Allahabad Court August 2003 Judgments
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Ramesh Vs. the State
Court: Allahabad
Decided on: Aug-05-2003
Reported in: 2004CriLJ1540
Vishnu Sahai, J.1.Though this appeal, appellant Ramesh challenges the judgment and order dated 23-7-1980 passed by the I-Additional Sessions Judge, Bahraich in Sessions Trial No. 128 of 1978, whereby he has been convicted and sentenced in the manner stated hereinafter :--(i) under Section 302/34, IPC to imprisonment for life; and(ii) under Section 324/34, IPC to imprisonment for two year's R. I.The sentences of the appellant on both the counts were ordered to run concurrently.2. Shortly stated, the prosecution case runs as under :The informant Siddeshwar Singh (PW-1) is a resident of Payagpur, district Bahraich. Sometimes before the incident, two incidents of beating took place inside Chitrashala Cinema in district Bahraich. In one of them, which took place in January/February, 1978, at 3-4 p.m., Chhutkan alias Shailesh Kumar, appellant Ramesh and unknown associates of theirs assaulted some persons within the premises of Chitrasala Cinema. In connection with the incident, the police ar...
Raj Moti Dal Mills and anr. Vs. Sales Tax Officer and ors.
Court: Allahabad
Decided on: Aug-05-2003
Reported in: [2004]136STC576(All)
B.S. Chauhan, J.1. This writ petition has been filed for issuing a writ or direction in the nature of certiorari quashing the notice dated March 3, 1983 (annexure 7) issued by the Sales Tax Officer, by which the petitioner has been directed to deposit a sum of Rs. 1,39,478.78 rejecting the claim of adjustment of refund, as directed by the appellate authority in respect of the assessment years 1975-76, 1977-78 and 1978-79.2. Facts and circumstances giving rise to this case are that the petitioner-firm was assessed by the Sales Tax Officer and the tax was imposed. Being aggrieved, the petitioner-assessee filed Appeal Nos. 1142 of 1980 for the year 1975-76 ; 520 of 1981 for the year 1977-78 and 906 of 1981 for the year 1978-79 vide order dated May 25, 1982, all the appeals were allowed. Appeal No. 1142 of 1980 was allowed in toto while Appeal No. 520 of 1981 was partly allowed reducing the amount of tax. Appeal No. 906 of 1981 was also partly allowed reducing the amount of tax. Thus, an a...
Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd. Vs. New Okhla Indu ...
Court: Allahabad
Decided on: Aug-05-2003
Reported in: (2003)3UPLBEC2561
M. Katju, J.1. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 5.5.1998, Annexure-R to the writ petition by which the respondent has cancelled the allotments of land made in favour of the members of the petitioner Society on the ground that the same had been obtained by misrepresentation and fraud. The petitioner has also prayed for a mandamus directing the respondent New Okhla Industrial Development Authority (NOIDA) not to allot plots of the said land earlier earmarked for the members of the petitioner Society in Sections 42 and 43 NOIDA in any one else's favour.2. Heard learned Counsel for the parties.3. The petitioner is a Co-operative Housing Society registered under the U.P. Co-operative Societies Act, 1965. It was registered in 1975. It was primarily formed for acquisition and development of land and allotment of the same to its members for construction of their residential units. The main object of the petitioner Society was to enabl...
Sonia and ors. Vs. Ram NaraIn Gupta and anr.
Court: Allahabad
Decided on: Aug-05-2003
Reported in: III(2003)ACC541; 2005ACJ247
Rajes Kumar, J.1. The present appeal under Section 110-D of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is directed against the order dated 11.4.1980 passed by the Motor Accidents Claims Tribunal/Third Additional District Judge, Allahabad, by which a total sum of Rs. 45,000 has been awarded towards the compensation.2. The brief facts of the case are that on 12.11.1975 at 10 a.m. near village Atsarai, G.T. Road, Saini Police Circle, District Allahabad, when deceased was going on his left on the road a truck No. USF 4283 which was being driven rashly and negligently struck him and crushed him to death on the spot. The deceased left behind his widow, Sonia and two minor children and his father Durga Din, who have filed the claim petition as the claimants under the Act. The deceased was 26 years of age at the time of accident and used to carry on marketing of agricultural produce, garden keeping and skilled labourer. The Tribunal on the consideration of entire facts and...
Cit Vs. Dasondi Ram Nand Kumar
Court: Allahabad
Decided on: Aug-05-2003
Reported in: [2005]142TAXMAN582(All)
In this reference, the following question has been referenced for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to confirm the decision of the learned CIT(A) who has directed to make two separate assessments for two periods on the basis of two returns filed by the appellant?'2. This issue has been considered by a Constitution Bench of this court in Vishwanath Seth v. CIT : [1984]146ITR249(All) and considering the provisions of section 187 of the Income Tax Act, 1961, the court held that reconstitution without dissolution of the firm does not bring into existence of a new firm.3. Thus, in view of the above, we answer the reference in the negative, i.e., in favour of the revenue and against the assessee....
