Allahabad Court July 2003 Judgments
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Prakash Talkies Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-2003
Reported in: 2003(4)AWC3346
D.P. Singh, J.1. Heard Sri Mool Bihari Saxena, learned counsel for the petitioner and Shri Shyam Narain for the respondent.2. This writ petition is directed against an award of the labour court dated 30.4.1981, rendered in Adjudication Case No. 120 of 1980 by which the labour court has granted reinstatement with full back wages to the respondent No. 3 who was working as a Manager of a Cinema Theatre.3. The respondent No. 3, Raja Ram, was employed as a Manager for the petitioner Theatre. A raid was conducted by the officials of the Entertainment Tax Department on 3.2.1979. In the raid, certain anomalies were found and, therefore, the licence of the petitioner was suspended for three days. This led to serving of a charge-sheet on the employee which resulted in his termination dated 31.8.1979. Resultant was a reference under Section 4K of the U. P. Industrial Disputes Act. The labour court apart from other issues, also framed an issue with respect to whether the employee was a workman wit...
Mohan Lal Agarwal Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Jul-08-2003
Reported in: (2004)187CTR(All)43
B.S. Chauhan, J.1. This writ petition has been filed challenging the impugned order dt. 31st March, 2003, by which the learned revisional authority, i.e., CIT has disposed of the revision application filed by the petitioner-assessee, under Section 264 of the IT Act, 1961 (hereinafter referred to as the Act, 1961) being aggrieved by the demand contained in letter dt. 11th March, 2002.2. Heard S/Shri R.P. Agarwal and V.K. Agarwal, learned counsel appearing for the petitioner and Shri Shambhu Chopra, learned counsel appearing on behalf of the respondent.3. While arguing the revision application by the representative of the assessee, it has vehemently been submitted that demand letter dt. 11th March, 2002, had been issued by the assessing authority without any merit. In memo of revision, the said ground had been taken that it was specifically agitated by the assessee's representative. In the impugned order, the revisional authority, instead of dealing with it and deciding it on merit, has ...
Rapti Commission Agency Vs. State of Uttar Pradesh and ors. Overruled
Court: Allahabad
Decided on: Jul-08-2003
Reported in: [2004]134STC436(All)
M.Katju, J.1. In this bunch of writ petitions the petitioners have challenged the constitutional validity of Section 8-E of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') which has been inserted by Section 7 of the U.P. Act No. 11 of 2001. We are treating Writ Petition No. 865 of 2001 as the leading case. The petitioner in that petition has also challenged the notices, copies of which are annexures 2 and 11 of the writ petition issued under Section 8-E.2. The petitioner in Writ Petition No. 865 of 2001 is a sole proprietorship concern whose business is to get purchase orders from its ex-U.P. Principals, and to purchase goods in pursuance of such orders from agriculturist/farmers. The petitioner has entered into an agreement with M/s. Tian Yuan India (P) Limited, Raigarh, Maharashtra, for purchasing goods on their behalf. The petitioner purchases mentha oil for and on behalf of ex-U.P. principals and it dispatches the same to its ex-U.P. principals, namely, M/s. Tia...
Jawahar Lal Vs. Project Officer, Intensive Sheep and Wool Development ...
Court: Allahabad
Decided on: Jul-08-2003
Reported in: (2003)3UPLBEC2276
D.R. Chaudhary, J. 1. The petitioner has challenged the order dated 31.8.1990 cancelling his appointment as Class IV employee and has prayed for issuance of writ of certiorari quashing the same and to direct the Respondents not to interfere in the petitioner's right to continue on the post and to pay salary.2. It is contended that the petitioner, after having been selected by the Selection Committee, was appointed as Class IV employee vide appointment order dated 11.7.1990 (Annexure-I to the writ petition) passed by the Project Officer, Intensive Sheep and Wool Development Project, Mirzapur (the respondent) in the pay scale of 750/- to 940/- vide order dated 13.7.1990 the Appointing Authority required the petitioner to join and accordingly the petitioner joined as Class IV employee on 13.7.1990 (Annexure-2 to the writ petition); the appointment was made against the substantive vacancy after having followed the procedure laid down under the Rules; juniors to the petitioner have been ret...
Gyanendra Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-2003
Reported in: (2003)3UPLBEC1979
S.N. Srivastava, J.1. Present petition has its genesis in the order dated 23.10.2001 passed by the Uttar Pradesh Sahkari Ganna Samiti Sangh Limited, Lucknow whereby application of the petitioner for appointment under Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 wrecked on disapproval on the ground of it being time-barred under Recruitment of Dependents of Governments Servants Dying-in-Harness (Third Amendment) Rules, 1993.2. Thumbnail sketch of the necessary facts is that one Anang Pal Singh father of the petitioner who was serving as Seasonal Clerk in Sahkari Ganna Samiti Sangh Limited, Durala, District Meerut and had put in 19 years of service, breathed his last on 28.9.1981 and application for compassionate appointment was preferred on 30.3.2001 i.e., after an interregnum of more than 19 years. The explicatory plea of the petitioner is that at the time of death of his father, he was minor and having passed High School Examination in the year 1998, he...
