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Allahabad Court April 2003 Judgments

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Apr 18 2003

Anarsi Ram Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: 2003(3)AWC2464

Vineet Saran, J.1. Heard Sri Ratnesh Khare, learned counsel appearing for the petitioner and Sri C.K. Parekh, learned counsel appearing for the contesting respondent Nos. 2 and 3.2. By means of this writ petition the petitioner has challenged the order dated 20.4.1999 passed by respondent No. 2, the Mukhya Nagar Adhikari, Nagar Nigam, Varanasi, by which the representation of the petitioner has been rejected. A further prayer has been made for a direction to the respondents to pay salary and other benefits admissible to the post of a regular Driver with effect from the date the person junior to the petitioner has been promoted as Driver.3. It is the specific case of the petitioner that he was appointed as Driver on daily wages on 30.6.1980 and vide order dated 7.1.1989 the petitioner as well as other daily wage employees were regularised as Class IV employees on the post of Lamp Lighter/Peon. The petitioner was placed at serial No. 3 in the list of employees who were regularised by the ...


Apr 18 2003

Hari Prakash Singh Vs. Member Secretary, Cadre Authority Co-operative ...

Court: Allahabad

Decided on: Apr-18-2003

Reported in: (2004)ILLJ257All; (2003)2UPLBEC1168

M. Katju, J.1. This writ petition has been filed against the impugned order dated December 18, 2002 Annexure 10 to the writ petition.2. We have heard the learned counsel for the parties.3. The petitioner is senior Manager in Badaun Co-operative Bank Limited, Badaun. It is alleged in paragraph 3 of the writ petition that the petitioner along with two other officers i.e. Rameshwar Prasad and P. C. Misra by an order dated May 21, 1997 issued by the Deputy Registrar, Co-operative Societies, Bareilly Division were entrusted with the work of inspecting Bhojipura Branch of District Co-operative Bank, Bareilly and to furnish report by June 5, 1997. True copy of the order dated May 21, 1997 is Annexure 1 to the writ petition. In paragraph 4 of the writ petition it is alleged that the petitioner wrote to the concerned authority for fixing the programme for this purpose and even the Secretary/General Manager of District Co-operative Bank Limited directed Rameshwar Prasad to fix the programme vide...


Apr 18 2003

Sangam Lal Singh (In Jail) Vs. State of U.P.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: 2004CriLJ95

K.N. Ojha, J. 1. These appeals have been preferred against order of conviction and sentence dated 31-7-1980, passed by learned V. Addl. Sessions Judge, Allahabad, in S. T. No. 382 of 1978, State v. Sangam Lal Singh and Darlyeo Singh, through which Sangam Lal Singh has been convicted under Section 302 read with Section 109, I.P.C. and Dariyao Singh has been convicted under Section 302, I.P.C. and both of them have been sentenced to undergo life imprisonment.2. We have heard Sri D.R. Chaudhary, learned counsel for the appellants and Sri G.S. Bisariya, learned A.G.A. for the State and have gone through the record.3. According to prosecution one Raj Bahadur Singh resident of village Ganja, P. S. Pura Mufti, district Allahabad, lodged F.I.R. on 11-8-1978 at 7.30 p.m. against appellants, at police station Pure Mufti district Allahabad under Section 307, I.P.C. containing the fact that appellant Sangam Lal Singh had damaged the ridge of his field, hence, altercation of hot talk had taken plac...


Apr 18 2003

Goodage Rubber Works Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: [2004]137STC253(All)

Prakash Krishna, J.1. Challenging the validity of the notice dated August 27, 1991 issued by respondent No. 3 to modify the recognition certificate and the circular dated June 11, 1991 issued by the Commissioner of Sales Tax the present writ petition has been filed. The main question involved in the present writ petition is whether the Commissioner of Sales Tax having failed to establish his contention before the Trade Tax Tribunal that the product in question is not a 'rubber product', can subsequently issue the impugned circular directing the authorities concerned not to treat 'rubber roller' as 'rubber product' and modify the recognition certificate accordingly.2. The petitioner is manufacturer of rubber roller. According to the petitioner rubber roller have one iron rod which is coated with thick rubber shed. The iron rod on which rubber shed is coated is hollowed and the rubber rollers manufactured by the petitioner are mostly used in printing press. The rubber rollers required gr...


Apr 18 2003

Sushila Tyagi (Dr.) Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: (2003)3UPLBEC2100

B.S. Chauhan, J.1. This writ petition has been field for seeking direction to the State to implement the decision of the University Grants Commission (hereinafter called the U.G.C.) revising the age of superannuation for teachers from 60 to 62 years and for further direction to the respondents not to interfere with the working of the petitioner as Principal in the Degree College till she attains the age of 62 years.2. Facts and circumstances giving rise too this case are that petitioner had been appointed as a Lecturer in N.R.E.C. College, Khurja, Bulandshahr, affiliated with Agra University in 1974. Subsequently; she was appointed as the Principal in 1984. On 18.10.1994, petitioner joined Kunwar R.C. Mahila Maha Vidyalaya, Mainpuri as its Principal. The age of superannuation as per existing Rules is 60 years, However, in view of the provisions of the Statute 16.15 a teacher which includes the Principal also, shall remain in service till the end of the academic session, i.e., 30th June...


