Court : Allahabad
Reported in : AIR1958All758; 1958CriLJ1278
M.L. Chaturvedi, J. 1. These two appeals arise out of two suits brought by the appellant Lala Ram Narain against Sri A. Sen and Sri Baltair Prasad for recovery of Rs. 10,000/- as damages for false imprisonment. 2. In August, 1944 Sri A. Sen was working as the District Supply Officer in Agra and Sri Balbir Prasad was working as an Inspector under him. The District Magistrate of Agra had promulgated a Brick and Cement Control Order under Rule 81 of the Defence of India Rules on the 31st March, 1944. This Brick and Cement Control Order was in supersession of a previous one promulgated in December, 1943. By the order of the 31st March, 1944, which is the control Order with which we are concerned in these appeals, the District Magistrate prohibited any person or local body from using or causing to be used pucca bricks and cement in the construction of any building or part thereof in the district of Agra, without first obtaining a permit for the same from the District Magistrate or the Distr...
Tag this Judgment!Court : Allahabad
Reported in : 1962CriLJ251
Jagdish Sahai, J.1. The petitioner R.S. Sharma has been convicted under Section 80 of the Factories Act (herein-after referred to as the Act) and Rule 110 of the Rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of Rs. 100/-. He filed a revision application before the learned Sessions Judge who refused to make a reference to this Court and rejected the application. Thereafter the petitioner filed a revision application in this Court under Section 439 Cri.P.C. which came up for hearing before a learned Single Judge. On a reference being made by him to a larger Bench the matter has come before us. The only submission that has been made on behalf of the petitioner before us is that the complaint on the basis of which he has been convicted was barred by limitation.2. The accident giving rise to this reference and in which one Zile Singh was the victim occurred on the 19th of September 1957. The matter was reported to the Inspector of Factories (here...
Tag this Judgment!Court : Allahabad
Reported in : (1961)IILLJ717All
Jagdish Sahai, J.1. The petitioner R.S. Sharma has been convicted under Section 80 of the Factories Act (hereinafter referred to as the Act) and Rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of Rs. 100. He filed a revision application before the learned Sessions Judge who refused to make a reference to this Court and rejected the application. Thereafter the petitioner filed a revision application in this Court under Section 439, Criminal Procedure Code, which came up for hearing before a learned single Judge. On a reference being made by him to a larger Bench, the matter has come before us. The only submission that has been made on behalf of the petitioner before us is that the complaint on the basis of which he has been convicted was barred by limitation.2. The accident giving rise to this reference and in which one Zile Singh was the victim occurred on 19 September 1957. The matter was reported to the Inspector of Factories...
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC81
M. Katju, J.1. These 19 special appeals are being disposed of by this common Judgment.2. Heard learned counsel for the parties.3. These special appeals are directed against the Judgment of the learned single Judge dated 26.11.1998 by which the learned single Judge allowed the writ petitions and cancelled the termination orders of the petitioners and directed that they shall be treated in continuous service and shall get their salaries.4. Out of these 19 special appeals, four of them relate to Azamgarh and the remaining 15 relate to Allahabad. Although the principle of law applicable to all these 19 cases are the same, there is one factual difference between the Azamgarh cases and the Allahabad cases. The four appeals relating to Azamgarh, i.e., Special Appeal Nos. 64, 65, 66 and 69 of 1999 relate to writ petitioners who were appointed and worked on temporary basis for a few days, (though as contended by the learned counsel for the U.P. Jal Nigam, it was against the clear direction of t...
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All63; (2001)1UPLBEC44
A.K. Yog, J.1. All these petitions were clubbed and heard together as jointly agreed by the learned counsels for the parties. Salient facts of the cases are not disputed.2. These petitions have been filed by certain students, registered bonafide students of the University of Allahabad (called the 'University') and its affiliated Colleges (called the 'Colleges') being aggrieved due toinaction of the Respondents in the matters of 'unfair means cases' and failing to discharge their statutory obligation under Uttar Pradesh State Universities Act, 1973 (called the 'Act, 1973') due to pendency of criminal proceedings under The U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 (called the 'Act, 1998') and as a consequence thereof these students being prevented from further pursing their respective academic studies.3. These Petitioners are charged of using means while appearing in their respective examination conducted by the University / Colleges. First Information Reports have ...
