Allahabad Court December 2003 Judgments
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Dr. D.K. Agrawal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(1)AWC638; (2004)2UPLBEC1773
M. Katju and Umeshwar Pandey, JJ.1. Heard learned counsel for the parties.2. This writ petition has been filed against the Impugned order of the U. P. Public Service Commission, dated 24.5.2001 (Annexure-15 to the writ petition) and for a mandamus directing the respondents to consider the candidature of the petitioner for appointment on the post of Associate Professor and not to reject him on the ground of age bar.3. The petitioner has applied for appointment as Associate Professor in Cardiology in M.L.N. Medical College, Allahabad. By the impugned order dated 24.5.2001 (Annexure-15 to the writ petition) his application has been rejected on the ground that the petitioner is overage.4. Rule 9 of the U. P. State Medical Colleges Teachers Services Rule, 1990, states :'A candidate for direct recruitment to the post of the Principal must have attained the age of 45 years and must not have attained the age of more than 50 years and for various other categories of posts in the service, must n...
Basant Vs. Additional Commissioner, Azamgarh Region and ors.
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(1)AWC716
S.N. Srivastava, J.1. This petition has its origin in the impugned order dated 5.4.2002, passed by Deputy Collector, Belthara Road, Ballia, on, restoration application thereby staying execution of the decree dated 9.11.2001 passed in suit instituted under Section 229B of the U.P.Z.A. and L.R. Act.2. The dispute in the instant petition revolves round plot No. 108 admeasuring .057 situated in village Chaukia Pargana Slkanderpur Garvi Tehsil Belthara Road, District Ballia. The dispute erupted in Institution of a suit under Section 229B of the U.P. Z.A. and L.R. Act, 1950 for the relief of declaration of bhumidhari rights of the plaintiff-petitioner. Subsequently, the parties reproached the dispute and entered into a compromise on 8.11.2001 as a consequence of which, the suit aforestated culminated into a compromise decree vide order, dated 9.11.2001. In view of subsequent developments not discernible from the facts on record a restoration application under Order IX Rule 13 read with Secti...
Sarjoo Ram Vs. U.P. Co-operative Institutional Service Board and anr.
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(1)AWC830; (2004)1UPLBEC761
Sunil Ambwani, J.1. Heard Sri Uma Kant appearing for petitioner and learned standing counsel for respondents.2. Petitioner has prayed for quashing the order dated 21.4.1988 by which after a departmental enquiry, he was dismissed from service by the Additional Registrar (Administration). Co-operative Societies, U. P., Lucknow ; and has further prayed for a direction not to give effect to the order of dismissal till the enquiry against the Secretary and Branch Manager of the Co-operative Bank is concluded,3. Brief facts giving rise to this case are, that petitioner was appointed as A.D.O. Co-operative Development Block-Rasra, When he was posted at Mirpur, district Mirzapur, a disciplinary proceedings were initiated against him and a charge-sheet dated 23.6.1986 was served upon him. He was charge-sheeted for committing financial irregularities. The District Co-operative Bank had sanctioned a credit limit of Rs. 25,000 for Public Distribution System and for consumption. The petitioner was ...
Om Prakash Gupta and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(93)ECC164; 2004(178)ELT150(All)
Rajes Kumar, J.1. In the present writ petition petitioners have mainly prayed for quashing the order dated 13.8.2001 passed by respondent No. 2 and for the direction in the nature of mandamus or prohibition restraining or prohibiting from realizing the penalty of Rs. 5 lacs, each imposed upon the petitioners and for the direction in the nature of mandamus directing the respondent No. 2 to give the benefit of the waiver of penalty to the petitioners in view of the benefit of waiver having been given to the firm, M/s. Ashoka Boot Factory, Agra of which the petitioners are partners of any other direction as may be deem fit and proper in the circumstances of the case.2. The brief facts of the case are that the petitioners are partners of the firm M/s. Ashoka Boot Factory, Agra engaged in the manufacturing of footwear. As a result of some investigation respondent No. 3 issued a show cause notice dated 21.6.1995 demanding the central excise duty from M/s. Ashoka Boot Factory, Agra to the ext...
Shyam Mohan Lal Vs. Gorakhpur University and ors.
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(2)AWC1228; (2004)1UPLBEC749
R. B. Misra, J.1. Heard Sri N.K. Saxena, along with Arti Saxena, learned counsel for the petitioner and learned standing counsel for the State.2. In this petition prayer has been made for issuance of writ of mandamus directing the respondent to grant pension to the petitioner w.e.f. 1.8.1980 and by amendment application the order dated 14.8.1999 passed by the Vice-Chancellor, Gorakhpur University, Gorakhpur has also been challenged. According to the petitioner the date of birth of the petitioner is 15.7.1920 and he was appointed as a mechanic in the workshop of Physics Department. In due course of time, he was promoted to the post of Lab Assistant and thereafter as Senior Lab Assistant and petitioner was to attain -60 years on 31.7.1980, however, the petitioner worked unauthorisedly beyond the date of superannuation, i.e., 14.7.1980 with the connivance of the University authority and when it was noticed that the petitioner had already completed the age of superannuation then he was ask...
New Okhla Industrial Development Authority Vs. Presiding Officer, Labo ...
