Allahabad Court April 2004 Judgments
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Ashok Kumar Agrawal and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-23-2004
Reported in: 2004(3)AWC2471
ORDERM. Katju, J.1. This writ petition has been filed challenging the validity of Rule 29 (v) of the U. P. Motor Vehicles Taxation Rules, 1998. The petitioners have also prayed for a mandamus directing the respondents not to impose and realise additional tax from the petitioners at the rate specified in Article 5 of IVth Schedule of the U. P. Motor Vehicles Taxation Act, 1997.2. Heard learned counsel for the parties.3. The petitioners are residents of Kanpur City and their vehicles are engaged by various educational institutions in Kanpur for carrying school children to and from the institutions.4. It is alleged that the petitioners did not use their vehicles for any other purpose on the public road except for carrying students to and from the institutions.5. It is alleged in para 5 of the petition that the petitioners are not charging any fare from any individual student. The petitioners, entered into a contract with the institutions concerned on contract amount which is between 9,500...
Rama Kant Dwivedi Vs. Presiding Officer, Industrial Tribunal (i) and a ...
Court: Allahabad
Decided on: Apr-23-2004
Reported in: 2004(3)AWC2526; [2005(104)FLR6]; (2004)2UPLBEC1969
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner Rama Kant Dwivedi seeks a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the award dated 26th February, 1998, passed by the Industrial Tribunal (I), U.P., Allahabad, respondent No. 1, said to have been communicated to the petitioner vide letter dated 28th August, 1998, filed as Annexure-6 to the writ petition, and other consequential reliefs.2. Briefly stated, the facts giving rise to the present writ petition are as follows :The petitioner claims to have been appointed as a Stenographer in the establishment of the G.E.C. Alsthom India Limited, Naini, Allahabad, respondent No. 2, on 22nd March, 1992. His services came to be terminated vide letter dated 9th May, 1995, with effect from 13th May, 1995. According to him, one Arshad Ali was appointed as a Welder (Trainee) by the respondent No. 2 whose services wer...
Ram Dhyan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-23-2004
Reported in: 2004(3)AWC2559
M. Katju and R. S. Tripathi, JJ.1. This special appeal has been filed against the impugned judgment of the learned single Judge dated 10.3.2004.2. Heard Shri Ramendra Asthana learned counsel for the appellant and the learned standing counsel for the respondents.3. Shri Ramendra Asthana, learned counsel has informed that the respondent No. 4 has been served through registered post.4. There is an office report that the special appeal is not maintainable in view of the decisions of this Court in Vajara Yojna Seed Farm Kalyanpur and Ors. v. Presiding Officer, labour court-II, U. P. Kanpur and Anr., 2003 UPLBEC 496 and Sita Ram Lal v. District Inspector of Schools, Azamgarh and Ors., 1994 ACJ 180. These decisions have referred to Chapter VIII. Rule 5 of the Allahabad High Court Rules which states that an appeal lies against the judgment of a learned single Judge under Article 226 of the Constitution except when the writ petition was filed against such judgment or order or award (a) of a Tri...
Chaman Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: Apr-23-2004
Reported in: 2004(3)AWC2655
Tarun Agarwala, J.1. The landlord filed a suit before the Judge Small Cause Court for ejectment of the petitioner along with the recovery of arrears of rent and for damages for use and occupation of the premises in question from the date of the filing of the suit till the actual delivery of possession. The landlord also prayed that a decree of possession be also granted. The petitioner, who is the tenant is the premises in question, contested the suit and contended that he was not a defaulter and that he was not in arrears of rent. The petitioner also claimed the benefit of Sub-section (4) of Section 20 of the U. P. Act No. 13 of 1972, alleging that he had deposited the entire arrears of rent, etc., unconditionally.2. The trial court after determining the points in question decreed the suit of the landlord holing that the petitioner was in arrears of rent and that he had failed to pay the same within one month from the date of service of the notice of demand and determining the tenancy...
Uma Kant Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-23-2004
Reported in: 2004CriLJ4550
ORDER1. Petitioner, a detenu under the National Security Act, 1980 (hereinafter referred to as the Act), has approached this Court through this criminal misc. writ petition under Article 226 of the Constitution of India for issuance of a writ of mandamus commanding the respondents to release him on short term bail and to quash the order of the State Government dated 15-4-2004 rejecting his application under Section 15 of the Act for his temporary release.2. It appears that the petitioner has been detained under Section 3(3) of the Act for the alleged prejudicial activities by the order of the District Magistrate dated 15-3-2004 contained in Annexure-5 to the writ petition, served on him in the District Jail, Jaunpur on 16-3-2004. He thereafter filed his nomination for contesting Lok Sabha election from the Parliamentary Constituency Machchlishahr in the district of Jaunpur as a Bahujan Samaj Party candidate. He also moved an application/representation under Section 15 of the Act on 31 ...
J.P. Bajpai (Huf) Vs. Commissioner of Income Tax and anr.
