Allahabad Court September 2003 Judgments
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State of U.P. Vs. Balak Ram and ors.
Court: Allahabad
Decided on: Sep-10-2003
Reported in: 2004CriLJ1549
Vishnu Sahai, J.1. This appeal has been preferred by the State of U.P. against the judgment and order dated 6-12-1979, passed by III Additional District and Sessions Judge, Hardoi, in Sessions Trial No. A-9 of 1979, whereby the five respondents, namely, Balakram, Bhola, Sri Krishna Babu (Baburam) and Ram Sewak have been acquitted for the offence punishable under Sections 307/149, I.P.C., Balakram, Bhola, Sri Krishna and Ram Sewak for the offence punishable under Section 147, I.P.C. and Babu for the offence punishable under Section 148, I.P.C.2. Shortly stated, the prosecution case runs as under :--The informant Ranvir Singh P.W. 1 was a resident of village Kurshath, situated within the limits of Police Station Baghauli, District Hardoi. At the time of incident, he was a student of Class Xth in Lal Bahadur Shastri High School, at Atwa Alinmardenpur, which was situated within the limits of the said police station. At the time of the incident, respondents Balak Ram and Sri Krishna were al...
Gopi Krishna Mehrotra Vs. Allahabad Bank Through Chairman and Managing ...
Court: Allahabad
Decided on: Sep-10-2003
Reported in: (2004)1UPLBEC71
Vineet Saran, J.1. The petitioner was working as Branch Manager in the Allahabad Bank and in the year 1982, the disciplinary proceedings were initiated against him and a charge-sheet was served on 25.6.1982. After enquiry, the Competent Authority, vide its order dated 29.1.1986, imposed a major penalty and reduced four annual increments of the petitioner and thus, the pay of the petitioner was reduced from Rs. 1800/- to Rs. 1560/- per month. The petitioner filed an appeal against the said order under Regulation 17(ii) of the Officer Employees' (Conduct) Regulations and Discipline and Appeal Regulations of the Allahabad Bank. Since, the appeal was filed beyond the period of limitation for 45 days, an application under Regulation 21 had also been filed with a prayer for condonation of delay in filing the appeal. The Appellate Authority-respondent No. 3 vide its order dated 12.1.1986 rejected the application for condonation of delay. Aggrieved by the same, petitioner has filed this writ p...
Smt. Urmila Devi Vs. U.P. Power Corporation and ors.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: 2003(4)AWC3205; (2003)3UPLBEC2582
S.N. Srivastava, J.1. Petition has been filed by Smt. Urmila Devi daughter-in-law of deceased Kishun Lal, who died in-harness on 21.4.1999. The deceased Kishun Lal was employed and discharging his duties as Painter in the Electricity Transmission Division-11, U.P. Power Corporation, Allahabad at the time of his death. The necessary facts which bear on the controversy involved in the present petition are that Anil Kumar husband of the petitioner predeceased his father late Sri Kishun Lal and he was survived by the petitioner and two children, i.e., one son and one daughter. In the wake of the death of Anil Kumar, his family consisting of wife and two children was sustaining on the earning of late Kishun Lal. Consequent upon the death of Kishun Lal, the petitioner who happened to be his daughter-in-law, applied for compassionate appointment which according to the petitioner was declined by means of order dated 22.4.2002 passed by the respondent No. 2 on the premises that she did not fall...
Dr. Ram Bilas Singh Vs. Ramakant Shukla and ors.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: 2003(4)AWC3111
B. S. Chauhan, J.1. This special appeal has been filed against, the Impugned order dated 26.8.2003, by which the learned single Judge has directed to maintain status quo as regard the post held by the respondent-petitioner.2. Facts and circumstances giving rise to this case that the Principal of Saltanat Bahadur Intermediate College, Badlapur, district Janpur retired long back and an Advertisement No. 1/1999-2000 was published by the U. P. Secondary Education Services Selection Board, Allahabad on 24.12.1999. In response to the same, the appellant-respondent applied for the said post and interview was held on 24.4.2001 by the said Board and the result had been declared on 13.8.2003. Appellant-respondent had been selected as a regular Principal of the said college. Being aggrieved and dissatisfied, the respondent No. 1 petitioner filed Writ Petition No. 36883 of 2003, challenging the appointment of the appellant-respondent on the ground that he was officiating Principal for the last fou...
Poonam Detergent Industries Vs. Kanpur Trading Company Ltd.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: 2004(28)PTC161(All)
Rajes Kumar, J.1. The present appeal is being directed against the order dated 31.5.2001 passed by the District Judge, Kanpur Dehat on the application under Order 39 Rules 1 and 2 of C.P.C. in Original Suit No. 1 of 2000, by which, an ex-parte injunction order dated 18.11.2000 has been confirmed and made absolute, till the disposal of Suit. The interim injunction granted on 18.11.2000 was in terms of prayer made in application, i.e., defendant, their servants, agents, Stockiest, Retailer, Distributors and representatives were restrained from manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in washing soaps and detergent powder under the impugned Trade Mark 'Pooja No. 1 Ghari' or any other Trade Mark/Marks under the artistic plastic pouches Annexed as Annexure 'B' or using any Trade Mark/Marks/or plastic Pouches as Annexed as Annexure-1 to the plaint. The defendants were further restrained from doing any other things as is likely to lead of...
