Allahabad Court April 2005 Judgments
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Commissioner of Income Tax Vs. Kamal Bhai Ismilji
Court: Allahabad
Decided on: Apr-13-2005
Reported in: (2006)200CTR(All)598; [2007]288ITR297(All)
R.K. Agrawal, J.1. The Tribunal, Delhi, 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, learned Tribunal was justified in law in recalling its order dt. 31st Jan., 1984 after considering the assessee's request for adjournment on merits and also after rejecting the assessee's first miscellaneous application ?The reference relates to the asst. yrs. 1977-78 and 1978-79.2. Briefly stated, the facts giving rise to the present reference are as follows :The appeals filed by the respondent-assessee in respect of the assessment years in question were dismissed by the Tribunal, Delhi vide order dt. 31st Jan., 1984. The Tribunal had proceeded to decide the appeals exparte after rejecting the application for adjournment. Thereafter miscellaneous applications were filed on 19th March, 1984, seeking recall of the two orders dismissing the a...
D.S.M. E.P.P. Surlon India Ltd. Vs. U.P. State Industrial Development ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(3)AWC2556
R.P. Misra and A.P. Sahi, JJ. 1. The present petition questions the transfer levy imposed on the petitioner vide order dated 19.11.1998 by the respondent - U.P. Industrial Development Corporation on account of transfer of plot No. 54/11 site -4 Sahibabad in favour of the petitioner.2. Sri K.M. Garg, learned counsel for the petitioner has submitted that the levy is illegal inasmuch as the subject matter of transfer could not be subjected to levy as there was no actual transfer and such a levy is not permissible under the guidelines which have been appended as Annexure-3 to the supplementary affidavit.3. The second ground of challenge is that, even assuming that the transfer levy can be imposed, it is not in accordance with the guidelines of the respondents themselves inasmuch as the petitioner would be liable to pay the transfer levy only at the rate of 5 percent of the premium and not 10 percent. Sri Garg has referred to para 6.02 of the guidelines in this regard and has further invite...
Mohd. Vakil Son of Mohd. Suleman Vs. Deen Dayal Upadhyay Gorakhpur Uni ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(2)ESC1464
Tarun Agarwala, J.1. The petitioner was appointed as a Driver on 22.9.1982 and was made permanent in the year 1992. On 17.1.2001, the petitioner was suspended and chargesheeted on the ground of preparing forged bills and vouchers in order to misappropriate the funds of the University. A supplementary chargesheet dated 13.2.2001 was issued and thereafter, an enquiry officer was appointed. The petitioner submitted a detailed reply to the chargesheet on 2.6.2001 denying the charges. It transpires that the enquiry officer called the petitioner on 22.6.2001 and placed a question before him, namely, as to whether he would like to state anything else over and above what he had already stated in his reply. The petitioner submitted that he did not want to state anything further. On recording this statement, it transpires that the enquiry officer submitted a report on 23.6.2001 and on this basis, a show cause notice was issued on 24.8.2001 and thereafter, the Registrar by an order dated 1.10.200...
Arun Kumar Son of Sri Makkhan Lal and ors. Vs. State of Uttar Pradesh ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(2)ESC1498; (2005)2UPLBEC1423
Tarun Agarwala, J.1. The services of a class IV employee in a State Medical College is governed by the 'Medical Education Subordinate Office Group 'D' (Technical Service) Regulation 1991 framed under the proviso to Article 309 of the Constitution of India. The petitioners alleged that several vacancies existed in Moti Lal Nehru Medical College, Allahabad. The Secretary, Medical Education vide letter dated 20.11.2002 directed all the Principals of the State Medical College to fill up the backlog vacancies with regard to Schedule Caste, Schedule Tribe and other backward classes. It is alleged that based on the aforesaid directions, the Principal published an advertisement dated 20.11.2002 in two newspapers inviting applications from the candidates belonging to the Schedule Caste and Schedule Tribes and other backward classes for filling up 21 Class IV posts in Moti Lal Nehru Medical College, Allahabad. The petitioners applied and appeared before the Selection Committee and, on the basis ...
Vivek Srivastava Son of Late Sri J.P. Srivastava Vs. Union of India (U ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(3)AWC2897; 2005(3)ESC1790
Tarun Agarwala, J.1. Does a member of the public and a resident of the city of Allahabad have a right to object to the change in the user of the land which has been in existence as an open piece of land for the last hundred years and which has acted as the lungs of the city? Does the petitioner, being a citizen of this city, have a locus standi to raise issues of ecology, and protection of the environment on account of the change in the user of the land as undertaken by the military authorities in trying to convert the open piece of land into a concrete residential duplex complex? Is the petitioner, being a citizen of this city, aggrieved by such a diversion and construction of residential buildings? Do the citizens of Allahabad have a fundamental right to free and healthy air in eco friendly surroundings for the full enjoyment of life as envisaged under Article 21 of the Constitution of India These are some of the questions of importance which have arisen for consideration during the ...
