Allahabad Court February 2003 Judgments
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Narendra Kumar Tripathi Vs. Secretary, Minor Irrigation Department
Court: Allahabad
Decided on: Feb-13-2003
Reported in: 2003(2)AWC1000; (2003)1UPLBEC674
ORDERM. Katju, J.1. This writ petition has been filed against the Impugned order dated 26.12.2000, Annexure-1 to the writ petition by which petitioner's representation had been rejected by the State Government.2. Heard learned counsel for the parties.3. The petitioner was selected and appointed as Work Engineer on work charge basis by order dated 18.1.1983 Annexure-3 to the writ petition. Thereafter in pursuance to the G.O. dated 20.1.1985 a selection committee was constituted and after taking into account the satisfactory work of the petitioner, he was appointed as Assistant Engineer vide order dated 12.6.1985, Annexure-5. His service was regularised as Assistant Engineer by order dated 14.12.1989. A seniority list of the Assistant Engineer of Rural Engineering Service was published by the department on 4.1.1995 wherein the petitioner's name was placed at serial No. 274 showing petitioner's seniority with effect from 14.12.1989. Photostat copy of the seniority list dated 4.1.1995 is A...
Bharat Pumps and Compressors Ltd. Vs. Regional Labour Commissioner (Ce ...
Court: Allahabad
Decided on: Feb-13-2003
Reported in: 2003(2)AWC1321; [2003(97)FLR221]; (2003)IILLJ732All; (2003)2UPLBEC1147
ORDERD.P. Singh, J.1. Heard Sri P.K. Mukherji, learned counsel for the petitioner and Sri V.N. Pandey, learned counsel for the respondents.2. The respondent No. 3 was an employee of M/s. Bharat Pumps and Compressors Ltd., Naini, Allahabad. The services of the respondent-workman was terminated on 24th May, 1986 and an appeal preferred before the Managing Director of the petitioner-Corporation was also dismissed on 4th April, 1987. It is stated that taking a humanitarian approach, the Corporation gave re-employment to the respondent No. 3 vide its order dated 6th April, 1987, which offer was accepted by the respondent No. 3, and he joined on the said past. It is stated that the respondent No. 3 filed a Writ Petition No. 19957 of 1987 claiming continuity of service before this Court. However, the said writ petition was dismissed as not pressed on 16th March, 1993. He, thereafter, preferred an application for payment of gratuity before the State Authority. Before the State Authority, serio...
H.M. Industries and anr. Vs. Sales Tax Officer and anr.
Court: Allahabad
Decided on: Feb-13-2003
Reported in: [2003]131STC173(All)
M. Katju, J.1. This writ petition has been filed for a writ of ceritorari quashing the order dated January 17, 1987 (anncxure 3 to the writ petition) by which the petitioners' application under Section 4-A of the U.P. Trade Tax Act, 1948 has been rejected and the order dated October 24, 1990 (annexure G to the writ petition) by which the review petition has also been rejected. The petitioners have prayed for a mandamus to be issued to respondent No. 2 to issue eligibility certificate to the petitioners under Section 4-A.2. Heard learned counsel for the parties. 3. The petitioner No. 1 is a proprietorship firm and petitioner No. 2 is its proprietor. It established a new unit with new machinery on a plot of land at A-62 in Sector VIII, Noida, for the establishment of its factory. The Director of Industries, U.P., granted it, provisional registration on October 19, 1983 for manufacture of machinery parts and auto parts. The petitioner-firm was registered under the U.P. Sales Tax Act on Ju...
Ganesh Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-13-2003
Reported in: 2003(3)AWC2430b; [2003(97)FLR1129]; (2003)2UPLBEC1142
ORDERR.B. Misra, J.1. Heard Sri Ashok Kumar Dwivedi, learned counsel for the petitioner as well as Sri S.S. Sharma and Sri Sandeep Mukherjee, learned standing counsel for the State.2. In this writ petition, writ of mandamus has been sought directing the respondents to pay the salary of the petitioner due from the suspension order dated 25.3.1992 and to pay the salary of the petitioner in future regularly. It appears that petitioner was appointed as Assistant Salesman in Central Consumer Cooperative Stores Ltd., Azamgarh, in the year 1986 and while working as such, was involved in embezzlement, and misappropriation of fund, dereliction of duty, inefficiency, causing financial loss to the department and facts to such effects have been narrated in para 4 a, b, c, d and e of the counter-affidavit for such allegations the petitioner was placed under suspension on 25.3.1992 (Annexure-5 to the writ petition). The petitioner is asking for the salary for the period of suspension.3. It is well-s...
Manjoor Alias Pawwa Vs. State of U.P.
Court: Allahabad
Decided on: Feb-13-2003
Reported in: 2003CriLJ4644
Onkareshwar Bhatt, J.1. This appeal has been preferred against judgment and order dated 23-2-1994 passed by the then Addl. Sessions Judge, Saharanpur in Special Case No. 30 of 1993. The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the Act, and sentenced to undergo ten years rigorous imprisonment and a fine of rupees one lack and in default of the payment of fine three months further rigorous imprisonment has been awarded.2. Sri R.K. Khanna, learned counsel for the appellant and Sri R.S. Sengar, learned A.G.A. appearing for the State have been heard.3. According to the prosecution case P.W. 1 Khanjan Lal Gangwar, Sub-Inspector, was posted at police station G.R.P. Saharanpur. He was on checking duty of the platform. While on checking he picked up Constables Kanhaiya Lal P.W. 2 and Naresh Kumar P.W. 3. The Sub-Inspector reached near tea stall of platform No. 5/6. At the tea stall the Sub Inspector rec...
