Allahabad Court January 2008 Judgments
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O.N. Srivastava Vs. Punjab National Bank and ors.
Court: Allahabad
Decided on: Jan-22-2008
Reported in: 2008(3)AWC2861
U.K. Dhaon and Devi Prasad Singh, JJ.1. Heard Sri B.K. Singh, learned Counsel for the petitioner and Sri Sheelendra Kumar, learned Counsel appearing on behalf of the opposite parties.2. The petitioner has filed the instant writ petition against the order dated 25.11.1988 by which the petitioner has been dismissed from services.3. The brief facts of the case are that the petitioner was an employee of Hindustan Commercial Bank which was subsequently merged with Punjab National Bank. Before the merger, on account of the alleged irregularity committed by the petitioner he was placed under suspension. Thereafter a charge-sheet dated 3.1.1986 was issued to the petitioner by Hindustan Commercial Bank and on 24.7.1986 a supplementary charge- sheet was also issued to the petitioner by Hindustan Commercial Bank. After merger of the Hindustan Commercial Bank with the Punjab National Bank a charge-sheet dated 26.12.1987 was served upon the petitioner. The petitioner submitted reply to the charge-s...
(Captain) S.C. Gulati Vs. the Central Administrative Tribunal (Cat) an ...
Court: Allahabad
Decided on: Jan-21-2008
Reported in: [2008(117)FLR320]
Anjani Kumar and Sabhajeet Yadav, JJ.1. The petitioner aggrieved by the action of the respondents and the order dated 16th March, 1999/2nd June, 1999 (Annexure 12 to the writ petition) filed this writ petition with the following prayer:(i) to allow this writ petition.(ii) to issue writ order/direction in the nature of mandamus to the respondent No. 2 to pay salary w.e.f. 1-2-93 to 31-7-95 treating the petitioner as on duty and consider the petitioner for promotion in the grade of Rs. 3700-5000 (pre-revised) and other benefits alongwith others, before his juniors.(iii) to allow an interest @ 18% on the arrear of salary till the arrears are actually paid.(iv) to allow a compensation of rupees, eight Lakhs for causing damage, not only to the petitioner but to his entire family w.e.f. 1-2-93 till this date.(v) to quash the impugned order dated 16-3-99 /2-6-99 Annexure-12, issued in the name of president forfeiting entire pensionary benefits, including monthly provisional pension and gratui...
Chandra Pal Singh Son of Late Mukandi Singh Pradhan Vs. State of U.P. ...
Court: Allahabad
Decided on: Jan-21-2008
Reported in: 2008(2)AWC1923; [2009(121)FLR79]
H.L. Gokhale, C.J.1. Heard Sri S.K. Verma, Senior Advocate for the appellant. Sri M.K. Sharma appears for Respondents No. 9 to 12 and Sri Y.K. Yadav appears for Respondents No. 1, 2, 6,7 and 8.2. The appellant is a Pradhan of Gram Panchayat Kuri Rawana in district Moradabad. He has been proceeded with for financial irregularities in a preliminary enquiry under Rule 4 of the I;.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules 1997 (hereinafter referred to as the Rules) and his financial and administrative powers have been removed. He has to now face formal enquiry under Rule 5 of the Rules. It is at this stage that the appellant has filed a petition and challenged the order dated 3.12.2007 passed by the District Magistrate, Moradabad withdrawing his financial and administrative powers. The learned Single Judge has dismissed the petition, hence this appeal.3. Sri Verma, learned Counsel for the appellant, submits that under Proviso to Section 95(1)(g) of the U...
U.P. State Sugar Corporation and anr. Vs. Sukhveer Singh and anr.
Court: Allahabad
Decided on: Jan-21-2008
Reported in: [2008(118)FLR596]; (2008)IIILLJ779All
Rajiv Sharma, J.1. Heard Mr. P.K. Sinha, learned Counsel for the petitioners and Mr. Virendra Singh Chandel, learned Counsel for the opposite party No. 1.Undisputed facts of the case are that the opposite party No. 1, who worked on the post of Cane Head Clerk on permanent basis, was an employee of Jarwal Road Sugar Factory, which was taken over by the U.P. State Sugar Corporation and as such, he became the employee of Sugar Corporation. The opposite party No. 1 on attaining the age of superannuation retired from service, but he did not vacate the quarter, which was allotted in his favour as per service conditions. A clearance slip as required was submitted in respect of clearance of articles of the stores and advances etc. On February 12, 2001 the Store Keeper made a report that quarter has been vacated and as such, the gratuity was released on June 26, 2001.2. It is stated by the Counsel for the petitioners that the opposite party No. 1 failed to vacate the quarter on retirement and a...
Govind NaraIn Varma Son of Shri Brij NaraIn Varma Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Jan-18-2008
Reported in: 2008(2)AWC1261
V.C. Misra, J.1. Sri V.K.S. Chaudhary learned Senior Advocate assisted by Sri Kunal Ravi Singh and Sri R.S. Maurya, Advocates on behalf of the petitioner and the learned standing Counsel on behalf of the respondents are present.2. Both the above said writ petitions being identical in nature with common reliefs and grounds against the same impugned orders dated 30.4.1992 and 12.8.1992 are being decided together by this Judgment. Both the writ petitions have been filed from the orders of Prescribed Authority and Commissioner in proceeding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) by which all the four brothers have been treated as one tenure holder and their agricultural holdings have been clubbed together and declared surplus being beyond the ceiling limit.3. The facts of the case in brief are that one Sri Brij Narain Verma son of Jai Narain along with 5 sons; (1) Govind Narain (2) Deep Narain (3) Onkar Narain (4) Aditya Narain ...
