Allahabad Court April 2007 Judgments

Ramesh Chand Tayagi Son of Jagan Singh Tayagi Vs. Director Agricultura ...

Court: Allahabad

Reported in: 2007(4)AWC3261

Vineet Saran, J.1. The petitioner was appointed as Junior Clerk on 10.10.1961. After completion of twenty years of service the petitioner was granted Selection Grade with effect from 1.7.1982. On further completion of six years he was granted Promotional Pay Scale with effect from 1.7.1988. He was, however, transferred on promotion to the post of Senior Clerk on 6.11.1995. Thereafter, the petitioner retired from service on 31.7.2000. His retiral benefit and pension have been fixed on the basis of last drawn salary. However, by order dated 5.9.2000 passed by respondent No. 2 a direction was issued to stop payment of his gratuity amount on the ground that he was wrongly given promotional pay scale with effect from 1.7.1988 whereas, according to the respondents, he was actually promoted only on 6.11.1995 By subsequent order dated 16.9.2000 passed by the respondent No. 3, a direction to withhold the gratuity amount of Rs. 50,000/- was issued. Then, by order dated 18.4.2001 passed by the re...

United India Insurance Company Ltd. Vs. Mashooq Ali S/O Chand Mohammad ...

Court: Allahabad

Reported in: 2007(3)AWC2550

S.U. Khan, J.1. Heard learned Counsel for the parties.2. This revision is directed against order dated 19.12.1988 passed by Motor Accident Claims Tribunal/A.D.J. Budaun in MAC Case No. 25 of 1986 Ran Sanehi v. Mashooq Ali and Ors. Applicant United India Insurance Company Limited, opposite party No. 4 in the claim petition pending before the court below had filed an application for amendment of its written statement. In the initial written statement, it was admitted that the bus which was involved in the accident was insured with opposite party No. 4. However, through the amendment sought it was stated that another vehicle of the same owner was insured with the applicant and under confusion it was admitted in the initial written statement that the bus in question was insured; but later on it revealed that bus in question was not insured with the applicant. The court below rejected the amendment application through the impugned order on the ground that it amounted to withdrawal of admiss...

Chandrika Singh Son of Late Kali Prasad Singh Vs. State of U.P.,

Court: Allahabad

Reported in: 2007CriLJ3169

Shiv Charan, J.1. The instant revision has been directed against the order dated 22.2.2006 passed by Judicial Magistrate Azamgarh in Misc. Case No. 30 of 2006, Chandrika Versus Sritam Ram and another. By the impugned order learned Judicial Magistrate treating the application of the revisionist moved Under Section 156(3) Cr.P.C. as a complaint and proceed to record the statement of the complainant Under Section 200 and the witnesses Under Section 202 Cr.P.C.2. From the perusal of the record it is apparent that an application was moved by the revisionist Chandrika Singh Principal Inter College Kaptanganj, District Azamgarh Under Section 156(3) Cr.P.C. for register of the case and investigation against Sritam Ram and TirathRaj Singh. They were Head Clerk and suspended Manager of the institution respectively. High Court passed stay order on 15.12.2004 restraining the opp.party to discharge their duties. From the month of July 1999 classes of Inter (Science) were started under the unfinance...

Bhirghu Nath and ors. Vs. Smt. Beila and ors.

Court: Allahabad

Reported in: 2009(1)AWC38

ORDERS. P. Mehrotra, J.1. Cause list has been revised.2. Learned Counsel for the parties are not present.3. It appears that pursuant to the preliminary decree for partition having been passed in Suit No. 1739 of 1957, the proceedings were taken for preparation of final decree.4. By the judgment and order dated 7.2.1970, the trial court confirmed the partition scheme submitted by the Commissioner subject to modifications indicated in the said judgment and order dated 7.2.1970, and directed for preparation of final decree.5. An appeal being Civil Appeal No. 303 of 1970 was, thereafter, filed against the said final decree dated 7.2.1970.6. The lower appellate court partly allowed the said Civil Appeal No. 303 of 1970 by passing the judgment and order dated 23.9.1972. The operative portion of the said judgment and order dated 23.9.1972 is as under:The appeal is partly allowed so far, as it relates to bhumidhari plots and trees, etc. standing thereon and the judgment and final decree prepar...

Cit Vs. Sir Shadi Lal Enterprises Ltd.

Court: Allahabad

Reported in: [2009]317ITR449(All)

ORDER1. The Income Tax Appellate Tribunal, New Delhi has referred the following three questions of law under Section 256(2) of the Income Tax Act,1961, hereinafter referred to as 'the Act', for opinion of this Court:(i) Whether die Hon'ble ITAT was legally justified in confirming the relief allowed by the learned Commissioner (Appeals) in respect of additions made by the assessing officer under Section 40A(5)?(ii) Whether the Hon'ble ITAT was legally justified in confirming the reliefs allowed by the learned Commissioner (Appeals) in respect of additions made by the assessing officer under Section 43B?(iii) Whether the Hon'ble ITAT was legally correct in confirming the directions of the learned Commissioner (Appeals) to the assessing officer not to charge interest under Section 216?The reference relates to the assessment year 1986-87.Briefly stated facts giving rise to the present reference are as follows:The assessee, a limited company made following allowances to its managerial perso...

