Allahabad Court May 2007 Judgments
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Praful Steels and anr. Vs. State Bank of India
Court: DRAT Allahabad
Decided on: May-18-2007
Reported in: IV(2007)BC1
1. These are two appeals wherein the same point of law is involved and their facts are almost the same, therefore, both these appeals are being disposed of by this common judgment.2. The Appeal No. 589/2005 has been filed by its appellants Praful Steels and another against a judgment dated 11th August, 2005 passed in T.A. No. 565/2000 by D.R.T., Allahabad, whereas the Appeal No. 591/2005 arises out of a judgment dated 11th August, 2005 passed in T.A. No.532/2000 by D.R.T., Allahabad.3. Brief history giving rise to Appeal No. 589/2005 is that its appellant No. 1 was a proprietorship firm doing its iron and steel trading business at Kanpur. This firm approached respondent No. 1 -Bank in the year 1990 for providing cash credit facility which was sanctioned with a limit of Rs. 3 lacs. An agreement of hypothecation of stock as usual was executed in favour of the respondent Bank. In March, 1994 one person posing himself to be Moolchand Jaiswal along with one other Harish Chand laiswal appro...
Ghanshyam Das Son of Sri Triveni Prasad Vs. State Public Service Tribu ...
Court: Allahabad
Decided on: May-18-2007
Reported in: [2007(114)FLR860]
1. Aggrieved by the order dated 16.11.1995 passed by the U.P. Public Services Tribunal (hereinafter referred to as the 'Tribunal') in Claim Petition No. 524 of 1991 the petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the said order to the extent it has dismissed the claim petition filed by the petitioner. He has also assailed the order dated 5.1.1996 whereby the Tribunal has rejected his review application.2. The facts in brief as stated in the writ petition are that the petitioner was appointed as Salesman in U.P. State Food and Essential Commodities Corporation Ltd., Lucknow (hereinafter referred to as the 'Corporation') vide appointment letter dated 29.12.1977 issued by the Regional Manager of the Corporation. The petitioner joined his service on 2.1.1978 at Allahabad wherefrom he was transferred to Varanasi. He fell ill on 27.11.1980 and sent leave application on medical ground. The respondent No. 3 issued...
Ravindra Kumar Dubey S/O Shri Shreekant Dubey Vs. U.P. State Sugar Cor ...
Court: Allahabad
Decided on: May-18-2007
Reported in: 2007(4)AWC3946; (2008)ILLJ746All
Anjani Kumar and Sudhir Agarwal, JJ.1. Aggrieved by the order dated 17/19.11.1979 passed by the Managing Director, U.P. State Sugar Corporation Ltd. declaring petitioner's promotion as Labour Welfare Officer Grade-II as illegal, invalid and unenforceable and reverting him to the post of Labour Welfare Officer, Grate-III, the petitioner has come up in this writ petition seeking a writ of certiorari for quashing the same, and, a mandamus commanding the respondents to treat him as Labour Welfare Officer, Grade-II with all benefits.2. The facts in brief are that the petitioner was appointed as Labour Welfare Officer,Grade-III at M/s Maheshwari Khetan Sugar Mills Limited, Deoria (hereinafter referred to as the 'Factory'). The terms and conditions of Labour Welfare Officers are governed by the U.P. Factories Welfare Officers Rules, 1955 (hereinafter referred to as '1955 Rules'). The employment of Welfare Officers in different grades is based on the size and number of employees in the Factory...
J.C. Saxena S/O Late Dr. D.P. Saxena Vs. Union of India (Uoi) Through ...
Court: Allahabad
Decided on: May-18-2007
Reported in: 2007(4)AWC4209; 2008(1)SLJ481(NULL)
Anjani Kumar and Sudhir Agarwal, JJ.1. The petitioner having been allowed to retire voluntarily under Voluntarily Retirement Scheme (hereinafter referred VRS) on 21.5.1994 has sought a writ of mandamus commanding respondents to count his service from 27.5.1964 to 2.6.1973 and to give him 5 years weightage in calculating benefit of VRS or in the alternative to let him continue in service and revoke his VRS.2. The facts in brief are that the petitioner was appointed as Technical Supervisor Grade-Ill under Chief Inspectorate of Textile and Clothing, Government of India, Ministry of Defence on 7 May 1964 (Annexure 1). The appointment was temporary and on probation of 2 years. He was declared quasi permanent w.e.f. 1st July 1967 under. Rules 3 and 4 of the Civilians in Defence Service (temporary service) Rules 1949. In 1973, Export Council of India (hereinafter referred to as the 'Council') advertised vacancy of technical officer. The petitioner applied and after his selection, vide appoint...
Union of India (Uoi) Through the Controller General of Defence Account ...
Court: Allahabad
Decided on: May-18-2007
Reported in: 2008(1)CTLJ106(All); [2007(114)FLR652]
Anjani Kumar and Sudhir Agarwal, JJ.1. The present writ petition is directed against the order dated 30th January, 2003, passed by Central Administrative Tribunal, Allahabad (hereinafter referred to as Tribunal'), allowing original application No. 532 of 1996 filed by respondent No. 1, namely, Jeevan Shukla.2. The brief facts as stated in the writ petition are that Jeevan Shukla was appointed as lower division clerk on 22nd October, 1955 in the office of Controller of Defence Account, Allahabad (In short 'CDA Pension'). He was promoted as Auditor. He completed 20 years of qualifying service on 1st November, 1975. The respondent No. 1 consequently submitted an application on 10th September, 1974 requesting the petitioners for accepting his voluntary retirement with effect from 1st November, 1975 with further request to pay his pension and gratuity since he would have completed 20 years of qualifying service on 20th October, 1975. His application for voluntary retirement was accepted by ...
