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Allahabad Court April 2003 Judgments

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Apr 04 2003

Committee of Management, Shree Tilak Vidyalaya Inter College and anr. ...

Court: Allahabad

Decided on: Apr-04-2003

Reported in: (2003)2UPLBEC1330

Vineet Saran, J1. Heard Sri Shashi Nandan and Sri Anil Bhushan, learned Counsel appearing for the petitioners as well as learned Standing Counsel for respondent Nos. 1 and 2 and Sri Ashok Khare, learned Senior Counsel assisted by Sri R.C. Dwivedi and Sri A.K. Pandey for respondent No. 3.2. By means of this writ petition the petitioners have challenged the order dated 22.11.2002 passed by the District Inspector of Schools, Firozabad Under Section 16-G (8) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) revoking its earlier order approving the suspension of the respondent No. 3 and have also prayed for a direction to the District Inspector of Schools, Firozabad to forward the papers submitted by the Committee of Management relating to the termination of the services of respondent No. 3.3. Briefly, the facts of this case arc that the petitioner Committee of Management had lodged a First Information Report on 5.1.2002 against respondent No. 3 Mahendra Kuma...


Apr 04 2003

Allahabad Wire Drawing Industries Private Limited and anr. Vs. Uttar P ...

Court: Allahabad

Decided on: Apr-04-2003

Reported in: [2004]138STC164(All)

M. Katju, J.1. This writ petition has been filed for a mandamus directing the respondents to refund the entire amount of sales tax/trade tax charged by the respondents amounting to Rs. 16,09,560.61 alongwith interest with rebate allowed by Steel Authority of India Ltd., under the Memorandum of understanding (MOU) Scheme.2. We have heard the learned counsel for the parties and perused the writ petition, counter-affidavit, supplementary affidavit and the rejoinder affidavits.3. The petitioner is a Private Limited Company incorporated under the Indian Companies Act and is carrying on the business of manufacture of wire for which the raw material is iron and steel namely wires rods, etc. The petitioner is registered both under the U.P. Trade Tax Act and the Central Sales Tax Act and has been granted recognition certificate under Section 4-B of the U.P. Trade Tax Act, 1948 in respect of wire rods, angles, iron, etc., as raw material for the manufacture of wires, vide annexure-1. The petitio...


Apr 03 2003

Chandra Shekhar Azad University of Agriculture and Technology and anr. ...

Court: Allahabad

Decided on: Apr-03-2003

Reported in: I(2004)ACC251; 2003(3)AWC2589

A.K. Yog and Ghanshyam Dass,JJ. 1. Heard Dr. R.G. Padia, senior advocate, assisted by Sri A.K. Dubey, on behalf of appellants and Sri V.N. Agarwal, advocate, on behalf of claimant-respondents and perused the record.2. One Dr. Siddharth Dwivedi, who was employed on ad hoc basis in the Chandra Shekhar Azad University of Agriculture and Technology, Kanpur (called 'the University'), while going on official duty from Kanpur to Fatehpur by University Jeep No. UHJ 6225, met with an accident on 28.6.1989 at 12.15 p.m. and received fatal injuries, as a consequence of which he died. The other companion of the deceased Dr. Siddhartha also received serious injuries. The Jeep was driven by the Driver employed by the University when it collided with Matador No. UGH 658, which was parked on the left side of the road.3. We do not intend to burden the judgment by dilating the facts of the case since they are not in dispute. Dispute is with respect to the quantum of compensation.4. Respondents before us...


Apr 02 2003

Dilbag Singh Vs. Deputy Registrar, Cooperative Societies and ors.

Court: Allahabad

Decided on: Apr-02-2003

Reported in: 2003(3)AWC1699; (2003)2UPLBEC1132

ORDERM. Katju and Prakash Krishna, JJ. 1. Heard learned counsel for the petitioner. Sri H. R. Misra has appeared for the respondents. 2. Against the impugned resolution of the Committee of Management of the Co-operative Societies dated 22.3.2003 the petitioner has an alternative remedy of filing a representation under Section 128 of the U. P. Co-operative Societies Act and/or to apply for arbitration under Rule 454 of the U. P. Cooperative Societies Rules. 3. Learned counsel for the petitioner submitted that when an order is wholly without jurisdiction or when there is violation of principles of natural justice a writ petition cannot be dismissed on the ground of alternative remedy. He has relied on the Division Bench decision of this Court in Jagat Narain Singh v. District Assistant Registrar, 1995 (3) UPLBEC 1465 and the Supreme Court decision in Institute of Chartered Accountants v. L.K. Batra, AIR 1987 SC 71 ; Babu Ram v. Zila Parishad, AIR 1969 SC 556 and S.T.O. v. Shiv Ratan. AIR...


Apr 02 2003

U.P. State Electricity Board and ors. Vs. Presiding Officer, Industria ...

Court: Allahabad

Decided on: Apr-02-2003

Reported in: 2003(3)AWC1843

S.N. Srivastava, J.1. This application has been preferred for review of the judgment dated 8.4.1999 passed by a learned single Judge of this Court in Civil Misc. Writ Petition No. 32939 of 1992. U.P. State Electricity Board, Shakti Bhawan, Lucknow and Ors. v. Presiding Officer, Industrial Tribunal, U.P. Allahabad and Ors., in which subject-matter of impungment was the award of the Tribunal dated 4th February, 1992 rendered on parity of the reasoning given in the judgment of the Court (DB) passed in Writ Petition No. 6858 of 1985. Learned single Judge while disposing of the Writ Petition No. 32939 of 1992 modulated the Tribunal's order dated 4.2.1992 and the order in so far as it bears relevance to the matter at issue in the review application is excepted below:'Sri Tarun Agarwal has then contended that list of successful candidates for the year 1977 and 1979 may be declared in near future. Respondent Nos. 3 and 4 have been promoted from the dates indicated in the order of the Tribunal ...


