Allahabad Court January 2005 Judgments
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Gazanand Sharma Son of Chandra Deo Sharma Vs. 11th Additional District ...
Court: Allahabad
Decided on: Jan-24-2005
Reported in: 2005(3)AWC2143
Arun Tandon, J.1. Heard Sri Arvind Srivastava on behalf of the petitioner and Sri Navin Sinha Senior Advocate, assisted by Sri Yashwant Verma, on behalf of the respondent.2. Petitioner Sri Gazanand Sharma, who was employed as Junior Account Officer in the employment of Hindustan Coca-Cola Beverages Pvt. Ltd., Sigra, Mahmoorganj Road, Mahmoorganj, district Varanasi, filed Original Suit No. 807 of 2001. The relief prayed for in the said suit read as follows:-'a) That by means of a decree of permanent prohibitory injunction, the defendant, their servants, officers and representatives be restrained from putting any obstruction, interference in the working and functioning of the plaintiff as Manager Finance in the factory of defendant No. 1 and they be also restrained from dismissing, terminating, removing the plaintiff from his service without complying the principle of natural justice, any style of manner. b) That by means of a decree of permanent mandatory injunction, the defendant be di...
Lal Singh Son of Sri Dan Raj Singh Vs. State of U.P. Through the Secre ...
Court: Allahabad
Decided on: Jan-24-2005
Reported in: 2005(2)ESC1108
D.P. Singh, J.1. Pleadings are complete and the counsels for the parties agree that the petition may be finally disposed off under the Rules of the Court.2. In pursuance of an advertisement, the petitioner applied in Subordinates Service Examination, 1995 held by Uttar Pradesh Subordinates Selection Commission (here-in-after referred to as Commission). The said examination was held for nine posts and the candidates were to give three preferences wherein the petitioner gave his preference to the post of Deputy Jailor, Naib Tehsildar and Assistant Consolidation Officer, in that order. The results of the examination were declared on 19.3.1997 and in consonance with the marks obtained by the petitioner, he was recommended by the Commission for appointment to the post of Deputy Jailor, However, during the medical examination, the petitioner was found lacking in height, therefore, vide letter dated 9.7.1997. the Additional Inspector General (Prison) informed the Commission and the petitioner...
Committee of Management, Shri Chameli Devi Khandelwal Girls Inter Coll ...
Court: Allahabad
Decided on: Jan-24-2005
Reported in: 2005(1)ESC615
V.K. Shukla, J.1. Committee of Management, Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, through its Manager Smt. Ratan Prabha Khandelwal, is assailing the validity of the order dated 21.6.2004 passed by U.P. Secondary Education Service Selection Board, Allahabad, rejecting the resolution of dismissal forwarded by the Managing Committee of the institution qua Km. Sarojini Barsol, Principal of the institution.2. Brief facts, as mentioned in the writ petition, is that in the district of Mathura, there is an institution known as Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, the affairs of which are run and managed as per provisions contained under U.P. Intermediate Education Act, 1921, and the Regulations framed thereunder, and as per provisions contained under U.P. Secondary Education Service Selection Board Act, 1982. In the institution concerned, Km. Sarojini Barsol had been discharging her duties as lecturer and subsequently, s...
Navrangi Devi Pal (Smt.) and ors. Vs. the Chief Medical Officer and or ...
Court: Allahabad
Decided on: Jan-24-2005
Reported in: 2005(3)ESC1647; (2005)2UPLBEC1605
Sunil Ambwani, J.1. Heard learned Counsel for petitioners and learned Standing Counsel.2. All the petitioners are serving as Matron, Sisters, Staff Nurse under the Directorate of Medical & Health Services, U.P. By the impugned orders, all the petitioners have been transferred within the City of Varanasi from one hospital to another. These orders have been issued in pursuance of the direction of this Court in Civil Misc. Writ Petition No. 37729 of 2004, between Rakesh Kumar Singh and State of U.P. & others decided on 16.9.2004 as well as in pursuance of the transfer policy of the State Government.3. It was found by this Court in Contempt Petition No. 820 of 2002, between Rajesh Kumar Srivastava and A.P. Verma and others, that the Medical & Health Services provided by the State Government in the State of U.P. have totally collapsed. One of the main reasons was that the doctors and para medical staff were serving at a particular place for decades and thus a direction was issued on 28.1.20...
JaIn Coal Traders Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Jan-24-2005
Reported in: (2007)10VST694(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') is directed against the order of the Tribunal dated April 22, 1996 relating to the assessment year, 1996-97 under the Central Sales Tax Act, 1956.2. For the aforesaid assessment year, assessing authority passed the assessment order under Section 9(2) of the Central Sales Tax Act, 1956 on March 9, 1991 and declared the applicant non-assessable. Later on it came to the knowledge to the assessing authority through letter dated July 25, 1981 written by A.D.M. (SC), Moradabad, that the endorsement of the RR was made by the applicant and not by the D.S.O., Moradabad, on behalf of the D.M., a proceeding under Section 21 of the Act was initiated. It appears that the notice under Section 21 was issued on March 28, 1981 for March 31, 1981 which was not served. Another notice was issued on March 25, 1982 for March 30, 1982 which was also not served. Another notice was issued...
