Allahabad Court November 2004 Judgments
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Gokulesh Sharma Vs. Deputy Inspector General and ors.
Court: Allahabad
Decided on: Nov-19-2004
Reported in: 2005(1)ESC577
Sunil Ambwani, J.1. Heard Sri Ashok Khare, Senior Advocate for the petitioner and Sri K.C. Sinha, Senior Standing Counsel, Central Government for respondents.2. By this writ petition, the petitioner has prayed for quashing order dated 31.12.1997, passed by the Commandant, Central Industrial Security Force (CISF), Indian Oil Corporation, Mathura Refinery, Mathura; the order dated 15.9.1998 passed by Deputy Inspector General, North Zone, CISF, New Delhi, and to reinstate him on the post of Constable in CISF with all consequential benefits.3. The petitioner was recruited as Constable in CISF on 29.5.1983. While he was posted at Mathura Refinery, Mathura, by an order dated 2.4.1997, he as transferred and posted to Firoze Gandhi Thermal Power Project, Unchahar. The petitioner made a representation to the Inspector General, North Zone, CISF, on which a direction was issued by the Inspector General, North Zone to Deputy Inspector General, North Zone, CISF by a wireless message dated 17.4.1997...
Lourdes Convent Girls Higher Secondary School and anr. Vs. Surat Ram
Court: Allahabad
Decided on: Nov-19-2004
Reported in: 2005(1)ESC1
Sunil Ambwani, J.1. Heard Sri Ashok Kumar Gaur learned Counsel for appellants and Sri K.S. Rathore learned Counsel for plaintiff-respondent.2. The substantial questions of law raised for consideration in this Second Appeal is whether a suit to declare the order of termination of an employee of a minority educational institution as void and inoperative and for reinstatement is maintainable, in Civil Court; and whether the services of the respondent as an employee could be enforced on the institution by a decree of permanent injunction.3. The facts giving rise to this Second Appeal are that the plaintiff was employed as a Chowkidar in Lourdes Convent Girls Higher Secondary School, Ghazipur defendant No. 1 of which defendant No. 2 is the Principal. He was confirmed in the service six years before the filing of the suit. The School was recognized and was paying the salary of the teachers and other employees from the grant-in-aid given to the school by the State Government and disbursed thr...
Union of India (Uoi) and ors. Vs. Kamla Prasad Tiwari and anr.
Court: Allahabad
Decided on: Nov-19-2004
Reported in: 2005(1)ESC291
1. Heard Sri Satish Chaturvedi, learned Counsel for the petitioners and Sri K.K. Mishra, learned Counsel for the Respondent No. 1.2. The Respondent No. 1 was an employee in the Accountant General Office. He retired from service on 30.6.1995. On 1.7.1995, he wrote a letter in the fake name of S.D. Tripathi, A.A.O. to the Chief Medical Officer, Shahjahanpur informing him that audit of office of Chief Medical Officer, Shahjahanpur shall be conducted from 4.7.1995 to 7.7.1995 for which the records should be kept ready. Though the Respondent No. 1 was a retired person even then the audit was done by him alongwith another person named Sanjay Tiwari. Information of the aforesaid unauthorised audit of the office of Chief Medical Officer, Shahjahanpur was given to the Deputy Accountant General (Inspection Civil). Action was taken against the Respondent No. 1 who was charge-sheeted and a show cause notice was issued to him and his pension was deducted by order of the competent authority. An appe...
The Commissioner of Income Tax Vs. Smt. Sureshini Mittal
Court: Allahabad
Decided on: Nov-19-2004
Reported in: [2005]277ITR88(All)
P. Krishna,J. 1. The Income Tax Appellate Tribunal at the instance of the Commissioner of Income Tax, Agra has referred the following question of law under Section 256(1) of the Income Tax 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 right in holding that the income from letting out of a cinema hall ( Sant Talkies) together with the machinery therein was rightly assessable in the hands of the assessee under the head 'Income from Business' in the light of the fact that letting out of the machinery was inseparable from the letting out of the Cinema Hall?' 2. The assessment year involved in the present reference is 1981-82. The brief facts of the case are as follows:- The assessee respondent derived income from a picture hall namely Sant Talkies. She became the owner of the Sant Talkies w.e.f. 31st July 1979. Earlier Sant Talkies was property of a partnership firm namely Surendra Ku...
Deen Dayal Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-19-2004
Reported in: 2005(3)ESC1814
Devi Prasad Singh, J.1. Heard Shri Amit Bose learned Counsel for the petitioner as well as Shri Shatrughan Choudhary learned Standing Counsel. Question of law involved in the present writ petition is as to whether under Regulation 497 of the U.P. Police Regulations a suspended employee shall be entitled to continue only at his place of posting by residing in police line of the district concerned and cannot be transferred to other place And under what circumstances this Court can interfere with the quantum of punishment awarded by the disciplinary authority Whether the services of an employee can be dismissed on account of unauthorised absence and non-compliance of a transfer order 2. Petitioner was a Police Constable. In the year 1988 he was posted in the 32nd Battalion of PAC at Lucknow. Against the petitioner a First Information Report was lodged on 30.12.1988 on the ground that petitioner had refused to perform patrol duty while posted at Katra Bijan Beg, Police Station Chowk Luckno...
Barco Electronic Systems (P) Ltd. Through Its Manager (Finance) Sri So ...
