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Allahabad Court July 2004 Judgments

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Jul 30 2004

Bharat Pump and Compressors (Government of India Enterprises) Vs. Jagd ...

Court: Allahabad

Decided on: Jul-30-2004

Reported in: (2004)3UPLBEC2848

Umeshwar Pandey, J.1. By filing this intra Court appeal, the respondent has challenged the judgment and order dated 4.3.2004 of the learned Single Judge passed in Civil Misc. Writ Petition No. 18891 of 1988.2. The brief facts giving rise to this appeal arc that the petitioner-respondents while presenting the writ petition before the learned Single Judge had prayed for issue of a writ in the nature of mandamus commanding the respondent to pay the petitioners the pay scale of Rs. 665-22-1017, as it had been granted in the case of similarly situated typists recruited and appointed prior to 8.3.1976 in the respondent company-M/s. Bharat Pump & Compressors Ltd. It is contended that in Writ Petition No. 5557 of 1981, certain typists had made their prayers before this Court challenging their placement in the lower pay scale of the typist and had further prayed for their placement in the higher pay scale granted to other typists appointed before 8th March, 1976. The aforesaid Writ Petition was...


Jul 30 2004

Bua Ram Shukla and ors. Vs. District Inspector of Schools and ors.

Court: Allahabad

Decided on: Jul-30-2004

Reported in: (2004)3UPLBEC2865

Arun Tandon, J.1. Heard Sri. N.C. Tripathi on behalf of the petitioner, Sri Ashok Misras on behalf of alleged elected Manager of the Committee of Management of Tyagi Inter College, Aianchwara, district Chitrakoot and learned Standing Counsel on behalf of respondents 1, 2 and 3. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to the passed in the present writ petition.2. The petitioners who are three in number have tiled this writ petition for a writ of certiorari quashing the election programme published by the Prabandh Sanchalak, namely Sri Pushpendra Singh, Principal Government Inter College, Bargarh, district Chitrakoot, respondent No. 5, for the purposes of holding elections for constituting the Committee of Management for Tyagi Inter College. Aianchwara, district Chitrakoot.3. This Court while entertaining the writ petition on 28.6.2004 passed and order that the elections pursuant to the notice dated 23.6.2004 (Annexure 9 to the...


Jul 30 2004

Gulab Chand Verma Vs. Badri NaraIn Mishra

Court: Allahabad

Decided on: Jul-30-2004

Reported in: AIR2005All133; 2004(3)AWC3744

S.U. Khan, J.1. In this writ petition at the time of argument no one appeared for tenant-respondent hence only learned counsel for the landlord petitioner was heard.2. Shri Rajendra Kumar, advocate had filed caveat on behalf of respondent. On 18.11.2003 he prayed for and was granted three weeks time for filing counter-affidavit. By the same order dated 18.11.2003 it was directed that the case should be listed for admission/final disposal in the week commencing 12.1.2004. No counter-affidavit has been filed.3. Landlord-petitioner filed SCC suit No. 6 of 1986 against tenant-respondent for ejectment from the property in dispute and recovery of arrears of rent. J.S.C.C./Civil Judge (SD), Ghazipur through judgment and decree dated 3.1.2000 decreed the suit for the reliefs claimed in the plaint. Tenant-respondent filed revision against the said judgment and decree being SCC revision No. 1 of 2000. 1st Addl. District Judge, Ghazipur through judgment and order dated 7.11.2003 allowed the revis...


Jul 30 2004

Rahmatullah and ors. Vs. Civil Judge (Senior Division) and ors.

Court: Allahabad

Decided on: Jul-30-2004

Reported in: 2004(4)AWC3768

B.S. Chauhan, J.1. Dr. B. S. Chauhan, J.-This writ petition has been filed for prohibiting the respondent No. 1, the learned Civil Judge (Senior Division), Mathura to proceed with the Suit 1165 of 2003, Vijay Kumar Seth v. Rahmatullah and Ors., and for quashing the proceedings of the said suit.2. Facts and circumstances giving rise to this case as stated by the petitioners are that the plaintiff- respondent Nos. 2 and 3 instituted a civil suit on 24.12.2003 for restraining the defendant petitioners from doing any kind of destructive activity and taking forcible possession of the land in dispute or interfering, in any manner, in peaceful possession of their enjoyment. The suit is pending. Petitioners had earlier filed Writ Petition No. 38215 of 2003 which was disposed of by this Court vide order dated 4th September, 2003 prior to institution of the said suit, wherein it had been submitted before us that the land in dispute belonged to them but the District Authorities had taken its poss...


Jul 30 2004

Smt. Manju Keshi Dixit Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jul-30-2004

Reported in: 2004(3)AWC3758

R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner, Smt. Manju Keshi Dixit, seeks a writ, order or direction in the nature of certiorart quashing the order dated 5th April, 2003 passed by the Regional Deputy Director of Education, Agra, respondent No. 1, filed as Annexure-1 to the writ petition, and other consequential reliefs.2. Briefly stated, the facts giving rise to the present writ petition are as follows :In the district of Hathras, there is an Intermediate College, known as Surjo Bai Inter College (hereinafter referred to as 'the College'). It is recognised under the provisions of the U. P. Intermediate Education Act, 1921. However, It receives grants from the State Government upto High School only. According to the petitioner, she Is working as Assistant Teacher L.T. grade to teach only In the High School classes in the aforesaid College. There was some dispute regarding the nature of her appointment which wa...


