Allahabad Court April 2007 Judgments
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Dr. (Mrs.) Seshu Lavania and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-13-2007
Reported in: 2008(2)AWC1441
Pradeep Kant, J.1. The petitioner Dr. (Smt.) Seshu Lavania and Dr. Pradeep Kumar Misra, who were appointed as Lecturer in Botany in Lucknow University, Lucknow (hereinafter referred to as the university) through one and the same selection with effect from November 25,1985, on which post they were confirmed, vide order dated 22.2.1988 with effect from 15.1.1988 and were later on given Senior Scale of Lecturer (Rs. 3,000-5,000), vide order dated 26.8.1991 with effect from 25.11.1990 under the Career Advancement Scheme, as per G.O. dated 7.1.1989 and thereafter were promoted on the post of Reader through a selection committee in the year 1999, but the Selection Grade (Rs. 12,000-18,300) was given to them with effect from 25.11.1998, i.e., after 8 years of service in the Senior Scale, as per the rules, feeling aggrieved by the proposed promotion on the post of Professor of respondent No. 5, Dr. Yogesh Kumar Sharma (hereinafter referred to as the respondent), have approached this Court unde...
Commissioner of Income-tax Vs. Haji Abdul Hameed (Decd.)
Court: Allahabad
Decided on: Apr-12-2007
Reported in: [2007]292ITR143(All)
1. The Income-tax Appellate Tribunal, Allahabad has referred the following question of law under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') for the opinion of this Court.Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no mistake in the order dated May 21, 1979, that could be rectified under Section 154 of the Income-tax Act, 1961 ?2. The reference relates to the assessment years 1962-63, 1970-71 and 1971-72.3. Briefly stated the facts giving rise to the present reference are as follows:4. On giving effect to the Appellate Tribunal's order dated June 30, 1976, for the assessment years 1962-63, 1970-71 and 1971-72, a refund of Rs. 11,44,656 became due to the assessee. This refund was withheld three times in terms of Section 241 of the Act till December 31, 1977, and then till July 31, 1978, and lastly till October 31, 1978, vide orders passed by the Commissioner of Income-tax on September 3...
Harish Chandra Gupta Vs. Xth Addl. District and Sessions Judge and ors ...
Court: Allahabad
Decided on: Apr-12-2007
Reported in: 2007(78)AWC2208
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenants-respondent Nos. 3 to 5 on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction Act), 1972. Release application was registered as P.A. Case No. 80 of 1989 and was rejected on 23.2.1993 by prescribed authority/8th A.C.J., Meerut. Against the said Judgment and order, landlord-petitioner filed Misc. Appeal No. 90 of 1993. 10th A.D.J., Meerut, through the judgment and order dated 4.2.1994, dismissed the appeal, hence this writ petition.3. Property in dispute is a shop. It was alleged in the release application that Narendra Nath Verma, respondent No. 3, was the tenant and Prithvipal Verma, respondent No. 4, was his real brother, who was carrying on business from the shop in dispute in the name and style of respondent No. 5 M/s. New Beauty Palace. It was alleged that in...
Ved Prakash Vs. Suresh Garg and ors.
Court: Allahabad
Decided on: Apr-12-2007
Reported in: 2007(78)AWC2201
Prakash Krishna, J.1. The present writ petition relates to shop Nos. 115 and 116 Maam Road, Bulandshahr (hereinafter referred to as disputed shops). The writ petition arises out of release proceedings in respect of the disputed shops initiated by Jagdish Saran Garg (now dead) against heirs of Gopi Chand who was the original tenant and he left behind him the opposite parties No. 1 to 5 in the release application. The landlord claimed that he needs the disputed shop to establish his son Suresh Chand who is selling medicines of M/s. Baidyanath as agent. The petitioner Ved Prakash was not impleaded as one of the opposite parties in the release application. He filed an application for his impleadment claiming that he is co-tenant of the disputed shops. The petitioner was permitted to be impleaded. The case of the landlord was that Ved Prakash, the petitioner, has no locus standi to intervene in the matter and he has been set up by the heirs of the erstwhile tenant Gopi Chand. According to t...
Smt. Susheela Rai Wife of Late Ram Nawal Rai Vs. Regional Manager, All ...
Court: Allahabad
Decided on: Apr-12-2007
Reported in: [2007(114)FLR164]
Vineet Saran, J.1. The husband of the petitioner, late Ram Nawal Rai, joined the service of the respondent-Allahabad Bank in the year 1962. He died in harness on 26.1.1994. On 29.9.1995, which was after the death of Ram Nawal Rai, the respondent-Bank had come out with a scheme known as Allahabad Bank (Employees') Pension Regulations, 1995. These Regulations came into force on 29.9.1995. Besides other things, the said scheme provided for grant of family pension. One of the condition therein was that only such employees would be entitled to the benefit of the Regulations who had been in service of the Bank on or before 1.1.1986. The last date of opting for such scheme was 120 days from the Regulations of 1995 coming into force (i.e. upto 29.1.1996). The petitioner, as widow of the employee, applied under the said Regulations on 16.6.1998 for grant of family pension. Since the respondent-Bank refused to grant the benefit of the Regulations of 1995 to the petitioner on the ground that her ...
Ram Autar Agnihotri Son of Shri Vidya Shankar Agnihotri Vs. U.P. State ...
