Court : Allahabad
Reported in : (2005)199CTR(All)511; [2006]280ITR16(All)
A.K. Yog, J.1. Aforementioned six Writ Petitions, under Article 226, Constitution of India with identical factual matrix giving rise to common questions of law, with the consent of the learned counsel for the parties have been connected to be heard together and decided by a common judgement.2. For convenience, we refer to the facts of the leading case- viz. Writ Petition No. 1046 of 2005- Mithlesh Kumar Tripati v. The Commissioner of Income Tax and Ors. 3. Mithlesh Kumar Tripathi and Smt. Seema Tripathi, the two petitioners in the above six writ petitions three each happens to be husband and wife who have been filing their 'returns' with Income Tax Permanent Account No. ABUPT 3610 Q and ACEPT 6474 H.4. As envisaged Under Section 132(1), Income Tax Act, 1961 (called 'the Act') a search was carried out at the office premises of the petitioners at 3B, Sagar Apartments, Tilak Road, New Delhi on 10-10-2002. Separate cases for three Assessment years; viz. 1998-99, 1999-2000 and 2000-2001, we...
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All641; [1971]27STC161(All)
Pathak, J. 1. This is a reference under Section 11 (1) of the U. P. Sales Tax Act on the following question:'Whether under the facts and circumstances of the case the proceedings for assessment in this case should not have been taken to be the proceedings for 'escaped assessment' under Section 21 of the U. P. Sales Tax Act and should have been held to be only the first assessment under Rule 41(5) of the U. P. Sales Tax Rules as mentioned in the notice for assessment issue to the asses-see ?'2. The assessee is a partnership firm which appears to have enjoyed a brief period of existence only. Business was commenced on February 13, 1957 and was closed on July 8, 1957. The dissolution of the firm followed on October 5, 1957, Admittedly, notice of the dissolution was not conveyed to the sales tax authorities.3. The assessee did not file any return of its turnover under the U. P. Sales Tax Actfor the period during which it had carried on business during the assessment year 1957-58. On March ...
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC2828; (1999)2UPLBEC1558
D. K. Seth, J. 1. In this writ petition, the order dated 13th September. 1991, passed by the U. P. Secondary Education Services Commission being Annexure-50 to the writ petition granting approval to the order of dismissal of the petitioner from the post of Principal of Sri Krishna Inter College, Ashram Barhaj. Deoria is under challenge.2. Mr.. S. N. Shukla, learned counsel for the petitioner has taken a simple but Interesting point to the extent that the charge-sheet was issued by the Manager and not by the Enquiry Committee appointed under Regulation 35. Chapter III of the Regulation framed under U. P. Intermediate Education Act and as such, in view of the ratio decided in the decision in the case of Committee of Management, Shahganj Public Inter College, Shahganj and another v. U, P. Secondary Education Service Commission, Allahabad and another, (1995) 3 UPLBEC 1593, interpreting Regulations 35 and 36 of the said Regulation. Admittedly, the charge-sheet was issued by the Manager. The...
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC615
V.K. Shukla, J.1. Committee of Management, Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, through its Manager Smt. Ratan Prabha Khandelwal, is assailing the validity of the order dated 21.6.2004 passed by U.P. Secondary Education Service Selection Board, Allahabad, rejecting the resolution of dismissal forwarded by the Managing Committee of the institution qua Km. Sarojini Barsol, Principal of the institution.2. Brief facts, as mentioned in the writ petition, is that in the district of Mathura, there is an institution known as Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, the affairs of which are run and managed as per provisions contained under U.P. Intermediate Education Act, 1921, and the Regulations framed thereunder, and as per provisions contained under U.P. Secondary Education Service Selection Board Act, 1982. In the institution concerned, Km. Sarojini Barsol had been discharging her duties as lecturer and subsequently, s...
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC513; (1997)3UPLBEC1862
O. P. Garg, J.1. These are two writ petitions in which common question of law and fact have been raised. It is, therefore, proposed to decide them together by this common judgment.2. Put briefly, the facts of the case are that Raja Ram Shukla, the petitioner in Civil Misc. Writ No. 35627 of 1995, who was Principal of Vinoba Inter College, Kamasin, district Banda was placed under suspension for reasons of financial irregularities, misconduct and insubordination by the Committee of Management (the petitioner in the Civil Misc. Writ No. 33649 of 1995) on 9.11.1992 pending departmental enquiry. A charge-sheet dated 22.11.1992 was served upon Sri Shukla. A supplementary charge-sheet dated 5.10.1993 was also issued to him. Sri Raja Ram Shukla submitted his replies to the two charge-sheets on 13.8.1993 and 25.10.1993. After conclusion of the enquiry, a report was submitted by the Committee of Enquiry on 30.1.1994. The Disciplinary Authority, i.e., the Committee of Management, issued a show ca...
