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Allahabad Court December 2003 Judgments

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Dec 12 2003

Shiv DIn Sharma Vs. Indian Council of Agricultural Research and ors.

Court: Allahabad

Decided on: Dec-12-2003

Reported in: [2004(102)FLR304]

Sunil Ambwani, J.1. Heard Sri Manish Goyal for petitioner, and learned standing counsel for respondents.2. By this writ petition the petitioner has challenged the appointment of respondent No. 4, Sri Sanjeev Loomba as Head Clerk-cum-Accountant in Krishi Vigyan Kendra Awagarh district Etah, at Raja Balwant Singh College, Agra.3. Krishi Vigyan Kendra Awagrah, Etah is a project of Indian Council of Agricultural Research, Krishi Bhawan, New Delhi, run by the Council at Raja Balwant Singh College, Agra. The College is affiliated to Agra University, Agra.4. The petitioner was appointed in the college on 18.8.1983 as Routine Grade Clerk on 18.8.1983. He was also required to look after the work of Officiating Accountant of the Agriculture Farm run by the College. With effect from 14.4.1987, the petitioner was also required to officiate as Head Clerk-cum-Accountant at the Krishi Vigyan Kendra. One post of Head Clerk-cum-Accountant was advertised on 23.10.1988. The petitioner applied for the pos...


Dec 12 2003

State of U.P. Vs. Ramgarh Farms Ltd.

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2004(2)AWC1199

R. K. Agrawal, J.1. Both these special appeals have been filed against the judgment and order dated 17.2,2000 passed by the learned single Judge of this court in Civil Misc. Writ Petition No, 25084 of 1998 whereby the learned single Judge had directed the authorities to correct the revenue records and deliver the possession according to the decision given by this Court in the matter of the petitioner within a month and also to pay compensation to the petitioner within three months from the date of production of the certified copy of the order. While the State of U. P. through the Collector, Bijnor and the Prescribed Authority (Ceiling)/ Additional District Magistrate (F&R;) Bijnor are the two appellants before us in Special Appeal No. 545 of 2000, the State of Uttar Pradesh through the Principal Chief Conservator of Forest U. P., Lucknow is the appellant in Special Appeal No. 550 of 2000. Since both the appeals have arisen out of the same judgment and order dated 17.2.2000 passed by th...


Dec 12 2003

Smt. Suman Verma and ors. Vs. Special Secretary, Nagar Vikash Anubhag- ...

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2004(2)AWC1247; (2002)1UPLBEC787

Sunil Ambwani, J.1. Brief facts giving rise to this writ petition are stated as below :The Chairman of Nagar Palika Parishad. Fatehpur published an advertisement in daily newspaper 'Dwaba Varta' on 2.7.2000 inviting applications for ten posts of Junior clerks and one post of Draftsman for interviews to be held on 16.7.2000. The petitioner applied and appeared before selection committee consisting of the Chairman, the Executive Officer, Water Works Junior Engineer and Sanitary Inspector of Nagar Palika Parishad, Fatehpur. The petitioners, were selected and Issued appointment letter dated 18.7.2000 and joined in the office of Parishad on 19.7.2000. The daily wage workers, the staff of Octroi Department and other aggrieved persons lodged complaint in the office of District Magistrate, Fatehpur about the authority, manner and method of appointment by the then Chairperson in connivance with the Executive Officer. The District Magistrate Instituted an inquiry on which Additional District Mag...


Dec 12 2003

Chaklesh Sarswat Vs. General Manager, U.P. State Road Transport Corpor ...

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2004(2)AWC1742

R.B. Misra, J.1. Heard Sri S.K. Chaturvedi, learned counsel for the petitioner and Sri V.K. Verma, learned counsel holding brief of Sri V.K. Singh, learned counsel for the respondents, and with the consent of learned counsels for the parties writ petition is decided finally at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Courts Rules, 1952.2. In this petition prayer has been made for quashing the order dated 13.6.2001, whereby the petitioner's application for getting appointment on compassionate ground has been rejected, and further prayer has been made for issuance of mandamus commanding the respondents to consider the application of the petitioner for compassionate appointment.3. According to the petitioner, the mother of the petitioner, while deployed as Class IV employee in U. P. State Road Transport Corporation, died on 31.8.1995. On the death of his mother the petitioner, whose date of birth is 18.2.1982, being eldest male member in the...


Dec 12 2003

Amar Nath and 82 ors. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2004(2)AWC1698; [2004]56SCL529(All)

Sunil Ambwani, J.1. The U. P. State Sugar Corporation Limited, is owned and controlled by the State Government. The Corporation is running and managing various sugar mills in the State of Uttar Pradesh. It suffered recurring losses. On 31.3.1992, its accumulated losses aggregated to Rs. 37,159.98 lacs, which completely wiped out its net worth. The reasons for losses included, outdated equipment, high prices to cane growers, high power tariff, inadequate modernisation and overstaffing. It had 10448 workers, in its units besides managerial and supervisory staff. With losses mounting to Rs. 58,604 lacs far in excess of its net worth of Rs. 46740 lacs, on 31.3.1995, the Corporation filed a petition before the Board of Industrial Finance and Reconstruction. On 21.8.1995, the Board declared the Corporation as a sick industries company within the meaning of Section 3(1)(O) of the Sick Industries (Special Provisions) Act, 1985. The BIFR on its hearing dated 30.7.2001 sanctioned a rehabilitatio...


