Allahabad Court October 2004 Judgments
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Nanhey Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-04-2004
Reported in: (2005)1UPLBEC69
Rakesh Tiwari, J.1. Heard Counsel for the petitioner and the Standing Counsel for the respondents.2. This writ petition has been filed challenging the validity and correctness of the impugned order dated 1.7.2004 (Annexure 1 to the writ petition). By the order he was informed that he would retire w.e.f. 31.7.2004 on attaining the age of superannuation, i.e., the age of 58 years in pursuance of Government Order dated 9.3.2004 and the directions contained in a letter of respondent No. 2 dated 26.3.2004 (Annexure 3 to the writ petition).3. The service conditions of the employees of each Zila Gramya Vikas Abhikaran, i.e., the District Rural Development Agency (hereinfter called as D.R.D.A.) are regulated by the Service Rules framed under Article 309 of the Constitution. Rule 12 of the Rules provide that the service conditions of the employees of Zila Gramya Vikas Abhikaran shall be the same as that of the State Government employees. The State Government by a policy decision reduced the age...
Committee of Management, Sri Krishna High School, Through Its Manager ...
Court: Allahabad
Decided on: Oct-04-2004
Reported in: 2005(1)AWC103; (2005)1UPLBEC66
Arun Tandon, J.1. Heard Sri Shashi Nandan, Senior Advocate, assisted by Sri Namit Srivastava, learned Counsel for the petitioners and learned Standing Counsel for the State-respondents. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to be passed by this Court in the present writ petition.2. The Committee of Management of Sri Krishna High School, Badaun has filed this writ petition against the notice issued by the District Inspector of Schools dated 24th September, 2004 wherein it is alleged that the petitioner had not complied with the directions issued by the District Inspector of Schools contained in the letter dated 28th October, 1993 inasmuch as necessary amendments in the Scheme of Administration have not been proposed in accordance with the provisons of Sectionl6-CC of the U.P. Intermediate Education Act, 1921 (hereinafer referred to as the Act). In view of the aforesaid, it has been directed that the petitioner may show-cause...
Nathu Ram Vs. Satya Narain
Court: Allahabad
Decided on: Oct-04-2004
Reported in: 2005(1)ARC324; 2005(1)AWC369
S.N. Srivastava, J.1. Present second appeal has been preferred impugning the Judgment and decree dated 13.4.1990, passed by lower appellate court in Civil Appeal No. 57 of 1989 dismissing suit whereby the finding of the trial courtmandating to execute the sale deed in favour of plaintiff within the time-lag as embodied in the agreement dated 26.6.1976 was reversed and Judgment and decree passed by the trial court in Suit No. 57 of 1989 was set aside.2. The factual matrix of the case as contained in the plaint is that the defendant was the owner of the shop in question situated in the town of Phaphund and according to the plaint allegations, the defendant earlier being the owner of shop, wanted to sell the said shop and with that object, entered into agreement with the plaintiff vide unregistered agreement dated 26.6.1976 subject to the postulates that the sale deed would be executed on a consideration of Rs. 15,000 ; that at the time of execution of agreement, a sum of Rs. 2,000 would ...
Commissioner of Income Tax Vs. Bhital Das Modi (indl.)
Court: Allahabad
Decided on: Oct-01-2004
Reported in: (2005)193CTR(All)574; [2005]276ITR517(All)
1. The Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as the Act), for opinion to this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the, addition of Rs.1,01,399,even though it represented unexplained cash credits and demand (sic-deemed) income under Section 68 of the IT Act, 1961 ?'.2. Briefly, stated the facts giving rise to the present reference are as follows : During the course of assessment for the asst. yr. 1976-77 the ITO in the course of examination of the assessee's books of account, noticed various deposits in the names of 108 parties. On being asked to explain the nature and source of these deposits, the respondent-assessee was unable to furnish the addresses of depositors. However, he submitted that patients used to come for treatment at his place and were required to make a deposit. Part of the deposit was adjusted towards the fee...
Rajeev Singh Vs. Chhatrapati Shahuji Maharaj University and ors.
Court: Allahabad
Decided on: Oct-01-2004
Reported in: 2005(1)AWC118
Arun Tandon, J.1. All these writ petitions raise common questions of fact and law and as such they are being decided by means of this common judgment.2. Heard Sri V.C. Mishra, senior advocate, assisted by Sri J.P. Tripathi advocate, on behalf of the petitioners, Sri U.N. Sharma, senior advocate, assisted by Sri Neeraj Tiwari advocate, on behalf of Chhatrapati Shahuji Maharaj University, Kanpur and the standing counsel on behalf of State-respondents.3. The petitioners in the aforesaid writ petitions are students who have appeared in the examinations conducted by Chhatrapati Shahuji Maharaj University, Kanpur (hereinafter referred to as the University), in respect of B.A., B.Sc. and B.Ed, course from various examination centres, for the year 2004. The basic relief prayed for in all these writ petitions is that the University may be directed to produce answer sheets of the petitioners in respect of their examinations and to declare the results of the petitioners on the basis of the origin...
Committee of Management D.A.V. Intermediate College and anr. Vs. State ...
