Allahabad Court September 2003 Judgments
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Mazdoor Sangh, B.P.C.L. Vs. Industrial Tribunal-i and anr.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC169; (2003)3UPLBEC2812
ORDERRakesh Tiwari, J. 1. Heard counsel for the parties and perused the records.2. By means of the present writ petition, the petitioner has challenged the validity and correctness of an order dated 5.6.1999, Annexure-1 to the writ petition, by which the Industrial Tribunal had advised the workmen to raise an industrial dispute by initiating the conciliation proceedings under Section 10(1) of Industrial Disputes Act for the Contract Labour (Abolition and Regulation) Act as well as the order dated 29.7.1999, Annexure-7 to the writ petition, by which the Tribunal held that the reference is not maintainable, as the Industrial Tribunal-I is a Government of India undertaking and the State Government is not competent to refer the dispute under Section 4K of the U.P. Industrial Disputes Act, 1947.3. The brief facts of the case are that the State Government on being satisfied that an Industrial dispute exists, referred a dispute for adjudication to the Industrial Tribunal at Allahabad for regu...
Harish Babu Sharma Vs. Basic Shiksha Parishad and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC298
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This petition has been filed challenging validity and correctness of the impugned order dated 17.4.2000, passed by District Basic Education Officer, Annexure-1 to the writ petition, terminated the services of the petitioner.3. The brief facts of the case are that the petitioner was initially appointed under the Dying-in-harness Rules as Assistant Teacher on 3rd September, 1993 by Basic Education Officer. He was posted at Prathmik Vidyalaya, Sandpurkani, in block Alampur district Bareilly and was thereafter transferred to Prathmlk Vidyalaya, Behti Jagir Block Kyara in district Bareilly.4. It is further submitted that in the year 1996, the petitioner was placed under suspension by District Basic Education Officer on account of some charges but subsequently he was reinstated in service in the year 1996 with full back wages/salary by the District Basic Education Officer. Petitioner was placed under suspension again...
Smt. Dulari and ors. Vs. Ivth Additional District Judge and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC305
S.U. Khan, J.1. Respondent No. 3 Dr. Ram Dulare Tripathi (R.D. Tripathi in short) purchased the property from Saraswati Devi through registered sale deed dated 24.8.1971. He himself was tenant in a small portion of the said property. He filed S.C.C. Suit No. 266 of 1982 against Ram Karan Jaiswal (R. Jaiswal in short) (since deceased and survived by petitioners) before J.S.C.C. Gorakhpur), claiming therein that R. Jaiswal was tenant in a portion of the property purchased by him (R.D. Tripathi) on 24.8.1971 since before its purchase by him and that he (R. Jaiswal) had not paid rent since June, 1979. Relief for ejectment was sought on the ground of default. The suit was decreed by J. S.C.C. and the revision filed against the same was also dismissed hence this writ petition. Smt. Saraswati Devi, who executed the sale deed was wife of step brother of R. Jaiswal, i.e., Bhagwan Das (father of B. Das and R. Jaiswal was one their mothers were different).2. The aforesaid sale deed dated 24,8.197...
international Hospital (P.) Ltd. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC300
M. Katju and R. S. Tripathi, JJ.1. Heard Sri Rakesh Dwivedi, learned senior counsel, Ms. Kumkum Sen and Shri Yashwant Verma, learned counsel on behalf of the petitioner and Sri Vinod Mishra and learned standing counsel for the respondents.2. The petitioner has challenged the demand of change in constitution charge made by the respondent No. 2-New Okhla Industrial Development Authority (hereinafter referred to as the N.O.I.D.A.) and the revised lease rental demanded by the letters dated 15.3.2002, 23.10.2002 and 21.2.2003 vide Annexures-G, L and O to the writ petition.3. The petitioner is a private limited company registered under the Indian Companies Act, having its registered office at B-9 Maharani Bagh, New Delhi. The petitioner is engaged in the business of establishing state of the art hospitals of international standard of technological excellence and quality of medical and related services. It is also alleged in para 4 of the writ petition that in consonance with its objectives t...
Salim Ahmad Khan Vs. Xiith A.D.J. and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC308
ORDERS.U. Khan, J.1. This writ petition has been filed by the tenant against whom release application (P.A. Case No. 41 of 1984 on the file of Prescribed Authority/Additional Civil Judge-I, Agra) filed by landlord/ respondent No. 3 under Section 21 of U. P. Act No. 13 of 1972, is pending. Before filing written statement/reply to the release application tenant/ petitioner filed application numbered as 24-Ga. In the said application tenant stated that house in dispute initially belonged to Sri Rahim Baksha whose entire family migrated to Pakistan in 1948-49 and obtained the citizenship of Pakistan. Only Rahim Baksha remained in India and died in the year 1952 and that after the death of Rahim Baksha, his father continued to receive rent from the tenant till 1967 and that in 1967 father of Rahim Baksha intimated the tenant that he had purchased the house in dispute on 28.11.1962 from the legal representative of Rahim Baksha. It was further stated that the sale deed was sham as it was not ...