Smt. Raj Kumari W/O Har Prasad Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Allahabad

1. The applicant has challenged the order-dated 20.1.2004 under which her request for compassionate appointment has been refused.2. The applicant claiming herself to be married wife of Shri Har Prasad has filed the present O.A. Her case is that Har Prasad while working as Postal Assistant lost his eye-sight and was retired on medical invalidation w.e.f. 8.2.1997. By the time Har Prasad retired, he had his wife three sons and two daughters. The first wife died on 15.5.98.Due to his lost of vigil; it was difficult in his part to lead his life. So, he married the applicant under Hindu Marriage Act, which was registered as per law. The applicant then submitted application for compassionate appointment. Her request was turned down by the respondents, who questioned the status of the applicant. The applicant was compelled to file O.A. No. 1017 of 2002 before the Principal Bench, CAT, New Delhi. While disposing the said O.A., the Tribunal recorded a finding that the applicant status cannot b...

Anuragh Kumar Johri S/O Dr. T.S. Vs. Union of India (Uoi) Through the

Court: Central Administrative Tribunal CAT Allahabad

1. This O.A. has been filed by the applicant with a prayer to quash the order dated 5.10.2006 (Annexure-1) passed by the Under Secretary (Vig.) on behalf of the President ICAR and the order dated 6.10.2006 (Annexure-2) passed by the Director (Acting), Central Avian Research Institute, Izzatnagar, Bareilly.2. The case of the applicant are that he was appointed as Research Associate in a purely temporary capacity w.e.f. 18.10.2000 under the time bound Research proposal on CARI, Izzatnagar. This appointment continued till 30.11.2004. An advertisement was published in Employment News inviting applications for the post of T-3 (Lab. Asstt.) in the pay scale of Rs. 4500-125-7000/- on 20/26.11.2004. The applicant applied for the said post and faced the selection process. He was selected. He was medically examined and was found fit for the post by the CMS, Bareilly. He was asked to report for duty to the Head Avian Nutrition & Feed Technology, CARI, Izzatnagar. The appointment order was is...

Ashok JaIn Vs. Mahesh Mittal and ors.

Court: DRAT Allahabad

Reported in: I(2008)BC1

1. This is an appeal filed under Section 20 of the RDDBFI Act, 1993.The factual matrix of this appeal is that the State Bank of Indore-respondent advanced by way of financial assistance to the respondent Chirag Metal Ltd., of which Bal Krishna Gayke is the Director. The money was not paid. Thereafter respondent-Bank filed a civil suit for recovery of money in the District Court, Indore, from where it was transferred to the D.R.T. after implementation of the Act of 1993 and this case registered as T.A. No. 892/1998.2. The Recovery Officer on the basis of recovery certificate proceeded for the auction of the mortgaged property, which is the house involved in this appeal. Present appellant-Ashok Jain is the auction purchaser.He deposited the amount of auction money. Recovery Officer by an order dated 10th June, 2005 disposed of the objection filed by Milind @ Raju Chandwaskar and another, who claimed before the Recovery Officer that they had taken on rent western portion of the first flo...

Mohd. Hanif Vs. Ixth Addl. District Judge and anr.

Court: Allahabad

Reported in: 2007(78)AWC2368

ORDERPrakash Krishna, J.1. This is tenant's writ petition. It arises out of P.A. Case No. 4 of 1994 instituted by the landlord Subash Chand Maheshwari, the respondent No. 2 herein, under Section 21(1)(b) of the U.P. Act of 1972 of the U.P. Act No. 13 of 1972 on the ground that the disputed accommodation is a shop situate at G.T. Road, Qasba and Pergana Khatauji, district Muzaffarnagar, is in dilapidated condition and requires demolition and reconstruction. The said application was rejected by the Prescribed Authority by the order dated 27th of January, 1996, which has been reversed by the appellate court in Rent Control Appeal No. 7 of 1996. The validity of the appellate order has been questioned in the present writ petition.2. The sole ground raised in support of the writ petition is that the finding recorded by the appellate court that the shop in question is in a dilapidated condition and requires demolition and reconstruction is perverse and against the material on record. The shop...

Kamla Devi and ors. Vs. Xith Additional District Judge and ors.

Court: Allahabad

Reported in: 2007(3)AWC2711

Prakash Krishna, J.1. These two writ petitions are connected one and the arguments were advanced only with reference to the facts in Writ Petition No. 23116 of 1989 and it was agreed that the fate of the Writ Petition No. 23116 of 1989 would decide the fate of the Writ Petition No. 30665 of 1999.2. The present Writ Petition No. 23116 of 1989 arises out of an application for allotment filed on 3rd of November, 1981 by Shri Santosh Kumar Srivastava who is respondent No. 3 herein, for allotment of three rooms, latrine, bathroom plus verandah of a House No. D-52/96A, situate at Varanasi. The application was moved on the ground that earlier Shri Vijay Kumar Tandon was the tenant of the said accommodation who has constructed his own house within the municipal limits of Varanasi and thus the disputed accommodation would be deemed to have been vacant. A report from Inspector was called for who submitted his report dated 4th of January, 1982 to the effect that Ma Anand Mai Kali Trust is the own...