Allahabad Court December 2003 Judgments
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Smt. Bhoori Vs. District Judge and ors.
Court: Allahabad
Decided on: Dec-11-2003
Reported in: 2004(2)AWC1258
ORDERSunil Ambwani, J.1. Sri Satish Chaturvedi has accepted notice on behalf of Union of India-respondent No. 2.2. I have heard counsel for petitioner, and Sri Satish Chaturvedi for respondent No. 2. In a pending Motor Accident Claims Petition No. 252 of 2000, the Tribunal has impleaded Smt. Munni Devi, the applicant, the widow of the deceased Sartaj Ali as a party to the proceedings.3. Petitioner is mother of Late Sartaj Ali. She objected to the application on the ground that Late Sartaj Ali had divorced Munni Devi in the year 1996. In her objections she stated in paragraph 4, that her Late son married seven years ago but did not have any issue. About two years later to the marriage, her son divorced his wife Munni Devi and thereafter he had no relationship with Munni Devi.4. The Tribunal has allowed the impleadment application with observations that the question of divorce, and the fact whether Munni Devi was legally wedded wife on the date of accident, shall be decided after the evi...
Umesh Baijal and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-11-2003
Reported in: 2004(2)AWC1757; (2004)2UPLBEC1235
B.S. Chauhan, J.1. This writ petition has been filed seeking direction to the respondent No. 1 to initiate proceedings under Section 48 of the U. P. Municipalities Act for removing the respondent No. 2, the President/Chairman, Nagar Palika Parishad, Shikohabad, District Firozabad.2. Facts and circumstances giving rise to this case are that the respondent No. 2 is duly elected Chairman of the aforesaid Nagar Palika. The petitioners are duly elected members of the same Palika. They have made certain allegations against the respondent No. 2, which are of the nature of financial irregularities/embezzlement while granting the contract of collection of Tehbazari granted to one Shri Raj Kumar. The said Tehbazari was collected by his employees but not deposited in the treasury for the period between 23.5.2002 to 12.7.2002. The contractor Shri Raj Kumar collected the amount of Rs. 1,28,336 but he deposited a sum of Rs. 76,465 only. Certain affidavits had been filed by the members before the res...
Pushpak Jyoti Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-11-2003
Reported in: (2004)1UPLBEC547
M. Katju, J.1. These writ petitions and the bunch of connected writ petitions have challenged the validity of the petitioners' allocation to the State of Uttaranchal consequent upon the creation of the State of Uttaranchal by the U.P. Re-Organisation Act, 2000. All these petitions are being disposed off by a common judgment.2. We have heard the learned Counsel for the petitioners in all these connected petitions. We have also heard Sri B.N. Singh, learned Senior Standing Counsel for the Central Government and the learned Standing Counsel for the State Government.3. The petitioner in Writ Petition No. 52499 of 2002 was selected as an Officer in the Provincial Police Service in 1987 Batch. After completing his training he joined the service on 3.3.1990 and was initially posted as Deputy Superintendent of Police at Rampur. Presently he is posted as Additional Superintendent of Police, District Gautam Budh Nagar.4. The U.P. Re-Organisation Act, 2000 was enacted by Parliament% which the Sta...
Anupam Dubey Vs. Sachiv, U.P. Basic Shiksha Parishad and anr.
Court: Allahabad
Decided on: Dec-11-2003
Reported in: (2004)2UPLBEC1743
R.B. Misra, J.1. Heard Sri C.B. Yadav, learned Counsel for the petitioner and Sri P.K. Sharma, learned Counsel for Basic Shiksha Parishad, Allahabad.2. In this petition the prayer has been made to quash the order dated 20.7.1998 (Annexure-5 to the writ petition) as well as to quash the order dated 16.11.1999 (Annexure-3 to the writ petition) passed by the Sachiv, U.P. Basic Shiksha Parishad, Allahabad rejecting the appeal preferred by the petitioner on 19.8.98.3. According to the petitioner his father was appointed as Assistant Teacher who died in harness on 16.1.1975 and petitioner by virtue of possession of Intermediate certificate was given an appointment in compassionate ground on 28.12.1991 U.P. Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974 after about seven years the petitioner's appointment was cancelled and an FIR was lodged against the petitioner in respect of procuring and relying on the certificate which was said to be false in respect of dep...
National Handloom Development Corpn. Ltd. Vs. Dy. Cit
Court: Allahabad
Decided on: Dec-11-2003
Reported in: [2004]136TAXMAN81(All)
ORDERM. Katju, J.Heard learned counsel for the parties.2. These two Income-tax Appeals under section 260A of the Income Tax Act are being disposed off by a common judgment.The questions of law involved in these two appeals are as follows:'1. Whether, on 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 2. 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 Income Tax Act, 1961?'3. These two appeals relate to assessm...
