Allahabad Court July 2007 Judgments
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Krishna Kumar Saxena Son of S.D. Bharti Vs. District Judge,
Court: Allahabad
Decided on: Jul-06-2007
Reported in: [2007(115)FLR435]
Rakesh Tiwari, J 1. The petitioner has knocked the door of this Court under Article 226 of the Constitution seeking the following reliefs:i) to issue a writ of mandamus directing he opposite party No. 1 to absorb the petitioner on the post according to the Selection List dated 24.5.1990;ii) to issue any other writ, order or direction which may be deemed fit and proper in the circumstances of the case;iii) to award costs of this writ petition to the petitioner.2. As per the case of the petitioner, he was empannelled in the Select List prepared on 24.5.1990 for the post of Process Server and Peons in the Subordinate Civil Court of Shahjahanpur.3. The petitioner moved representations dated 4.10.1993 and 11.10.1993 for his absorption but they remained unactioned. Thus, compelled him to institute the instant writ petition on the grounds, interalia, that the panel once formed would not exhaust; that since the posts were lying vacant, he is entitled to be absorbed in service by the respondent...
Hindustan Lever Limited Formerly Known as Brook Bond Lipton India Limi ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: [2007(115)FLR76]; (2008)ILLJ222All
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is challenging the award dated 27th March, 1997 passed by the Presiding Officer, Industrial Tribunal, Agra in a reference made by the State Government in the matter of Industrial dispute between Brook Bond Lipton India Limited, Tundla, District Firozabad and their workman Sri Pawan Kumar Jain son of Shri Phool Chandra Jain, Etah Road, Tundla, Firozabad. It may be mentioned here that in the writ petition, it is mentioned that Brook Bond India Limited is now known as Hindustan Lever Limited a Company incorporated under the Indian Companies Act.2. Brief facts of the case giving rise to the present case are that Sri Pawan Kumar Jain claimed to be working from June, 1988 as a casual clerk with the employer Brook Bond India Limited. His services claimed to be terminated on 5.2.1992 and was not paid salary after 1.2.1992. He claimed that he has worked for more than 240 days i...
G.B. Gupta, Officer, Jmgs-i, State Bank of India Vs. the General Manag ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: [2007(115)FLR647]; (2008)ILLJ930All
Anjani Kumar and Sudhir Agarwal, JJ.1. This writ petition is directed against the order of dismissal dated 21st October 1994 passed by respondent No. 1 and the appellate order dated 4th April 1995 passed by Deputy Managing Director (Appeals & Review).2. The facts in brief are that the petitioner was appointed as Cashier in State Bank of India (hereinafter referred to as the Bank) in 1963 and was further promoted in the cadre of officer in the Bank. He was issued a charge sheet dated 5th May 1992 (Annexure-5 to the writ petition) containing five charges of lack of devotion and diligence to duty, acting in a manner unbecoming of a Bank official, highly prejudicial to the Bank's interest, violation of Rule 32(4), and, misuse of his position as Officiating Branch Manager. Another charge sheet dated 10th May 1993 containing a single charge was served upon him. The petitioner replied both the charge sheets. Alter holding departmental inquiry in respect of both the charge sheets, enquiry offi...
Ravindra Kumar Kapoor Son of Sri B.D. Kapoor (Since Deceased Smt. Laxm ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: [2007(115)FLR438]; (2008)ILLJ333All
Anjani Kumar and Sudhir Agarwal, JJ.1. Ravindra Kumar Kapoor, the petitioner in the present writ petition since deceased and substituted by his wife Smt. Laxmi Kapoor (in short 'Petitioner'), has challenged the order dated 30th August, 1999, passed by respondent No. 2 and the order dated 24th March, 2000, passed by respondent No. 1, Annexures-'6' and '8' respectively to the writ petition.2. The brief facts of the present case are that petitioner joined the Punjab National Bank as Clerk-cum-cashier with effect from 31st July, 1972 at Civil Lines branch in the district of Saharanpur. In due course of time, the petitioner was promoted in the year 1979 and again in the year 1986 on account of which he rose to the rank of Manager Scale-II. The petitioner was suspended on 21st October, 1994 and was also served with a charge sheet dated 10th October, 1994 initiating disciplinary proceeding against him, which has been annexed as Annexure-'1' to the writ petition. The petitioner submitted a det...
Commissioner of Income-tax Vs. Shri Sharad Sharma L/H of Late Shri Kan ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: (2007)213CTR(All)248
Vikram Nath, J.1. The Income Tax Appellate Tribunal, Allahabad Bench, Allahabad has referred the following question of law under Section 256(1) of the Income Tax Act, 1961 (here in after referred to as the Act) for opinion if this Court:Whether on the facts and circumstances of case the I.T.A.T. was justified in holding that there was an over-riding charge against the sale proceeds of property and the assessee was not liable for capital gains in respect of Rs. 1,50,000/- paid to bank in discharge of loan taken by M/s Shanker Trades.2. The reference relates to the assessment year 1984-85.3. Briefly stated the facts giving rise to the present reference are as follows:4. The assessee is a partner in M/s Shanker Traders. M/s Shanker Traders took loan from the Bank of India. The house property No. 89/593 Prem Nagar, Kanpur, belonging to the assessee, was mortgaged to the Bank against the loan taken by the firm. The Bank enforced the recovery of loan against M/s Shanker Traders by sale of th...
