Allahabad Court July 2003 Judgments
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Sukhpal Singh Bal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-16-2003
Reported in: AIR2003All295; 2003(2)AWC1448
M. Katju, J. 1. This writ petition has been filed for a writ of certiorari quashing the order dated 5.3.2002 passed by the respondent No. 3 and for a mandamus directing the respondents to release the petitioner's tanker unconditionally. The petitioner has prayed that the U. P. Motor Vehicles Taxation (Amendment) Act. 2001 (U. P. Act No. 25 of 2001) be declared ultra vires Articles 14 and 19(1)(g) of the Constitution.2. Heard learned counsel for the parties.3. The petitioner is the owner of tanker bearing registration number MP-24C-0377. The vehicle is covered by a National permit granted by Regional Transport Authority, Durg. This permit has been granted for the States of Chattisgarh, Maharashtra, Uttar Pradesh and Andhra Pradesh. The tanker was carrying material from Bhillai Steel Plant to Sonepat and entered the State of U. P. on 26.2.2002. The tanker unloaded the goods and returned from Sonepat and crossed the border of U. P. at Masaura and was allegedly about 8 Kms. away inside the...
Smt. Amrita Dubey and ors. Vs. Civil Judge (S.D.) and anr.
Court: Allahabad
Decided on: Jul-16-2003
Reported in: AIR2004All103; 2003(4)AWC2840
Rakesh Tiwari, J.1. Heard the counsel for the petitioners and perused the record.2. This writ petition has been filed for quashing the impugned order dated 22.3.1998 passed by respondent No. 1 Civil Judge, Senior Division, Gorakhpur, to delete the name of respondent No. 2 and declare the petitioners as legal heirs of late Bipin Bihari Dubey in her place. It is also prayed that respondent No. 1 be directed to issue a fresh succession certificate in favour of petitioner No. 1 accordingly.3. The brief facts of the case are that petitioner No. 1 Smt. Amrita Dubey is the wife of late Bipin Bihari Dubey. Aditya Prakash Dubey and Shaurabh Chand Dubey are the sons of late Bipin Bihari Dubey. Sri Bipin Bihari Dubey died on 16.12.1996. After the death of her husband, petitioner No. 1 moved an application before the District Magistrate, Gorakhpur, for succession certificate on 6.1.1977. On the report of Tehsildar, Gola, Gorakhpur dated 3.1.1977, succession certificate was issued in her favour. In...
Ram Garib Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-16-2003
Reported in: (2003)3UPLBEC2819
Rakesh Tiwari, J.1. Heard the Counsel for the parties and perused the record.2. By means of this petition, the petitioner has challenged the order dated 3.7.1998 passed by Respondent No. 3, Annexure-6 to the writ petition.3. The brief facts of the case are that the petitioner was appointed as labourer on daily wage in the office of Respondent No. 2 and his services were regularized on 2.12.1981 as Class IV employee in the pay scale of Rs. 750/- 940/- and since then he has regularly worked in the department. He retired from service on 31.12.1996 on attaining the age of superannuation i.e., 60 years, as he had retired on 31.12.1996. The petitioner moved an application for payment of G.P.F., gratuity, pension and other retirement benefits, but the same has not been paid to him. A reminder was also sent on 24.4.1997 on which the order was passed by Respondent No. 3 for payment of retirement benefits within one month, but nothing was done. On another application of the petitioner dated 22.8...
Standard Chartered Grindlays Bank Vs. Presiding Officer, Central Gover ...
Court: Allahabad
Decided on: Jul-15-2003
Reported in: (2003)IIILLJ490All
R.K. Agrawal, J.1. By means of the present writ petition, the petitioner ANZ Grindlays Bank plc, now Standard Chartered Grindlays Bank, seeks a writ, order or direction in the nature of certiorari quashing the order dated March 7, 1997 and the award dated August 28, 1997 passed by the Central Government Industrial Tribunal, Kanpur, the respondent No. 1, in Industrial Dispute No. 81 of 1992.2. By means of the order dated March 7, 1997, the Tribunal had decided the preliminary issue as to whether the domestic enquiry conducted by the management was not fair and proper in favour of the workman, the respondent No. 2, by holding that the enquiry officer was not properly appointed and further the domestic enquiry was not conducted in a fair and reasonable manner as the workman was not afforded full opportunity to defend himself. The Tribunal vide its award dated August 28, 1997 had held that the dismissal of the workman based on the charge sheet dated January 27, 1988 is bad in law and he is...
Sanjay Awasthi (Minor) Vs. U.P. State Road Transport Corporation and o ...
Court: Allahabad
Decided on: Jul-15-2003
Reported in: 2005ACJ522; 2003(4)AWC2829
Mukteshwar Prasad, J.1. First Appeal From Order No. 517 of 1981 filed by Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation) is directed against the judgment and order dated 25.4.1981, passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur, whereby he allowed the claim petition of respondent No. 1 and awarded Rs. 32,680 in all as compensation along with interest at the rate of 6% per annum from the date of filing of the claim petition.2. First Appeal From Order No. 568 of 1981 was filed on behalf of Sanjay Awasthi, claimant against the judgment and order dated 25.4.1981, passed by Sri D.K. Trivedi the then Additional District Judge/Claims Tribunal, Kanpur, whereby his application for compensation was partly allowed and the Corporation was directed to pay Rs. 32,680 as compensation along with interest.3. Since both these appeals have arisen out of one judgment and order dated 25.4.1981, as such, both the appeals wer...
