Allahabad Court February 2005 Judgments
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Yogendra Singh Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005CriLJ2762
ORDERRavindra Singh, J.1. Heard Sri Vishnu Gupta, learned counsel for the petitioner, learned A.G.A. and Sri A. K. Awasthi and Manish Tiwari, learned counsel for the respondents Nos. 2 to 8.2. This writ petition has been filed against the order dated 16-8-2002, passed by learned Addl. Sessions Judge/Special Judge (E.C. Act), Banda in Criminal Revision No. 156 of 2002, whereby the order dated 24-4-2002, passed by learned Addl. Civil Judge (Jr. Div.)/Judicial Magistrate, Banda was set aside and the record was sent back to the Court of learned Addl. Civil Judge (Jr. Div.) Banda and order dated 19-9-2003 passed by learned Addl. Sessions Judge, Court No. 3, Banda in Criminal Revision No. 93 of 2003, whereby the revision filed by the respondents Nos. 2 to 8 was allowed and the order dated 17-4-2003 passed by learned Civil Judge (Jr. Div.) Judicial Magistrate, Banda taking cognizance for the offence punishable under Sections 147, 149, 323, 504, 506, IPC and summoning the opposite parties Nos....
Ram Bharosey Vs. Smt. Manju Agrawal and anr.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(2)AWC2162
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India is directed against the order dated 5th November, 2004, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, (in short 'the Act') before whom the appeal under Section 22 of 'the Act' is pending, whereby the amendment application filed on behalf of the petitioner-tenant has been rejected by the appellate authority.2. The brief facts of the present case are that the respondent-landlady Manju Agrawal filed an application under Section 21(1)(a) of the Act for the release of the accommodation in question against the petitioner-tenant as she bona fide requires the aforesaid accommodation in question. The prescribed authority vide its order dated 13th August, 2004, allowed the release application filed by the landlady and released the aforesaid accommodation in favour of the landlady-respondent.3. Aggrieved by the order of the prescribed authority, the petitioner-tenant pre...
Upendra Nath Vs. Special Judge (E.C. Act)/A.D.J. and ors.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: 2005(3)AWC2661
Anjani Kumar, J.1.This writ petition under Article 226 of the Constitution of India filed by the petitioner-tenant has been heard on merits with the consent of learned counsel appearing on behalf of the parties at the admission stage itself.2. By means of present writ petition under Article 226 of the Constitution of India, the petitionertenant challenges the order dated 24th November, 2000, passed by the prescribed authority and the order dated 20th July, 2004, passed by the appellate authority under the provisions of the U.P. Act No. 13 of 1972, copies whereof are annexed as Annexures-'3' and '4', respectively, to the writ petition.3. The facts leading to the filing of present writ petition are that admittedly the petitioner is the tenant of the accommodation in question and the respondent No. 3 is the landlord. The respondent-landlord filed an application before the prescribed authority under Section 21 (1) (a) of the U.P. Act No. 13 of 1972, (In short 'the Act'), for release of the...
Commissioner of Income Tax Vs. Prakash Kirana Co.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: (2005)197CTR(All)388
Prakash Krishna, J.1. The Tribunal, Allahabad, on the direction of this Court has referred the following question of law under Section 256(2) 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 justified in holding that the doctrine of merger, applied in the assessee's case when Sub-section (1A) of Section 154 of IT Act specifically provides that the doctrine does not apply in the matter not considered and decided in appeal ?'2. The dispute relates to the asst. yr. 1978-79. The respondent/assessee deals in Kirana on wholesale basis. The ITO framed the original assessment order on 19th March, 1985 and in the body of the order he observed three additions to the assessee's total income as below :(i) Investment in the purchases of Zeera as evidenced by seized parcha Nos. 4 and 5 valued at Rs. 17,612.(ii) Investment in 25 bags of Zeera as evidenced by parcha Nos. 6 and 7 discover...
Commissioner of Income Tax Vs. Farrukhabad Cold Storage (P) Ltd.
Court: Allahabad
Decided on: Feb-18-2005
Reported in: (2005)199CTR(All)436
R.K. Agrawal, J.1. The Tribunal, Allahabad, has referred the following questions of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the amount of Rs. 69,973 realised by the assessee as excess storage rent could not be treated as income of the assessee-company and brought to tax in the asst. yr. 1981-82 ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the disallowance under Section 40A(8) should be restricted to the net payment of interest ?'2. The reference relates to the asst. yr, 1981-82.3. Briefly stated, the facts of the case so far as they are relevant for the purposes of questions referred to us are as follows :During the assessment year in question the respondent which is a private limited company and is running a cold storage, has paid interest amou...
Conservator of Forest and Regional Director, Vs. Pankaj Kumar Srivasta ...
