Allahabad Court July 2009 Judgments
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Jahir Singh Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-09-2009
Reported in: 2009(4)AWC3833
Rakesh Sharma, J.1. Heard Sri A.K. Malviya, learned Counsel for the petitioner and learned standing Counsel representing the respondents.2. The petitioner, an erstwhile Head Constable in traffic police has assailed the order dated 28.12.2005, passed by S.P., Hamirpur removing the petitioner from service exercising the powers contained under Rule 8(2)(b) of the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991. His appeal and subsequent revision were also dismissed by the Deputy Inspector General of Police and Inspector General of Police, Allahabd Zone, Allahabad. These orders have also been challenged by the petitioner. At the relevant time, the petitioner was posted as Head Constable in traffic police in district Hamirpur. In connection with some criminal charges, he was placed under suspension by S.P., Hamirpur on 29.3.2005. A departmental enquiry was initiated against the petitioner. The Circle Officer, Hamirpur was appointed as Enquiry Officer. It has bee...
Rajendra Prakash Garg Vs. Bal Kishore Agarwal
Court: Allahabad
Decided on: Jul-09-2009
Reported in: 2009(4)AWC4073
Poonam Srivastav, J.1. Heard Sri A. K. Goyal, learned Counsel for the petitioner.2. The petitioner is owner and landlord of shop No. 299, Sarain Kham, Sunhari Masjid, Bareilly wherein the respondent is tenant at the rate of Rs. 100 per month. Petitioner filed an application under Section 21 (1)(a) of U.P. Act No. 13 of 1972 (hereinafter referred as the Act) for release of the shop which was registered as P.A. Case No. 21 of 2004. In support of the release application, the petitioner filed his own affidavit as P.W. 1 and that of son Rajat Garg PW-2 and Murlidhar Agarwal and Manish Chand Agarwal PW-3 and PW-4 respectively. The tenant contested the said application and filed a written statement.3. It is brought to my notice that the tenant instead of concluding the arguments before the prescribed authority, sought frivolous adjournments which were granted on 2.8.2006 and 8.8.2006 subject to payment of cost. The tenant in order to further delay the proceedings filed a belated application d...
Commissioner of Income-tax Vs. J.K. Synthetics Ltd.
Court: Allahabad
Decided on: Jul-09-2009
Reported in: [2010]320ITR397(All)
1. The present appeal, under Section 260A of the Income-tax Act, 1961 (hereafter referred to as 'the Act'), has been admitted vide order dated October 16, 2006, on the following substantial questions of law said to be arising out of the order of the Income-tax Appellate Tribunal dated March 22, 1999:1. Whether on the facts and in the circumstances of the case the Income-tax Appellate Tribunal was justified in deleting the interest of Rs. 15,41,888 charged under Section 216 of the Income-tax Act, 1961 without appreciating the fact that the advance tax estimate filed by the assessee were grossly incorrect and did not reflect true and correct income of the assessee ?2. Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in admitting the claim of the assessee for depreciation in higher rate relying upon the assessee's explanation that machinery comes into contact with corrosive chemicals without appreciating the fact that only c...
Mohd. Gayas Vs. Prescribed Authority/Civil Judge (Sr. Div) and anr.
Court: Allahabad
Decided on: Jul-08-2009
Reported in: 2009(4)AWC3438
Poonam Srivastav, J.1. Heard Sri K.K. Tripathi, learned Counsel for the petitioner and Sri Mohd. Asif and Sri Shamsad advocates for the contesting respondents Badre Alam.2. The judgment dated 18.11.2008, passed by the Prescribed Authority/Civil Judge (Senior Division), Kanpur Nagar in Rent Case No. 10 of 2006, Badre Alam v. Mohd. Gayas, and judgment dated 17.3.2009, passed by the A.D.J, Vth, Kanpur Nagar in Rent Appeal No. 128 of 2008, Mohd. Gayas v. Badre Alam, are impugned in the instant writ petition.3. The contesting respondent Badre Alam is the landlord of House No. 649 (Survey No. 605/1172/4) Faithfulganj, Cantt, Kanpur Nagar. The petitioner is tenant of one room, verandah, courtyard, latrine, kitchen, bathroom and open terrace on the first floor of the aforesaid house at monthly rent of Rs. 325. The landlord-respondent filed a release application under Section 21(1)(a) of the Act No. 13 of 1972 (hereinafter referred as the Act) before the Prescribed Authority on the ground that ...
Smt. Anjana Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-08-2009
Reported in: 2009(4)AWC3804
Vineet Saran, J.1. Heard learned Counsel for the petitioner as well as learned standing Counsel appearing for the State-respondents and Sri R.C. Kushwaha alongwlth Mr. Krishna Ji Khare on behalf of the caveator. Learned Counsel for the respondent-State that they do not wish to file counter-affidavit and thus, writ petition is being disposed of at this stage itself.2. The petitioner is an elected Gram Pradhan. By means of the impugned order dated 6.6.2009, passed by the District Magistrate, Deoria, the financial and administrative powers of the petitioner have been ceased. The contention of the learned Counsel for the petitioner is that the said order has been passed in gross violation of the provisions of U.P. Panchayat Raj Act as well as the Rules framed thereunder. It is submitted that an enquiry was initiated against the petitioner on some complaint made to the Chief Minister in the year 2007. An enquiry report was submitted on 31.10.2008 (Annexure-3 to the writ petition) in which t...
