Allahabad Court October 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Kiran Devi W/o Sri Sangam Lal and Smt. Chandra Devi W/o Ram Das V ...
Court: Allahabad
Decided on: Oct-17-2005
Reported in: [2006(108)FLR421]; (2006)IILLJ409All
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. This is an appeal preferred by the workmen who were respondents to the writ petition which succeeded in the court below. The writ petition was filed by the employer Company.2. The facts are short and simple. The appellants were an terminated by the employer in 1995 and an industrial dispute being raised, the appellants succeeded in obtaining an industrial award in their favour dated 29th September, 1999 published on 318t October, 2000 to the effect that they would be reinstated in service and while such reinstatement they would be paid arrears of wages as per the Minimum Wages Act.3. Reinstatement did not follow forthwith; as such an application was made under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 for payment of arrears of wages as per award. A recovery certificate was issued on 24th of November, 2001 and substantial payments were received by the workmen in December, 2002. It should be mentioned that the writ petition had b...
Gunna S/O Late Sri Dukhi and Ram Milan S/O Sri Jageshwar Prasad Vs. Pr ...
Court: Allahabad
Decided on: Oct-17-2005
Reported in: 2006(1)AWC928; [2006(108)FLR385]
Vineet Saran, J.1. This writ petition has been filed challenging the award dated 16.3.2002 passed by the Labour Court, Allahabad whereby the claim of the petitioners has been rejected.2. The brief facts of this case are that in January 1989 the petitioners were engaged by the respondent-Kamla Nehru Memorial Hospital, Allahabad to work as gardener/attendant, on daily wage basis. According to the petitioners, they continued to work as such till December 1994. Thereafter in January 1995 a Project was sponsored by SIDBI for some work to be conducted by the respondent-Hospital in the rural areas. The petitioners were engaged to work in the project on fixed emoluments from 1st January 1995 till 7.7.1996 i.e. the date till the project remained in operation. On such Project having been wound up, the services of the petitioners were dispensed with. They thus raised an industrial dispute and a question was referred to the Labour Court as to whether their termination with effect from 8.7.1996 was...
Ajit Ram Son of Shri Heera Lal Ram Vs. District Inspector of Schools,
Court: Allahabad
Decided on: Oct-17-2005
Reported in: [2006(108)FLR157]
A.P. Sahi, J.1. The petitioners claim to have been appointed as class IV employees, after having been selected, pursuant to the advertisement dated 6.2.2004. It is stated in paragraph 4 of the writ petition, that the said advertisement was issued after obtaining permission from the Distt. Inspector of Schools, an endorsement whereof is said to have been made on the request made by the Principal on 20.1.2004. To support the contention, the petitioners have filed the said letter of the Principal bearing the endorsement of the Distt. Inspector of Schools as Annexure I to the writ petition.2. The claim of the payment of salary of the petitioner was placed before the respondents and the Distt. Inspector of Schools vide letter dated 27.10.2004 has sent the entire record) the Regional Level Committee headed by the Joint Director of Education of the Region concerned for direction on the question of payment of salary to the petitioners.3. Learned counsel for the petitioners contend that the app...
Govind Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Allahabad
Decided on: Oct-07-2005
Reported in: (2006)(3)SLJ59CAT
1. The explosive expansion of the Railways to cater to and cope up with the ever increasing travelling of the public results in creation of various Zonal Railways by the Indian Railways, the massive organization of Asia. Powers to create such new Zonal Railways is vested with the Central Government vide Section 3(4) of the Indian Railways Act, 1989 (Act 24 of 1989). Such a creation of new zones would inevitably lead to allocation and re-allocation of or carving out from the territorial jurisdiction of the existing zones and in turn, such a transfer of territorial jurisdiction to the newly created zones would have its own impact in the service conditions of the Railway employees coming under the administrative control of the new Zonal Railways. One such item feeling this impact, which frequently comes in for judicial scrutiny, is transfer and seniority of such employees. The case in hand belongs to this character.2. First the law on the subject on which the facts of the case would be t...
Northland Development and Hotel Corporation Vs. Commissioner of Income ...
Court: Allahabad
Decided on: Oct-07-2005
Reported in: [2006]285ITR265(All)
Rajes Kumar, J.1. At the instance of the assessee, the Income Tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') has referred the following question of law under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as ' Acf) relating to the assessment years 1983-84 to 1987-88 for opinion to this Court.'Whether on the facts and in the circumstances of the case, the Tribunal was right in law to hold that penalty under Section 271(1)(c) was chargeable in the case of the assessee in respect of excess claim of interest made by the assessee notwithstanding the fact that the assessee has subsequently volunteered the information cooperated with the Department?'2. For the assessment year 1983-84, the following additional question has also been referred for opinion to this Court:-'Whether on the facts and in the circumstances of the case, the Tribunal was right in law to uphold the penalty in regard to sum of Rs. 10,22,770/- being the amount remitted by the Bank on...
Vijay Singh Son of Sri Ganga Ram Singh and Shailendra Pratap Awasthi S ...
