Allahabad Court May 2003 Judgments
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Swami Nath Tewari No. 2851811, Havildar (Now Naik Clerk) Vs. Union of ...
Court: Allahabad
Decided on: May-02-2003
Reported in: (2003)3UPLBEC2546
R.K. Agrawal, J.1. The present special appeal has been filed against the judgment and order dated 11.8.1993 passed by the learned Single Judge in Civil Misc. Writ Petition No. 2584 of 1984, connected with Civil Misc. Writ Petition No. 12932 of 1984, whereby the learned Single Judge had dismissed both the writ petitions and had upheld the order dated 20.6.1984 dismissing the appellant from service. 2. Briefly stated the facts giving rise to the present appeal are as follows :According to the appellant he joined the Indian Army on 29.9.1962 as a recruit Clerk. He was promoted to Naik and subsequently, to the substantive rank of Havildar Clerk on 22.6.1971. He qualified for promotion to the rank of Naik Subedarw.e.f., 19.8.1976 and was actually due for promotion on the said post w.e.f., 13.12.1979. In January, 1976, he was posted as Motor Transport Clerk in Gorakhpur Recruiting Depot, Konark Ghat, Gorakhpur. The depot used to supply Petrol Oil Lubrication to Garrison Engineer (Air Force),...
Committee of Management, Nanak Chand Adarsh Inter College and anr. Vs. ...
Court: Allahabad
Decided on: May-02-2003
Reported in: (2003)2UPLBEC1398
Tarun Chatterjee, C.J. 1. This Special Appeal is directed against the judgment and order dated 30.7.1999, passed by a learned Judge of this Court in Civil Misc. Writ Petition No. 33807 of 1994. 2. Briefly stated, the facts of this special appeal are that Nanak Chand Adarsh Inter College, Chandausi, Moradabad (hereinafter referred to as 'the institution') is a recognized institution, where education is imparted up to the level of Intermediate. The institution receives grant-in-aid from the State Government. Thus, the provisions of U.P. Intermediate Education Act, 1921, U.P. Secondary Education (Services and Selection Board) Act, 1982 and U.P. High Schools Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, would be applicable to this institution. On attaining the age of superannuation by the Principal of this institution, a substantive vacancy in the post of Principal arose which was duly intimated to the U.P. Secondary Education Services Commission (h...
Panchi Petha Store Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: May-02-2003
Reported in: [2006]143STC325(All)
Prakash Krishna, J.1. The sole question involved in the present case is whether the Deputy Commissioner in exercise of powers under Section 10-B of the U.P. Sales Tax Act, 1948 can revise the assessment order on the materials, which came into existence subsequent to that of passing of the assessment order. This revision is directed against the order dated February 20, 1991 passed by the Trade Tax Tribunal Bench-II, Agra, in Second Appeal No. 426 of 1988 (assessment year 1980-81 part-I). The applicant is a registered dealer under the provisions of the U.P. Sales Tax Act and was carrying on the business of manufacture and sale of petha and namkeen. The Sales Tax Officer passed assessment order on June 2, 1984 in respect to the assessment year 1980-81 (II-Part). It appears that subsequently the said assessment order was sought to be revised by the Deputy Commissioner (Executive), Sales Tax under Section 10-B of the Act, on the basis of the fact that there was income-tax search and seizure...
Radhey Shyam Vs. District Judge and ors.
Court: Allahabad
Decided on: May-01-2003
Reported in: 2003(4)AWC2670
Anjani Kumar, J.1. This writ petition was heard by this Court and after hearing learned counsel for the parties, it was dismissed on 1st May, 2003, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid petition.2. Petitioner Radhey Shyam, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 26th October, 1983, passed by the Prescribed Authority under the provision of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (U. P. Act No. 1 of 1961), which shall hereinafter be referred to as the 'Act', copy of which is annexed as Annexure-2, to the writ petition and the order dated 6th September, 1985, passed by the appellate authority, the copy whereof in annexed as Annexure-3 to the writ petition.3. The facts leading to the filing of present writ petition are that the petitioner had filed an application dated 17th March, 1983, copy whereof is annexed as Annexure-1 to the writ petitio...