Rajeev Kumar Tyagi S/O Sri D.P. Tyagi Vs. Union of India (Uoi) Through ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: 2007(4)AWC3583
Anjani Kumar and Sudhir Agarwal, JJ.1. The petitioner aggrieved by the order dated 7th May2007 passed by Central Administrative Tribunal, Allahabad Bench Allahabad (hereinafter referred to as'Tribunal'), whereby Original Application No. 457 of 2007 filed by the petitioner has been disposed of by the Tribunal observing that against the order of suspension the petitioner has remedy of review under Rule 29-A of the Central Civil Services (Classification, control and Appeal) Rules, 1965 (hereinafter referred to as '1965 Rules') and in case such an application is filed the same shall be decided in accordance with law within a period of three weeks, has approached this Court under Article 226 of the-Constitution of India contending that the order of suspension, impugned before the Tribunal, being wholly without jurisdiction, the Tribunal erred in law by declining to consider this aspect of the matter.2. This writ petition came up before this Court for admission on 21st May, 2007 as a fresh m...
Phool Chand Gupta Son of Sri R.A. Gupta and ors. Vs. Nagar Nigam Throu ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: 2008(1)AWC610
R.K. Agrawal, J.1. In all these writ petitions the petitioners, who are licensees of retail vend of country liquor and beer in the various districts of State of Uttar Pradesh, have challenged the levy and demand of licence fee by the concerned Nagar Nigam/Nagar Palika Parishad. Civil Misc. Writ petition No. 2435 of 2002 is being treated as the leading case. The facts giving rise to Civil Misc. Writ Petition No. 2435 of 2002 are as follows:2. The said writ petition hats been filed by 8 persons who are holder of licence in form FL-5B for retail vend of beer/country liquor at various places in the Municipal limit of Nagar Nigam, Allahabad. the licence relating to the Excise Year 2001-2002 i.e. the period from 1.4.2001 to 31.3.2002 has been issued by the Collector, Allahabad after obtaining sanction from the Excise Commissioner, U.P. Allahabad. According to the petitioners they are required to pay licence fee to the State Government for obtaining the licence as consideration for parting wi...
Rajesh Kumar Tiwari Son of B.D. Tiwari Vs. the State of Uttar Pradesh,
Court: Allahabad
Decided on: Jul-06-2007
Reported in: 2008(1)AWC233
R.K. Agrawal, J.1. Civil Misc. Writ Petition No. 584 of 1999 has been filed by Rajesh Kumar Tiwari whereas Civil Misc. Writ Petition No. 585 of 1999 has been filed by B.D. Tiwari wherein identical relief for quashing the order dated 21st March, 1999 passed by the Excise Commissioner, U.P. Allahabad has been sought. They further seek refund of Rs. 11,33,500/- paid by the petitioner in Writ Petition No. 584 of 1999 and Rs. 3,13,550/- on foreign liquor and Rs. 22,683/- on low strength rum paid by the petitioner of Writ Petition No. 585 of 1999 as difference of the excise duty on the left over stock of previous year 1998-99.2. Briefly stated the facts giving rise to the present petitions are as follows.3. Rajesh Kumar Tiwari has been granted a licence in Form FL-2 for the wholesale vend of foreign liquor for the Excise Year 1999-2000 whereas B.D. Tiwari along with other fifteen persons has been granted a licence jointly in Form FL-5A for the retail vend of foreign liquor, comprising of 73 ...
Gopi Chand Bishnoi S/O Late M.S. Singh Vs. State of U.P. Through Sanyu ...
Court: Allahabad
Decided on: Jul-06-2007
Reported in: 2007(4)AWC3591; [2007(115)FLR150]
Anjani Kumar and Sudhir Agarwal, JJ.1. Aggrieved by the order dated 30th September 2000 passed by respondent No. 1 imposing punishment of deduction of pension by 20% in exercise of power under Article 351-A of Civil Service Regulation (hereinafter referred to as CSR) the petitioner has sought a writ of certiorari for quashing the said order and has also sought a writ of mandamus commanding the respondents to release the entire pension, gratuity and other retiral benefits along with interest at the rate of 18%.2. The facts in brief, as stated in the writ petition are that the petitioner was appointed as Naib Tahsildar and promoted to the post of Tahsildar and Deputy Collector where-from he retired on attaining the age of superannuation on 30.6.1997. Just a few months earller to the date of retirement the petitioner received a charge sheet dated 20th December 1996 which contained four charges with respect to alleged irregularities committed by the petitioner while working as Land Acquisi...
Desh Bhushan JaIn Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-06-2007
Reported in: 2007(4)AWC3209
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Desh Bhushan Jain, seeks the following reliefs:(i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 29.4.2005 as communicated to the petitioner on 2.5.2005 (Annexure-3 to the writ petition).(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ignore the order dated 29.4.2005 as communicated to the petitioner on 2.5.2005 (Annexure-3 to the writ petition).(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant all consequential benefits to the petitioner ignoring the order dated 29.4.2005 with 24% interest per annum.(iv) Issue any order suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.(v) Award cost of the petition in favour of the...
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