Jul 30 2004

New India Assurance Company Ltd. Vs. Janardan Mishra and ors.

Court: Allahabad

Decided on: Jul-30-2004

Reported in: III(2004)ACC468; 2005(1)AWC750

Tarun Agarwala, J. 1. The respondent's son had died in an accident and accordingly, he moved an application for compensation under the Motor Vehicles Act. During the pendency of the proceedings the matter was taken up by Lok Adalat and the Court passed an order dated 29.3.1987, stating therein that the parties agreed that the compensation would be fixed at Rs. 17,000 and that this amount would be paid to the plaintiff only when the owner of the vehicle files a valid driving licence to the satisfaction of the counsel for the Insurance Company. The Court directed that the compensation amount would be paid within one month from the date of filing of the licence and in case the licence was not filed, the claim against the Company would be dismissed.2. It transpires that the owner of the vehicle and the Insurance Company connived with each other and on the pretext that the driving licence was not filed by the owner, the Insurance Company did not pay the compensation amount to the claimant. ...


Jul 30 2004

Committee of Management of ValiuddIn Inter College Vs. State of U.P. a ...

Court: Allahabad

Decided on: Jul-30-2004

Reported in: 2005(2)AWC1767

ORDERN.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of mandamus commanding the opposite parties to allow the petitioner Institution to get the Intermediate Board Examination Form for the year 2005 completed in respect of those students who have been imparted education in additional subjects Science Group by depositing additional fee as per the previous practice and to grant the permission to the petitioner Institution to run the classes of additional subjects Science Group.2. The learned standing counsel instead of filing counter-affidavit has argued that there is no illegality in the Government policy as contained in the impugned Government order and it has been issued to prevent violation of the provisions of Intermediate Education Act. At the same time the learned standing counsel has pointed out that in Civil Misc. Writ Petition No. 25133 of 2004, Namrata Sharan v. Secretary, Board of High School and Intermediate Education, U. P. Allahabad and Ors., this Co...


Jul 29 2004

Commissioner of Income Tax Vs. Mool Chand Shyam Lal

Court: Allahabad

Decided on: Jul-29-2004

Reported in: (2004)190CTR(All)332; [2005]273ITR160(All)

1. The Tribunal, Delhi, has referred the following question of law under Section 256(2) of the IT Act (hereinafter referred to as the Act) for opinion to this Court :'Whether, on the facts and circumstances of the case, the Tribunal was justified in reviewing its earlier order.'2. Briefly stated, the facts giving rise to the present reference are as follows :The respondent-assessee is a registered firm. The year of assessment involved is 1973-74, for which the previous year ended 5th Nov., 1972. The ITO in the course of the assessment proceedings noticed that the assessee had claimed a sum of Rs. 94,232 under the head 'stores account'. The ITO after scrutinizing the stores account found that a sum of Rs. 2,34,479 was debited under this head. As against this, the assessee had credited a sum of Rs. 35,624 as closing stock and Rs. 4,623 as sales of certain items of stores. The ITO also found that under this head the assessee had made substantial claims for purchases of spare rolls and kal...


Jul 29 2004

Mahendra Nath Dubey Vs. Pramukh Abhiyanta (Engineer-in-chief), Lok Nir ...

Court: Allahabad

Decided on: Jul-29-2004

Reported in: (2004)3UPLBEC2521

Devi Prasad Singh, J.1. Heard the learneed Counsel for the parties.2. With the consent of parties, I proceed to decide the writ petitions by a common judgment as the facts and issue in petitions are same.3. The factual matrix of the case is that the petitioner was working on the post of Junior Engineer in Lok Nirman Vibhag. On 20th March, 1991, the petitioner was suspended for certain charges. A charge-sheet was served on the petitioner on 1st of July, 1991 and the enquiry report was submitted on 19.10.1999. According to the enquiry report, charges were not found to be proved. Accordingly, the Government had revoked the order of suspension by order dated 9.11.1992 and later on the petitioner was exonerated from the charges levelled against him by the order dated 28th September, 1993. Copy of the order dated 28th September, 1993/ has been filed as Annexure-3 to the writ petition. Thereafter, the petitioner was retired from the service on.31st January, 1998. After retirement from the ser...


Jul 29 2004

Surendra Nath Singh Vs. U.P. Secondary Education Service Commission an ...

Court: Allahabad

Decided on: Jul-29-2004

Reported in: (2004)3UPLBEC2727

M. Katju, J.1. This special appeal has been filed against the impugned judgment of the learned Single Judge dated 21-5-2004.2. We have heard learned Counsel for the parties.3. The appellant filed a writ petition praying for quashing the selection dated 3-8-96 made by U.P. Secondary Education Service Commission, Allahabad for the .post of Principal in Krishak Inter College, Thana Gaddi, District Jaunpur and other consequential relief.4. The facts of the case have been set out in detail in the judgment of the learned Single Judge and hence we are not repeating the same, except where it is necessary to deal with the submissions of the learned Counsel.5. The appellant was appointed as officiating Principal of the College by the resolution of the Committee of Management dated 29-6-94 and his signature was attested by the DIOS vide order dated 13-7-94, which, has been the subject matter of challenge in Civil Misc. Writ Petition No. 14984 of 1994 filed by one Raj Pal Singh.6. The Committee of...


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