Allahabad Court January 2004 Judgments
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Bhism Pal Singh Vs. U.P. Basic Shiksha Parishad and ors.
Court: Allahabad
Decided on: Jan-13-2004
Reported in: 2004(3)AWC1959
ORDERN.K. Mehrotra, J.1. By means of this writ petition under Article 226 of the Constitution of India the petitioner has challenged the transfer order dated 30.6.2003 passed by the Zila Basic Shiksha Adhikari, Lucknow opposite party No. 2 as contained in Annexure-1 to the writ petition in so far as it relates to the petitioner.2. The petitioner is Assistant Teacher in primary school. By the impugned transfer order the petitioner has been transferred from Deva Mau, Sarojini Nagar to Shiv Gulam Khera, Sarojini Nagar. This transfer order has been challenged on the ground that the transfer order has been issued in the back date. The informations about the medical problems of the teachers were not collected before issuing the impugned orders while the transfer policy provides that the teachers suffering from serious ailments should not be transferred as far as possible and the petitioner is a patient of heart disease and the wife of the petitioner is also under treatment,3. I do not find a...
Dujai and ors. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Jan-13-2004
Reported in: 2004(3)AWC1960
ORDERU.K. Dhaon, J.1. Heard learned counsel for the petitioners and the learned standing counsel who has put in appearance on behalf of opposite parties No. 1 to 3. None has put in appearance on behalf of opposite parties 4 to 9.2. The petitioners have approached this Court against the orders dated 8.5.1980, 15.9.1970 and 29.1.1970 passed by the Consolidation authorities. The brief facts of the case are that, in the basic year, the name of the petitioners were recorded in the revenue records over Khata No. 82 of Village Daudpur Pargana Peer Nagar Tehsil Sidhauli district Sitapur. The opposite parties 4 to 9 filed objection claiming co-tenancy rights. The opposite parties 5 to 8 also claimed their rights by adverse possession over the land in dispute.3. The Consolidation Officer on the basis of the evidence on record has recorded a finding that the land is coming down from the time of Chain who was the common ancestor and accordingly allowed the objections of the opposite parties and gr...
Broswel Pharmaceutical Inc. Vs. Income Tax Officer
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jan-12-2004
Reported in: (2004)83TTJ(All.)126
1. The assessee through the above stay petition seeks stay of the outstanding demand of Rs. 4,37,656 in the asst. yr. 1998-99.2. According to the office, this stay petition was filed on 24th Oct., 2003. As per noting of the Assistant Registrar on dt. 7th Nov., 2003, he has raised defects in the stay petition, which are, namely: (i) Stay petition is not in the proforma prescribed under Appendix X(e); (ii) No correspondence with the lower Revenue authorities have been filed.3. The Assistant Registrar accordingly issued defect memo to the assessee. Again he has kept the petition pending with him on 26th Nov., 2003 and, according to him, the requisite defects have not been removed by the assessee. "Place the matter before the Bench on 19th Dec., 2003 for return of stay petition since the defect has not been removed even after final reminder." In view of this background, this stay petition was put up before the Bench on 19th Dec., 2003. The counsel for the assessee appeared and notice was ...
V.K. Packaging Industries Vs. Tax Recovery Officer and ors.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: (2004)188CTR(All)133; [2004]266ITR283(All)
1. This writ petition has been filed for a writ of certiorari to quash the impugned notice under Section 226 of the Income-tax Act, 1961, vide annexure 5 to the writ petition. The petitioner has also prayed for a mandamus directing respondent No. 1 to refund the amount recovered under the notice under Section 226 with interest. The petitioner has also prayed for a direction to respondent No. 1 to refund Rs. 75,000 deposited by the petitioner with interest and has also prayed that respondent No. 3 be directed to decide the appeal of the petitioner on merits expeditiously.2. Heard learned counsel for the parties.3. The petitioner is a registered partnership firm which is doing the business of manufacture of corrugated boxes/card board boxes. The relevant assessment year is 1997-98 and in this year the petitioner filed a return on October 31, 1997, disclosing income of Rs. 27,374.28. The petitioner has alleged that it has maintained regular and proper books of account in the ordinary and ...
Jalal Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: 2004(1)AWC800; (2004)1UPLBEC702
ORDERM. Katju and Poonam Srivastava, JJ.1. Heard learned counsel for the appellant.2. This special appeal has been filed against the impugned judgment of the learned single Judge dated 15.4.1998. The facts of the case are that the U. P. Government took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu translators in various departments of the State. In the month of August, 1984, 5,061 posts were sanctioned in the various Departments of the State. It was stipulated that one post each in all the offices of departmental heads both at divisional and district level were to be filled in by such Urdu translators.3. In pursuance of that policy the District Magistrate, Deorla, initiated proceedings for recruitment of Urdu translators. The posts were advertised and a written test was held on 25.12.1994 and a select list of 58 candidates was published on 12.1.1995. From that list certain persons were appointed in different departments, e.g., in ...
