Allahabad Court April 2003 Judgments
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Sant Kumar Upadhyay Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-24-2003
Reported in: (2003)2UPLBEC1496
R.B. Mishra, J.1. Heard Sri Shailendra, learned Counsel for the petitioner and Sri S.S. Sharma, learned Standing Counsel for the State.In this writ petition the prayer has been made to quash the order dated 21.5.1998 and again order dated 28.11.1998 and the Enquiry Report enclosed as (Annexures No. 9, 11 and 6) respectively. It appears that the petitioner was initially appointed as Constable in Provincial Arms Constabulary in 15 Batallian P.A.C., Agra on 1.1.1986. The petitioner was alleged to have stolen identity card, driving licence and diary of one drawer Amar Singh. Within one day inquiry was completed and petitioner was dismissed from service. The petitioner preferred an appeal against the dismissal order which was allowed by D.I.G., P.A.C., Agra dated 30.6.1996 (Annexure-1). Fresh charge-sheet was issued on 27.12.1996 against the petitioner in reference to incident of 22.1.1996 and in reference to the allegations prior to 22.1.1996 in which enquiry was already been pending and o...
Yadavendra Pal Singh Vs. Assistant Controller of Estate Duty and anr.
Court: Allahabad
Decided on: Apr-23-2003
Reported in: [2003]263ITR60(All)
1. The petitioner in this writ petition seeks a mandamus commanding the respondents to pay interest to the petitioner on Rs. 13,78,111 at the rate of eight per cent. from January 1, 1986, up to February 8, 1999, and at the rate of 12 per cent. thereafter up to April 13, 2000, which is the date of the refund order.2. The version of the petitioner is that the assessment order was passed under Section 58(3) of the Estate Duty Act, 1953, by order dated October 23, 1984. The assessment order was amended under Section 61 of the Act vide order dated December 11, 1985, by the Assistant Controller of the Estate Duty. A notice of demand was issued for a sum of Rs. 13,78,111 by the Assistant Controller of the Estate Duty. The petitioner is alleged to have deposited the said amount. Thereafter, the petitioner preferred an appeal and the appeal was allowed and the order of the Assistant Controller of the Estate Duty was set aside. The Department preferred an appeal against the said order. An applic...
Umesh Chandra Pathak Vs. Chief Manager, Sbi, Bareilly Zone and ors.
Court: Allahabad
Decided on: Apr-23-2003
Reported in: [2003(97)FLR1047]; (2003)IIILLJ84All; (2003)2UPLBEC1824
Vineet Saran, J. 1. Heard learned counsel for the petitioner and Sri Navin Sinha assisted by Sri Vipin Sinha for the respondents. Counter and rejoinder-affidavits have been exchanged and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage. 2. The petitioner, who has worked as a Messenger with the respondent Bank for 58 days during the period from May 1, 1989 to February 28, 1990 has filed this writ petition with a prayer for a direction to respondents to treat the petitioner as permanent employee in service. The petitioner has also challenged the order dated March 26, 1997 whereby the claim of the petitioner for regularisation in service has been rejected by respondent No. 1, the Chief Manager, State Bank of India, Zonal Office, Bareilly. 3. Although it is not disputed by the respondent Bank that the petitioner had worked for 58 days during the period the petitioner is claiming to have worked but it has been categorica...
Shri Shankar Transport Co. Vs. Managing Director, U.P. Rajya Bhandaran ...
Court: Allahabad
Decided on: Apr-23-2003
Reported in: 2003(3)AWC2287
ORDERM. Katju and R.S. Tripathi, JJ.1. The petitioner has prayed for quashing of the tender notice for grant of contract by the respondent U.P. Rajya Bhandaran Nigam of transport and handling work.2. Admittedly, the petitioner had a contract only till 28.1.2003 when the period of the contract expired. Learned counsel for the petitioner states that the petitioner's contract has been extended till 28.1.2004.3. We are of the opinion that once the period of a time-bound contract granted by a public authority has expired, there cannot be any extension of the period of the contract, but instead there must be a fresh public auction/public tender after advertisement in well-known newspaper having wide circulation in the area, otherwise there will be violation of Article 14 of the Constitution of India. Such a procedure ensures fairness, equality and transparency as held in R.D. Shetty v. International Airport Authority of India and Ors. : (1979)IILLJ217SC . If extension of time-bound contract ...
Ravindra Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-23-2003
Reported in: 2003(3)AWC2387
Yatindra Singh, J.1. Should there be promotional reservation on non-selection posts (the posts to be filled on the basis of seniority subject to rejection of unfit)? Can there be reservation in a cadre consisting of three posts? These are some of the questions involved in this writ petition.FACTS2. U. P. Fire (Gazetted Officer) Service (the Service) is a State service comprising of Group 'A' and 'B' posts. It is governed by U. P. Fire (Gazetted Officers) Service Rules, 1984 (the Rules). Rule 4, Part II provides cadre and Rule 4, Part III provides for recruitment. Under Rule 4, Part III (iii), there are posts of Deputy Director (Technical) and Commandant Fire Service Training Centre. These posts are to be filled by promotion from permanent Chief Fire Officers. Rule 17 provides procedure for promotion to the post of Deputy Director Technical and Commandant Training Centre. It is non-selection post and the promotion is to be made through a selection committee on the basis of seniority sub...