Hina Siksha Niketan Shri Syed Asghar HussaIn Uchchtar Madhyamic Vidyal ...
Court: Allahabad
Decided on: Jul-15-2003
Reported in: (2003)3UPLBEC1990
Ashok Bhushan, J.1. Heard Counsel for the petitioner and the learned Standing Counsel.2. By this writ petition, the petitioner has prayed for quashing of the orders dated 12.6.2003 and 24.6.2003 passed by Additional Commissioner, Allahabad Division, Allahabad and the order passed by Additional District Magistrate (Finance and Revenue). The petitioner claims to be Educational Institution who claims allotment of plot No. 1011-Kha. An application was filed for cancellation of the lease under Section 198(4) which was allowed by Additional Collector. It was held by Additional Collector that institution do not come in any of the categories as mentioned under Section 198(1) of the U.P. Zamindari Abolition and Land Reforms Act to whom lease can be granted.3. The Counsel for the petitioner contended that Section 198(1) only enumerate the preference and there is no prohibition regarding allotment in favour of Educational Institutions. The Counsel for the petitioner next contended that Patta was ...
Cit Vs. Vijay Kumar (Huf)
Court: Allahabad
Decided on: Jul-15-2003
Reported in: [2004]136TAXMAN326(All)
ORDERThis is a reference under section 256(2) of the Income Tax Act, 1961. The learned Tribunal referred the following questions :'1. Whether on the facts and in the circumstances of the case the Tribunal was legally correct in confirming the Appellate Assistant Commissioners orders who worked out the value of shares on the basis of break-up value method in the case of M/s. Carew and Company and Upper Ganges Sugar Company where the shares are quoted ones leaving aside the correct value as worked out by the approved valuer under section 55A on the request of the assessee ?2. Whether on the facts and in the circumstances of the case the Tribunal was legally justified in holding that provisions of section 52(2) are not applicable in this case ?'2. Heard Sri Shambhu Chopra, learned Standing counsel for the revenue. None is present for the assessee.3. The case is fully covered by the judgment of the Honble Supreme Court in Bharat Hari Singhania v. CWT : [1994]207ITR1(SC) , wherein the same ...
U.P. State Road Transport Corporation Vs. Sanjay Awasthi and ors.
Court: Allahabad
Decided on: Jul-15-2003
Reported in: III(2003)ACC643
Mukteshwar Prasad, J.1. First Appeal From Order No. 517 of 1981 filed by Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation) is directed against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur, whereby he allowed the claim petition of respondent No. 1 and awarded Rs. 32,680/- in all as compensation along with interest at the rate of 6% per annum from the date of filing of the claim petition.2. First Appeal From Order No. 568 of 1981 was filed on behalf of Sanjay Awasthi, claimant against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur whereby his application for compensation was partly allowed and the Corporation was directed to pay Rs. 32,680/- as compensation along with interest.Since both these appeals have arisen out of one judgment and order dated 25.4.1981, as such, both the appeals were...
Ashish Kumar Chaurasia Vs. Cegat and Cc and Ce
Court: Allahabad
Decided on: Jul-14-2003
Reported in: 2003(89)ECC426; 2003LC537(Allahabad); 2003(158)ELT151(All)
Prakash Krishna, J.1. By this writ petition under Article 226 of the Constitution of India the petitioner has sought a writ order or direction in the nature of Certiorari quashing the impugned order dated 14th July, 2000/21st July, 2000 (Annexure No. 6) passed by the respondent No. 1 in appeal No. 376/99 and has also prayed a writ of Mandamus commanding the respondent No. 1 to hear and decide the appeal of the petitioner on merit who is insisting to deposit the amount as directed in the impugned order.2. According to the petitioner he let out the property situate at Pony Road, Brahma Nagar, Jhandewala Chauraha, Shuklaganj, Unnao to one Shri Ram Avtar Singh on rent who was carrying some illegal activities from the premises in question. A team of the Custom Officials on 18.12.1992 seized certain silver from the possession of Shri R.A. Singhal in a Maruti Van and Gypsy. Notice under the provisions of Customs Act was issued to the petitioner and other persons. The Commissioner (Central Exc...
Union of India (Uoi) and ors. Vs. Presiding Officer, Central Governmen ...
Court: Allahabad
Decided on: Jul-14-2003
Reported in: 2003(4)AWC2842
Anjani Kumar, J.1. The petitioner-employer aggrieved by the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur Nagar, passed in L.C.A. No. 292 of 1996 filed by the respondent No. 2 workman under Section 33C(2) of the Industrial Disputes Act, which has been allowed by the respondent No. 1 vide its order dated 12th January, 1998 (Annexure-12 to the writ petition) in favour of workman, has approached this Court by means of this writ petition under Article 226 of the Constitution of India.2. Heard learned counsel for the parties.3. The facts leading to the filing of the present writ petition are that the respondent No. 2 workman filed an application purporting to be an application under Section 33C(2) of the Industrial Disputes Act, 1947 (Central) for computation of Rs. 42,450 as arrears of wages, which, according to the applicant, namely, workman concerned, had not been paid being the wages for the period in dispute. It is not disputed that the workman claimed wa...
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