Vinda Prasad Awasthi Vs. Up-zila Adhikari and ors.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: 2004(1)AWC804
Rakesh Tiwari, J.1. Heard the counsel for the parties and perused the record.2. This writ petition is directed against the order dated 20.2.2001 passed by respondent No. 1, Annexure-4 to the writ petition, by which the fishery lease of the pond has been granted in favour of Gulab Chandra, respondent No. 3, for a period of ten years. A writ of mandamus has also been prayed directing the respondents not to interfere in the peaceful possession of the petitioner over the pond in dispute.3. The pond situated in plot Nos. 1921, 1922, 1923, 1924, 1925, 1926, 1927 and 1928 of village Lade-ka-purwa, which are alleged to have originally belonged to one Gangadhar Rao Gore alias Baba Sahab Gore, who was Diwan of Nawab of Banda. It is stated that after the death of Gangadhar Gore, his property including the pond and temples was inherited by his successor Balwant Rao Gore. After the death of Balwant Rao Gore, his son Kashi Nath Gore inherited the property including the pond and the temples. He appoi...
New Okhla Industrial Development Authority Vs. Pooran Singh and ors.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: AIR2004All218; 2004(1)AWC888
A.K. Yog, J.1. When the aforesaid First Appeals were presented before Court, the Bench Secretary pointed out the objection noted by Stamp Reporter, apart from other notings, which read, 'Parties not properly described'.2. Learned counsel for the appellants, Sri Anurag Khanna, Advocate, seeks to challenge the aforesaid objection made by the Stamp Reporter of the Court.3. Since the aforequoted objection by the Stamp Reporter was not clear, Court sent for the Stamp Reporter Sri Harish Chandra Srivastava, who has appeared before the Court and explained the noting. It is submitted by the Stamp Reporter that the objection was made for the reason that the name of the deceased party was not to be shown in the appeal as the said party has died and of the names of the 'Legal Representative', brought on record, alone are to be mentioned in the array of parties in the memo of appeal irrespective of and not withstanding that name of original party is described with a note 'Since Dead Through Legal ...
Committee of Management, Jaribandhan Higher Secondary School and anr. ...
Court: Allahabad
Decided on: Jan-12-2004
Reported in: 2004(2)AWC1076; (2004)1UPLBEC746
M. Katju and Poonam Srivastava, JJ.1. This special appeal has been filed against the impugned judgment of a learned single Judge dated 7.11.2003. The appellant is the Committee of Management of a Higher Secondary School in District Allahabad. It was granted permission by the State Government to run classes of Science and Mathematics as compulsory subjects without aid in the year 1991. We are informed that teachers are teaching Science and Mathematics in the School from 1991 without getting Government salary. The institution is paying some meagre amount from its own resources.2. In our opinion, no educational institution should run without teaching Science and Mathematics, as these subjects are the backbone of the educational system, and they teach students to think logically. Unless the people of this country adopt the scientific approach and scientific attitude, this country will not progress and will remain backward. Science is the means of solving the country's problems, as it incul...
Chandra Prakash Ojha Vs. District Judge and ors.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: AIR2004All204; 2004(2)AWC1156
M. Katju and P. Srivastava, JJ.1. This petition furnishes a typical instance of the alarming state of affairs prevailing in the subordinate judiciary in this State.2. The petitioner had filed an application under Section 263 of the Succession Act praying for cancellation of the order granting probate. In this case altogether 90 dates were fixed by the District Judge and A.D.J., Bareilly, out of which 43 dates were fixed for final hearing. In our opinion this reveals gross negligence and utter callousness on the part of the subordinate courts. Cases are supposed to be disposed of expeditiously, but it appears that many Judges harass the litigant public by granting adjournments again and again. Whenever the litigant goes to Court he finds that another date has been fixed. In the present case, 90 dates have been fixed and yet the case has not proceeded. Annexure-3 to the affidavit in support of this application is copy of the order sheet showing the orders passed on these 90 days. Many of...
Sharad Chandra Shukla Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-12-2004
Reported in: 2004(2)AWC1055; (2004)1UPLBEC768
Umeshwar Pandey, J.1. The petitioner has approached this Court for grant of following reliefs under Article 226 of the Constitution of India :(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.1.2000 (Annexure-5 to the writ petition) and 31.10.2001 (Annexure-12 to the writ petition) passed by the respondents.(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the entire arrears with penal interest, In payment of the remaining of 25% of the salary of the entire period of suspension.(c) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the pension of the petitioner on the basis of full salary and also pay the arrear.(d) Issue a writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.(e) Award the cost of the petition to the petitioner.2. It is contended by the petitioner that while working as a Bl...
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