Court: Allahabad
Decided on: Apr-22-2004
Reported in: (2004)188CTR(All)527; [2004]269ITR40(All)
M. Katju, J.1. This writ petition has been filed for a writ of certiorati to quash the impugned notices under Section 148 of the IT Act, dt. 27th March, 1987 and 29th March, 1988, for asst. yrs, 1978-79 and 1979-80 respectively and for quashing the notice under Section 143(2), dt. 22nd Feb., 1990.2. Heard learned counsel for the parties.3. The petitioner is an HUF which owns residential house at Etawah and receives rental income. It is alleged in para 2 of the petition that the Karta of the HUF, Mr. J.P. Bajpai is occupying the said premises for his individual use (office purpose) for which he pays Rs. 500 per month. It is alleged that the petitioner does not have any income from any other source.It is alleged in para 3 of the petition that one M/s Atul Traders which is a partnership concern in Etawah, and managed by Sri Om Prasad Purwar, fraudulently and without the consent of the petitioner started an account in the books of his firm styled as J.P. Bajpai, HUF, Etawah. It is alleged ...
Asha Jaiswal (Smt.) Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Apr-22-2004
Reported in: (2004)2UPLBEC1837
R.B. Misra, J. 1. Heard Sri Nambar Singh, assisted with Sri Sanjeev Singh, learned Counsel for the petitioner and Sri Ganga Prasad, learned Counsel for respondent No. 4 and Sri Sandeep Mukherjee, learned Standing Counsel for the State.2. With the consent of the learned Counsel for the parties, the writ petition is decided at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.3. In this petition prayer has been made for writ of certiorari quashing the order dated 19.4.2001 passed by Joint Director of Education, Varanasi Region, Varanasi whereby the respondent No. 4 Smt. Phoolpati Devi, was appointed as a lecturer in Zila Panchayat Palika Inter College, Chandauli, District Chandauli in the promotional quota treating her as a reserved category candidate.4. According to the petitioner, she was appointed on the post of Assistant Teacher, CT Grade on 11.11.1970 and the respondent No. 4 was appointed to the post of Assistant Teacher in C...
Raj Kumar and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-22-2004
Reported in: 2004(3)AWC2515; [2004(102)FLR559]
ORDERAnjani Kumar, J. 1. Heard learned counsel for the petitioner.2. The petitioner, aggrieved by an order passed by the trial court rejecting his application 71Ga and objection 77Ga.3. The petitioner raised an objection that the suit filed on behalf of Gaon Sabha cannot be filed through a private counsel who is not a penal lawyer and thus there is violation of Para 103 of the Gram Samaj Manual. The trial court accepted the plea and rejected the plaint under Order VII. Rule 11. Aggrieved thereby the plaintiff preferred an appeal before the lower appellate court. The lower appellate court reversed the order passed by the trial court and held that the suit is maintainable. Aggrieved thereby the petitioner approached this Court by means of this writ petition.4. Learned counsel for the petitioner could not demonstrate that the provision of Para 103 of Gram Samaj Manual is mandatory. In the absence of any such provision or any law the provision regarding procedure is always held to be direc...
Shakil Ahmad Siddiqui Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Apr-22-2004
Reported in: 2004(3)AWC2557; (2004)2UPLBEC2066
D.P. Singh, J. 1. Pleadings are complete and the counsel for the parties agree that the petition may be finally disposed of under the Rules of the Court.2. Heard counsel for the parties.3. Majidia Islamia Inter College, Allahabad is a duly recognised and aided college and is also a minority institution under Article 30(1) of the Constitution of India. The petitioner was appointed as an Assistant Teacher in B.T.C. grade on 23.9.1974 in the Institution. Having completed five years of satisfactory service he was given C.T. grade with effect from 24.9.1979 vide approval order of the District Inspector of Schools dated 20.11.1980. The C.T. grade was declared a dying cadre in August, 1989 and several Government orders were issued thereafter granting L.T. grade to certain teachers. It is alleged that in pursuance thereof the petitioner was also granted L.T. grade with effect from 1.1.1986 by a pay fixation order dated 18.11.1989 as the petitioner had completed five years of satisfactory servi...
Raghunandan Pandey Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Apr-22-2004
Reported in: 2004(3)AWC2535; (2004)2UPLBEC1965
Vineet Saran, J. 1. Petitioner was appointed on a class IV post on 1.12.1969 in the college of respondent No. 4. He was thereafter also confirmed in service. On a post of Assistant Clerk-cum-Librarian (a class III post) having fallen vacant in the college of respondent No. 4 on account of superannuation of the incumbent, the petitioner was promoted on such post, which, according to the petitioner, was a post falling in the quota to be filled up by promotion. The said promotion was granted to the petitioner vide order dated 13.1.1992.2. The father of respondent No. 5 was an Assistant Teacher in some other college, who had died in harness in June, 1988. The respondent No. 5 had filed an earlier writ petition with a prayer for being given appointment under the Dying-in-Harness Rules. This Court, vide its order dated 13.12.1990, disposed of the said writ petition with a direction to the District Inspector of Schools to consider his (respondent No. 5 in the present writ petition) case and g...
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