Mst. Karimunnisa (D.) Through L.Rs. and ors. Vs. Abdul Alim
Court: Allahabad
Decided on: Apr-23-2003
Reported in: 2003(4)AWC2655
V. N. Singh, J.1. Appeal has been filed against the judgment and decree dated 7.8.1976, passed by Sri Kishen Lal, the then VII Addl. District Judge, Allahabad in Civil Appeal No. 505 of 1973, Abdul Alim v. Mst. Karimunnisa and Ors., arising out of original suit No. 773 of 1970 decided by Sri Achal Bihari Srivastava, the then IV Temporary Civil and Sessions Judge, Allahabad on 11.9.1973.2. Brief facts of the case is that Original Suit No. 773 of 1970 (Munsif West) Allahabad, was 'filed by Abdul Alim for ejectment of the defendant from the upper portion of the house in suit and for closure of the door in the southern wall of the house and recovery of Rs. 200 as damages.The case of the plaintiff is that old house No. 193 (new No. 274/193) Pura Manohar Das, Akbarpur, Allahabad, belonged to Sheikh Mahngoo.On the death of Sheikh Mahngoo a family partition took place on 24.3.1949 between the heirs of Sheikh Mahngoo.The house in dispute was given to his wife Smt. Azimunnisa Bibi and daughter S...
Sandeep Kumar Singh Vs. District Registrar
Court: Allahabad
Decided on: Apr-23-2003
Reported in: (2003)3UPLBEC2097
Anjani Kumar, J1. The petitioner who was appointed on Ad-hoc basis as Registration Clerk in the office of Sub-Registrar, Mirzapur on 6th December, 1989 has challenged the order impugned in the present writ petition dated 18th March, 1991 whereby the Additional District Magistrate (Finance and Revenue) informed the petitioner that the appointment of all the Ad-hoc Registration Clerks were directed to be terminated by Inspector General (Registration),U.P., Allahabad vide its order dated 20th February, 1991. It was, therefore, directed that the petitioner's services' shall be terminated with immediate effect. It is this order which was challenged by the petitioner before this Court. At the time when the writ petition was presented, this Court was pleased to pass the following order dated 20th March, 1991 :'Learned Standing Counsel prays for and is granted a month's time to file a counter affidavit. The petitioner will have two weeks thereafter to file a rejoinder affidavit. List the petit...
Commissioner of Income-tax Vs. Opal Construction
Court: Allahabad
Decided on: Apr-22-2003
Reported in: [2003]262ITR674(All)
1. The following questions have been referred to this court for decision :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the structural steel and tubular structure fall within the definition of 'plant and machinery' ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to depreciation at 30 per cent, on the structural steel and tubular structure ?'The assessee has been held to be manufacturer. The Tribunal has recorded the following finding :'We have considered the facts and the rival submissions. The facts mentioned above speak for themselves. The assessee manufactures a highly technical product. Its raw material is cement and iron. The product is manufactured with the aid of plant and machinery, labour and capital. The product is utilised in the manufacture of dams, etc., for controlling and for diverting flow of water. Considering the na...
Smt. Mahendri Chhabra and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003(3)AWC2556; (2003)2UPLBEC1361
R.K. Agrawal, J.1. By means of the present writ petition, the petitioners seek quashing of the notification Nos. 4266-Nau-9/2001-76 (1), 2001 dated 12.11.2001 and 4349-Nau-9/2001-76 (1)/2001, dated 12.11.2001, as also a writ of mandamus directing the respondents not to interfere with the functioning of the petitioners as members of the Nagar Palika Parishad, Atrauli, district Aligarh.2. Briefly stated the facts giving rise to the present petition are as follows :'All the five petitioners claim to have been nominated as members of Nagar Palika Parishad, Atrauli, district Aligarh by the State Government vide Notification Nos. 2567-Nau-9-2001-76 (1)/2001, dated 30.4.2001. They took oath as members of the Nagar Palika Parishad, Atrauli, Aligarh (hereinafter referred to as the 'Nagar Palika Parishad') on 6.11.2001. However, on 12.11.2001, the State Government issued another notification being Notification No. 4266/Nav-9/2001/76/2001, wherein five new persons, who are respondent Nos. 4 to 8 ...
Dr. Subhash Chandra Agarwal Vs. Vice Chancellor, Chhatrapati Shahuji M ...
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003(3)AWC2375
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 16.2.2003 (Annexure-1), passed by the respondent No. 1, by which the representation of the petitioner has been rejected.2. Facts and circumstances of the case giving rise to this case are that the petitioner and the respondent No. 2 have been working in the respondent University and the selection of the respondent No. 2 has been in dispute. However, the matter is still pending for consideration before the Lucknow Bench of this Court wherein operation of the order passed by the respondent No. 1 University has also been stayed. The respondent No. 1 issued a tentative seniority list on 20th June, 1998, wherein, the respondent No. 2 has been shown senior to the petitioner. Petitioner being aggrieved made representation to correct the seniority list contending that he was senior to the respondent No. 2. As it was not done, he filed Writ Petition No. 50567 of 2002 before this Court which was disposed of vide or...
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