Pratap NaraIn Tandon Vs. Abdul Mukatadir
Court: Allahabad
Decided on: Jan-20-2005
Reported in: 2005(1)ARC555; 2005(1)AWC921
Anjani Kumar, J.1. Heard learned counsel for the petitioner and Sri S.K. Tyagi, who has put in appearance on behalf of the respondent.2. In view of the fact that pure question of law is involved, Sri Tyagi does not want to file counter-affidavit. Thus, this writ petition is heard on merits.3. The landlord-respondent filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 (in short the Act) before the prescribed authority for release of the accommodation in question which is a non-residential accommodation wherein the petitioner is carrying on his business. The prescribed authority allowed the application filed by the landlord. Aggrieved thereby the petitioner preferred an appeal as contemplated under Section 22 of the Act. The appellate authority affirmed the findings arrived at by the prescribed authority and dismissed the appeal. Thus, this writ petition.4. The petitioner, in paragraph 3 of the writ petition, has stated that this writ petition is filed mainly on the...
Anil Kumar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-20-2005
Reported in: (2005)1UPLBEC802
Vineet Saran, J.1. Heard Sri R.B. Tripathi, learned Counsel for the petitioner as well as learned. Standing Counsel appearing for respondent No. 1 and Sri Neeraj Tiwari, learned Counsel appearing for respondent Nos. 2, 3 and 4.2. The petitioner is an employee of the Nagar Panchayat, Siswan Bazar, Maharajganj. By an Order dated 2.12.1999 of the Project Director, State Urban Development Agency (S.U.D.A.)., the petitioner was taken on deputation with S.U.D.A. till the regular arrangement was made by S.U;D.A. or until further Orders. The petitioner accordingly joined S.U.D.A. on 6.12.1999. Thereafter by an Order dated 30.12.2003 the petitioner was sent back by the Director, S.U.D.A. to his original post in Nagar Panchayat, Siswan Bazar, Maharajganj. Aggrieved by the said Order the petitioner filed Writ Petition No. 4089 of 2004 which was dismissed by this Court on merits vide judgment and Order dated 6.2.2004.3. After the dismissal of the aforesaid writ petition, the petitioner filed anoth...
Menka Picture Palace and anr. Vs. D.M. and anr.
Court: Allahabad
Decided on: Jan-20-2005
Reported in: 2005(2)AWC1316; 2005(2)ESC949
Prakash Krishna, J.1. Petitioner No. 1 is a picture hall of which petitioner No. 2 is the proprietor and licensee to exhibit cinema films. It has been granted licence to exhibit cinema under the U. P. Entertainment and Betting Tax Act, 1979 and Cinematograph Act, 1952 at Salempur, district Deoria. The petitioners are liable to pay entertainment tax for the admission to the entertainment provided to the public in the picture hall. The petitioner has opted for payment of compound entertainment tax under Section 3 (1) of the U.P. Entertainments and Betting Tax Act, 1979, (hereinafter referred to as the Act of 1979) for the year 1996-97 and accordingly it compiled with the entire formalities as prescribed under Rule 24A of the U.P. Entertainment and Betting Tax Rules, 1981 (hereinafter called as the Rule of 1981). Respondent No. 1 by the impugned order dated 25th May, 1996 (filed as Annexure-2 to the writ petition) has rejected the said application for compound payment of entertainment tax...
Shri Krishna Gupta Vs. Disciplinary Authority and Asstt. General Manag ...
Court: Allahabad
Decided on: Jan-20-2005
Reported in: 2005(2)AWC1308; 2005(3)ESC1648; [2005(105)FLR82]; (2005)IILLJ873All; (2005)2UPLBEC1599
Vineet Saran, J.1. Heard Sri S.N. Dubey, learned counsel for the petitioner as well as Sri Saumitra Singh, learned counsel appearing on behalf of Respondent-Bank and have perused the record.2. The petitioner is a Cashier in the Respondent-Bank of Baroda. On four occasions in the year 2002, when he was posted in Surya Nagar Branch at Ghaziabad, the petitioner was advised/warned by the Branch Manager regarding his working. However, since such incidents were happening repeatedly, on 23.12.2002, the petitioner was placed under suspension. Thereafter he was reinstated in service on 4.12.2003. Then on 13.3.2004 a charge-sheet was issued by the Assistant General Manager (as disciplinary authority) to the petitioner giving details of the four charges. An enquiry by the Branch Manager, KCM School Branch, Moradabad was to be conducted into the charges levelled against the petitioner. Through the Employees' Union, the petitioner made a representation to the Assistant General Manager on 26.6.2004 ...
District and Sessions Judge Vs. Ratnesh Kumar Srivastava and anr.
Court: Allahabad
Decided on: Jan-20-2005
Reported in: 2005(1)ESC724; (2005)2UPLBEC1156
B.S. Chauhan, J.1. These Special Appeals have been filed against the order of the learned Single Judge dated 8.12.2004 staying the operation of the order dated 30th October, 2004 passed by the District Judge, Baghpat, by which the services of the respondent-employees stood terminated.2. The facts and circumstances giving rise to these Appeals are that the said respondent-employees had been appointed as Stenographers vide order dated 29th May, 2003 along with four others, with a clear stipulation in their appointment letters that it was purely an ad hoc and temporary appointment, liable to be terminated at any time without notice. The said respondent-employees joined the services in pursuance of the said appointment letters. However, as the work of the employees was not found satisfactory, vide letter dated 17th March, 2003 (Annex. 2) the District Judge asked them to learn/improve and the Senior Administrative Officer was directed to test them periodically and submit the progress report...
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