Apr 18 2003

Sharda Prasad Srivastava Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: (2003)3UPLBEC2106a

M. Katju J.1. This writ petition has been filed against the impugned judgment of the U.P. Public Services Tribunal dated 19.5.97, Annexure-I3 to the writ petition and the order dated 21.2.2002 rejecting the review application.2. Heard learned Counsel for the petition.3. The petitioner was initially appointed as Junior Clerk on 16.10.1962 in the service of the U.P. Government and thereafter on the selection post of Stenographer on 8.11.1971 and he was confirmed on these posts on 15.5.1971 and 1.8.1975 respectively.4. The Vidyut Nirikshkyalay Lipik Vargiva Sewa Niyamawali, 1973 was issued under Article 309 of the Constitution which superseded the earlier executive orders relating to the service condition of the clerical staff of the department. It is alleged that this Rule applies only to employee appointed on Or after 28.12.73 and not those appointed earlier since the Service Rules were not in existence prior to 28.12.73. It is alleged that the petitioner was appointed before the Servic...


Apr 18 2003

Jageshwar Prasad Tiwari Vs. Uttar Pradesh Roadways Transport Corporati ...

Court: Allahabad

Decided on: Apr-18-2003

Reported in: (2003)3UPLBEC2159

R.B. Misra, J.1. Heard Sri R.P. Tiwari learned Counsel for the petitioner, as well as Sri Raj Kumar and Sri Sandeep Mukherjee, learned Standing Counsel.2. In this petition the orders dated 30.6.1994, 14.9.1994 and 20.5.1995 namely dismissal order. Appellate Order and the Revisional Order have been challenged.3. It appears that on 11.12.1985 petitioner was conducting Bus No. URH-1662 on Karvi Rajapur Road. The aforesaid Bus Stop Signal was given by M/s. S.N. Agnihotri Traffic Superintendent, Alam Singh and P.S. TiwariTraffic Superintendent checking squad of Managing Director, U.P. State Road Transport Corporation, Lucknow but the Bus was not stopped. Inspecting Authorities followed the Bus by staff car and overtake Gosaipur. At the time of inspection 60 passengers were travelling in the Bus out of which 50 passengers were travelling without ticket. The petitioner was not present in the Bus so neither ticket could be issued to the without ticket passengers by the Inspecting Authority nor...


Apr 18 2003

Calcutta Silicate and Chemical Industries and anr. Vs. State of Uttar ...

Court: Allahabad

Decided on: Apr-18-2003

Reported in: [2004]138STC459(All)

M. Katju, J.1. This writ petition has been filed against the impugned order of the Divisional Level Committee, Meerut dated March 30, 1991 whereby the review application of the petitioner under section 4-A of the U.P. Sales Tax, 1948 (now known as U.P. Trade Tax Act) has been rejected.2. Heard learned counsel for the parties.3. Section 4-A provides for a tax holiday or exemption from payment of sales tax for new industries for a few years so as to encourage new industries being set up in the State.4. The petitioner is a partnership firm which established a new industrial unit for the manufacture of sodium silicate at its factory situate at Hapur Road, Meerut. The petitioner applied for registration with the Director of Industries as a small-scale industries and it was granted registration certificate dated August 6/7, 1984 by the Directorate of Industries, U.P., vide annexure 1 to the writ petition. The petitioner then applied for exemption under section 4-A vide annexure 2 to the writ...


Apr 18 2003

Anand Kumar Singh and ors. Vs. State of U.P. and anr.

Court: Allahabad

Decided on: Apr-18-2003

Reported in: II(2003)DMC70

M.C. Jain, J.1. Short counter-affidavit filed from the side of respondent No. 2 is taken on record.2. We have heard Mr. J.S. Sengar, learned Counsel for the petitioners, learned A.G.A, and Mr. Viresh Mishra, learned Senior Advocate on behalf of respondent No. 2. The petitioners have prayed for quashing of the F.I.R. dated 23.3.2003 (Annexure 6 to the writ petition), lodged against them by respondent No. 2 Under Sections 498A/323/506,1.P.C., P.S. Cantt, District Varanasi and/or to stay their arrest in the said case.3. Petitioner No. 1 is the husband of the complainant-respondent No. 2 and their marriage took place on 9.3.2002. The allegations in the F.I.R. are that respondent No. 2 had been married with petitioner No. 1 in consequence of a matrimonial advertisement given by petitioner No. 4 (who is the husband of the sister of petitioner No. 1 and who played a potent and leading role) in a newspaper 'Dainik Jagran' dated 9.12.2001 and her father had spent a sum of Rs. 14 lacs in the mar...


Apr 17 2003

Sir Shadi Lal Enterprises Ltd. Vs. Union of India (Uoi) and ors.

Court: Allahabad

Decided on: Apr-17-2003

Reported in: (2003)185CTR(All)626; [2003]262ITR166(All)

M. Katju, J.1. Heard learned counsel for the parties.2. This writ petition has been filed against the order dated March 22, 2002, passed by the Income-tax Officer, TDS, Muzaffarnagar, annexure 6, to the writ petition and the order dated May 7, 2002, annexure 12, to the writ petition passed by the Commissioner of Income-tax, Muzaffarnagar.3. The petitioner is a company and incorporated under the Companies Act. It has distilleries at Shamli, Muzaffarnagar and at Pilkhani, district Saharanpur under licences granted by the U. P. excise authorities for manufacturing of potable alcohol.4. In the excise year 2001-2002, the U.P. Excise Commissioner in exercise of powers under Section 41 of the U. P. Excise Act framed rules for opening of wholesale shops of country liquor known as the U. P. Excise (Settlement of Wholesale Shop of Country Liquor) Rules, 2001 vide annexure 2 to the petition. As regards retail licences, the U. P. Excise (Settlement of Licenses for Retail Sale of Country Liquor) Ru...


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