Court: Allahabad
Decided on: Oct-07-2005
Reported in: 2006(2)AWC1367
Tarun Agarwala, J.1. The petitioner No. 1 was appointed as a Reader in the year 1996 and the petitioner No. 2 was appointed as a Reader in the year 1999 in the office of the District Consumer Forum II at Moradabad in the pay scale of Rs. 4000-100-6000. The petitioners' contends that 13 Readers, working in the District Consumer Forum, are getting the salary in the pay scale of Rs. 4500-7000 whereas the petitioners are being given the pay scale of Rs. 4000-6000. The petitioners have filed the present writ petition alleging that they are doing the same kind of work and therefore, are liable to be paid the same pay scale of Rs. 4500-7000 and the denial of this pay scale amounts to a hostile discrimination and is also against the principles of 'equal pay for equal work'. The petitioners therefore, prayed that a mandamus be issued to the respondents commanding them to pay the salary in the scale of Rs. 4500-7000 and also pay the arrears.2. A counter affidavit has been filed by the respondent...
The Commissioner, Trade Tax Vs. Sarshadi Lal Enterprises (P) Ltd.
Court: Allahabad
Decided on: Oct-07-2005
Reported in: [2006]148STC78(All)
Prakash Krishna, J.1. The above revision has been filed by the Commissioner of Trade Tax against the order passed by the Trade Tax Tribunal, Muzaffarnagar in Second Appeal No. 194 of 1993.2. The dealer/opposite party is carrying on the business of manufacture and sale of sugar, molasses and country liquor. The dispute in the present revision relates to the assessment year 1989-90, under the U.P. Sales Tax Act. In the memo of revision the following four points of law have been framed for determination(i)Whether the Sales Tax Tribunal was legally justified to hold that no tax is payable on sale of filter cloth used and poly propylene cloth despite the fact that the aforesaid commodities are taxable vide notification no. ST-II-5785 dt. 7-9-81 as old, discarded unserviceable or obsolete machinery, stores or vehicles including waste products except cinder, coal ash and such items as are including in any other notification issued under the Act @ 8% (ii) Whether the Sales Tax Tribunal was leg...
New India Assurance Company Limited Vs. Bhoo Devi and ors.
Court: Allahabad
Decided on: Oct-07-2005
Reported in: I(2006)ACC272
R.P. Misra, J.1. This first appeal from order has been filed, challenging the impugned award dated 14.7.2005 passed by the Motor Accident Claims Tribunal, Firozabad.2. The facts are that an accident took place on 14.2.1995 on account of rash and negligent driving of the truck No. HNP-7185 which was insured with the appellant. The accident resulted in the death of one Sarvesh Kumar. The dependants of the deceased namely father and mother filed a claim petition claiming compensation of Rs. 18,10,000 along with 18% interest.3. On the basis of oral evidence adduced by the parties, Tribunal recorded the finding that the accident took place on account of rash and negligent driving by the driver of the offending vehicle.4. Since the owner of the offending vehicle failed to produced the driving licence of the driver of offending vehicle, the Tribunal held that the driver was not having a valid driving licence on the date of accident.5. The Tribunal has further come to the conclusion that month...
Daya Ram S/O Ram Deen Upadhaya Vs. Up Zila Adhikari and ors.
Court: Allahabad
Decided on: Oct-06-2005
Reported in: 2006(1)AWC1046
D.P. Singh, J.1. Pleadings are complete and the learned counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.2. Heard learned counsel for the parties.3. This petition is directed against an order dated 9.7.2004 by which a review application filed by the respondent No. 5 has been allowed.4. Bhagwan Deen, Ram Deen, Ram Taul and Vidya Deen were brothers. Kashi Ram was the son of Bhagwan Deen and Smt. Sonara Devi. Ram Deen died first followed by Ram Taul who died in 1990 It is alleged that Bhagwan Deen, also died followed by his wife, Kashi Ram and Vidya Deen were the only heir and legal representative of their property. It is alleged that Onkar Nath Upadhya, father of the respondent No. 5 and Pradhan of the village, taking advantage of the fact that Kashi Ram had died a bachelor on 11.5,1993, forged entries in the Family Register showing his daughter Prem Lata as daughter of Kashi Ram and thereby got a mutation in the revenue records mad...
Udai NaraIn Singh Son of Patiraj Singh Vs. the State of U.P. Through t ...
Court: Allahabad
Decided on: Oct-06-2005
Reported in: 2006(2)AWC1399
S.N. Srivastava, J.1. These three writ petitions have been conjoined for being heard as a composite case as the reliefs claimed therein are common i.e. by means of these three petitions, the common relief sought is to direct the respondent concerned to decide cases pending before them (in writ petition No. 63740 of 2005) since the year 1989, (in writ petition No. 64545 of 2005 and writ petition No. 64896 of 2005) since the year 2002.2. In the course of hearing of these petitions, learned Standing Counsel was called upon to seek instructions in relation to judicial working of the Collectors and the Commissioner and other officers performing functions under the Land Revenue Act and U.P.Z.A. & L.R.Act. In this connection, he was also enjoined to produce copy of circular or Government orders if any issued by the Government. Today Sri Sanjai Goswami apprised the Court that no such circular or Government order is stated to have been issued prescribing fixed hours or days of the working of th...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 8
- 9
- Next ›
- Last »