Allahabad Court July 2004 Judgments
Bhagauti Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-30-2004
Reported in: 2005(1)AWC732; (2004)3UPLBEC2175
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Bhagauti, seeks a writ, order or direction in the nature of certiorari quashing the order dated 25th August, 2003 passed by the Sub-Divisional Magistrate, Fatehpur, respondent No. 4, filed as Annexure-3 to the writ petition and other consequential reliefs. Vide order dated 25th August, 2003, the respondent No. 4 had directed for recounting of the ballot papers in the election held for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand Bhitaura, Tehsil and District Fatehpur.2. Briefly stated, the facts giving rise to the present writ petition are as follows :--Election for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand Bhitaura, Tehsil and District Fatehpur was notified. The petitioner, Kali Charan, respondent No. 5, and 16 other persons filed their nomination forms. Election was held on 20th June, 2000. Counting was held on 26th June...
Tag this Judgment!Ram Swarup Bajpayee Vs. Joint Director of Education and ors.
Court: Allahabad
Decided on: Jul-30-2004
Reported in: (2004)3UPLBEC2356
Tarun Agarwala, J.1. The petitioner has prayed for the quashing of the order dated 26.6.1999 passed by the District Inspector of Schools, Etawah, whereby his appointment on the post of Lecturer in Geography has not been approved. It transpires that a vacancy on the post of Lecturer in Geography became vacant upon the retirement of Sri Rajendra Kumar Srivastava in Sri Radha Ballabh Inter College, Phaphund, Etawah. This vacancy was required to be filled up by direct recruitment and, for this purpose, the post was notified to the Commission through the District Inspector of Schools, Etawah. Inspite of the vacancy being notified, the Commission did not make any appointment within a period of two months. Accordingly, the petitioner was appointed on an adhoc basis under Section 18 of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 and an appointment letter was given on 9.8.1991. Prior to the issuance of the appointment letter, the Committee of Management had f...
Tag this Judgment!Pt. Lashkari Ram Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Jul-30-2004
Reported in: (2004)191CTR(All)534; [2005]272ITR309(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 correct in holding that despite the inquiries made by the CIT beyond the record of assessment, the CIT was well within his jurisdiction in passing the order under Section 263 based on the record of assessment ?'2. Briefly stated the facts giving rise to the present reference are as follows :The assessee filed on 23rd Aug., 1977, a return showing income of Rs. 33, 310/- which include Rs. 28, 068/- as profit under Section 41(2) of the Act on the sale of truck No. UPL 9030. After receipt of the return the ITO made a note 'investment in new truck No. UTY 355 to be looked into' on the return and issued notice dt. 4th March, 1980, under Section 143(2) r/w Section 142(1) of the Act requiring the assessee to produce account books and bank pass b...
Tag this Judgment!Controller of Estate Duty Vs. Ram Lal Agarwal (Decd.) Through Ravinder ...
Court: Allahabad
Decided on: Jul-30-2004
Reported in: (2004)192CTR(All)66; [2005]272ITR619(All)
1. The Tribunal, Delhi, has referred the following question of law under Section 64(1) of the Estate Duty Act, 1953, 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 correct in law in holding that the amount of Rs, 55,350 should be deducted from the value of the estate ignoring the fact that the value of the house taken by the deceased from Avas Avam Vikas Parishad under the hire-purchase tenancy agreement was required to be estimated on the basis of instalment actually paid by the deceased ?'2. Briefly stated, the facts giving rise to the present reference are as follows : Shri Ram Lal Agarwal died intestate on 19th June, 1998. His son Shri Ravinder Kumar Agarwal is accountable person in this case. The deceased had taken a house from UP Avas Avam Vikas Parishad under the hire-purchase tenancy agreement for a sum of Rs. 58,000 on instalment basis. The deceased could pay only one instalment of Rs...
Tag this Judgment!Committee of Management, Sri Nehru Smarak Inter College and anr. Vs. S ...
Court: Allahabad
Decided on: Jul-30-2004
Reported in: 2004(4)AWC3674; (2004)3UPLBEC2596
Arun Tandon, J.1. Heard Sri P.N. Saxena, Senior Advocate, assisted by Sri K.P. Shukla on behalf of the petitioner, Sri P.K. Jain on behalf of the respondents Nos. 1, 2 and 3 as well as learned Standing Counsel on behalf of the respondent Nos. 4, 5 and 6.2. The Committee of Management through its Manager Sri Rajendra Singh Chauhan has filed this writ petition against an order passed by the Regional Joint Director of Education dated 13th August, 2003, whereby the Regional Joint Director of Education has held that the elections set up by the Committee of Management with Sri Surjan Singh as Manager dated 7.7.2002 were legal and valid and as such he is being recognized as the Manager, while the elections set up by the petitioner with Sri Rajendra Singh Chauhan as Manager dated 3.7.2002 are not legally acceptable.3. On behalf of the petitioner it is contended that the - Committee of Management with Sri Rajendra Singh Chauhan as Manager has been in control of the Institution since 1985 and al...
Tag this Judgment!Shyam Bahadur Vs. Bank of Baroda and ors.