Court: Allahabad
Decided on: Nov-19-2004
Reported in: (2008)11VST277(All)
M. Katiu, A.C.J.1. This writ petition has been filed for a writ of mandamus restraining the respondent No. 3, Deputy Commissioner (Assessment), Trade Tax, NOIDA from levying sales tax on electronic video projectors and electronic data projectors under entry 'cinematographic equipments including cameras, projectors and sound recording and reproducing equipments, lenses, films and films strips...'. The petitioner has also prayed for a mandamus restraining the respondent No. 3 from imposing, realizing or recovering trade tax on the electronic goods sold by the petitioner in excess of 8%. The petitioner has also prayed for a writ of certiorari to quash the impugned order dated 28.2.2003 Annexure 6 to the writ petition insofar as it relates to imposition of trade tax at 15% on electronic video projectors and electronic data projectors.2. We have heard the learned counsel for the parties. We have also perused the counter and rejoinder affidavits.3. The petitioner is a private limited company...
Ajay Kumar Sinha Vs. High Court of Judicature at Allahabad and ors.
Court: Allahabad
Decided on: Nov-17-2004
Reported in: 2005(1)ESC43; (2005)1UPLBEC306
B.S. Chauhan, J. 1. This writ petition has been filed for quashing the communications dated 26.5.2003 and 19.3.2004 by the Joint Registrar of the High Court, Allahabad. By the first communication, it has been informed to the petitioner that his representation against the adverse entry of censure has been rejected by the Administrative Committee of the Court, while by the second communication, he has been informed that the second representation/memorial against the adverse entry has been rejected as not maintainable.2. The facts and circumstances giving rise to this case are that the petitioner, an officer of the UP. Higher Judicial Service, has been given the censure entry for the year 1999-2000 for not furnishing correct information in the self-assessment form for the purpose of recording A.C.Rs. and for retaining the files in bail matters after granting bail to the accused persons, for about a month, and because of not sending the files to the office, persons who had been granted bai...
Rafique UddIn and ors. Vs. A.D.J. (Court No. 1) and anr.
Court: Allahabad
Decided on: Nov-17-2004
Reported in: 2005(1)ARC149; 2005(1)AWC322
S.N. Srivastava, J.1. Petition in hand has its genesis in the impugned order dated 10.10.2003, passed in Civil Appeal No. 276 whereby Application No. 269C under Order XLI, Rule 27, C.P.C. and application No. 296C for amendment in the written statement have been rejected by the lower appellate court.2. It would appear from the record that Suit No. 912 of 1990 was instituted by respondent No. 2 for the relief of permanent injunction. The aforestated suit culminated in being decreed and this led to filing of appeal before the lower appellate court. During pendency of appeal, the petitioners preferred application Nos. 269C under Order XLI, Rule 27, C.P.C. and 296C for amendment in the written statement. The aforestated applications came to be rejected by means of impugned order dated 10.10.2003 and it is in the above backdrop that the present petition has been instituted for the relief of writ of certiorari quashing the impugned order.3. I have heard learned counsel for the parties at leng...
U.P. State Road Transport Corporation and anr. Vs. Sheo Nath Awasthi a ...
Court: Allahabad
Decided on: Nov-17-2004
Reported in: 2005(1)ESC553; (2005)1UPLBEC661
V.C. Misra, J.1. Heard Sri Sameer Sharma, learned Counsel for the petitioner and Sri B.N. Singh, learned Counsel for the respondents are present.2. This writ petition has been filed challenging the impugned order dated 24.2.1992 (Annexure No. 2 to the writ petition) mainly on the ground that the impugned award of the Labour Court, is perverse illegal and erroneous, because the Labour Court grossly erred not considering the fact that the erring workman conductor had not made entries in the way-bill and left it blank and admittedly there was one person, who was found travelling without ticket; whose ticked was made by checking authority along with the penalty, and that the Labour Court had wrongly not relied upon the statement of Sri V.V. Singh, the Traffic Superintendent on the ground that other authorities who had checked and allegedly issued the ticket and signed the document, had not been produced, as witness in support this case.3. Learned Counsel for the petitioner has relied upon ...
Lallan Singh Vs. the Presiding Officer, Labour Court and ors.
Court: Allahabad
Decided on: Nov-17-2004
Reported in: [2005(104)FLR1192]; (2005)1UPLBEC592
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This petition arises out from the award dated 31.10.2001 passed by the Labour Court, U.P,, Allahabad in Adjudication Case No. 4 of 1997, The impugned award was enforced by publication on the Notice Board on 16.1.2002.3. The facts of the case are that the workman-petitioner was appointed on the post of conductor on 13.11.73 in the Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the UPSRTC). He was dismissed from service on charges of misconduct of carrying passengers without tickets by order dated 31.10.1994.4. The State Government referred the following matter of dispute to the Labour Court, U.P., Allahabad with regard to the petitioner which reads as Under:^^D;k lsok;kstdksa }kjk lacaf/krJfed Jh yYyu flag iq= LoO jkenkl flag dh lsok;sa fnukad 31-1-1994 lekIr dj fn;ktkuk mfpr rFkk@vFkok oS/kkfud gS ;fn ugha rks lacaf/kr Jfed D;kfgrykHk@vuqrks'k ikus dk vf/kdkjh gS ,oa fdl vU; fooj.k l...
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