Ashok Kumar Tripathi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-18-2008
Reported in: 2008(2)AWC1181
ORDERVineet Saran, J.1. The petitioner was a fair price shop licence holder. By means of an order dated 2.7.2005, passed by the Sub-Divisional Magistrate, Lalganj, district Pratapgarh his licence was cancelled. The appeal filed by the petitioner against the same has also been dismissed by the Commissioner, Allahabad Division, Allahabad by his order dated 9.5.2006. Challenging the said orders, this writ petition has been filed.2. I have heard Sri A.K. Tripathi and Sri R.S. Yadav on behalf of the petitioners and learned standing counsel on behalf of the respondents. Pleadings have been exchanged. With consent of the learned Counsel for the parties, this writ petition is being disposed of at the admission stage.3. The brief facts of this case are that on a complaint having been filed by the Chairman, Zila Panchayat, Pratapgarh to the District Magistrate, the District Magistrate inspected the fair price shop of the petitioner on 31.5.2005 alongwith Sub-Divisional Magistrate of the area, Te...
Smt. Omwati Vs. Commissioner, Meerut Division and ors.
Court: Allahabad
Decided on: Jan-18-2008
Reported in: 2008(2)AWC1179
ORDERVineet Saran, J.1. The petitioner purchased a residential plot of land measuring 100 sq. yards (83.61 sq. meters) vide sale deed dated 17.4.2003. The said transaction was for a sale consideration of Rs. 84,000 and the requisite stamp duty of Rs. 8,400 as required under the law, was paid by the petitioner. On a complaint having been filed by some person, the Sub-Registrar inspected the property on 12.2.2004 and submitted a report to the effect that a two storied house with a basement was constructed on the said plot and assessed the valuation of the construction as well as the land to be Rs. 9,02,000 and a deficiency of stamp duty of Rs. 81,800 was reported.2. On the basis of the said report, the petitioner was issued a' show cause notice. In her reply she categorically stated that the construction was made subsequent to the purchase of the plot, regarding which she had adduced certain evidence. However, by an order dated 17.10.2005 passed by the Additional Collector, deficiency of...
State of U.P. Vs. Jothan Ram Patel and anr.
Court: Allahabad
Decided on: Jan-18-2008
Reported in: [2008(117)FLR724]; (2008)IIILLJ59All
U.K. Dhaon and Devi Prasad Singh, JJ.1. Heard the learned Standing counsel for the petitioners and Sri G.K. Dwivedi, the learned Counsel for the opposite party No. 1.2. The petitioners have filed the instant writ petition against the judgment and order dated December 17, 1997 passed by the State Public Services Tribunal Lucknow, by which the claim petition preferred by the opposite party No. 1 was allowed and the punishment order was quashed with liberty to the petitioners to start de novo proceeding against the opposite party No. 1 from the stage of supplying the copy of the inquiry report if they are so advised.3. The brief facts of the case are that the opposite party No. 1 on the basis of charges was placed under suspension by the order dated July 21, 1982. The petitioners thereafter served the charge-sheet dated October 12, 1983 upon the opposite party No. 1. An FIR was also lodged against the opposite party No. 1 under Section 409 IPC. In spite of sufficient opportunity afforded ...
Pradeshik Co-operative Dairy Federation Ltd. Vs. Deputy Commissioner o ...
Court: Allahabad
Decided on: Jan-17-2008
Reported in: (2008)214CTR(All)624
1. The present appeal under Section 260A of the IT Act 1961, hereinafter referred to as the Act has been preferred against the order dt. 28th Oct., 2004 passed by the Tribunal, Lucknow whereby the appeal preferred by the appellant has been dismissed.2. Briefly stated the facts giving rise to the present appeal are as follows:For the asst. yr. 1990-91 the appellant filed return of loss which was processed under Section 143(1)(a) of the Act. Prima facie adjustment to the extent of Rs. 36,28,690 was made resulting into liability of additional tax of Rs. 3,12,655. The intimation dt. 5th Dec, 1990 was issued. However, in view of the judgment of this Court in the case of Indo Gulf Fertilizers & Chemicals Ltd. v. Union of India and Anr. (1992) 103 CTR (All) 25 wherein it was held that where the income assessed is loss, additional tax is not chargeable with respect to the adjustment made, the intimation dt. 5th Dec, 1990 rectified vide order dt. 13th Oct., 1992. Consequently, the levy of addit...
Smt. Triveni Singh Wife of Late Sri Arun Kumar, Daughter of Sri Heera ...
Court: Allahabad
Decided on: Jan-17-2008
Reported in: AIR2008All81; 2008(2)AWC1135
V.M. Sahai and R.N. Misra, JJ.1. The petitioner, widow of deceased Arun Kumar has sought relief by way of this writ petition to quash proceedings of Matrimonial Case No. 348 of 2004; Ram Bharosi Lal v. Smt. Triveni Singh, under Sections 11 and 12/5 of Hindu Marriage Act, pending before Family Court, Agra.2. We have heard Sri Ram Autar Verma, learned Counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 and 2. None was present for respondent Nos. 3 and 4. It has been alleged in the writ petition that the petitioner Smt. Triveni Singh was married with late Arun Kumar son of Ram Bharosi Lal, the respondent No. 3 on 9.7.1999. The marriage was consummated and a daughter was born from their wedlock on 25.6.2000, who is living with the petitioner. On 18.8.2000, Arun Kumar died. After his death, the petitioner and respondent No. 3 indulged in criminal litigation. Ultimately, the respondent No. 3 filed the aforesaid suit before Family Court, Agra, under Section 11 and 12...
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