New Okhla Industrial Development Authority Through Its Chief Legal Adv ...
Court: Allahabad
Decided on: May-18-2007
Reported in: 2007(4)AWC3497
Anjani Kumar and Sudhir Agarwal, JJ.1. All these writ petitions arise out of the common order dated 8.11.1998 passed by U.P. Public Service Tribunal (hereinafter referred to as the 'Tribunal') involving common questions of law and facts and therefore as agreed by learned Counsel for the parties have been heard together and are being decided by this common judgment.2. For the purpose of giving facts in brief and with the consent of the parties the Writ Petition No. 43860 of 1998 has been taken as leading case. The respondent No. 2 Mishri Lal filed Claim Petition No. 338 of 1993 before the Tribunal claiming Regularisation and wages as admissible to regularly employed persons of New Okhla Industrial Development Authority (hereinafter referred to as 'NOIDA'). Similar claim petitions were filed by other private respondents. The NOIDA authority putting appearance, raised a preliminary objection that the claim petitions have been filed by the persons who are workmen under U.P. Industrial Disp...
Heera Lal Son of Sri Mohan Lal Kushawaha (Kachhi) Vs. State Bank of In ...
Court: Allahabad
Decided on: May-18-2007
Reported in: [2007(114)FLR848]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. By means of this writ petition, the petitioner has challenged the result communicated to him vide letter dated 18.12.1996 (Annexure-6) to the writ petition.3. Brief facts of the case are that the petitioner was engaged as temporary class IV employee in the State Bank of India Branch Phoolpur, District Allahabad and worked there since April 1975 to February, 1976.4. A compromise dated 17.11.1987 was entered into between the Union of the workmen and the Management. In pursuance of the settlement a circular dated 2.5.1988 was issued by the State Bank of India, Karmik Vibhag local Head office at Lucknow to its all branches that those employees who had worked in the Bank for more than 240 days continuously in a calendar year or has worked for more than 90 days as temporary employees may be considered for permanent appointment.5. Consequently an advertisement dated 28.8.1991 was published inviting applications for pe...
Rajendra Kumar Dubey Son of Sri Lakshmi Kant Dubey Vs. Union of India ...
Court: Allahabad
Decided on: May-18-2007
Reported in: [2007(114)FLR643]
Vineet Saran, J.1. The petitioner was a Constable in the Central Industrial Security Force. For an incident which occurred on 21.12.2002, the petitioner was given a charge-sheet. After he submitted his reply, an enquiry was conducted in which he was held guilty of the charges. After submission of the enquiry report, the petitioner was given an opportunity by the disciplinary authority to show cause. After submission of his reply, the disciplinary authority, respondent No. 2, vide his order dated 31.3.2003, imposed punishment of compulsory retirement from service with pensionary benefits. Aggrieved by the said order, the petitioner filed an appeal, which was dismissed by the respondent No. 3 vide his order dated 25.11.2003. Challenging the said order, the petitioner filed a revision, which was also dismissed by the respondent No. 4 on 27.4.2004. Aggrieved by the aforesaid orders, this writ petition has been filed.2. I have heard Sri B.P. Srivastava, learned Counsel appearing for the pet...
NizamuddIn S/O Sulaman and Vs. the District Manager, Food Corporation ...
Court: Allahabad
Decided on: May-18-2007
Reported in: [2007(115)FLR525]
1. Heard Sri R.C. Gupta, learned Counsel appearing for the appellants and Sri N.P. Singh, learned Counsel appearing for the respondents, the Food Corporation of India, at length.2. This is an appeal against the judgment and order of learned Single Judge dated 29th March, 2005 dismissing the writ petition filed by the appellants.3. Brief facts necessary to be noted for deciding the issues raised in the appeal are; the appellant No. 2, Sulaman, has been working as Handing Labour in the Food Storage Depot, Chandari Kanpur. The Food Corporation of India (hereinafter referred to as the Corporation) issued a circular dated 3rd July, 1996 implementing a scheme for appointment of next kin of departmental workers, who seek retirement on medical ground at their own request. The said scheme provided that Board of Directors have approved on 10th June, 1996 that the benefit of compassionate ground appointment shall be extended to the dependent of the departmental workers who seek voluntary retireme...
Cit Vs. Bisauli Tractors
Court: Allahabad
Decided on: May-18-2007
Reported in: (2008)217CTR(All)558; [2008]299ITR219(All)
ORDERR.K. Agrawal, J. 1. The Income Tax Appellate Tribunal, Delhi has referred the following question of law under Section 256(1) of the Income-tax, Act, 1961 (hereinafter referred to as 'the Act') for opinion of this Court.Whether the Income Tax Appellant Tribunal was justified in holding that question does not arise of getting the account audited as the assessee was not maintaining any books of account ignoring the fact that Section 44AB is a separate and mandatory provision and has no inter-link with Section 44AA of the Income Tax, Act, 1961?2. The reference relates to the assessment years 1987-88 to 1989-90.3. Briefly stated the facts giving rise to the present reference are as follows:The assessee-firm deals in the sales and purchase of tractors and its spares. During the assessment year 1987-88, assessee has filed its return showing an income of Rs. 32,000. Along with return of income the assessee has not attached any documents, except one challan of advance tax of Rs. 1,500. Ass...
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