Allahabad Court February 2004 Judgments
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Maa Sharda Maha Vidyalaya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-09-2004
Reported in: (2004)1UPLBEC784
Vineet Saran, J.1. All these writ petitions raise common questions of facts and law and thus, they have been taken up and heard together. The dispute relates to the fixing of the Management quota for admissions in private unaided professional educational institutions and the fee to be charged by them. It may be clarified at the threshold that the question of the Management quota and fee structure to be charged, which is being considered by this Court, is only with regard to the Academic Session 2003-04. As regards the subsequent years, the fee and quota would be determined as per the guidelines issued by the Supreme Court in matters concerning this issue.2. A brief background of the dispute may first be considered before the facts of these cases are dealt with. The question of admission and the fee structure in private unaided professional educational institutions (alongwith other educational institutions) has been a subject nattier of dispute for the last several years and has been ta...
Committee of Management, Meerut Collegiate Association Vs. Presiding O ...
Court: Allahabad
Decided on: Feb-09-2004
Reported in: 2004(3)AWC2070; 2005(3)ESC1900
Arun Tandon, J.1. This petition is being taken today with the consent of the parties for final hearing.2. The Committee of Management Meerut Collegiate Association, Meerut through its Manager has filed the present writ petition against the award of the labour court dated 28th September, 1985 passed in Adjudication Case No. 1985 as also against the recovery proceedings initiated against the petitioner in pursuance of the aforesaid award, being recovery certificate dated 15th September, 1989 and demand notice dated 18th December, 1989.3. Heard Sri P.K. Jain, appearing on behalf of the petitioner and Sri Vivek Chaudhary appearing on behalf of the respondent No. 5 and learned standing counsel appearing on behalf of respondent Nos. 1 to 4.4. Respondent No. 5 Sri Bhagwan Singh was appointed as Peon by the Principal of the institution on 23rd August, 1978 (copy of the appointment letter has been filed as Annexure-1 to the writ petition). The said letter issued by the Principal of the institut...
State of U.P. and anr. Vs. Kamal Mustafa Khan and ors.
Court: Allahabad
Decided on: Feb-09-2004
Reported in: 2004(3)AWC2192
M. Katju and R. S. Tripathi, JJ.1. This appeal has been filed after a delay of 385 days against the judgment and decree of the learned District Judge, Bulandshahr dated 27.10.1995 in Land Acquisition Reference No. 266 of 1992.2. It has been stated in para 3 of the affidavit in support of the delay condonation application that certified copy of the judgment and decree dated 27.10.1995 was applied on 19.1.1996, and thereafter opinion from the D.G.C. (Civil) was sought vide letter dated 19.1.1996 (vide Annexure-1 to the affidavit).3. Opinion of the D.G.C. (Civil), Bulandshahr was received on 14.2.1996. After receipt of the opinion of the D.G.C. (Civil) the Special Land Acquisition Officer, Bulandshahr wrote a letter on 14.2.1996 to the Executive Engineer Temporary Division, P.W.D. Department, Bulandshahr to file an appeal against the judgment and decree dated 27.10.1995 (vide Annexure-2 to the affidavit).4. It is alleged in para 6 of the affidavit in support of the delay condonation appli...
Km. Lata Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-09-2004
Reported in: 2004(4)AWC3409; [2004(102)FLR29]
N.K. Mehrotra, J.1. This is a writ petition under Article 226 of Constitution of India for issuing a writ of certiorari quashing the impugned order dated 27.10.2003 passed by the State Government as contained in Annexure-1 to the writ petition and for a writ in the nature of mandamus directing the opposite parties to appoint the petitioner on suitable post under Dying-in-Harness Rules. The petitioner has further prayed for issuing a writ in the nature of mandamus directing the opposite parties to pay the dues of the father of the petitioner like arrears of salary in new pay scale, leave encashment of 65 days, arrears of House Allowance, G.P.F., Gratuity and other dues to the petitioner.2. The case of the petitioner is that her father was working as Junior Engineer in U. P. Jal Nigam and he was posted at Kashipur in district Nainital. The father of the petitioner died in harness on 9/10.6.1982 in a road accident. The mother of the petitioner also died in the said accident. The petitione...
Cit Vs. Devidayal Aluminium Industries
Court: Allahabad
Decided on: Feb-09-2004
Reported in: [2004]141TAXMAN289(All)
ORDERWe have heard Sri A.N. Mahajan learned counsel for the applicant and Sri Piyush Agarwal learned counsel for the respondents.2. Additional depreciation of Rs. 33,899 on the cost of computer was allowed to the assessee by the Assistant Commissioner of Income Tax under section 143(3) of the Income Tax Act. Subsequently he by order dated 9-3-1989 rectified the mistake under section 154 of the Income Tax Act on the ground that the mistake was apparent from the record and withdrew the investment allowance and depreciation on care and computer. This order was challenged by the assessee before the Commissioner of Income Tax who allowed the appeal on 17-6-1991. The department filed an appeal before the Income Tax Appellate Tribunal that had been dismissed on 26-7-1996. This Income-tax application has been filed under section 256(2) of the Act.3. The application filed by the department under section 256(1) of the Act had been dismissed by the Tribunal. The department filed an application un...