Court: Allahabad
Decided on: Jul-30-2004
Reported in: (2005)IILLJ89All; (2004)3UPLBEC2622
Sunil Ambwani, J.1. Heard Sri Rakesh Pandey for petitioner. No one appears for respondents. On 18.3.2004, the Court had clarified that no further adjournment shall be granted to the respondents. The matter was, as such, heard in the absence - of Counsel for the respondents.2. The petitioner has prayed for quashing the order dated 26.5.1990 proposing to award a punishment to dismiss the petitioner from service, under Clause 19.6(a) of the Bi-partite Settlement, by the Disciplinary Authority/Regional Manager, Shahjahanpur, U.P.; and an order dated 18.8.1990 passed by the same authority imposing the punishment of dismissal without notice. An appeal lies against the order, but since the matter is pending for the last 14 years, the Court accepted the request of the Counsel for the petitioner to decide the matter finally without relegating the petitioner to the alternative remedy.3. The petitioner Shyam Bahadur (E.C. 14568), was posted as subordinate staff (Daftari) in Bank of Baroda at Shah...
Tag this Judgment!High Court Bar Association, Allahabad High Court Vs. Deputy Labour Com ...
Court: Allahabad
Decided on: Jul-30-2004
Reported in: 2004(4)AWC3755; (2005)ILLJ84All; (2004)3UPLBEC2536
M. Katju, J.1. Heard Sri Mohit Kumar learneed Counsel for the High Court Bar Association, Allahabad. None appears for respondents although the name of Sri A.S. Diwakar, has been shown in the cause list.2. This special appeal has been filed against the impugned judgment dated 7.5.2003 of the learned Single Judge which dismissed the writ petition of the High Court Bar Association challenging the order under the Payment of Gratuity Act.3. In our opinion this special appeal deserves to be allowed on the short point that the Payment of Gratuity Act, does not apply to the High Court Bar Association at all :'Section 1(3) of the Payment of Gratuity Act states : (3) It shall apply to- (a) every factory, mine, oilfield, plantation, port and railway company;(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed or were employed, on any day of the preceding twelve months...
Tag this Judgment!Mahatam Singh Vs. Uttar Pradesh State Road Transport Corporation, Thro ...
Court: Allahabad
Decided on: Jul-30-2004
Reported in: 2004(4)AWC3752; (2004)3UPLBEC2668
Tarun Agarwala, J.1. The petitioner was working-as a conductor in U.P. State Roadways Transport Corporation, Ballia. On 25.8.1988 a surprise checking Was conducted by the checking staff, headed by Assistant Regional Manager on bus No. UHN 0969. The Assistant Regional Manager found a lot of irregularities committed by the conductor. Initially the conductor refused to handover the way bill nor permitted the checking staff to check the number of passengers or the number of tickets issued to mem. The conductor also abused the Assistant Regional Manager and its checking staff. A report was submitted by the Assistant Regional Manager on the basis of which a charge-sheet dated 21.10.1992 was issued against the petitioner. The petitioner submitted a reply which was not found satisfactory and consequently an Inquiry Officer was appointed to conduct the domestic inquiry. The Inquiry Officer gave full opportunity to the petitioner to defend himself and after examining the witnesses submitted the ...
Tag this Judgment!Ram Kewal Verma and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-30-2004
Reported in: (2004)3UPLBEC2902
M. Quddusi, J.1. Heard Sri. K.D. Nag, learned Counsel for petitioners and learned Standing Counsel for the opposite parties No. 1 to 7 of both the writ petitions.2. These are two writ petitions filed by teachers of two different schools involving identical controversy; as such both the petitions are decided together,3. In both the writ petitions, the petitioners have prayed following reliefs :-(k) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay salary to the petitioners in the regular pay scale with effect from their joining.(l) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide the petitioners other consequential benefits like Group Insurance, General Provident Fund, retrial benefits etc. which are being made available to other teachers belong to privately managed High School and Intermediate College having Primary Section.(m) issue any other writ, order or direction to which this Hon'...
Tag this Judgment!NavIn Singh Vs. Smt. Jyoti Parashar and anr.
Court: Allahabad
Decided on: Jul-30-2004
Reported in: AIR2004All441; 2004(4)AWC3239
ORDERAshok Bhushan, J.1. Heard Shri Y.K. Sinha, learned counsel for the petitioner and Shri Madhav Jain for respondent No. 1.2. This writ petition has been filed by the petitioner challenging two orders dated 31-5-2004 passed by Judge Family Court, Agra in Misc. Case No. 15 of 2004, Smt. Jyoti Parashar v. Navin Singh.3. By first order dated 31-5-2004 the Judge Family Court has rejected the application of the petitioner filed under Order VII, Rule 11 Code of Civil Procedure. By second order of the same date application filed by respondent No. 1 under Section 12 of Guardians And Wards Act, 1890 was allowed by which respondent No. 1 prayed for interim custody of minor Nick Singh. Both the orders have been passed on application filed by respondent No. 1 hereinafter referred to as respondent under Section 25 of Guardians And Wards Act, 1890 praying for direction to the petitioner the husband to hand over custody of Master Nick Singh hereinafter referred to as child.4. Brief facts of the cas...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »