Allahabad Court September 2003 Judgments
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Kuldip Singh and anr. Vs. the Principal Secretary, Social Welfare, U.P ...
Court: Allahabad
Decided on: Sep-26-2003
Reported in: (2004)1UPLBEC173
Rakesh Tiwari, J. 1. Heard Counsel for the parties and perused the record.2. This petition has been filed against order dated 28.4.2000 passed by Secretary, Social Welfare Commission, Lucknow, stating that due to large number of irregularities group 'C' and group 'D' posts, hence it has been decided to cancel all such appointments. Accordingly, the petitioners services were also terminated by the impugned order dated 29.11.2002.3. This petition has been filed on the ground that above orders are violative of principles of natural justice as no opportunity was given to the petitioners before terminating the services. They allege that they had been working for the last four years and without holding any enquiry their services have been terminated only on the basis of the report of the Committee appointed by the U.P. Government for enquiry into the large scale irregularities committed in the selection.4. From perusal of the impugned order it is evident that serious nature of irregularities...
Shiv Chandra Nigam Vs. the District Magistrate/Collector and ors.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: (2004)1UPLBEC170
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. Petitioner was employed as Collection Amin in District Banda. It appears that he issued fake receipts about the money collected by him which was not deposited. The Naib Tahsildar reported this matter on 17.6.96 and a First Information Report was also lodged against him which was registered as Criminal Case No. 157 of 1995 in Police Station Mataundha, District Banda. However, the police submitted a final report in this case. Thereafter, the District Magistrate initiated disciplinary proceedings on 22.8.1998 framing three charges against him.3. The petitioner alleges that he demanded copies of ten documents by his letter dated 9.9.98 and Up Zila Adhikari, Naraini, District Banda was appointed as Enquiry Officer. He by letter dated 10th September, 1999 supplied certain documents and informed that some papers are not available. The petitioner gave a reply to the chages by letter dated 9.3.99. The Enquiry Officer su...
Modh. Umar Vs. Executive Officer, Nagar Palika Parishad and anr.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: (2004)1UPLBEC174
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. By means of this writ petition the petitioner is challenging the validity and correctness of the impugned notice dated 1.12.2000 passed by the Executive Officer, Nagar Palika Parishad, Suar, District Rampur by which the services of the petitioner have been dispensed with as no longer required.3. It is alleged that the name of the petitioner was registered in the Employment Exchange of Rampur. His date of birth according to the certificate issued by the Principal, Government Inter College, Rampur is 2.3.1964 and he belongs to backward class. It is further alleged that he had appeared in High School Examination but failed.4. It is submitted that on account of retirement of some regular employee a post of peon fell vacant in the office of the respondent No. 2. And the petitioner requested to respondent No. 2 that he may be permitted to work on the post of Peon in his office vide letter dated 21.1.2000. It appears ...
State of U.P. Vs. Qamar
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004CriLJ2390
Onkareshwar Bhatt, J.1. State of U. P. has preferred this appeal against judgment and order dated 19-1-1982 passed by the then Sessions Judge, Rampur in Sessions Trial No. 224 of 1981. By the impugned order accused respondent has been convicted under Section, 304 Part II I. P. C. and sentenced to six months rigorous imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine one year's rigorous imprisonment has been awarded. Government Appeal No. 949 of 1982 has been admitted on the question of sentence only. In Government Appeal No. 1135 of 1982 the prayer is for setting aside the order of acquittal and for sentencing the accused in accordance with law.2. We have heard Sri S. K. Paul, learned A. G. A. for the State, and Sri N. K. Rastogi, learned counsel for the accused-respondent, and perused the record.3. Hafiz Ahmad, P. W. 2, is the father of deceased, Haneef, who was his elder son. The other son is Irshad Ahmad. The informant was living in Gher Kalandar Khan Police...
Udal S/O Man Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004CriLJ2969
M. Chaudhary, J. 1. This is an appeal from judgment and order dated 21st of January 1981 passed by V Additional Sessions Judge, Etah in Sessions Trial No. 397 of 1979 State v. Udaivir Singh and others convicting the accused under Section 148, IPC and Section 302 read with Section 149, IPC and sentencing each of them to three years' rigorous imprisonment and imprisonment for life respectively thereunder.2. Brief facts giving rise to this appeal are that in the forenoon of 5th of June 1974. Lekhraj, father of Ajay Pal was grazing his cattle in the lake near the field of one Murari Lal as there was vegetative growth in the lake and no water. At that time Ajay Pal was scraping grass in the field of Lallu abutting the field of Murari Lal and Ram Chandra. Neksu, Chandra Pal and Sukh Ram were also cutting grass in the vicinity. At about 10.00 a.m. that very forenoon Udaivir Singh Puttu and Hamir Singh armed with guns along with Dharam Pal and Udal with countrymade pistols and Bhikam and one a...
