Allahabad Court August 2003 Judgments
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Shree Nath Misra Vs. the State Bank of India and ors.
Court: Allahabad
Decided on: Aug-11-2003
Reported in: (2003)3UPLBEC2785
R.B. Misra, J.1. Heard Sri K.N. Mishra, learned Counsel for the petitioner and Sri Yashwant Varma, learned Counsel for the respondents.2. In this petition the prayer has been made to quash the order of removal dated 8.8.1990 (Annexure-2 to the writ petition) and order dated 15.10.1993/30.11.1993 (Anncrxure-1 to the writ petition) whereby the appeal of the petitioner has been rejected. Further prayer has been made for commanding the respondents to reinstate the petitioner in service with retrospective affect along with full baekwages.3. The facts necessary for adjudication of the case arc that the petitioner joined the services of the Bank as a Clerk in the year 1962. He has been promoted to Officer Gradc-II (Now J.M. G.S.I.) in the year 1970 and has been posted as Branch Manager, Mirza Murad Branch in the year 1980. He has been transferred from Mirza Murad Branch to D.L.W. Branch on 24.5.1984 and handed over the charge on 30.5.1984.4. According to the petitioner vide order dated 8/10.1...
State of Uttar Pradesh and anr. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-08-2003
Reported in: [2003]264ITR239(All)
1. This writ petition has been filed for revision of the interest amount and also challenging the order under Section 201(1A) of the Income-tax Act, 1961 (hereinafter called the Act, 1961). 2. The questions involved herein are as to whether under the said provision where the tax has been deducted at source (TDS), but it is deposited at a belated stage, the interest payable is simple or compound And further question arises as to whether in the facts and circumstances of the case, interest could be charged at all 3. Shri Bharat Ji Agrawal, the learned senior advocate with Shri N. Mahajan, advocate, appearing for respondents, has raised the preliminary objection regarding the maintainability of the writ petition, contending that as the revision against the said order is maintainable under Section 264 of the Act, 1961, the writ petition cannot be entertained. To fortify his submission, reliance has been placed upon Sheela Devi v. Jaspal Singh [1999] 1 SCC 209, wherein it has been held that...
Shiva Ji Singh and ors. Vs. High Court of Judicature at Allahabad Thro ...
Court: Allahabad
Decided on: Aug-08-2003
Reported in: 2003(4)AWC3259
Sunil Ambwani, J.1. Heard Sri Shashi Nandan assisted by Sri L.R. Khan for petitioners in both the above writ petitions and Sri Sudhir Agarwal for respondents. I have also heard Sri A.P. Sahi appearing for Sri Ashok Kumar Singh (newly impleaded respondent No. 3) in Writ Petition No. 52753 of 2002.2. Petitioners, in both the writ petitions, are working as ad hoc Class III employees, in the Judgeship of the newly created district of Chandauli. They have prayed for writ of certiorari for quashing order dated 31.10.2002 passed by District Judge, Chandauli terminating their ad hoc services with effect from 1.11.2002, and for a direction in the nature of mandamus to the respondents to regularise their services on the post of clerks and stenographers and to allow them to continue and to make payment of salary month to month. In Writ Petition No. 26618 of 2002 petitioner Rajesh Kumar Srivastava has also challenged an order of District Judge dated 18.5.2002 by which his representation for regula...
Chilhuwan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-08-2003
Reported in: 2003(4)AWC3245
ORDERM. Katju, J.1. Heard learned counsel for the parties.2. The petitioner has challenged the impugned order dated 12.5.2003 Annexure-2 to the writ petition by which fishery lease has been granted to respondent No. 6.3. It has been held in several Division Bench decisions of this Court that fishery lease can only be granted by public auction/public tender after advertising the same in well-known newspapers having wide circulation in which all persons can bid vide Ram Bharosey Lal v. State of U.P., 20O2 (4) AWC 3097 : 2002 (93) RD 659 ; Diwaker Rai v. S.D.O., 2003 (95) RD 84 ; Panchoo v. Collector, 1995 (90) RD 186, etc. In these decisions it was held that fishery lease can only be granted by a public auction/public tender after advertising it in well-known newspapers having wide circulation otherwise there will-violation of Article 14 of the Constitution. In these decisions it has also been held that the grant of fishery lease cannot be confined to societies or members of any particul...
Sachchidanand Sahkari Awas Samiti Ltd. Vs. Greater Noida Industrial De ...
Court: Allahabad
Decided on: Aug-08-2003
Reported in: 2003(4)AWC3246
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioner is a registered housing co-operative society registered under the U.P. Cooperative Societies Act, 1965 having 275 members. Between 27.11.1990 to 17.12.1991 the petitioner society purchased land in village Suthiana, Jalpura in pargana and tehsil Dadri, district Ghaziabad (now Gautam Budh Nagar) for residential purposes of its members from the residents of the said area, and thereafter the land purchased by the society was mutated in its name.3. On 28.1.1991 the State Government under Section 2 (d) read with Section 3 of the U.P. Industrial Area Development Act, 1976, has notified the area mentioned in the Schedule to the Act as Greater Noida. True copy of the notification is Annexure-1 to the petition. Since the land purchased by the petitioner was in the Greater NOIDA area, the petitioner submitted a layout plan for approval of necessary permission to Greater NOIDA vide its letter dated 27.8.1991 but the said letter...