Dec 12 2003

Jag Narayan Sharma Vs. State of U.P.

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2004CriLJ2985

M. Chaudhary, J.1. This is a jail appeal filed by accused appellant Jag Narain Sharma from judgment and order dated 21st of November 2000 passed by XIV Additional Sessions Judge Allahabad in Sessions trial No. 695 of 1996, State v. Jag Narayan, convicting the accused appellant under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 5000.00 (Rupees five thousand) thereunder.2. Co-accused Laxman Sharma was tried on a charge under Section 120B, IPC but he was held not guilty of the charge levelled against him and acquitted.3. Brief facts giving rise to this appeal are that on 15th of January, 1996 Durga Prasad Singh the village Pradhan lodged an FIR (Ext. Ka-1) at police station Koraon District Allahabad alleging that at about 4.00 p.m. on 14th of January 1996 Jag Narayan Sharma committed the murder of his step brother Krishna Sharma aged about 12 years by giving him axe blows; that on hearing the hue and cry he along with Ram Ayodhya and Visheshwar Singh rush...


Dec 12 2003

Hind Lamps Ltd. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Dec-12-2003

Reported in: 2005(1)ESC526

V.K. Shukla, J.1. Petitioner, Hind Lamps Limited, is a company registered under the Indian Companies Act, situated at Shikohabad, through its General Manager, has approached this Court for quashing of the award of the Industrial Tribunal IVth Agra dated 7.5.1985 (Annexure 1 to the writ petition) to the extent house rent allowance has been allowed to the worker of the aforementioned establishment, who have not been provided the house accommodation with effect from 31.3.1980.2. Brief background of the case, as mentioned in the writ petition, is that the petitioner, which is a public limited company having its registered office at Shikohabad is carrying on the business of manufacturing electric lamps, tubes and miniature lamps in its factory at Shikohabad and there are 1700 employees working in the aforementioned establishment. In the year 1976 there existed only one Union of the workmen, which was known by the name of Indicate Shramik Sangh, which was registered trade Union and which was...


Dec 11 2003

Smt. Rita Devi Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Dec-11-2003

Reported in: 2004(1)AWC825

R.B. Misra, J.1. Heard Sri Dilip Singh learned counsel for the petitioner and Sri S.S. Sharma learned standing counsel.2. In this petition prayer has been made for commanding the respondents to appoint the petitioner as Class IV employee on compassionate grounds and for payment of regular salary month to month.3. By amendment application the petitioner has challenged the order dated 29/30.12.1998 rejecting the representation of the petitioner on the ground that there is no provision for appointment of the dependents of the part time Tubewell operator died under the 'U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974' in short called 'Rules, 1974' hereinafter.4. As contended on behalf of the petitioner Late Vikram Singh was working as part time Tubewell operator by virtue of his deployment in the Irrigation Department from 7.6.1982 till he died on 14.5.1997. Similarly situated persons with the husband of the petitioner approached this Court collectively by...


Dec 11 2003

Committee of Management, Kisan Vidya Mandir College and ors. Vs. State ...

Court: Allahabad

Decided on: Dec-11-2003

Reported in: 2004(1)AWC708; (2004)1UPLBEC600

R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the three petitioners, namely, the Committee of Management, Kisan Vidya Mandir College, Pansar, Saharanpur, through its Manager Jai Krit Singh ; Jai Krit Singh in his individual capacity as Manager and Tej Pal Singh who is the officiating Principal of the college, seek a writ, order or direction in the nature of certiorari quashing the order dated 3rd December, 2003, passed by the District Inspector of Schools, Saharanpur, respondent No. 2, filed as Annexure-8 to the writ petition, and other consequential reliefs.2. I have heard Sri R.N. Singh, learned senior counsel, assisted by Sri V.K. Singh on behalf of the petitioners, learned standing counsel appearing on behalf of the respondent Nos. 1 and 2 and Sri K.P. Shukla appearing on behalf of the respondent No. 3.3. The brief facts giving rise to the present petition are as follows :In the district of Saharanpur, there is an int...


Dec 11 2003

National Handloom Development Corporation Ltd. Vs. Deputy Commissioner ...

Court: Allahabad

Decided on: Dec-11-2003

Reported in: (2004)188CTR(All)195; [2004]266ITR647(All)

M. Katju J.1. Heard learned counsel for the parties. These two income-tax appeals under Section 260A of the Income-tax Act, 1961, are being disposed of by a common judgment.The questions of law involved in these two appeals are as follows :'(i) Whether, in the facts and circumstances of the case, the receivable amount of interest which has been credited by the assessee-appellant to the account, named as 'Deferred credit interest on overdue interest bills account and debited to the account named as 'Deferred credit interest receivable account' was merely hypothetical income and not real income of the assessee-appellant and was taxable under the Income-tax Act, 1961 ?(ii) Whether, the Income-tax Appellate Tribunal erred in law in appreciating and applying the correct concept of real income (either actually received or accrued), as laid down by the Supreme Court in various cases to find out the taxability of the aforesaid amount under the Income-tax Act, 1961 ?'2. These two appeals relate...


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