Jahangir Raja William Singh Vs. Co-operative Tribunal and ors.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: 2004(2)AWC1019
N.K. Mehrotra, J.1. Heard the learned counsel for the petitioner, Shri Nakul Dubey for the opposite party No. 2 and the learned standing counsel for the opposite party No. 1.2. This is a writ petition for issuing a writ in the nature of certiorari quashing the impugned award dated 27,3.1998 (Annexure-1), pronounced by the Arbitrator under Section 70 of the U. P. Co-operative Societies Act, 1965, the judgment and order dated 11.5.1999 (Annexure-2) and the order dated 27.5.2003 (Annexure-3) passed by the Co-operative Tribunal, U. P., Lucknow.3. The petitioner worked as Secretary of Asha Pushp Vihar Sahkari Avas Samiti Ltd., Ghaziabad (hereinafter referred to as 'Samiti') during the period from 1982 to 9.3.1993 when his services were terminated and the said termination order is sub-judice in some other writ petition in the High Court. Asha Pushp Vihar Sahkari Avas Samiti Ltd., Ghaziabad is a primary co-operative housing society. The Secretary of the Samiti sent a letter on 12.3.1997 to th...
Ram Prakash Dubey Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: (2004)1UPLBEC108
Vineet Saran, J.1. Since, common questions arise in these two writ petitions filed by the same petitioner, they have been heard together and are being disposed of by a common order. Civil Misc. Writ Petition No. 22634 of 1992 shall be treated as the leading case.2. Civil Misc. Writ Petition No. 22634 of 1992 has been filed with a prayer for quashing the order dated 1.6.1992 passed by the District Inspector of Schools whereby approval for the appointment of Prem Shanker Dixit, respondent No. 3, has been accorded with effect from 3.3.1985 and the claim of the petitioner for appointment on the said post has been rejected. A further prayer has been made for a direction to the respondents to treat the petitioner as ad-hoc Teacher in C.T./L.T. Grade. The other writ petition, being Civil Misc. Writ Petition No. 32435 of 1991, has been filed by the same petitioner Ram Pravesh Dubey with a prayer for a direction to pay him the salary as Assistant Teacher along with the arrears with effect from ...
U.P. Sunni Central Board of Waqf Vs. Shakil Ahmad and anr.
Court: Allahabad
Decided on: Sep-09-2003
Reported in: 2004(2)AWC1768
N.K. Mehrotra, J.1. This is a civil revision under Section 83(9) of the Waqf Act, 1995 against the order dated 18.7.2002 passed by the Civil Judge (Senior Division), Lakhimpur Kheri in Civil Appeal No. 1 of 2002.2. Heard the learned counsel for the revisionist and the learned counsel for the opposite parties.3. The opposite party No. 1 was the Mutawalli of the Waqf Mst. Azeeman Hajjan No. 11, Lakhimpur Kheri. Several complaints were received against the opposite party No. 1 Muttawalli after making necessary inquiry as provided under the aforesaid Act. The Waqf Board passed order of removal of opposite party No. 1 Mutawalli under Section 27 of the Waqf Act on 15.6.2002. The opposite party No. 1 filed a Civil Appeal No. 1/2002 under Section 64(4) of the Waqf Act, 1995 before the Waqf Tribunal, i.e., the Civil Judge (Senior Division), Lakhimpur Kheri against the order dated 15.6.2002. The Waqf Tribunal stayed the operation of the order dated 15.6.2002 passed by the revisionist vide impugn...
Nagrath Chemicals Works (P) Ltd. Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Sep-08-2003
Reported in: (2003)185CTR(All)15; [2004]265ITR401(All)
1. This is a reference under Section 256(1) of the IT Act in which the following questions have been referred to us for our opinion :1. 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the audit report amounted to 'information' within the meaning of Section 147(b) of the IT Act, 1961, on the basis of which the assessment could be validly reopened by the ITO ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the loss of Rs. 84,261 on the sale of brick kiln was a capital loss and that it could not be set off against the business income but only against capital gains and that it had to be carried forward ?' 2. The assessee is a company registered under the Indian Companies Act and the relevant assessment year is 1975-76. It had a bichromate plant installed in asst. yr. 1972-73 of which a furnace in the form of a kiln was a part. Depreciation was being allowed on the...
Niranjan Pal Dixit Vs. District Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: Sep-08-2003
Reported in: 2003(4)AWC3433; (2004)1UPLBEC633
Vineet Saran, J.1. The petitioner was appointed as an Assistant Teacher in July, 1966 is Sri Gandhi Junior High School, Sahawar, district Etah. He continued in service as such when on 6,4.1.985, after nearly two decades, he was placed under suspension on the charge that he had submitted a forged mark-sheet at the time of seeking appointment as Assistant Teacher. The charge-sheet was submitted by the Committee of Management respondent No. 3 to which reply was also given by the petitioner. The Committee of Management thereafter recommended to the Basic Shiksha Adhikari that the services of the petitioner may be terminated. The Basic Shiksha Adhikari conducted a detailed enquiry requiring the Committee of Management as well as the petitioner to produce the documents in support of their respective cases, which were submitted by them. The Basic Shiksha Adhikari, not being satisfied with the case of the management, vide its order dated 10.2.1987, refused to grant approval for termination of ...
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