Shiv Shanker Prasad Dwivedi Vs. Deputy Director of Education, Iv Regio ...
Court: Allahabad
Decided on: Aug-08-2003
Reported in: 2003(4)AWC3356; (2003)3UPLBEC2415
Sunil Ambwani, J. 1. Heard Sri R. N. Singh, senior advocate, assisted by Sri G. K. Singh for petitioner, and Sri V. K. Singh for committee of management, Sri Shiv Pratap Singh, Inter College, Pawai Kalan, district Muzaffarnagar, respondent No. 3 in the writ petition as well as learned standing counsel. 2. Brief facts giving rise to this writ petition are as follows : Petitioner was initially appointed as J.T.C. grade teacher on 21.7.1964 and thereafter as C.T. grade teacher in I9G9. He was appointed in L.T. grade with effect from 1.9.1975 and thereafter confirmed with effect from 31.8.1974. His appointment as L.T. grade teacher was made as direct recruitment after advertisement and through a selection committee. It was approved by District Inspector of Schools, Mirzapur on 28.8.1973.3. Petitioner was suspended on 1.4.1980. The charge-sheet dated 5.4.1980, charged petitioner with appearing in the examination of Acharya in 1971 as institutional student of Adarsh Sri Shiv Prasad Sanskrit ...
Ahmad Ali Khan Vs. Tax Recovery Officer
Court: Allahabad
Decided on: Aug-08-2003
Reported in: [2004]136TAXMAN324(All)
This writ petition has been filed challenging the notice dated 17-7-2003 by which the recovery is being made against the petitioner in respect of the assessment order under the Income Tax Act, 1961.2. The assessment order was challenged in the appeal and as the Commissioner (Appeals) rejected the appeal, petitioner has approached the Income Tax Appellate Tribunal in August, 2002.3. Petitioner submits that along with the memo of appeal he has also filed an application interim relief which has not yet been decided and in the meanwhile demand notice for recovery has been issued on 17-7-2003.4. The learned Standing counsel for the department has raised preliminary objection that his appeal is pending before the Tribunal and he submits that the application for interim relief has not been disposed of.5. This court should not grant any indulgence, rather petitioner should be asked to approach the Honble Tribunal for disposal of his application for interim relief.6. In view of the statement ma...
United India Insurance Co. Ltd. Vs. Astarul Nissa and ors.
Court: Allahabad
Decided on: Aug-08-2003
Reported in: I(2004)ACC463; III(2004)ACC828; 2005ACJ982
Rajes Kumar, J.1. The present appeal has been filed by United India Insurance Co. Ltd., the insurer of tractor-trolley No. UP 54-0055 against the judgment and award dated 28.10.1995 passed by the 1st Additional District Judge/Motor Accidents Claims Tribunal, Mau by which a sum of Rs. 1,35,000 was awarded towards compensation, out of which the appellant has been held liable for 50 per cent.2. The brief facts of the case which has been finally concluded by the Tribunal after the statement of the witnesses and the other evidence which have not been disputed now by the appellant are that on 27.7.1990 at about 2.45 p.m. bus No. UTH 9443 coming from Varanasi was driven rashly and dashed with tractor-trolley No. UP 54-0055 which was standing on the patri adjacent to the road near police lines. As a result of which, the trolley overturned and fell on Munir Ahmad causing his death. At that time, Munir Ahmad was 43 years, 7 months old. The Claims Tribunal awarded compensation of Rs. 1,35,000 to ...
Kedar Nath Misra and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-07-2003
Reported in: 2003(4)AWC3369
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 23.7.1998, Annexure-4 to the writ petition and for a mandamus to the respondents not to interfere with the petitioners' business of stamp vendors.2. Heard learned counsel for the parties.3. In paragraph 3 of the writ petition it is stated that the petitioners were given stamp vendors licence on various dates mentioned in the said paragraph. It is alleged that the petitioners have been functioning as stamp vendors since their appointment and their licences have been renewed from time to time. True copy of the licence is Annexure-1 to the writ petition.4. In paragraph 4 of the writ petition it is stated that the petitioner No. 1 made an application to respondent No. 2, A.D.M. (Finance/ Revenue), Maharajganj, on 30.3.1998 for renewal of his licence for the year 1998-99 and the petitioner No. 3 made an application dated 19.6.1998 for renewal of the licence. True copies of the same ar...
Union of India (Uoi) and ors. Vs. Central Administrative Tribunal and ...
Court: Allahabad
Decided on: Aug-07-2003
Reported in: 2003(4)AWC3363
B.S. Chauhan, J.1. This writ petition has been filed against the judgment and order of the Central Administrative Tribunal dated 5.2.2003, by which the claim of the respondent employee has been allowed and the recovery notice against him has been quashed.2. Facts and circumstances giving rise to this case are that respondent No. 2 Shri Raj Bahadur was the employee of the Railways. He retired on 10.5.1995, though he reached the age of superannuation in 1992. His retiral benefits had been calculated as stood retired in 1995. The Railways passed the order of making recovery and to make further adjustments in his pension. The said order was challenged and the learned Tribunal has allowed his petition partly to the extent that administration shall not recover the amount already paid but he would be deemed to have retired on reaching the age of superannuation as per the rules. Hence, this petition.3. Sri Tarun Verma, learned counsel appearing for the petitioner has submitted that if the empl...
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