Court: Allahabad
Decided on: Apr-12-2007
Reported in: [2007(113)FLR1064]
Anjani Kumar and Sudhir Agarwal, JJ.1. Heard Sri R.K. Pandey for the petitioner and Sri Shiv Nath Singh, learned Counsel for the respondents.2. The writ petition is directed against the orders dated 5.3.1999 passed by the Managing Director, U.P. State Handloom Corporation Limited (hereinafter referred to as 'Corporation'), respondent No. 3, dismissing the petitioner from service pursuant to a departmental enquiry, and, dated 22.8.1999 passed by the Chairman U.P. State Handloom Corporation rejecting his appeal.3. The facts, in brief are that U.P. State Handloom Corporation is a company registered under the Companies Act, 1961 wholly owned by the State of U.P. It is a instrumentality of State Government and is a 'State' under Article 12 of the Constitution of India. The petitioner was appointed as Depot Manager (Grade-2) vide appointment letter dated 1.6.1980 issued by the respondent No. 3. The service conditions of the petitioner are governed by the U.P. State Handloom Corporation Ltd. ...
Committee of Management, Arya Kanya Pathshala Inter College and anr. V ...
Court: Allahabad
Decided on: Apr-12-2007
Reported in: 2007(3)AWC3056
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Learned Counsel for the respondent No. 5, who appeared through caveat, stated that he did not propose to file any counter-affidavit.3. Petitioners on the one hand and respondents No. 4 and 5 on the other hand are rival claimants to the Management of Arya Kanya Pathshala Inter College, Kalpi, Jalaun. Serious dispute between the two groups started after insertion of a clause in the bye laws of the society providing that respondent No. 5 Akhil Jaitley would be life time Secretary/Manager. The validity of the said clause is said to be sub-judice in a pending suit, in which temporary injunction order is also stated to be continuing.4. Learned Counsel for both the parties categorically stated that Executive Body of the society and Committee of Management of the College is same with the only difference that some of the members of teaching staff are also ex-officio members of Committee of Management.5. In this writ petition absolutely no...
Surya Bhan Singh Vs. U.P. Lok Sewa Adhikaran and ors.
Court: Allahabad
Decided on: Apr-12-2007
Reported in: 2008(1)AWC623
Pradeep Kant and Ran Vijai Singh, JJ.1. Heard the learned Counsel for the petitioner Sri S.N. Bharadwaj and Sri Alok Sinha, Addl. Chief Standing Counsel, for the State.2. The petitioner, serving as Lekhpal, was suspended vide order dated 24.4.1984. He was thereafter served with a charge-sheet, which contained four charges ; the four charges are not in controversy but suffice would be to as that the petitioner, who was working as Lekhpal was suspended for the alleged misconduct committed by him for which an F.I.R. was also lodged against one of the charge of breaking open the lock and stealing the records. In the criminal case, the petitioner had been acquitted, vide judgment and order dated 21.4.1987. After submission of the enquiry report, the punishment order dismissing the petitioner from service was passed on 27.2.1985. The petitioner being aggrieved preferred a claim petition under Section 4 of the U. P. Public Services Tribunal Act, 1976, which was contested by the State and ulti...
Union Bank of India Vs. Smt. Sheela Devi
Court: Allahabad
Decided on: Apr-12-2007
Reported in: [2007(114)FLR803]
H.L. Gokhale, C.J.1. Heard Sri Vijay Ratan Agrawal, learned Senior Counsel appearing for the appellant and Sri A.N. Srivastava, learned Counsel for the respondent.2. The appellant seeks to challenge the order dated 21st February, 2007 passed by a learned Single Judge, whereby the. learned Single Judge has directed the appellant to offer compassionate appointment to the respondent herein, preferably within six weeks from the date of the order.3. The short facts leading to this appeal are this wise. The husband of the respondent was working as a Clerk/Typist under the appellant/Bank in district Ballia. He died at a young age of about 33 years due to cancer on 22nd March, 1999. On 10th April, 1999, the respondent applied for a job to the appellant/Bank on compassionate ground. She. had to look after three minor children apart from herself. This application dated 10th April, 1999 was rejected by the appellant/ Bank by its communication dated 19th February, 2000.4. The respondent filed one ...
Commissioner, Trade Tax Vs. Azad Scrap Traders
Court: Allahabad
Decided on: Apr-12-2007
Reported in: (2009)20VST768(All)
Vikram Nath, J.1. Case has been called out in the revised list.2. Heard learned Standing Counsel for the revisionist. Even though the name of Sri N.R. Kumar and Sri Vishwajeet, Advocates, have been printed in the cause list on behalf of assessee-opposite party but they are not present in the revised call.3. This revision under Section 11 of the U.P. Trade Tax Act, 1948 (for short, referred to as 'the Act') has been filed against the order of the Trade Tax Tribunal dated April 30, 1997, whereby the second appeal filed by the assessee was allowed and the demand raised by the department against the assessee was set aside.4. The only issue involved in the matter is as to whether during the course of inter-State sales where Central sales tax has been paid under the notification dated January 7, 1969, the liability would be of only one per cent upon further sale or where Central sales tax has not been paid during the course of inter-State sale, the liability would be as per the Act. In the p...
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