Raman Lal (D.) Through L.Rs. Vs. Smt. Champi (D.) Through L.Rs. and or ...
Court: Allahabad
Decided on: May-01-2003
Reported in: AIR2004All27; 2003(4)AWC2638
B. K. Rathi, J.1. The dispute in this case between the parties is regarding two shops situated in Barhasalni Hukam Ganj-Fillap Ganj Kacheri Ghat, Agra. Raman Lal, plaintiff who has since died filed the Suit No. 424 of 1965 against Pooran Chand defendant (since deceased) for eviction and recovery of rent and damages. In brief his case is that Thakur Visheshwar Singh and Kunwar Pratap Singh were owners of the shops and defendant was tenant at the rate of rent of Rs. 8 per month. That the plaintiff purchased the shops from the owners Thakur Visheshwar Singh and Kunwar Pratap Singh by registered sale deed dated 15.7.1964 and became owner and landlord. That inspite of the service of the notice dated 3.9.1964 the shops were not vacated nor the rent has been paid hence and suit was filed. After the written statement was filed denying the title of the plaintiff, the relief of recovery of possession was claimed on the basis of the title also.2. The deceased defendant Poofan Chand contested the ...
Bharat Tibbiya College Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-01-2003
Reported in: 2003(4)AWC2887; (2003)3UPLBEC2358
Anjani Kumar, J.1. This writ petition was heard and dismissed by me vide order dated 1st May, 2003, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.2. The petitioner, Bharat Tibbiya College, Saharanpur through its Principal filed this writ petition for the following reliefs :(i) issue a writ, order or direction in nature of mandamus commanding the respondents particularly to the respondent No. 1 to fix the norm for admission for diploma course namely (D.U.M.) and to issue permission for the same in compliance of the order dated 26.9.2001, issued by the State Government.(ii) Issue a writ, order or direction in nature of mandamus commanding the respondents to permit the petitioner to admit the students in the institution till the fixation of norms by the respondents as the admissions were made earlier.(iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and cir...
Jaggu Vs. Commissioner, Consolidation and anr.
Court: Allahabad
Decided on: May-01-2003
Reported in: (2003)3UPLBEC2279
R.B. Misra, J. 1. Heard Sri S.K. Misra, learned Counsel for the petitioner and Sri S.S. Sharma, learned Standing Counsel on behalf of the respondents.2. In this petition the order dated 9.5.1996 (Annexure-16 to the writ petition) passed by the Settlement Officer, Consolidation, Sitapur has been challenged, whereby the petitioner's date of birth has been treated as 19.10.1930 and has issued a direction to deduct the amount which the petitioner had received for four years claiming his date of birth to be 19.10.1934. By this order dated 9.5.1996 it has also been indicated that amount of Rs. 92,360.45 p. received by the petitioner during the above period may also be adjusted from the pension to be allocated to the petitioner.3. It appears that the petitioner was appointed as Class-IV employee in April, 1957 in Consolidation Department at Fatehpur. In the service book his date of birth was entered as 19.10.1934 and by treating this date of birth the petitioner was to retire on 19.10.1994. I...
U.P. State Electricity Board Vs. Udai Narayan Lal Srivastava and ors.
Court: Allahabad
Decided on: May-01-2003
Reported in: (2003)3UPLBEC2517
Anjani Kumar, J.1. Heard Sri Arvind Kumar, learned Counsel appearing on behalf of the petitioner and Sri B.K. Srivastava, who has put in appearance on behalf of respondents 1 as well as learned Standing Counsel for the respondents 2 to 4. 2. The petitioner, by means of present writ petition under Article 226 of the Constitution of India, has challenged the orders impugned in the present writ petition dated 27th June, 1997 and 6th March, 1998 passed by Deputy Labour Commissioner, Mirzapur Region, Pipri, Sonebhadra in R.D. Case No. 1 of 1997, copies whereof have been annexed as Annexures-7' and '11' to the writ petition. 3. The facts leading to the filing of the present writ petition are that between the parties, an industrial dispute was referred to the Labour Court concerned and the Labour Court vide its award dated 19th September, 1989, passed in Adjudication Case No. 153 of 1988 have held that the concerned workman Udai Narayan Lal Srivastava, Clerk whose services were illegally and ...
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