Court: Allahabad
Decided on: Oct-01-2004
Reported in: 2005(1)AWC110; (2005)1UPLBEC985
Arun Tandon, J.1. Learned counsel for the petitioner is permitted to implead Sri Parvindar as respondent No. 4 during the course of the day.2. Heard Sri P.R. Ganguly, learned counsel for the petitioners, Sri Nitin Sharma, learned counsel for the respondent No. 4 and learned standing counsel for the respondent Nos. 1 to 3.3. It is not necessary to call for counter-affidavit from the respondents, in view of the order proposed to be passed by this Court today in the present writ petition.4. The Committee of Management of D.A.V. Intermediate College, Tateir Baghpat, which is aided institution recognized under the provisions of Intermediate Education Act through its Manager Sri Mahak Singh has filed this writ petition against the order dated 21st September, 2004, passed by the Joint Director of Education, Pratham Mandal, Meerut, respondent No. 2. The said institution is run and managed in accordance with the scheme of administration, duly approved by the Joint Director of Education. In the ...
Prabha Misra Initially Dixit (Smt.) Vs. District Judge
Court: Allahabad
Decided on: Oct-01-2004
Reported in: (2005)1UPLBEC645
Dilip Gupta, J.1. This petition has been filed under Article 226 of the Constitution of India for a direction upon the respondent to regularize the services of the petitioner and pay her salary and not to interfere with her functioning.2. The petitioner was initially appointed as a Stenographer in the Civil Courts, Kanpur Dehat on 1.4.1989 for a period of one month. It was specifically stated in the appointment letter that her services were purely temporary on ad-hoc basis and could be terminated at any time without notice. The said ad-hoc appointment was extended from time to time with breaks in between but after 31.1.1994 the petitioner was not engaged.3. Reliance has been placed on the provision of Rule 4 of the U.P. Regularisation of ad-hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 1979 (hereinafter referred to as the 'Rules') and it has been stated that ought the cut-off date was stipulated as 1.1.1977 but subsequently by means of the noti...
Commissioner of Wealth-tax Vs. Masood Halim
Court: Allahabad
Decided on: Oct-01-2004
Reported in: (2005)196CTR(All)404; [2005]275ITR14(All)
R.K. Agrawal, J.1. The Income-tax Appellate Tribunal, Allahabad, has referred the following questions of law under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for the opinion of this court :'Whether, on the facts and circumstances of the case, the Tribunal was correct in law in holding that the term 'house' will include all the unbuilt vast area of land and whether the immunity as envisaged under Section 7(4) can be given to such an unbuilt vast area of land ?'2. Briefly stated, the facts giving rise to the present reference are as follows:3. The proceedings relate to the assessment year 1976-77. The respondent-assessee owns half share in the house property known as Bashir Lodge, situated at 7/190, Swaroop Nagar, Kanpur. It is used for residential purpose. During the course of assessment for the assessment year 1976-77, a question arose as to what value should be taken for the property. It was contended for the respondent that in accordance with th...
K.K. Sharma (Sri) Vs. Sri Ravindra Nath Garg and anr.
Court: Allahabad
Decided on: Oct-01-2004
Reported in: 2005(1)ARC159; 2005(2)AWC1670
Anjani Kumar, J.1. Heard Counsel appearing on behalf of the parties.2. Smt. Sunita Agarwal, learned Counsel appearing on behalf of the respondents raised a preliminary objection regarding interference by this Court at this stage with the order impugned in the present writ petition, which is only an order declaring the vacancy. Smt. Agarwal submitted that in view of the decision reported in, 2000 (2) ARC 446, Achal Misra v. Rama Shankar Singh, particularly Paragraphs 7 and 8, which are reproduced below, wherein the Apex Court has held that in similar set of fact a revision against the order declaring the vacancy is maintainable.'7. On examination of provisions of the Act and Rules, we find that Rule 8 (2) of the Rules provides that the inspection report of the Inspector is required to be pasted on the notice board in the office of the District Magistrate for information of the general public and after the notice is pasted, a tenant or a landlord has a right to file an objection, and if ...
Vinod Kumar S/O Sri Chandra Kiran Vs. Joint Deputy Director General (D ...
Court: Allahabad
Decided on: Oct-01-2004
Reported in: [2005(104)FLR229]
Vineet Saran, J.1. Heard Sri L.C. Srivastava, learned counsal for the petitioner and Sri B.N. Singh learned counsel appearing on behalf of the respondent. 2. The petitioner was an applicant for promotion as junior Telecom officer. Out of the total number of posts of Junior Telecom officer, 50% were to be filled up by promotion and 50% by direct recruitment. Out of the quota for promotion, 35% was to be filled up from amongst technical post holders and 15% from amongst non-techinical post holders. Promotion of both the categories was to be made by selection which, in the present case, was through a written examination. The petitioner was an applicant from amongst technical post holder. For both the classic, the cut off marks for such promotion was fixed at 40% The petitioner admittedly secured 34% in the examination and hence was not selected. Since the respondents could get sufficient number of candidates from amongst the technical post holders who had secured 40% or above, hence 35% q...
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