Court: Allahabad
Decided on: Feb-17-2005
Reported in: 2005(3)AWC2429; 2005(2)ESC1289
S. Rafat Alam and Vikram Nath, JJ.1. This special appeal has been filed against the judgment of the learned Single Judge dated 27.4.1998 allowing the Writ Petition No. 10199 of 1996 and directing the respondents therein to fix the date for interview within a reasonable time with regard to selection for the post of Forester (Van Daroga) of the candidates whose results have been declared.2. In short, the facts of the case are that the Conservator of Forest/Regional Director, Eastern Circle, Gorakhpur issued letter dated 22.12.1994 to the eight District Employment Officers of the region inviting four names from each District Employment Exchange for filling up three posts of Forester (Van Daroga) by direct recruitment. Pursuant thereto names were forwarded from each district and written examinations were held on 04.01.1995. On the basis of the said written examination ten candidates were called for interview to be held on 05.01.1995, however, the interview was not held on the said date and...
Union of India (Uoi) and ors. Vs. Ram Kripal Singh and ors.
Court: Allahabad
Decided on: Feb-17-2005
Reported in: 2005(2)ESC960
V.C. Misra, J.1. Sri Lalji Sinha and Sri Amit Sthalker learned Counsel for the petitioners, and Sri. J.N. Tiwari Senior Advocate, assisted by Sri C.B. Gupta, Advocate, are present.2. The above said writ petitions arise out of common order dated 28.7.1997 (Annexure-17 to the writ petition) passed by the Labour Court-respondent No. 6 allowing the applications of respondents-workmen 1 to 5 Ram Kripal Singh, Smt. Munni Devi, Sadanand, Sheo Charan Lal and Shamsher Singh who had filed their separate applications under Section 33C(2) of the Industrial Disputes Act, 1947 (Central) hereinafter referred to as the Act, which were numbered as Misc. Case Nos. 12/91, 13/91, 14/91, 15/91 and 16/91, all the said Misc. cases were clubbed together and decided with Misc. Case No. 12/91 as the leading case.3. The facts of the case in brief are that the respondents-workmen 1 to 5 were Assistant Diesel Driver in the Railways and had been reverted to the post of Fireman Grade-C vide order dated 22.6.1971 iss...
Viniyoga Clothex Ltd. (In Liquidation) and Etc. Vs. Vinay Bagla
Court: Allahabad
Decided on: Feb-17-2005
Reported in: 2005CriLJ2339
ORDERS.P. Mehrotra, J. 1. By the order dated 20-12-2004, notice was directed to be issued to the opposite parties on the aforesaid application filed on behalf of ICICI Bank Limited.2. As regards the opposite party No. 1 in the aforesaid application, it appears that copy of the aforesaid application had already been served on the Official Liquidator on 27-9-2004.3. As regards the opposite parties Nos. 2 and 3 in the aforesaid application, the Office has submitted its report dated 9-2-2005/17-2-2005, which is reproduced below :'In compliance with Court's order dt. 20-12-2004 notices were sent to the opposite parties No. 2 and 3, 2-Sri Vinay Bagla and 3-The Regional Passport officer, Govt. of India on 23-12-2004 by Reg. Post/AD fixing 19-1-2005, neither A. D. nor undelivered cover have been returned back.The case is put up for order with Appl. No. 16099-05.'4. In view of the said office report, service of notice on the opposite parties Nos. 2 and 3 is deemed to be sufficient.5. It is, int...
Shri Ranjan S/O Late Kanhaiya Prasad Verma, Vs. the District Inspector ...
Court: Allahabad
Decided on: Feb-16-2005
Reported in: 2005(2)ESC1023; [2005(106)FLR1145]
Tarun Agarwala, J. 1. The petitioners have filed the present writ petition praying for the quashing of the order dated 4/16.1.2003 whereby the District Inspector of Schools has refused to grant the approval of the appointment of the petitioners as a Class-IV employee in the educational institution known as Ishwar Saran Intermediate College, Allahabad.2. The facts leading to the filing of the present writ petition is, that one Ayodhya Prasad Shukla, a peon in the educational institution retired on 30.9.1997 and information about his retirement and consequently the vacancy occurring on the said post of peon was intimated to the District Inspector of Schools by the Principal on 4.10.1997. On 20.2.1998, the District Inspector of Schools informed the institution that the said post would be filled up under the Dying in Harness Rules. On 18.3.1998, the Principal informed the District Inspector of Schools that since no person was available under the Dying-in-Harness Rules, the said post may no...
Umesh Chandra Son of Uma Datt Dubey Vs. State of U.P. Through Secretar ...
Court: Allahabad
Decided on: Feb-16-2005
Reported in: (2005)2UPLBEC1893
Tarun Agarwal, J.1. The petitioner Umesh Chandra in Writ Petition No. 29594 of 2003 was appointed as a Constable on 1.8.1989 and, at the relevant time, he was posted at police station Fazalganj, District Kanpur Nagar. On 3.5.2003 an accused escaped from his custody while the petitioner was escorting the accused to the Civil Court, Kanpur Nagar. On the basis of this incident the petitioner was placed under suspension pending inquiry on 3.5.2003 and thereafter he has dismissed from the service by an order of the Senior Superintendent of Police dated 5.6.2003 exercising the powers under the proviso to sub clause (b) of Sub rule (2) of Rule 8 of the Uttar Pradesh Police Offices of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules).2. In Writ petition No. 29596 of 2003, the petitioner No. 1, Virendra Singh was recruited as a Constable in the year 1997 and petitioner No. 2, Yaduvansh Singh, was appointed as Constable in the year 1981. On the nigh...
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