Court: Allahabad
Decided on: Dec-03-2003
Reported in: 2004(2)AWC1259
ORDERAnjani Kumar, J.1. Heard learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.2. Petitioner-New Okhla Industrial Development Authority, Ghaziabad aggrieved by the award of the labour court, Ghaziabad dated 30th June, 1987, passed in Adjudication Case No. 122 of 1985, copy whereof is annexed as Annexure-4 to the writ petition, approached this Court by means of present writ petition under Article 226 of the Constitution of India.3. The following dispute was referred to the labour court for adjudication :'Kya sewayojkon dwara apne shramik Sukh Pal Singh (putra Sri Balle Ram), mali ki sewayen dinak 7.9.1983 se samapt kiya jana uchit tatha/athwa Vaidhanik hai? Yadi nahi, to sambandhit shramik kya labh/anutosh (Relief) pane ka adhikari hai, tatha anya kis vivrdn sahit?'4. Pursuant to the notice issued by the labour court, the parties have exchanged their pleadings and also adduced evidence, as they desire to adduce. In sho...
P. Anand and Sons Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-03-2003
Reported in: [2006]146STC108(All)
Rajes Kumar, J.1. Present revision Under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of Tribunal dated December 21, 1991 for the assessment year 1980-81.2. Applicant was carrying on the business of palm oil and edible oil. At the time of assessment proceedings Under Section 7 read with Rule 41(7), applicant had disclosed the sales of U.P. purchased oil for Rs. 6,67,500.78 and claimed exemption on such sales on the ground that in respect of such goods, applicant was neither importer nor manufacturer. Applicant had made purchases for Rs. 6,36,270 and admittedly, a list of purchases was filed, in which name of the parties and address were mentioned. Assessing authority had passed the assessment order under Rule 41(7) on March 27, 1984 and allowed the exemption on the turnover of Rs. 6,67,500.78 on the ground that it was related to U.P. purchased goods. It appears that after passing assessment order, the assessing authorit...
Smt. Manju Jaiswal and ors. Vs. Recovery Officer, D.R.T. and ors.
Court: Allahabad
Decided on: Dec-02-2003
Reported in: 2004(1)AWC226; I(2005)BC373
M. Katju, J.1. This writ petition has been filed for quashing auction proceedings held on 24.2,2003 auctioning house No. 5/B, Tagore Town, Allahabad and 603, K. L. Kydganj, Allahabad. Petitioner has also prayed for quashing the further recovery proceeding in pursuance of orders dated 20.2.2003 (Annexures-5 and 6).2. It is alleged in para 2 of the writ petition that the respondent No. 3 Oriental Bank of Commerce filed suit No. 66 of 1999 for recovery of Rs. 61,56,423.46 alleging that late Ashok Kumar Jaiswal was having Current A/c No. 842 in the respondent Bank in which overdraft facility upto Rs. 12,00.000 was given to him and the petitioners were shown as guarantors/sureties to secure the repayment of the overdraft facility.3. Ashok Kumar Jaiswal filed a written statement and made an application that he is willing to pay the reasonable amount by way of negotiation with the bank, but he denied the amount claimed by the bank alleging that it was on the higher and excessive side. It is a...
Ram Prasad Gupta Vs. Allahabad Bank and anr.
Court: Allahabad
Decided on: Dec-02-2003
Reported in: 2004(1)AWC697; (2004)IILLJ531All; (2004)1UPLBEC611
ORDERM. Katju and Umeshwar Pandey, JJ.1. Heard learned counsel for the petitioner.2. This writ petition has been filed against the impugned orders dated 16.5.1992 vide Annexure-5, 30.11.1992 vide Annexure-7, 19.10.1992 vide Annexure-15 and 10.7.1993 vide Annexure-18 to the writ petition.3. We have heard learned counsel for the petitioner and find no merit in this petition.4. A perusal of the order dated 16.5.1992 (Annexure-5 to the writ petition) shows that the petitioner while functioning as Head Office Inspector and Manager (Inspection) of the Regional Office, Gonda was alleged to have committed various acts of misconduct for which a charge sheet dated 24.10.1990 (Annexure-4A to the writ petition) was issued to him. Thereafter an inquiry was held in which he was given an opportunity of hearing and the Inquiry Officer gave his report dated 24.10.1991 (Annexure-4B to the writ petition). A perusal of the inquiry report shows that the petitioner has been found guilty of various acts of m...
Rama Kant Dwivedi Vs. Lalta Prasad and ors.
Court: Allahabad
Decided on: Dec-02-2003
Reported in: 2004(2)AWC1267
D.P. Singh, J.1. Heard Sri S. N. Verma, learned senior counsel assisted by Sri Sharad Malviya for the petitioner and Sri Navin Sinha, learned senior counsel assisted by Sri P. K. Sinha for the respondents.2. This writ petition is directed against an order dated 1.9.1987 allowing the objections filed by the contesting respondents and setting aside the order of the trial court dated 13.3.1987 whereby it had rejected the aforesaid objections in execution proceedings.3. Relevant facts are that the respondent No. 3 filed a money Suit No. 43 of 1987 on 9.2.1978 for recovery of the price of some goods.Along with the suit an application for attachment before judgment was also filed and the disputed plot was attached on the same day. On 16.8.1978 the suit was decreed ex parte and the same was put into execution on 15.1.1982 in execution case No. 1 of 1982.4. The learned counsel for the petitioner has firstly urged that the revisional court ought to have adjourned the matter on the adjournment a...
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