Mohan Lal Agarwal Vs. Cit
Court: Allahabad
Decided on: Jul-08-2003
Reported in: [2004]134TAXMAN230(All)
ORDERDr. B.S. Chauhan, J.This writ petition has been filed challenging the impugned order dated 31-3-2003, by which the learned Revisional. Authority, i.e., Commissioner has disposed of the revision application filed by the petitioner-assessee, under section 264 of the Income Tax Act, 1961 (hereinafter referred to as the Act 1961) being aggrieved by the demand contained in letter dated 11-3-2002.2. Heard S/Shri R.P. Agarwal and V.K. Agarwal, learned counsel appearing for the petitioner and Shri Shambhu Chopra, learned counsel appearing on behalf of the respondents.3. While arguing the revision application by the representative of the assessee, it has vehemently been submitted that demand letter dated 11-3-2002 had been issued by the assessing authority without any merit. In memo of revision, the said ground had been taken that it was specifically agitated by the assessee representative. In the impugned order the revisional authority, instead of dealing with it and deciding it on merit,...
New India Assurance Co. Ltd. Vs. Subhash Kumar and Two ors.
Court: Allahabad
Decided on: Jul-08-2003
Reported in: III(2003)ACC388
S.P. Srivastava, J.1. Heard the learned Counsel for the insurer - appellant as well as the learned Counsel representing the claimant-respondent No. 1.Perused the record.The Insurer-appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 3,20,200/- (Rs. Three lacs twenty thousand and two hundred only) determined by the Motor Accident Claims Tribunal, as just compensation to which the injured claimant was found entitled to on account of his suffering grievous injuries resulting in 40% permanent disability, in an accident involving the offending motor vehicle - a bus bearing registration No. UP 78/8319.2. The learned Counsel for the appellant has stated that no effort had been made by the Insurer to obtain any permission as envisaged under Section 170 of the Motor Vehicles Act. It is, therefore, obvious that the scope of the appeal is limited, as the insurer in the absence of the requisite permission under Secti...
Devendrajeet Vadra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: 2003(4)AWC2900
ORDERM. Katju, J. 1. The petitioner has prayed for a mandamus directing the respondent No. 3. M/s. Motion Pictures Association, Mangal Market, Chandni Chowk, New Delhi to treat, the petitioner as one of its members as per Article of Association.2. In our opinion, this writ petition is not maintainable as the respondent No. 3 is a private body being a Company registered under the Indian Companies Act. 3. It is well-settled, that ordinarily, no writ lies against a private body except a writ of habeas corpus vide Dr. A.K. Gupta v. Rajghat Education Centre, 2003 (1) AWC 503 and General Manager, Modipon Fibre Co. v. Narendra Pal 2003 ALJ 980, etc. 4. In paragraph 5 of the petition, it is stated that as per the Constitution and Articles of Association of respondent No. 3 unless one is a member of the association one cannot be provided with any film for exhibition of films from any other member, who is engaged in distribution of films in U. P. and Delhi. 5. In our opinion, a private bodycan a...
Kailash Nath Gupta Vs. Enquiry Officer, Allahabad Bank and ors.
Court: Allahabad
Decided on: Jul-07-2003
Reported in: (2003)IIILLJ1005All; (2004)2UPLBEC1457
A.K. Yog and Umeshwar Pandey, JJ.1. Shri S.K. Kakkar, advocate informs that this writ petition was decided in the past by this Court, Respondents have taken away file from him and at present he has no instruction in the matter.2. The record shows that the matter went to the Supreme Court against the High Court judgment and order dated May 1, 1996. The Bank contested the matter in Supreme Court. It had a review petition wherein Apex Court passed order dated March 27, 2003, the relevant extract is reproduced:'...... The High Court is requested to dispose of the matter within six months from the date of receipt of this order ........'We do not appreciate the conduct of the Respondent Bank.3. It was incumbent upon the Respondent Bank to have instructed Sri R.K. Kakkar, advocate or engaged another counsel (if so advised) immediately on the rendering of the aforesaid judgment and order dated March 27, 2003, if they were serious to contest the matter. The Bank has done nothing of the kind. Su...
Smt. Neelu Kohli Vs. Naveen Kohli Overruled
Court: Allahabad
Decided on: Jul-07-2003
Reported in: AIR2004All1; II(2004)DMC223
S.P. Srivastava, J.1. Feeling aggrieved by the judgment and order of the Family Court decreeing the Suit of the husband filed under Section 13 of the Hindu Marriage Act and annulling the marriage solemnized between the parties to the suit on 20-11-1975 providing, however, that the decree of annulment of marriage will come into effect on the payment of a lump sum amount of Rs. 5 lacs to the wife towards maintenance allowance to her, the wife has now approached this Court by means of the present First Appeal seeking redress praying for the reversal of the impugned decree.2. We have heard the learned counsel for the wife -- appellant as well as the learned counsel representing the husband -- respondent and have carefully perused the record.3. The facts in brief shorn of details and necessary for the disposal of this appeal He in a narrow compass.4. The Suit giving rise to this appeal had been filed on 9-1-1997 claiming a decree of divorce and annulment of the marriage praying for 'Setting...
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