Allahabad Court October 2015 Judgments
Bal Mukund Tripathi Vs. U.P.State Road Transport Corporation and Other ...
Court: Allahabad Lucknow
Decided on: Oct-29-2015
In short, the facts of the case are that on the basis of a report submitted by the Checking Staff on 2.2.1993, the petitioner,namely, Bal Mukund Tripathi, who was the Conductor and was posted in Mirzapur Depot of the U.P. State Roadways Transport Corporation [in short referred to as the Corporation], was placed under suspension by the Regional Manager of the Corporation vide order dated 1.3.1993 and subjected to disciplinary proceedings. Later on, a charge sheet dated 5.3.19993 containing 15 charges was served upon the petitioner and the main charge against the petitioner was that on checking, he failed to furnish the 'Way bill" and he did not issue Tickets to the passengers though had realized fare from them and incited the passengers against the checking staff. The petitioner submitted his reply denying the allegations levelled against him and alleged that the checking staff had demanded illegal gratification from the petitioner and on his inability to satisfy their demand the checki...
Tag this Judgment!Surendra Kumar Kanwat Vs. Union of India Thru. Sec. and Others
Court: Allahabad
Decided on: Oct-26-2015
Dr. D.Y. Chandrachud, C.J. 1. The special appeal is from a judgment of the learned Single Judge dated 7 September 2015. The appellant was admitted in 2006-07 to the MBBS degree course at Safai Medical College on a seat reserved for the Scheduled Tribes. The appellant claims to belong to the Scheduled Tribe of Meena. Admittedly, the aforesaid tribe has been designated as a Scheduled Tribe in relation to the State of Rajasthan but not in the State of Uttar Pradesh. The father of the appellant was employed in the Railways and was at the material time posted at Najibabad in the district of Bijnor in Uttar Pradesh. Thereafter, the appellant's father was transferred to New Delhi as part of the exigencies of service and eventually retired from service. The appellant completed his MBBS degree course in 2012-13 (on a reserved seat) and applied for the U.P. Post Graduate Medical Education Examination (UPPGMEE) on a seat reserved for Scheduled Tribes. The appellant was required to file his certif...
Tag this Judgment!Rameshwar Prasad Vs. U.P. Rajkiya Nirman Nigam Ltd.
Court: Allahabad Lucknow
Decided on: Oct-16-2015
A.H. Khan, J. Petitioner Rameshwar Prasad has filed this writ petition under Article 226 of the Constitution of India with the following prayers; "(i) That a writ, direction or order in the nature of certiorari be issued quashing that part of the order dated 21.12.1999 by which the petitioner has been absorbed on the post of Project Manager w.e.f. 19.11.1988. (ii) That a writ, direction or order in the nature of mandamus be issued commanding the respondents to absorb the petitioner on the post of General Manager in the U.P. Rajkiya Nirman Nigam Ltd. w.e.f. 19.11.1990 by treating him on the post of General Manager w.e.f. 1.1.1990 on the date he was promoted to the post of Superintending Engineer (Selection Grade) in his parent organisation. (iii) That a writ, direction or order in the nature of mandamus be issued commanding the respondents to grant the petitioner the promotion to the next higher post of Chief General Manager/Jt. Managing Director with effect from 1.1.1994 on the basis o...
Tag this Judgment!Navneet Kulsheshthra and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-15-2015
Yashwant Varma, J. 1. The twenty-seven petitioners who are all Laboratory Technicians in the Uttar Pradesh Rural Institute of Medical Sciences And Research, Saifai (The Institute) have petitioned this Court seeking the following reliefs: (a) Quashing of an advertisement dated 27 August 2006 to the extent it provided that the Laboratory Technicians would be appointed in a pay scale Rs. 4000-6000 in place of Rs.4500-7000; (b) Quashing of the appointment letters issued to the petitioners to the extent that it provided for a pay scale of Rs.4000-6000 in place of Rs.4500-7000; (c) Quashing of the resolution of the governing body of the Institute dated 28 June 2008 as well as the consequential order passed by the Director on 10 July 2008; (d) To grant to the petitioner the pay scale of Rs. 4500-7000 with arrears of pay scale from the date of their initial appointment; and (e) Grant of the new scale of Rs.5000-8000 being the scale of pay made effective from 28 July 2007 for Laboratory Technic...
Tag this Judgment!Commissioner of Income-tax-II, Agra Vs. Shimbhu Mehra
Court: Allahabad
Decided on: Oct-12-2015
Tarun Agarwala, J. 1. The present appeals relate to the assessment years 2003-04 and 2004-05. All the appeals involve the same question of law and are being disposed of by a common order. All the appellants are co-owners of a land situate at khasra no. 634 at village Artoni, Mathura Road, Agra. The land was mortgaged with State Bank of India, Agra, for the loan taken by the firm M/s Mehra Off Set Press in which the assessees were partners. On account of the non-payment of the outstanding dues, the Bank filed a civil suit for recovery of the amount and pendente lite interest. The suit was subsequently transferred to the Debt Recovery Tribunal. During the pendency of the proceedings, One Time Settlement was arrived at, on the basis of which, the assessees negotiated and entered into an agreement on 04.07.2001 with subsequent purchaser to sell the land at Rs. 34,71,750/- per hectare. In furtherance of the said agreement, the assessees received part consideration through which the liabilit...
Tag this Judgment!Ravi Agarwal Vs. Assistant Commissioner of Income-tax, Circle-II, Bare ...
Court: Allahabad
Decided on: Oct-08-2015
Tarun Agarwala, J. 1. The present appeal relates to the assessment year 2003-04. The appellant took a loan of Rs.21.20 lacs from a Company known as Sarnath Finance Limited, in which the appellant is a share holder to the extent of 15%. In assessment proceedings the appellant was required to explain as to why the loans and advances taken from Sarnath Finance Ltd. should not be treated as a deemed dividend in view of the provision of Section 2(22)(e) of the Income Tax Act (hereinafter referred to as the "Act"). The assessing authority, after considering the explanation held, that the alleged loan taken by the appellant was a deemed dividend and, therefore an income from other sources. The assessing authority held that the Finance Company, namely, Sarnath Finance Limited was mainly engaged in advancing hire purchase of transport vehicle and that the said Finance Company had only made 10.79% investment in loans and advances which cannot be termed as a substantial part of business of the Co...
Tag this Judgment!Const./Driver Murlidhar Pandey Vs. State of U.P. Through Prin. Secy. H ...
Court: Allahabad Lucknow
Decided on: Oct-07-2015
Anil Kumar, J. Heard Shri Sudhir Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel and perused the record. By means of the present writ petition, the petitioner has challenged the order dated 12.08.2012 passed by Superintendent of Police, District-Shrawasti. Facts in brief of the present case are that petitioner was recruited as a Constable in the Arme Police and after completing the training from RTC, he was posted at 11th Battalion, Sitapur. Thereafter, in the year 1978, he was selected for the post of driver and worked in different places of the State of U.P.. In the year 1986, after enforcement of the 4th Pay Commission, he was granted first promotional pay scale. Lastly, in the year 1992, as super selection grade has not been provided in the 5th Pay Commission, so the petitioner has not been given 2nd promotional pay scale after completing 24 years his service and also not given next promotional on the post of Inspector in pay scale Rs.5500-9000/- and 6500...
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