Dr. Kavita Srivastava Vs. Principal Secretary (Higher Education)
Court: Allahabad
Decided on: Feb-11-2003
Reported in: 2003(2)AWC1178; (2003)1UPLBEC689
ORDERM. Katju, J.1. This writ petition has been filed for quashing the impugned order dated 10.8.2001 Annexure-1 to the writ petition and for a mandamus directing the respondent to add the earlier service of the petitioner rendered in Awadhesh Pratap Singh University, Rewa to the present service of the petitioner in Kulbhaskar Ashram Degree College, Allahabad.2. In this case, on 10.5.2002, learned standing counsel was granted one month's time to file counter-affidavit but as yet no counter-affidavit has been filed. We, therefore, treat the allegations in the writ petition to be correct.3. We have heard learned counsel for the petitioner and learned standing counsel.4. The petitioner is working as lecturer in Mathematics in Kulbhaskar Ashram Degree College, Allahabad which is affiliated to Chhatrapati Sahuji Maharaj Kanpur University. The petitioner had worked as lecturer in Mathematics in Awadhesh Pratap Singh University, Rewa from 20.1.1994 to 3.4.1996 after which she joined as lectur...
Commissioner of Income-tax Vs. Shyama Charan Gupta
Court: Allahabad
Decided on: Feb-11-2003
Reported in: [2003]261ITR362(All)
M. Katju, J. 1. This is an appeal under Section 260A of the Income-tax Act, 1961, by which the impugned order of the Income-tax Appellate Tribunal dated August 26, 1999, annexure 3, to the appeal has been challenged.2. We have heard learned counsel for the Department as well as of the asses-see and have perused the impugned order and find no illegality in the same.3. The respondent-assessee is a partner in a firm, Shyam Bidi Works. The original assessment of the firm as well as of the partners was completed. Subsequently, there was a search under Section 132 of the Income-tax Act in connection with the firm, its partners and the directors of the company of this group in November 1988. As a result of this search, the firm filed a revised return on March 27, 1989 disclosing an income of Rs. 9,00,890 as against the income of Rs. 4,07,380 declared in the original return furnished on September 26, 1984. The assessment of the firm on the basis of the revised return was completed on an income...
Km. Susheel Vs. Director, Bal Vikas Seva Evam Pushtahar and ors.
Court: Allahabad
Decided on: Feb-11-2003
Reported in: 2003(2)AWC1454
ORDERAnjani Kumar, J. 1. This writ petition was heard and dismissed by me on 11th February, 2003 for the reasons to be recorded later on. Here are the reasons for dismissing the aforesaid writ petition.2. The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has challenged the order dated 20th September, 2001 and the order dated 22nd September, 2001 (Annexures-6 and 7 to the writ petition) respectively.3. According to the report of the Stamp Reporter, the petition ought to have been filed normally up to 31st December, 2001 but the petition was presented on 5th February, 2003. On the question of explaining the laches, learned counsel for the petitioner has stated that a number of persons, who are affected by the impugned order, have filed Civil Misc. Writ Petition No. 38480 of 2001 before this Court wherein this Court directed that the petitioner of Writ Petition No. 38480 of 2001 may file representation before the authority concerned and the aut...
Agrawal Dal and Oil Mills Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-11-2003
Reported in: [2003]131STC170(All)
Prakash Krishna, J.1. The petitioner has challenged the orders dated March 31, 1988 and June 2, 1988 rejecting the petitioner'sapplication for grant of eligibility certificate under Section 4-A of the U.P. Sales Tax (now 'Trade Tax') Act, 1948 by the Divisional Level Committee.2. The petitioner is a partnership firm registered under the Partnership Act and it established a new industry to manufacture oil in the year 1983. The petitioner was also carrying on the business of oil-seeds (telhan). The petitioner's application for the grant of eligibility certificate was rejected solely on the ground that the unit besides production of oil is also doing trading business of telhan, vide. annexure 3 to the writ petition. The said order is dated March 16, 1988 communicated to the petitioner by moans of fetter dated March 31, 1988. Thereafter the petitioner filed review application and also placed reliance upon the circular of the Commissioner of Trade Tax, dated February 25, 1988 with respect t...
Constable Hirendra Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-11-2003
Reported in: 2003(3)AWC2175
ORDERAnjani Kumar, J.1. This petition was heard and dismissed by me on 11th February, 2003 for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition. 2. The petitioner, Hirendra Kumar Singh, who is a constable in the Civil Police, by means of this writ petition under Article 226 of the Constitution of India, has challenged the order of transfer dated 2nd January, 2003 which has been communicated by the Superintendent of Police, Azamgarh by the order dated 13th January, 2003 whereby the petitioner has been transferred from District Azamgarh to District Mirzapur. 3. Learned counsel for the petitioner has challenged the aforesaid order of transfer on the ground that this order has been passed in a mid-academic session and, therefore, in view of the law laid down by the Apex Court in Director of School Education, Madras and Ors. v. O. Karuppa Thevan and Anr., 1994 Suppl (2) SCC 666, which has been relied by this Court in the judgment dated...
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