Allahabad Court April 2003 Judgments
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Sanjay Gupta and ors. Vs. T.R. Joseph, Principal Secretary (Tax and Re ...
Court: Allahabad
Decided on: Apr-07-2003
Reported in: 2003(3)AWC2314; (2003)2UPLBEC1425
B.K. Rathi, J.1. The petitioners were working as Registration Clerks in the Office of Sub-Registrar, district Jhansi. Their services were terminated in pursuance of the letter dated 27.5.1991 of Inspector General (Registration), with effect from 25.6.1991 by letter issued by the District Registrar (Registration), Jhansi, Annexure-11 to the petition. The termination order was challenged by the petitioners in the High Court in Writ Petition No. 17885 of 1991, which was dismissed. The special appeal preferred by the petitioners was also dismissed. The petitioners preferred special appeal before the Hon'ble Supreme Court of India being No. 9136 of 1995 which was allowed on 27.9.1995 and the case was sent back to the High Court with certain directions. Thereafter the special appeal was heard and allowed on 9.9.1999 and the termination order was quashed. The direction was given to the respondent-opposite parties to give consequential benefits to the appellants.2. The appellants filed the con...
Satya NaraIn and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-07-2003
Reported in: 2003(3)AWC2423; (2003)2UPLBEC1414
S.U. Khan, J.1. An area of 510.55 acres of land situate in village Nauraiya Khera, district Kanpur, including 28 bighas, 16 biswas Bhumidhari land of the appellant was acquired for Kalyanpur-Panki-Pandu and green belt scheme No. 40. Preliminary notification was issued in the year 1959 under Kanpur Urban Area Development Act, 1945. However, in view of Section 577 of Nagar Maha Palika Adhiniyam, 1959, as interpreted in AIR 1974 SC 1202, the market value has to be assessed as on 1.2.1960, the date on which the Nagar Maha Palika Adhiniyam came in force.2. Land Acquisition Officer gave award with regard to the acquired land on 21.7.1965 in award No. 141. Through the said award Land Acquisition Officer divided the entire acquired land, into three belts. The first belt consisted of the land falling within one furlong (220 yards) from Kalpi Road, a national highway, the second consisted of the land lying within one furlong on the eastern side of the canal road and the third belt consisted of t...
Commissioner, Sales Tax Vs. Unity Chains Nai Mandi
Court: Allahabad
Decided on: Apr-07-2003
Reported in: [2006]143STC351(All)
Prakash Krishna, J.1. The Commissioner of Sales Tax has challenged the order dated November 30, 1990 passed by the Sales Tax Tribunal in Second Appeals No. 871 of 1985 and 572 of 1985 for the assessment years 1979-80. The said appeal arose out of proceedings under Section 15-A(1) of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act').2. The assessee, who is a manufacturer of iron chain, applied for grant of recognition certificate under Section 4-B of the Act for the purchase of raw material on concessional rate of tax/total exemption. The recognition certificate was initially granted although the assessee was not entitled for the same. Subsequently, penalty proceeding under Section 15-A(1)(1) of the Act was initiated and the assessing officer by means of an order dated October 14, 1983 imposed penalty to the tune of Rs. 17,000. The penalty order was set aside by the first appellate authority and the same has been confirmed by the Tribunal by the order under revision.3....
Oriental Insurance Company Limited Vs. Smt. Kusum Kali and ors.
Court: Allahabad
Decided on: Apr-07-2003
Reported in: III(2003)ACC364
1. Heard the learned Counsel for the insurer-appellant.This appeal has been filed under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accident Claims Tribunal, Jhansi, determining an amount of Rs. 2,32,000/- as just compensation to which the dependants of the deceased Samar Bahadur were found entitled to on account of his untimely death having been caused in an accident involving the offending motor vehicle - a bus which was ensured by the present appellant covering the risk.2. The Tribunal after carefully considering the evidence and materials brought on record, had come to the conclusion that at the time of death the age of the deceased was about 52-53 years. He was a retired Constable in Border Security Force. His income was held to be Rs. 2,500/- per month excluding 1/3rd amount of the sum, which the deceased might have been spending upon himself, the annual dependency was taken to be at a figure of Rs. 20,000/- per annum and utilising the multip...
State of U.P. Vs. New Central Jute Mills and anr.
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1775
D.P. Singh, J.1. The present writ petition arises out of proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960, (hereinafter referred to as the Act).2. A notice under Section 10 (2) of the Act was served upon the contesting respondents wherein it was proposed to declare 6.39 acres of land as surplus. The respondent No. 1 filed its objection which was rejected by the Prescribed Authority and the notice was affirmed by its order dated 28.7.1977. On appeal preferred by respondent No. 1, the Additional District Judge, Varanasi, allowed the same vide its order dated 10th of May, 1978. The petitioner filed the present writ petition before this Court challenging the aforesaid appellate order. The writ petition was dismissed by this Court on 9th November, 1978. A special leave petition was preferred by the petitioner before the Apex Court against the order of this Court which was allowed by an order dated 26.11.1996 and the matter was remanded to this Court for decision ...