State of U.P. Vs. Bhagirath
Court: Allahabad
Decided on: Sep-26-2003
Reported in: 2004CriLJ2405
Onkareshwar Bhat, J. 1. State of U. P. has preferred this appeal against judgment and order dated 22-12-1980 passed by the then II Addl. Sessions Judge, Jhansi in Session Trial No. 140 of 1979. The accused respondent was tried and acquitted under Section 307, I.P.C.2. We have heard Sri M. C. Joshi, learned A.G.A. for the State and Sri Ramesh Sinha for the accused-respondent as amicus curiae.3. Accused-respondent, Bhagirath, was residing in a portion of the house of informant, Gajju, P.W. 3, in Mohalla Mahaviran police station Prem Nagar, district Jhansi as a tenant. The injured of the case Smt. Quiyan, P.W. 2, is the wife of the informant. The informant's elder son was married. The daughter-in-law of the informant had illicit connection with the accused. Therefore, according to the custom of Biradari separation of Bhagwan Das and his wife had taken place about two months prior to the occurrence and she was living at her parents' house. Due to the above separation the accused felt bad b...
Cit Vs. Vidya Ram Gupta
Court: Allahabad
Decided on: Sep-26-2003
Reported in: [2004]136TAXMAN325(All)
ORDERThis is an Income Tax Reference under section 256(1) of the Income Tax 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 assessment year 1976-77 the assessee was a Chief Engineer and derived salary from two different employers. For the period 30-9-1975 he derived salary from M/s. S.H. Sugar Factory (P) Ltd., Bareilly. After 30-9-1975 he received salary from M/s. Laxmiji Sugar Mills, Maholi, Sitapur.4. The Income Tax Officer allowed by one deduction of Rs. 3,500. Before the Appellate Assistant Commissioner this ground was not taken at all, but he took it before the Tribunal.5. In para 4 of its order the Tribunal held that the assessee is entitled to sepa...
Cwt Vs. Sardar Singh
Court: Allahabad
Decided on: Sep-26-2003
Reported in: [2005]142TAXMAN90(All)
1. This is a Wealth Tax Reference under section 27(3) of the Wealth Tax 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 Tribunal could reasonably come to the finding that no benami transaction was involved in this case ?'2. We have perused the appellate order of the Tribunal and find no legal infirmity in the same.3. The Tribunal has recorded a finding of fact that this is not a case of Benami transaction and the assessee has not given a proper explanation. This being a finding of fact, we cannot interfere in this reference.4. The question referred to us is therefore, answered in the affirmative, i.e., in favour of the assessee and against the department....
Mahesh Chandra Gupta, Advocate High Court Vs. Dr. Rajeshwar Dayal and ...
Court: Allahabad
Decided on: Sep-25-2003
Reported in: 2004(1)AWC291
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioner is an advocate practising in this Court and he has given his residential address as 6, MIG, Preetam Nagar Colony, Allahabad. He has prayed for a writ of quo warranto challenging the appointment of respondent No. 1 as Professor in Paediatrics at S.N. Medical College, Agra.3. In our opinion, the petitioner has no locus standi to file this writ petition at all. The petitioner has not been able to demonstrate that he has any connection with S.N. Medical College, Agra. We can understand a teacher or employee of S.N. Medical College, Agra, filing such writ petition. We can also understand a person whose son or daughter is studying in S.N. Medical College, Agra filing such writ petition. But we cannot understand a person who is living in Allahabad and who has not the remotest connection with S.N. Medical College, filing such a writ petition.4. No doubt the principle of locus standi is more flexible in cases of writ of quo ...
Dinesh Chandra Trivedi and anr. Vs. Alok Nath Mishra and ors.
Court: Allahabad
Decided on: Sep-25-2003
Reported in: 2004(1)AWC925
N.K. Mehrotra, J.1. The defendant-petitioners have filed this writ petition for issuing a writ in the nature of certiorari quashing the impugned judgment and order dated 24.11.1994 passed by the opposite party No. 4, the IInd Additional Civil Judge (Senior Division). Lucknow as Prescribed Authority under Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to be as 'Act') and the judgment and order dated 21.11.2002 passed in appeal under Section 22 of the Act by the opposite party No. 3 Additional District Judge (Court No. 6), Lucknow.2. The opposite party No. 1 Alok Nath Mishra filed a release application under Section 21 (1) (a) of the Act against the petitioners as well as the mother of the petitioners late Smt. Vidya Devi Trivedi. The opposite party No. 1 set up his need on account of the fact that after the death of his father there had been a family partition and the house in tenancy of the petitioners has come in his share and ...
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