Ram Bahadur Verma Son of Late Sri Vishwanath Verma Vs. Union of India ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(3)AWC2851; 2005(3)ESC1705
A.K. Yog, J.1. Judgment and order dated 20-2-2002/Annexure-13 to the writ petition, passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (called 'the Tribunal'), rejecting Original Application No. 9 of 1997 --R.B. Verma v. Union of India and 2 Ors., is subject matter of challenge by means of the present writ petition No. 30733 of 2002 under Article 226, Constitution of India.2. We may give, at the outset, brief fact matrix of the case, lor appreciating 'issue' raised by the petitioner before the Tribunal as well as this Court in the present petition.3. Petitioner was initially recruited on 5-7-1963 as Upper Division Clerk; thereafter promoted time to time; at relevant time he was working as Assistant Accounts Officer in the office of Superintendent, Local Audit, Central Vehicle Depo, Panagarh (called SLA,CVD Panagarh); he served in that capacity at Panagarh from 1-1-1988 to 1-3-1990; he attained age of superannuation and retired from active service w.e.f. 30-6-1997. Wh...
Hukum Singh Son of Beni Singh and Thakuri Son of Beni Singh (In Jail) ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005CriLJ3486
K.K. Misra, J.1. This appeal arises out of the judgment and order dated 11.9.83 passed by Sri D.N. Shukla, the then Addl. Sessions Judge, Budaun in Session Trial No. 166 of 1980- State v. Hukum Singh and Ors. convicting both appellants Hukum Singh. Thakuri under Section 302/34 IPC & 324/34 IPC and sentencing each of them to undergo life imprisonment and one year's R.I. respectively. The sentences were directed to run concurrently. Two others, namely, Tej Singh and Karan Singh were acquitted. 2. The prosecution case in brief was that P.W. 2 Siya Ram and his brother Sukh Ram deceased had sold a she-buffalo to accused-appellants Hukum Singh and Thakuri for a sum of Rs. 825/- but initially a sum of Rs. 75/- was paid and the balance amount was to be paid after a month. When inspite of several demands the appellants did not pay the balance amount. P.W.1 Sadhoo Ram, Informant and Sukh Ram deceased went to the house of the ' appellants in their absence and brought back the she-buffalo. On the ...
Ex. Sepoy Digvijay Singh 2793142a Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(3)ESC1991
A.N. Varma, J. 1. Through the instant writ petition, the petitioner has assailed the orders dated 15.6.1999 as well dated 9.1.2001, as contained in Annexures 4-A and 8 to the writ petition, whereby his claim for disability pension has been negatived by the opposite party No. 4 and appeal preferred against the same has also been dismissed vide Annexure 8.2. The petitioner was enrolled as a Sepoy in Maratha Light Infantry Regiment on 26.2.1996 for 15 years plus 2 years as initial engagement. His training commenced on 8.4.1996 and after successful completion of which he was medically examined and was declared in the category 'AYE'.3. On 28.8.1997 he was admitted in Military Hospital, Faizabad, for psychiatric examination and follow up. Thereafter, he was transferred to Military Hospital, Jabalpur, where he remained admitted nearly for a month. On 19.12.1997 the Senior Advisor in the department of Psychiatry is said to have told the petitioner go to home and sleep. He categorised the petit...
Rajesh Kumar Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-12-2005
Reported in: 2005(4)AWC3731; 2005(3)ESC1971
Rakesh Sharma, J.1. Heard Sri Subhash Chandra Pandey, learned Counsel for the petitioners and the learned Standing Counsel appearing for opposite parties.2. Since the common question of law is involved in these writ petitions, the same are being disposed off by a common judgment,3. Under challenge are several orders Issued against the petitioners, terminating their temporary services from the post of Junior Clerks who were working in Regional District Offices and Audit Offices of Cooperative Societies and Panchayats in U.P. The orders of termination have been issued by the Regional Audit Officers, Cooperative Societies and Panchayats in compliance of the directions issued by the Chief Audit Officer, Cooperative Societies and Panchayats, U.P., Station Road, Lucknow vide order dated 12.8.1994. These orders of termination which were issued against the petitioners, terminating their services have been assailed in this bunch of writ petitions.4. This Court while entertaining the writ petiti...
Bihasu Yadav Son of Late Ram Swaroop Yadav Vs. Post Master, Mau Nath B ...
Court: Allahabad
Decided on: Apr-12-2005
Reported in: AIR2006All67; 2006(1)AWC208; IV(2006)BC532
Amitava Lala, J.1. The writ petitioner herein claims to be the nominee of one Smt Parvati Devi wife of late Vindhyachal Rai resident of Village Deokali Bisunpur, Post Kopaganj, District Mau, Uttar Pradesh. Such nomination was made on 20th March 1999 in two postal accounts being MIS 3400042 and 3400043 at the branch Post Office Kopaganj, Mau. Said Smt. Parvati Devi expired on 21st October, 1999. Thereafter the petitioner made application for permitting him to operate such accounts as nominee. The postal authority did not permit to operate. It is said by such authority that firstly an order for payment from the competent court is to be obtained thereafter claim application will be submitted. According to the petitioner such order is illegal. He is entitled to operate the accounts in accordance with Section 4 of Government Savings Banks Act, 1873.2. Respondents counsel contended that nomination in favour of the petitioner is doubtful for various reasons which are specifically mentioned in...
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