Mani Kant Gupta and ors. Vs. State of U.P. and anr. Overruled
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1728
M. Katju, J. 1. This writ petition has been filed for a mandamus directing the respondents to give the benefit of past service to the petitioners rendered by them in the parent department and to consider the petitioners for promotion or promote them when their juniors were considered and promoted. 2. Heard learned counsel for the parties. 3. The petitioner Nos. 1 and 2 were appointed as Assistant Engineer in U. P. Jal Nigam on 5.2.1979 and 12.12.1978 and the petitioner No. 3 in 1978 and since then they are functioning as such. After appointment the petitioners were sent on deputation to the Ghaziabad Development Authority (G.D.A.) as Assistant Engineer vide Annexures-2A to 2B. The post of Assistant Engineer in G.D.A. is in the Centralised Services under the U. P. Planning and Development Act, 1973. The petitioner's post is transferable throughout U. P. It is alleged in para 9 of the petition that since the petitioners' appointment in G.D.A. had been made on deputation, a decision was t...
Ravindra Singh Vs. U.P. Madhyamik Shiksha Sewa Chayan Board and ors.
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1731b
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, petitioner Ravindra Singh has prayed for the following reliefs :'(a) to issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to pass appropriate orders in the matter pertaining to appointment and continuance of the petitioner as Principal of Amrit Inter College, Rohana Mills, Muzaffarnagar, taking into consideration the letter dated 2.3.2001 sent by Bheem Rao Ambedkar Bihar University, Muzaffarpur.(b) to issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.(c) to award the cost of the writ petition to the petitioner.'2. The facts leading to the filing of present writ petition are broadly, as pursuance of the number of writ petitions filed in the month of October, 1998, the direction was issued by this Court on a writ petition filed by Dharmpal Singh, who was working as ad h...
Smt. Premo Devi and ors. Vs. Joint Director of Consolidation and anr.
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1780
S.K. Singh, J.1. By means of the present writ petition, petitioners have prayed for issuance of the writ in the nature of certiorari quashing the judgment and order passed by Jt. Director of Consolidation, Mujaffarnagar/respondent No. 1, dated 14.8.2002 (Annexure-15 to the writ petition).2. For the purposes of deciding this petition, the fact in briefs can be summarised thus :'Basic year record happens to be in the name of Sumer, who has two sons, viz., Sukhbir and Rahtu. Assistant Consolidation Officer passed orders on 22.2.1981, 16.6.1981 and 22.5.1982 after recording statement of Smt. Premo Devi who happens to be wife of Sukhbir, Rahtu Singh, the brother, Gram Pradhan and members of the Consolidation Committee by which he directed for recording name of Rahtu, the son of Sumer and Vijai Pal, the grandson of Sumer on the premises that Sumer had died and Sukhbir had dis-appeared and have no trace. It is said that in the year 1983, Sukhbir filed some objection under Section 9A (2) of U....
Raj Pal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1835; (2003)2UPLBEC1413
ORDERAnjani Kumar, J.1. Heard Sri Dinesh Pathak, learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.2. The petitioner by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 4/5th February, 2001, copy whereof has been annexed as Annexure-8 to the writ petition, whereby pursuance to the order and direction issued by this Court in the earlier writ petition filed by the petitioner, the respondents have refused to regularise the services of the petitioner on the ground that since the petitioner was not found working on the cut off date, is not entitled for regularisation.3. Petitioner in paragraphs 20 and 21 of the writ petition has categorically stated that the name of the petitioner was already shown in letter No. 147 dated 31st October, 1999, which was received in the office of the respondent No. 4 on 1st November, 1999, but the same has been ignored by the respond...
Employer in Relation to Management of Central Bank of India Vs. Presid ...
Court: Allahabad
Decided on: Apr-04-2003
Reported in: 2003(3)AWC1841; [2003(97)FLR895]; (2003)IIILLJ176All
Anjani Kumar, J.1. This writ petition is directed against the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur (in short Tribunal') dated 19th April, 1985, passed by the respondent No. 1 in I.D. case Nos. 85 of 1983 and 88 of 1983, copy whereof has been annexed as Annexure-C to the writ petition.2. The following disputes were referred to the Tribunal by the Central Government, Ministry of Labour for adjudication vide orders dated 19th December, 1982 and 26th March, 1982, which are reproduced below :'In the case of I.D. No. 85 of 1983 : 'Whether the action of the management of Central Bank of India, Kanpur, in not absorbing Shri Ayodhya Prasad, Sub-Staff in the bank's services and terminating his services from 1976 is justified? If not to what relief is the workman concerned entitled?' In the case of I.D. No. 88 of 1983 : 'Whether the action of management of Central Bank of India, Kanpur, in not absorbing S/Sri Om Narain Mishra, Girish Dutt Shukla, Udai Narat...
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