Ramesh Kumar Karnwal Vs. Asstt. Dy. Cit
Court: Allahabad
Decided on: Feb-09-2004
Reported in: [2004]141TAXMAN306(All)
ORDERWe have heard Sri K.K. Tiwari holding brief of Sri K.D. Tiwari learned counsel for the petitioner and learned standing counsel appearing for the respondents.2. The petitioner is a practising Ayurvedic Chikitsak and he had made a gift of Rs. 3 lacs to his daughter-in-law. The respondents have issued a notice to the petitioner under section 148 on 20-2-2003.3. We are not inclined to interfere at this stage. As the proceedings are pending before the respondents, the petitioner may submit his reply and place his claim before the respondents.4. The writ petition fails and is accordingly dismissed....
Dr. Mrs. Anita Sahal Vs. Director of Income-tax (investigation) and or ...
Court: Allahabad
Decided on: Feb-06-2004
Reported in: (2004)189CTR(All)79; [2004]266ITR597(All)
M. Katju, J.1. Heard learned counsel for the parties.2. The petitioners in both the aforesaid petitions are husband and wife and are both doctors. Dr. Mrs. Anita Sahai is a gynaecologist running a maternity centre by the name of Manavi Women Clinic and Maternity Centre at B-237, Sector 19, Noida, Dr. Shard B. Sahai, her husband, is a qualified radiologist and is running a diagnostic centre in the name and style of Transmed Diagnostics at A-759, Sector 19, Noida, which is also the residence of both the petitioners.3. The petitioners have challenged the validity of the warrant of authorisation under Section 132(1) of the Income-tax Act, 1961, and the initiation of block assessment proceedings, by issue of notice under Section 158BC of the Act by respondent No. 5, and continuation thereof by respondent No. 6 by issue of notice dated October 26, 2002, under Section 142(1) of the Act.4. The facts of the case are that on March 19, 2002, at about 8.00 a.m. the respondents authorities their of...
U.P. State Road Transport Corporation Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-06-2004
Reported in: 2004(2)AWC1436; [2004(102)FLR17]
Dilip Gupta, J.1. By means of the present petition, the petitioner has challenged the award of the Labour Court dated 26.8.1991 and also the order dated 21.4.1987 by which the Labour Court has condoned the delay.2. I have heard the learned counsel for the petitioner Sri Samir Sharma at length.3. By means of the order dated 25.2.1976 the temporary services of the respondent workman were terminated on the ground that they were no longer required. The appeal filed by the respondent workman before the Regional Manager was also rejected by order dated 14.4.1977. An application dated 8.10.1986 was filed by the respondent workman before the Regional Conciliation, Officer to which an objection was raised by the petitioner regarding the delay of about more than 10 years in filing the application before the Regional Conciliation Officer but by means of the order dated 21.4.1987 the Regional Conciliation Officer condoned the delay in filing the application. In paragraph No. 11 of the writ petitio...
New India Assurance Co. Ltd. Vs. Shamiullah Khan and anr.
Court: Allahabad
Decided on: Feb-06-2004
Reported in: 2004(2)AWC1300
Prakash Krishna, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act at the instance of the Insurance Company against the injured respondent No. 1 contending that the judgment and award of the Commissioner of Workmen's Compensation Act dated 26th of April, 1994 passed in W.C. Case No. 22 of 1992 is not correct. In the memo of the appeal only two grounds have been taken. It was contended that the medical opinion clearly proved that the injury received by the respondent No. 1 caused 40% disability, the Tribunal committed illegality in awarding the compensation treating the said injury has caused 100 per cent disability. The second ground raised is that the Tribunal committed illegality in granting the compensation without deducting the monthly earning Rs. 600 which was admittedly being earned by the respondent No. 1 after the accident. The Workmen's Compensation Commissioner has awarded a sum of Rs. 81,740 as compensation treating the injury caused to the respondent...
Rahul Narayan Rai Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Feb-06-2004
Reported in: 2004(2)AWC1325
R.B. Misra, J.1. Heard Sri Neeraj Tiwari learned counsel for the petitioner and Sri D. S. M. Tripathi learned counsel for the respondent Nos. 4, 5 and 6 as well as Sri S.S. Sharma, learned standing counsel for the respondent Nos. 1 to 3.2. In this petition prayer has been made to quash the orders dated 21.9.2000 and 4.10.2000 (Annexures-9 and 10 to the writ petition respectively) whereby the petitioner appointed on compassionate ground was shifted to some other place and was released to proceed to resume charge on the new place of transfer.3. With the consent of the learned counsel for the parties, this writ petition is disposed of finally at this stage in reference to second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.4. According to the petitioner his father Sri Abhai Narayan Rai was appointed as Assistant Teacher in Shree Udia Baba Uchchattar Madhyamik Vidyalaya', Baijal Patti, Harhua, Varanasi a recognised institution under U. P. Intermediate Education...
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