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1547; (2000)2UPLBEC1104
S.H.A. Raza, J.1. Present writ petition has been filed by the persons, who were selected by the U. P. Higher Education Services Commission, (hereinafter referred to as the Commission), assailing the Government Order dated 1.4.1997, by means of which the selection process, on receipt of certain complaints were suspended on 11.4.1997. Similar orders passed by the State Government were also challenged by the petitioners, wherein it was stated that the State Government, on receipt of certain complaints regarding irregularities committed by Commission in the selection on the post of Principal, directed that the selection be not made without previous approval of the State Government. It was further directed that the Commission shall, without previous approval of the State Government in writing, take no steps to make the selection of the candidates by direct recruitment for appointment in substantive vacancies of the Principal between April 2 to 5, 1997 and shall not prepare any panel of the ...
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC2944; [2000(87)FLR956]; (1999)3UPLBEC2133
V.M. Sahai, J.1. The petitioner was appointed on 18.11.76 as Assistant Teacher in L. T. Grade in Ram Pyari Arya Kanya Inter College, Moradabad (in brief Institution). On '5.10.1991 she made a complaint to the principal that progress report and transfer certificates reveal that four students had obtained fictitious certificates that they passed XI class examination from the institution, though they were not students of the institution. It was alleged that these forged certificates were prepared by connivance of teaching and non-teaching staff. Out of the four students, name of Km. Chhabi, daughter of another teacher Smt. Savita Rastog! was also mentioned in the complaint. The petitioner also attached progress report and transfer certificate of Km. Chhabi along with her complaint. On 10.10.91. a fight took place in the Institution between the petitioner and Smt. Savita Rastogl. The petitioner lodged a F.I.R. on 10.10.91. The management, by resolution dated 14.10.91. suspended the petitio...
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC2925; (1999)3UPLBEC2358
R.R.K. Trivedi, J.1. Petitioner of Writ Petition No. 8442 of 1993 has preferred this special appeal under Chapter VIII. Rule 5 of the Rules oforder dated 19.7.1995, passed by learned single Judge under which the writ petition challenging his dismissal from the post of Principal of R.B.M. Inter College, Tilhar, district Shahjahanpur, by resolution dated 15.12.1991, passed by theapproval of the same by U. P. Secondary Education Service Commission (hereinafter referred to as the Commission) by order dated 18.2.1993, has been dismissed. Appellant/petitioner Dharam Veer Gupta (who shall hereinafter be referred to as petitioner) was selectedand appointed as principal of the college on 8.3.1973. However, his relations with the employer-smooth from the very beginning and the Committee of Management made first attempt to terminate his services on 26.2.1974. However, as no prior approval of the District Inspector of Schools (hereinafter referred to as the D.I.O.S.) under Section 16G of the U. P....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All103; 1960CriLJ188
James, J. 1. Nadir Ali Barq Zaidi, Abdul Hamid Khan, Wajid Ali, Pritam Singh, Shujat Ali Khan Rahher, Tulsi Das and Abdul Majid Khan were tried before the Additional Sessions Judge of Moradabad for offence which fell under three main heads: first, that during the period the l5th June 1952 to the 2nd August 1952 they along with some persons unknown were party to a criminal conspiracy to commit the offence of cheating in the towns of Moradabad and Chandausi and were thereby guilty of an offence punishable under Section 120BI.P.C., second, that in pursuance of the conspiracy aforesaid they opened a firm entitled 'Bharat Helpers' and by making false statements, misrepresentation of facts, suppression of material particulars and other subtle devices dishonestly and fraudulently induced many members of the public to deliver various sums of money to them, in particular 26 named individuals, and were thereby guilty of an offence under Section 420 I. P. C. and third, that having been entrusted ...
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1308
Sunil Ambwani and Raj Mani Chauhan, JJ.1. Heard Shri Rahul Agrawal, learned Counsel for the petitioner. Shri S.C. Misra, Additional Standing Counsel has appeared for the respondents.2. The petitioner was appointed on 3.1.1998 as a regular member of Central Reserve Police Force (C.R.P.F.) as Assistant Commandant. During the training period, he was posted to various Battalions of the CRPF. While he was posted with 28th Battalion CRPF deployed al Hallo Majra, Chandigarh in the year 2001, he applied for and was granted 29 days earned leave w.e.f. 8.9.2001 to 6.10.2001 with permission to avail 07.10.2001 being Sunday by the Commandant of the Battalion and was due to rejoin duties on 8.10.2001. It is alleged that the petitioner could not rejoin on 8.10.2001, as his wife was pregnant and was seriously ill. Fie sent an application on 4.10.2001 requesting for 15 days extension of the leave on the ground of serious illness of his wife. His request however was not accepted by the Commandant and t...
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