Ravindra Singh Rathore Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC310
R.K. Agrawal, J.1. All the six writ petitions relate to the same person holding the post of Principal in Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah and, therefore, they have been heard together and are being disposed of by a common judgment.2. Writ Petition No. 16905 of 2000 has been filed by Ravindra Singh Rathore seeking a writ, order or direction restraining the respondents from interfering in the functioning of the petitioner as the officiating/ad hoc Principal of the Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah. A further relief has been prayed by him for directing the respondents to pay his regular monthly salary on the post of Principal including the arrears of salary from February, 2000.3. Writ Petition No. 34715 of 2000 has been filed by the Committee of Management, Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah and the Manager, Rajeshwari Devi and Baij Nath Yadav, Principal of the said college seeking a writ, order or direction in the na...
Shyam Singh Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004(1)AWC322
ORDERS.P. Mehrotra, J.1. The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 6.9.2003 (Annexure-6 to the writ petition) passed by the learned Additional District Judge (Court No. 7), Muzaffarnagar.2. From a perusal of the averments made in the writ petition and annexures thereto, it appears that a suit being S.C.C. Suit No. 7 of 1988 was filed against the petitioner as defendant in respect of a shop, the details whereof are given in the judgment and order dated 21.9.1998 referred to hereinafter.3. It further appears that by the judgment and order dated 21.9.1998 passed by the learned Civil Judge (Senior Division), Kairana, Muzaffarnagar, the said S.C.C. Suit No. 7 of 1988 was decreed against the petitioner. A copy of the said judgment and order dated 21.9.1998 has been filed as Annexure-3 to the writ petition.4. Thereupon, it appears that the petitioner filed a revision under Section 25 of the Provinc...
Kedar Ram Vs. Additional District Judge Ii and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: AIR2004All197
ORDERAshok Bhushan, J.1. Heard Sri V.K.S. Chaudhary, learned Senior Advocate appearing for the petitioner and Sri L.P. Singh, the learned counsel appearing for the respondent Nos. 3 to 6.2. By this writ petition the petitioner has prayed for quashing the order dated 18-12-1990 passed by the II Additional District Judge, Ballia in Miscellaneous Appeal No. 252 of 1988 and the order dated 24-12-1985 passed by the Munsif, Ballia on Miscellaneous Application filed in Execution case o. 58 of 1967.3. Facts in brief which emerge from the pleadings of the parties are;------------Original suit No. 481 of 1953 was filed by Baldeo against Puranwasi Ram for possession of Khandahar situated in Mohalla Gorayasthan Rasra Town, Pargana Lakhneshwar. District Ballia. The suit was decreed by the learned Munsif vide its judgment dated 11-12-1954. Baldeo died leaving behind his two sons Gauri Shanker and Vishwa Nath as his heirs. Gauri Shanker and Vishwa Nath sold the said Khandahar in favour of Durbal Ram ...
Commissioner of Income Tax Vs. Vidya Ram Gupta
Court: Allahabad
Decided on: Sep-26-2003
Reported in: (2004)189CTR(All)49
1. This is an IT reference under Section 256(1) of the IT Act in which the following question has been referred to us for our opinion :'Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in allowing separate standard deductions with reference to salary received from both of the two employers for the same assessment year?'2. We have heard learned counsel for the parties.3. In the relevant asst. yr. 1976-77 the assessee was a Chief Engineer and derived salary from two different employers. For the period 30th Sept., 1975, he derived salary from M/s S.H. Sugar Factory (P) Ltd., Bareilly. After 30th Sept., 1975, he received salary from M/s Laxmiji Sugar Mills, Maholi, Sitapur.The ITO allowed only one deduction of Rs. 3,500. Before the AAC this ground was not taken at all, but he took it before the Tribunal.4. In para 4 of its order the Tribunal held that the assessee is entitled to separate standard deductions from each of the employers for ...
Anju Misra (Smt.) Vs. General Manager, Kanpur Jal Sansthan
Court: Allahabad
Decided on: Sep-26-2003
Reported in: (2004)1UPLBEC201
R.B. Misra, J.1. In the present writ petition the petitioner has sought to quash the order dated 30.3.1994 (Annexure-3 to the writ petition), whereby the General Manager, Kanpur Jal Sansthan, Kanpur, has rejected the application of petitioner for getting employment on compassionate ground under the 'U.P. Recruitment of Dependent of Government Servant Dying-in-Harness Rules, 1974' (in short called as Dying-in-Harness Rules).2. Heard Mrs. Duga Tiwari, holding brief of Sri Ajay Sharma, learned Counsel for the petitioner and non-appears for the respondent.3. This writ petition is of the year 1994, therefore, a detailed order dated 16.5.2003 was passed, whereby the General Manager, Kanpur Jal Sansthan was issued a fresh notice in addition to dasti to give the response by next date of hearing. However, no response has been given by the respondent, therefore, the writ petition is decided on the available documents after hearing the learned Counsel for the petitioner.4. According to the petiti...
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