State Bank of India and ors. Vs. Chandra Deo
Court: Allahabad
Decided on: Jul-08-2009
Reported in: (2010)ILLJ209All
Yatindra Singh and S.S. Tiwari, JJ.1. The respondent was engaged by the State Bank of India, Johnstonganj, Allahabad Branch (the Bank) as a daily wage in 1981. The Bank thought of regularising the services of such persons and published an advertisement on August 20, 1991. The respondent applied and appeared in the interview before the committee on November 18, 1981. He was successful and his name was kept in the 1991 panel.2. The service of the respondent was not regularised. He filed a representation for regularisation of the same. When it was not being decided, he filed writ petition No. 2978/2001. It was disposed of on February, 2001, with a direction to the Bank to decide the same. The representation was rejected on February 17, 2001. The respondent filed writ petition substantially claiming: quashing of the order dated February 17, 2001, for his. regularisation, and to pay him salary as a regular Class IV employee. It was partly allowed on October 11, 2001. Hence, the present spec...
Krishna Prasad Vs. Bharat Prasad and ors.
Court: Allahabad
Decided on: Jul-07-2009
Reported in: 2009(4)AWC3432
Poonam Srivastav, J.1. Vakalatnama filed by Sri G.K. Tripathi, advocate on behalf of respondent No. 2 is taken on record.2. The writ petition is taken up in the revised list. Counter and rejoinder-affidavits have been exchanged. The writ petition is being decided finally at the stage of admission itself.3. Heard Sri Atul Dayal, learned Counsel for the petitioner and Sri G.K. Tripathi, learned Counsel appearing for respondent No. 2.4. The writ petition arises out of proceedings initiated at the instance of the landlord under Section 21(1)(a) of U.P. Act No. 13 of 1972 (hereinafter referred to as 'the Act'). The premises C.K. 52/21 Raja Darwaja, Varanasi, is a three storied building. There are three shops on the ground floor. One of the three shops is in the tenancy of the petitioner. Initially, the rent was Rs. 53.75 paise per month. Subsequently, rent was enhanced to Rs. 70 per month w.e.f. 1.6.1985. The tenant continues to pay rent at the rate of Rs. 70 per month for the shop in quest...
Girish Goel Alias Pooran Vs. Radha Raman Sinha (Since Deceased) and or ...
Court: Allahabad
Decided on: Jul-07-2009
Reported in: 2009(4)AWC3604
Poonam Srivastav, J.1. Heard, Sri M.K. Gutpa, learned Counsel for the tenant/petitioner and Sri A. K. Gupta, learned Counsel for the landlord/respondents.2. Counter and rejoinder-affidavits have been exchanged. As agreed between the parties, the writ petition is being decided finally at the stage of admission itself under the High Court Rules.3. S.C.C. Suit No. 173 of 1996, was instituted by the plaintiff/respondents for recovery of arrears of rent and ejectment against Kailash Chandra, predecessor in interest.4. The dispute relates to a building bearing municipal No. 19/278 Premier Nagar, Aligarh, which was let out on monthly rent of Rs. 375. A suit was instituted for eviction on the ground of arrears of rent w.e.f. July, 1994, as a consequence his tenancy was terminated by a notice dated 16.8.1996. On receipt of notice, rent was not paid. Hence, the suit.5. The contention of the Counsel for the petitioner is that father of the petitioner late Kailash Chandra was not served with any s...
Nagar Nigam Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-07-2009
Reported in: 2010(1)AWC192
Tarun Agarwala, J.1. The impleadment application is allowed. Necessary correction shall be carried out by the petitioner during the course of the day.2. Heard Shri Vijay Sinha, learned Counsel for the petitioner and Shri Siddhartha, the learned Counsel for the respondents.3. The petitioner has filed the present writ petition challenging the validity and legality of the award directing reinstatement of the workers with continuity of service and with 20% of the back wages.4. It transpires that the workers were engaged on Muster Roll on daily wage basis for the purpose of construction, pursuant to a project. The project came to an end upon the completion of the requisite construction work and consequently the services of the daily wage workers were dispensed with by the petitioner. The workers, being aggrieved by the dispensation of their services, raised an industrial dispute which was referred for adjudication before the labour court.5. Before the labour court, the only point urged was ...
Shahroz Khan Vs. U.P. Sunni Central Waqf Board and ors.
Court: Allahabad
Decided on: Jul-07-2009
Reported in: 2009(4)AWC4044
ORDERA.P. Sahi, J.1. Heard learned Counsel for the revisionist Mohd. Farooq Ansari and Mr. W. H, Khan and Sri M. A, Siddiqui for the contesting respondent.2. The revision has been preferred against the order dated 23.4.2009 whereby the application moved by the revisionist for rejecting the reference has been rejected. The objection taken by the revisionist was that the application was not entertainable as there was non-compliance of the period of 2 months' notice as provided for under Section 89 of the Wakf Act, 1995. Learned Counsel relying on the decision of M. S. Abdul Hameed v. S. M. Sheik Mohammad and Ors. AIR 2003 Mad 179 (para 19), urged that the claim of opposite party was in effect in the nature of a suit and, therefore, the procedure as prescribed under Section 89 ought to have been followed, This having not been done, the learned Civil Judge (Senior Division) has committed an error by rejecting the application of the applicant.3. Sri W. H. Khan for the opposite party invited...
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