Committee of Management, Shri Tilak Vidyalaya Inter College and anr. V ...
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004(1)AWC229; (2004)1UPLBEC616
Rakesh Tiwari, J.1. Heard counsel for the respective parties and perused the record.2. The petitioners have, inter alia, sought quashing of the order dated 18.2.2003, whereby the Regional Committee headed by respondent No. 1 has recalled/stayed its order of recognition of the petitioner-Committee of Management dated 17.1.2002 and referred the matter to the Joint Director of Education, Agra to decide the same under Section 16A (7) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act).3. The case of the petitioners, in brief, is that Shri Tilak Vidyalaya Inter College, Firozabad is a recognised institution governed by the provisions of the Act as well as by the provisions of the U. P. Intermediate Colleges and High Schools (Payment of Salaries of Teachers and other Employees) Act, 1971. The institution has a duly approved Scheme of Administration framed under the Act. The institution is being run and managed by the elected Committee of Management in accordanc...
Ram Gopal Varshney and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004(1)AWC206; (2004)1UPLBEC845
Dr. B.S. Chauhan, J.1. This application has been filed by the respondent No. 2 for recalling the order dated 16.3.2001 or for its clarification as the said order had been passed recalling the earlier ex parte order dated 28.1.1993.2. Facts and circumstances giving rise to this application are that the land belonging to the petitioners had been notified under Section 4(1) of the Land Acquisition Act. 1894. (hereinafter called the 'Act') on 22.6.1988. Thereafter declaration under Section 6 of the Act was issued on 1.12.1988. Provisions of Section 17(1) of the Act were also resorted to dispensing with the application of Section 5A of the Act. Land acquisition proceedings were challenged by filing the writ petition on various grounds including non-publicity of the substance of notification under Section 4 and the declaration under Section 6 of the Act. This Court vide order dated 28.3.1991 directed not to dispossess the petitioners from the land in dispute. The matter came up for hearing o...
Rajendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004(1)AWC736
S.N. Srivastava, J.1. The petition in hand has been instituted with the solitary prayer of issuing mandamus to the consolidation authority concerned to decide the case lingering adjudication since the year 1985.2. In the instant case, litigation erupted with the institution of a suit for declaration of sirdari rights in the year 1973 culminated in a decree on 19.4.1974. Thereafter, the matter journeyed upto Board of Revenue and thereafter, the petitioner made application for correction of revenue record. Subsequently, the village was notified for consolidation and consequently, application for giving effect to the orders dated 6.12.1974 and 3.10.1985 was filed which coincided with objection preferred by the respondent Nos. 3 to 7 under Section 9A. It is ever since then that case No. 80 has been lingering decision before the Consolidation Offfcer II, Sikarpur, District Bulandshahr.3. Learned counsel for the petitioner has mostly attributed protraction of the decision to the twin reasons...
Hausila Prasad Vs. Divisional Engineer and anr.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004(2)AWC1148
ORDERN.K. Mehrotra, J.1. This is a petition under Article 226 of the Constitution of India for issuing a writ of certiorari to quash the suspension order dated 17.2.2003 as contained in Annexure-4 and for a writ of mandamus directing the opposite parties to make the payment of the salary in the revised scale with all increments and dearness allowance with effect from 15.3.1996 to 31.5.2001, Increments, dearness allowance in revised scale from the date 14.3.1996 and 1.6.2001 to 30.9.2002, due revised salary, with increments, dearness allowances in revised scale with effect from 1.10.2000 to 30.11.2003 and further arrears of efficiency bar w.e.f. 1.12.2002 having crossed the efficiency bar.2. Admittedly, the petitioner was firstly suspended on 15.3.1996 on account of his involvement in a criminal case. This order was quashed by the Central Administrative Tribunal in Original Application No. 528 of 1997 on 2.5.2001. Later on, the petitioner was convicted in Sessions Trial No. 785/96 vide ...
Anuroop Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004(2)AWC1169
ORDERS.N. Srivastava, J.1. Impugned herein are the Judgments dated 6.9.2003 and 7.7.2002, passed by Deputy Director of Consolidation and Settlement Officer of Consolidation, Jaunpur respectively.2. I have heard Sri R. S. Verma, for the petitioner and Sri K. C. K. Srivastava, appearing for the opposite parties. Both the counsel conjoined to urge that the matter may be decided at this stage. Learned counsel for the petitioners preferred not to file rejoinder-affidavit and submitted that the matter may be decided on the basis of respective contentions made across the bar and averments as embodied in the writ petition and counter-affidavit. In the above perspective, I feel inclined to decide the matter at the very threshold.3. The petition has been instituted by the petitioner with the threadbare theme that the chaks allotted at the stage of Assistant Consolidation Officer included chaks from his original holding and at subsequent stages, he has been completely denuded of chafes in his ori...
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