Apr 02 2003

Bhagwat Prasad Poddar Vs. Commissioner of Income-tax and ors.

Court: Allahabad

Decided on: Apr-02-2003

Reported in: (2003)183CTR(All)626; [2003]263ITR119(All)

M. Katju, J. 1. This writ petition has been filed for quashing the impugned notice dated October 29, 2001, under Section 144A of the Income-tax Act, 1961, for proceeding under Section 158BD, read with Section 158BC. Annexure 10 to the writ petition and the direction dated December 12, 2001, issued by the Additional Commissioner of Income-tax to the Deputy Commissioner of Income-tax, annexure 12 to the writ petition and for refund with interest of the seized amount. The petitioner has also prayed for a mandamus restraining the respondents from proceeding with block assessment under Section 158BC.2. Heard learned counsel for the parties.3. It is alleged in paragraph 2 of the petition that the petitioner is assessed to income-tax for the last 20 years.4. The Voluntary Disclosure of Income Scheme, 1997 (VDIS), a copy of which is annexure 1 to the petition provided in Section 64 that any person can make a declaration under Section 65 of any income chargeable to tax for any assessment year m...


Apr 02 2003

Suresh Prasad Lal Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-02-2003

Reported in: 2003(3)AWC2326; (2003)2UPLBEC1127

ORDERR.B. Misra, J.1. Heard Sri Sudhakar Pandey, learned counsel for the petitioner as well as Sri M.C. Chaturvedi, Additional Chief Standing Counsel, Sri Raj Kumar learned standing counsel for the respondents.2. By means of this writ petition, the prayer has been made to quash the order dated 17.7.1989 (Annexure-4) whereby the petitioner has been directed to retire on 31.7.1989 after completing 58 years of age. The petitioner has prayed that he shall be allowed to retire at the age of 60 years.3. It appears that the petitioner was high school passed and was appointed as a Patwari/Lekhpal, later on he worked as a Lekhpal and the District Land Revenue inspector wrote to the S.D.M., Ballia by its letter dated 17.7.1989 that the petitioner is going to retire on 31.7.1989 on that day he shall be retired and interim order was passed on 25.7.1989. By interim order of this Court, the petitioner was allowed to continue to work upto the age of 60 years and after completing 60 years on 31.7.1989...


Apr 02 2003

Mohan Singh Vs. D.D.C. and ors.

Court: Allahabad

Decided on: Apr-02-2003

Reported in: 2003(3)AWC2413

ORDERS.N. Srivastava, J.1. Heard Sri V.S. Chaudhary for the petitioner and Sri S. Goswami Standing Counsel representing the opposite parties. I have also perused the record and considered the submissions made across the bar.2. It would appear from the perusal of the record that the petitioner's holding consisted in Gata No. 1839/1 admeasuring 0.105 hectares. However, Assistant Consolidation Officer ostensibly in ignorance of the provisions embodied in proviso to Section 19 (1) (b) of the U. P. Consolidation of Holdings Act allotted to the petitioner not only his original holdings but some additional land other than his original holding to the extent of 0.257 hectares which transgressed the bounds of 25% fixed in the proviso aforestated. However, the Deputy Director Consolidation after reckoning with every and every aspect rectified the error and the petitioner was re-situated in his original holding in letter and spirit of the provisions embodied in the proviso aforestated without prej...


Apr 02 2003

Alim Ullah (In Jail) Vs. State

Court: Allahabad

Decided on: Apr-02-2003

Reported in: 2003CriLJ4110

M.C. Jain, J.1. The appellant is one Alim Ullah who is aggrieved by judgment and order dated 30-3-1981 passed in Sessions Trial No'. 2 of 1981 by Sri U. S. Tripathi, the then IX Additional Sessions Judge, Kanpur, convicting him under Sections 302, I.P.C, and 25 of the Indian Arms Act. He has been awarded life imprisonment for the former offence and one year's rigorous imprisonment for the latter. Both the sentences have been ordered to run concurrently.2. The incident took place on 2-10-1980 at about 11 a.m. in Mohalla Ajitganj near the house of Usman Khan, P. S. Babupurwa, Kanpur and the report was lodged the same day at 11.50 p.m. by Constable Islam Mohammed. He was posted at Outpost New Labour Colony of P. S, Babupurwa at the relevant time, On the fateful day and time, he was on process serving and patrol duty, At about 11 a.m., when he reached north of the house of Usman Khan In Ajitganj Colony, he observed that the appellant had caught hold of a person (Gulam Rasool deceased) by h...


Apr 02 2003

Bhagwat Prasad Vs. Cit

Court: Allahabad

Decided on: Apr-02-2003

Reported in: [2003]130TAXMAN182(All)

ORDERM. Katju, J. This writ petition has been filed for quashing the impugned notice dated 29-10-2001 under section 144A of the Income Tax Act for proceeding under section 158BD, read with section 158BC, Annexure 10 to the write petition and the direction dated 12-12-2001 issued by the Additional Commissioner to the Dy. Commissioner Annexure 12 to the writ petition and for refund with interest of the seized amount. The petitioner has also prayed for a mandamus restraining the respondents from proceeding for Block assessment under section 158BC. 2. Heard learned counsel for the parties.It is alleged in paragraph 2 of the petition that the petitioner is assessed to income-tax for the last 20 years.3. The Voluntary Disclosure of Income Scheme, 1997 (VDIS) copy of which is Annexure 1 to the petition Provided in section 64 that any person can make a declaration under section 65 of any income chargeable to tax for any assessment year mentioned in section 64(1). In case the declarant was a pe...


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