW1 and PW2 was rejected on 24-1-2001 and subsequently when application was moved for recall of the witnesses, it was rejected by the impugned order.2. Heard Sri Sunil Kumar, learned counsel for the revisionist and learned AGA and have gone through the record.3. The prosecution case is that one Nanak Chand lodged FIR against the revisionist Jawahar and others on 17-11-1995 at 4.00 a.m. containing the fact that his daughter Kumari Durga alias Kumari Anju, aged about 15 years had gone to respond natural call in the morning of 14-11-1995 at 5 a.m. When delay took place and she did not return, he and his family members started to make searc...
Vijai and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004CriLJ2963
ORDERK.N. Ojha, J. 1. Instant revision has been preferred against order dated 20-2-1998 and 16-11-2000 passed by learned Judicial Magistrate Azamgarh (II Additional Civil Judge (Junior Division), Azamgarh) by which the revisionists have been summoned under Section 204 Cr.P.C. to face trial under Sections 147, 427, 435 IPC and protest petition filed by them has been rejected on the ground that prima facie case was made out against them and protest petition was not maintainable at the stage of summoning the accused.2. Heard Sri V. K. Rai, learned counsel for the revisionist, learned AGA and Sri Rakesh Prasad, learned counsel for the respondent No. 2, Rajpati, and have gone through the impugned orders and record.3. A complaint was filed by Rajpati, respondent No. 2, resident of village Devchandpur, police station Tarawan, district Azamgarh, against the revisionists Vijai, Bhuteli, Sadhu and Ramashray, who are also the residents of the same village Devchandpur, that they along with some ot...
Ajab Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-15-2003
Reported in: 2004CriLJ2680
M. Chaudhary, J.1. This is an appeal filed by the accused-appellants from judgment and order dated 30th of March 1981 in Sessions Trial No. 260 of 1978 State v. Ajab Singh passed by II Additional Sessions Judge, Rampur convicting the accused-appellant Har Pal Singh under Sections 302 and 201 IPC and Section 323 read with Section 34 IPC and accused appellant Ram Pal Singh under Section 302 read with Sections 34 IPC and 201 IPC and Section 323 read with Section 34 IPC and sentencing each of them to imprisonment for life, five years* rigorous imprisonment and one year's rigorous imprisonment respectively thereunder.2. Co-accused Ajab Singh who was also convicted under Sections 302 and 201 IPC and Section 323 read with Section 34 IPC and sentenced thereunder has been reported having died and his appeal stood abated vide order dated 24th of September 2003.3. Brief facts giving rise to this appeal are that Ghulam Rasool and Pir Bux were servants of Mahabir Singh for the last 8-10 years; that...
Banaras Hindu University Vs. Arya Vidya Sabha Kashi
Court: Allahabad
Decided on: Dec-12-2003
Reported in: 2004(1)AWC719; (2004)2UPLBEC1593
Ashok Bhushan, J.1. These two appeals having been filed against same judgment dated 25th August, 2003 passed in Writ Petition No. 3785 of 2002, Arya Vidya Sabha Kashi and Ors. v. Banaras Hindu University and Ors., are being decided together.2. We have heard counsel for the parties in both the appeals and by consent of parties we proceed to decide both the appeal finally.3. Facts giving rise to these appeals, briefly, stated, are ; D.A.V. Degree College, Varanasi, is a college affiliated to Banaras Hindu University, Arya Vidya Sabha Kashi, Varanasi is a registered society under the Societies Registration Act, 1860, which claims to elect the managing committee of D.A.V. Degree College. Under the bylaws of the society, the Board of Trustees of Arya Vidya Sabhi Kashi, Varanasi, elects the committee of management. In the election claimed to be held by Assistant Registrar, Firms, Societies and Chits, Varanasi, on 21st September, 1998, Sambhu Nath Pandey claimed to be elected as Manager and S...
Sanjay Khetan Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Dec-12-2003
Reported in: (2004)188CTR(All)361; [2004]266ITR453(All)
M. Katju, J.1. This writ petition has been filed for quashing the notice dated March 26, 1997, published in the Hindi newspaper Rashtriya Sahara dated March 28, 1997, vide annexure 13 to the writ petition, and to quash the recovery proceedings against the petitioner and for vacating the attachment and restoring the properties in question to the petitioner. The petitioner has also prayed for quashing the sale of immovable properties of the petitioner at Padrauna and Tamkuhi, and has also prayed for a mandamus restraining the respondents from selling immovable properties Nos. 170 and 360 Sahebganj, Padrauna.2. Heard learned counsel for the parties.3. It is alleged in para. 2 of the petition that the petitioner is a grand son of Shri Hari Ram S/o. Shri Ramanand, who along with other persons were partners in the firm known as M/s. Ganesh Narain Onkarmal. The particulars are given in para. 2 of the writ petition. Subsequently, two of the partners died and one Sri Durga Prasad joined the par...
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