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC913; (1999)1UPLBEC718
O.P. Garg, J.1. The petitioner-Smt. Sandhya Gupta admittedly is the duly elected Pradhan of Gaon Panchayat. Jagatpur, Post Muradganj. Block Ajitmal, district Auraiya, which was earlier a part of district Etawah. Certain complaints were received against her with regard to financial irregularities including squandering of public money as well as extracting illegal gratification. The Chief Development Officer, Etawah passed an order on 19-7-1997 stripping the petitioner of her financial powers by invoking the provisions of Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act of 1947). This order was challenged by the petitioner by filing Civil Misc. Writ Petition No. 26863 of 1997 in which the order passed by the Chief Development Officer (forshort 'C.D.O.') was directed to remain in abeyance. Consequently, the C.D.O. rescinded his earlier order dated 19,7.1997 and restored the financial power of the petitioner by passing fresh order dated 28.8.1997...
Tag this Judgment!Court : Allahabad
Reported in : 2008(2)AWC1139
Anjani Kumar and Rakesh Sharma, JJ.1. Heard Sri Shailendra, learned Counsel appearing on behalf of the petitioner, learned Standing Counsel for respondents No. 1, 2, 3, 4 and 6, Sri Ranjan Srivastava for respondent No. 5 and Sri U.K. Saxena, learned Counsel for respondent No. 7.2. The petitioner, who is the President of Nagar Palika Parishad, Ahraura, district Mirzapur, which is a Municipal 3oard constituted under the Uttar Pradesh Municipalities Act, 1916 (In short 'Act of 1916'), approached this Court by means of present writ petition under Article 226 of the Constitution of India seeking prayer to quash the order dated 19th December, 2007, a copy whereof is annexed as Annexure-'20' to the writ petition, whereby the State government in purporting exercise of power under Sub-section (2) of Section 48 of 'Act of 1916' has passed the order ceasing the financial and administrative power of the petitioner, pending enquiry in the matters of charges levelled against the petitioner.3. Learne...
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC181; (2004)1UPLBEC20
R.K. Agrawal, J.1. Since all these writ petitions relate to the post of the Principal of Madan Mohan Malviya Inter College, Karchhana, Allahabad, they have been heard together and are being decided by a common Judgment.2. Civil Misc. Writ Petition No. 36846 of 1997 has been filed by the Committee of Management of Madan Mohan Malviya Inter College, Karchhana, Allahabad through its Manager, Girijesh Dwivedi seeking a writ, order or direction in the nature of certiorari quashing the order dated 23rd September, 1997 passed by the U.P. Secondary Education Services Commission, Allahabad, respondent No. 1 filed as Annexure-11 to the writ petition. The petitioners further seek a writ, order or direction in the nature of mandamus directing the U.P. Secondary Education Services Selection Commission (now the Board), Allahabad to decide afresh in accordance with law the entire proposal of dismissal dated 22.9.1996 Including the financial Irregularities and approve the same. A further writ of manda...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2005)95TTJ(All.)489
1. This is an appeal by the assessee in which the assessee has challenged the assessment for the block period completed under the provisions of Chapter XIV-B of the IT Act, 1961 (hereinafter called the Act).2.1. The assessee has listed as many as 11 grounds of appeal in the original memorandum of appeal, which were later on regrouped as per the direction of the Bench. The grounds originally taken and as regrouped read as under : (i) That the learned AO has erred in law and on facts in making the following additions/disallowances while determining undisclosed income within the meaning of Section 158BB of the IT Act, 1961 : (a) Rs. 1,28,856 addition in financial year 1995-96 for alleged unaccounted sales outside the books of account vide para 11 of the Order. (b) Rs. 51,50,000 addition in financial year 1995-96 for alleged income from undisclosed sources vide para 78.2 of the Order. (c) Rs. 44,000 addition in financial year 1994-95 for alleged income from undisclosed sources as the unex...
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC574; (2002)2UPLBEC1225
Sunil Ambwani, J. 1. This writ petition has been filed by the Committee of Management of Gochar krishi Inter College, Rampur Maniharan, district Saharanpur through its President Sri Gajendra Singh, challenging the order dated 28.8.2001 passed by the U. P. Secondary Education Services Selection Board, Allahabad communicating the decision of the Selection Board dated 16.8.2001 ; and the order dated 5.9.2000 passed by the District Inspector of Schools, Saharanpur. The Selection Board has disapproved the proposal to dismiss respondent No. 3 Sheesh Pal Singh, Principal of the college from service, and has directed the management to give charge of the post of Principal to Sheesh Pal Singh within a period of three days.2. I have heard Sri V.K. Shukla, learned counsel appearing for the petitioners and Sri A.K. Sharma, advocate, who has entered appearance as counsel on behalf of respondent No. 3, and with the consent of the parties, the writpetition is finally decided under the Rules of the Cou...
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