Allahabad Court March 2003 Judgments
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Cit Vs. Shan Elahi
Court: Allahabad
Decided on: Mar-06-2003
Reported in: [2003]132TAXMAN89(All)
ORDERThis is an Income Tax Reference under section 256(1) of the Income Tax Act, in which following question has been referred to us for our opinion :'Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that the rectification under section 154 made in the above case was barred by limitation ?'2. Section 154(7) of the Income Tax Act as it stood in the relevant assessment year 1971-72 states :'Save as otherwise provided in section 155 or sub-section (4) to section 186 no amendment under this section shall be made after expiry of four years from the date of order sought to be amended.'3. In the petition present case the assessment order was passed on 21-8-1971 and the first rectification under section 154 was made on 28-2-1977. The second rectification with which we are concerned was made on 8-2-1977. The question is whether four years will run from the original assessment order or from 28-2-1997. The facts of this case are covered by the Supreme...
Sadhna Upadhyaya, Advocate, High Court Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-05-2003
Reported in: 2003(2)AWC1297
ORDERM. Katju, J.1. This is an application praying that the Nagar Nigam, Allahabad be directed to remove the persons who are illegally squatting on/occupying the Bank road for selling vegetables (whether on retail or wholesale basis).2. Learned counsel for the petitioner has invited our attention to the Division Bench decision of this Court in Sanjay Agarwal v. Nagar Paltka, Allahabad being Writ Petition No. 3119 of 1987 decided on 20.4.1999, copy of which is Annexure-1 to the writ petition. By that judgment, the persons who were squatting illegally on Katra road were directed to shift to some other place. It appears that following the said decision, those persons have now started Illegally squatting on/ occupying the Bank road. This means that such persons who were illegally occupying one place have now started illegally occupying another place. In our opinion, this cannot be permitted. One can occupy public land only with the permission/licence from the authority concerned. We are in...
Naresh Chandra Gupta Vs. U.P. State Road Transport Corporation and ors ...
Court: Allahabad
Decided on: Mar-05-2003
Reported in: 2003(3)AWC1931b
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for issuance of a writ, order or direction in the nature of certiorari quashing the order of suspension dated 20.8.2002 (Annexure-2 to the writ petition) passed by the respondent No. 3, and further for issuance of a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning of the petitioner on the post of 'Junior Foreman', Foundary Nagar Depot. U. P. State Road Transport Corporation, Agra.2. It is, inter alia, alleged by the petitioner in the writ petition that the petitioner was appointed as 'Junior Foreman' in the U. P. State Road Transport Corporation in the year 1990 and was posted at Bareilly ; and that the petitioner was posted as Junior Foreman (Class III) in the U. P. State Road Transport Corporation, Agra, since the year 1997 ; and that the petitioner was served with the orde...
Dr. Mala Arora Vs. Director of Higher Education and ors.
Court: Allahabad
Decided on: Mar-05-2003
Reported in: 2003(3)AWC1895; (2003)2UPLBEC1159
ORDERM. Katju, J.1. The petitioner is challenging the impugned order of the Director of Higher Education, U. P. dated 2.4.2002, Annexure-32 to the writ petition.2. The petitioner was appointed in Juhari Devi Girls Post Graduate College, Kanpur Nagar on a purely contractual and honorarium (Mandeya) basis in pursuance of the G.O. dated 7.4.1998. It appears that even an appointment order was not issued to the petitioner because none has been annexed to the petition. This appointment was without selection by the U. P. Higher Education Service Commission. In our opinion, such purely contractual appointments on honorarium basis confers no right on the petitioner.3. All these aspects have been discussed by a Division Bench decision of this Court in Dr. Alok Kumar Singh v. State of U. P., 2002 (3) AWC 1859 (DB) : 2002 (2) ESC 427. In that decision, the G.O. dated 7.4.1998 has also been considered in great detail and it has been held that these appointees were only appointed for a very short sp...
Om Prakash Srivastava Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-05-2003
Reported in: (2003)2UPLBEC1140
M. Katju, J.1. Heard learned Counsel for the petitioner and the learned Standing Counsel. In this case on 6.1.2003 learned Standing Counsel as granted time to file counter-affidavit and thereafter on 11.2.2003 time was again granted for that purpose but no counter-affidavit has been filed till today. We are not inclined to grant any further time and are disposing of this writ petition.2. The petitioner was appointed on 22.12.1972 on ad-hoc basis in the U.P Agriculture Service. On 3rd July, 1981 an order of regularisation was passed with regard to 14 persons including some persons junior to the petitioner but not for the petitioner. The reason why the regularisation order was not passed in favour of the petitioner was that there was an adverse entry against him for the year 1974-75. This adverse entry was subsequently expunged on 30.6.1984, wide Annexure-5 to the writ petition. The petitioner was regularised with effect from 15.12.1993 but his prayer is that he should be regularised fro...