National Insurance Co. Ltd. Vs. Presiding Officer, Central Government ...
Court: Allahabad
Decided on: Aug-04-2003
Reported in: 2003(4)AWC2833
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the record.2. This writ petition has been filed challenging the validity and correctness of the award dated 13.5.1997, passed by the Central Government Industrial Tribunal-cum-Labour Court, Kanpur. By the impugned award, C.G.I.T. has held that the order of removal of the workman/respondent No. 2 dated 4.6.1986 was quashed and that the workman is entitled for reinstatement in service with back wages from the date of reference.3. The petitioner is an Insurance Company in which respondent No. 2 was working as Inspector Grade-II. He was charge-sheeted for the following misconducts :(a) Failure to maintain absolute integrity thus committed breach of Rule 3 of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975.(b) Dishonesty in connection with the business of the Company.(c) Acting in a manner prejudicial to the interest of the Company.(d) Wilful insubordination or disobedience of lawful and reasonable orde...
Etawah Kshetriya GramIn Bank Vs. Presiding Officer, Central Government ...
Court: Allahabad
Decided on: Aug-04-2003
Reported in: 2003(4)AWC2836
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. The petitioner has filed the present writ petition challenging the award dated 3.7.1997 published on 16.8.1997, Annexure-1 to the writ petition. The petitioner-Bank is the Regional Rural Bank established under the Regional Rural Bank Act. The terms and conditions of the employment of the Bank are Government in accordance with the Bank Services Regulations and the guidelines issued by the Government of India and the Reserv Bank of India.3. The facts of the case are that respondent No. 2 was engaged as a part-time daily worker in Etawah Kshetriya Gramin Bank, Raja Ka Bagh Branch, Etawah, for doing odd jobs as and when exigency of work required. He was terminated from service with effect from 2.4.1987 and raised an industrial dispute, which was referred to the Central Government Industrial Tribunal, Kanpur, hereinafter referred to as C.G.I.T.4. The case of the Bank is that respondent No. 2 never worked for 240...
Jai Prakash Gupta Vs. Chief Engineer, Hydel, U.P. Power Corporation Lt ...
Court: Allahabad
Decided on: Aug-04-2003
Reported in: 2003(4)AWC3252
S.N. Srivastava, J.1. Challenge in this petition is directed against the order dated 28.5.2003 whereby the order dated 31.12.2002 passed by the respondent No. 2 has been rescinded and aggrieved by the order aforestated, the petitioner has rushed to this Court for relief of quashing the impugned order and a writ of mandamus commanding the respondent No. 2 to levy implementation to the order dated 31.12.2002.2. The facts forming background to the present petition are that the petitioner applied to the General Manger, U.P. Power Corporation, Lucknow for his transfer from Electricity Distribution Division II, Rampur to Electricity Urban Distribution Circle Moradabad by means of application dated 18.9.2002. The transfer sought by the petitioner was premised on the ground that his wife was ailing and was being administered treatment at Moradabad and further that the petitioner was also afflicted with hear disease and also that his daughter was receiving education at Hindu College, Moradabad....
Amar Babu Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-04-2003
Reported in: 2003(4)AWC3254
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. By means of this writ petition, the petitioner has challenged the order dated 30.3.1998 by which his salary for the prior 27.5.1987 to 27.10.1997 has been withheld.3. The case of the petitioner is that he was working as Junior Division Clerk, N.C.C., Allahabad and subsequently he was made permanent. By the order dated 22.5.1987 he was transferred from Allahabad to Mirzapur, but the transfer order was not served upon him. Thereafter, the transfer order was published in the Newspaper 'Amrit Prabhat' on 31.5.1987, which was challenged by means of Writ Petition No. 10824 of 1987. The order of transfer was stayed by an interim order dated 24.6,1987.4. The petitioner thereafter served the certified copy of the interim order on the respondent on 26.6.1987, but he was not permitted to join at Allahabad.5. The order of this Court passed in Writ Petition No. 10824 of 1987 is as under :'Heard Sri S.K. Garg, learned co...
Surendra Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-04-2003
Reported in: 2003(4)AWC3285
ORDERM. Katju, J.1. This petition discloses an alarming state of affairs prevailing in the State of Uttar Pradesh. It appears that all kinds of ruffians, gundas, hooligans and other anti-social elements are at large in our society and are harassing and terrorizing the law abiding citizens. If this trend is not stamped out with an iron hand, the situation will get out of control and there will be total lawlessness and jangle raj in the State.2. The petitioner has alleged that he is a tenant of a shop in Agra City under Police Station Aitmadaula, Agra for which he pays Rs. 2,000 per month to the landlord on the basis of registered rent deed vide Annexure-1 to the writ petition. The petitioner carries on the business of jute bags in the aforesaid premises and also resides there.3. It is alleged in paragraph 6 of the petition that on 2.7.2003 when the petitioner was carrying on his business in the said premises, the respondent Nos. 7 to 18 came to his shop with the common object of realisi...
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