Harpal Singh Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-05-2003
Reported in: (2003)2UPLBEC1140a
M. Katju and Prakash Krishna, JJ.1. The petitioner working on the post of District Cane Officer, was suspended by Order dated 14.12.1998 and he was retired on 31.12.1998. The petitioner has challenged the Order dated 28.9.2001 passed by the State Government. By the said order it has been ordered that a sum of Rs. 1,73,630/- shall be deducted from the amount payable to the petitioner and his pension shall be reduced by one third.2. The services of the petitioner are governed by the rules 'UP Cane Gazetted Service Rules, 1979' filed as Annexure-8 to the writ petition. A charge sheet dated 19th June, 1999 was served upon him. In the said charge-sheet six charges were framed against the petitioner. The Enquiry Officer was appointed and after inquiry it was found that the charges No. 1, 2, 5 and 6 are fully proved. The charge No. 3 was not proved and charge No. 4 was partly proved. The disciplinary authority after considering the report of the Enquiry Officer passed the impugned order.3. Th...
Ashok Kumar Kaushik Vs. Madan Mohan Sharma
Court: Allahabad
Decided on: Mar-05-2003
Reported in: 2005(1)ARC607
S.P. Mehrotra, J.1. This Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the order dated 11.2.2003 (Annexure 9 to the Writ Petition) and the order dated 18.2.2003 (Annexure 10 to the Writ Petition) passed by the learned Additional District Judge, Court No. 7, Muzaffarnagar (Revisional Court).2. The disputed relates to a shop situated in Nagar Mahapalika Ward No. 17, C.B. Gupta Colony, Kasba Shamli, District Muzaffarngar. The said shop has, hereinafter, been referred to as 'the disputed shop'.3. From the perusal of the averment made in the Writ Petition, it appears that the respondent filed a Suit against the petitioner for ejectment, arrears of rent, damages etc. in respect of the disputed shop. The said Suit was registered as S.C.C. Suit No. 71 of 1991. Copy of the plaint of the said Suit has been filed as Annexure 1 to the Writ Petition.4. It further appears that by the judgment and order dated 12.10.1998, the said Suit was decreed.5. Thereupon, the p...
Cit Vs. Dhampur Sugar Mills Ltd.
Court: Allahabad
Decided on: Mar-05-2003
Reported in: [2003]132TAXMAN88(All)
ORDERHeard Sri A.N. Mahajan, learned counsel for the applicant. None appears for the respondent, though names of as many as seven counsel have been shown for the assessee.2. The reference is under section 256(2) of the Income Tax Act, in which following questions have been referred to us for our opinion :'1. Whether on the facts and in the circumstances of the case the learned Tribunal was right in law in holding that the amount of Rs. 12,66,429 being excess levy sugar price was not taxable in the hands of the assessee company in the year under consideration ?2. Whether on the facts and in the circumstances of the case, the learned Tribunal was right in law in deleting the interest of Rs. 2,89,026 and also in confirming the deletion of interest of Rs. 1,43,282 on the amount of excess levy sugar price claimed by the assessee company ?'As regards the question No. 1 it is covered by a decision of the Supreme Court in the case of K.C.P. Ltd. v. CIT (2000) 245 ITR 42. The second question is...
General Manager, Ordnance Clothing Factory and ors. Vs. Central Admini ...
Court: Allahabad
Decided on: Mar-04-2003
Reported in: 2003(3)AWC1736; (2003)2UPLBEC1131
ORDERM. Katju, J.1. Heard learned counsel for the parties.2. This writ petition has been filed against the impugned order of the Central Administrative Tribunal, Allahabad dated 1 1.7.2001 (Annexure-3 to the writ petition).3. We have carefully perused the impugned order and we find no illegality in the same. Respondent No. 2 was appointed as a Lower Division Clerk in the Ordnance Clothing Factory, Shahjahanpur, on 10.10.1961. He was placed under probation and completed his probation on 20.4.1962. He continued to serve as a Lower Division Clerk when he appeared in the test for tailor in which he was successful and was transferred from non-industrial establishment to the industrial establishment. However, learned counsel for the petitioner has admitted that the petitioner did not lose his lien on the post of Lower Division Clerk. Thereafter the petitioner again joined as Lower Division Clerk with effect from 23.8.1965. The petitioner claims that he should be given seniority with effect f...
National Insurance Co. Ltd. Vs. Urmila Devi and ors.
Court: Allahabad
Decided on: Mar-04-2003
Reported in: 2004ACJ1507; [2003(97)FLR530]; (2003)IIILLJ178All
S.P. Srivastava, J. 1. Heard the learned counsel for the Insurer-appellant and Shri B.P. Verma, learned counsel for the claimants-respondents.2. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 4,08,000 determined as just compensation which the dependants of the deceased Shyamvir Singh @ Pappu were found entitled to on account of his untimely death in an accident involving the offending motor vehicle. The deceased Shyamvir Singh @ Pappu was claimed to be the cleaner-driver of the offending motor vehicle which had been insured by the appellant covering the risk.3. It may be noticed that the application filed by the dependants of the deceased Shyamvir Singh @ Pappu had been filed under Section 163A of the Motor Vehicles Act.4. The Motor Accident Claims Tribunal vide the impugned judgment and award after carefully considering the evidence brought on record by the parties, had come to the conclusion th...
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