Court : Allahabad
Reported in : 1994CriLJ720
Palok Basu, J.1. In all the aforesaid four cases one of the points argued was that at the time of arrest of the petitioner in each case the ground of arrest and full particulars regarding it were not disclosed and, therefore, Article 22(1) of the Constitution of India stood violated. The other question in all the four cases was whether the petitioner was detained for a period more than necessary and in some beyond 24 hours and, therefore, Article 22(2) of the Constitution of India was violated. On these two grounds it was argued that the continued detention of the petitioner in each case was illegal. Some questions of fact were raised relating to each case which shall be dealt with at the relevant place. It may be noted here that in all the cases counter affidavits by the relevant opposite parties have been filed to which a rejoinder has also been filed by the petitioner and, therefore, as prayed by learned Counsel for the parties, all the petitions are being finally disposed at the ad...
Tag this Judgment!Court : Allahabad
Reported in : [1984]56STC133(All)
H.N. Seth, J.1. As the learned single Judge before whom these two connected sales tax revision applications came up for hearing felt that the decision of this Court in the case of Commissioner of Sales Tax v. Bharat Oxygen, Lucknow 1980 UPTC 686 on which the Sales Tax Tribunal had placed reliance while disposing of the appeal before it, required reconsideration, he vide his order dated 20th December, 1982, directed that these cases be listed before a larger Bench and this is how the matter has come up before us.2. The two dealers involved in these cases carried on the business of dispensing and selling medicines in the names of M/s. Kaderul Sehat Dawakhana and M/s. Rafekul Sehat Dawakhana at Sambhal in the district of Moradabad. In due course their assessments for the years 1976-77 (in the case of M/s. Kaderul Sehat Dawakhana) and 1977-78 (in the case of M/s. Rafekul Sehat Dawakhana) were reopened under Section 21 of the U. P. Sales Tax Act as it was felt that the turnover of sales of ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1980
A.K. Yog and B.B. Agarwal, JJ.1. Heard Sri Sanjiv Singh, Advocate, representing the petitioner and Sri Vivek Singh, Advocate, appearing on behalf of the respondents.2. It is admitted at the bar that no notice need be sent to Respondent No. 5, Central Administrative Tribunal, Allahabad Bench, Allahabad (called 'the CAT) as it is non contesting/ redundant party. Since all the contenting respondents are represented and issue raised in this petition can be adjudicated on undisputed facts discernable from the documents filed along with this petition, we decide this writ petition finally at admission stage as contemplated under Chapter XXII Rule 2, Explanation II, Rules of Court, 1952.3. The salient and relevant factual matrix of the case, required for appreciating and to decide this petition are simple and short.4. Petitioner is an employee of Northern Railway (now North Central Railway, Allahabad). He was engaged as Mobile Booking Clerk at Vindhyachal Railway Station in early 1982. He work...
Tag this Judgment!Court : Allahabad
Reported in : (1895)ILR17All438
Burkitt, J.1. In this case an application was made to Mr. Justice Banerji under Section 169 of the Indian Companies Act (Act No. VI of 1882) to grant an extension of time forgiving notice of an appeal against an order of the District Judge of Allahabad refusing an application under Section 214 of that Act. An extension of time for filing the appeal was also asked for. The learned Judge refused both applications being of opinion that no sufficient reason for granting them had been shown.2. This is an appeal brought under Section 10 of the Letters Patent of this Court against that order of refusal.3. Mr. Strachey for the respondent takes two preliminary objections against the hearing of the appeal. Firstly, he contends that no appeal lies, because, he says, the order under appeal is not a 'judgment' within the meaning of Section 10 of the Letters Patent, which gives a right of appeal from the judgment (not. being a sentence or order passed or made in any criminal trial), of no Judge of t...
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All229
ORDERN. N. Mithal, J.1. These four appeals have been filed by the State of U.P. u/S. 54 of the Land Acquisition Act read with S. 96, C.P.C.2. All these appeals are against a common judgment of the court below by which four references u/S. 18, Land Acquisition Act, which had been consolidated, were disposed of raising the compensation for the acquired land to Rs. 30/- per sq. yard.3. The appeals were filed beyond the period of limitation along with requisite application u/ S. 5 Limitation Act seeking condonation of delay. All these appeals are beyond time by more than 240 days. These are not the solitary cases where an appeal by the State Government has been filed with such long delay. In fact, if the experience we have had in this regard lately is any index, it would be an exception if an appeal is filed by the State within limitation for, as a rule, most of the appeals are accompanied by applications u/S. 5. So is the case with many of the public or local bodies.4. The affidavits that...
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2213
B.S. Chauhan, J.1. The present case depicts a sorry State of Government's mind and approach. It is revealed from the facts available that what a shabby manner the State is running its administration. The officers of the State instead of resolving the problems and performing their duties, have tried to make the situation more complex for extraneous considerations. They had been ex facie exhibiting malice and partnership'. It is a case of tug of war between two officials of a distinguished medical college of the State. The State administration apparently is divided into two lobbies, each taking positive sides with the errant teacher and staff member. Nobody appears to take any interest towards the ailing patients who rush to such colleges for the amelioration of their medical crisis.2. The writ petition has been filed by the officiating Principal of Motilal Nehru Medical College, Allahabad challenging the suspension order dated 24.6.2003 on various grounds, including mala fides against R...
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All34
Braund, J.1. The facts involved in this appeal are simple. The difficulty arises from the draftsmanship of the United Provinces Encumbered Estates Act of 1934. Respondent 2, B. Sarda Pershad and his two sons, respondents 3 and 4 as landlords applied for the benefit of the United Provinces Encumbered Estates Act, 1934. After taking the usual steps, the Special Judge of Etawah, who was a Special Judge of the first grade, on 1st September 1938 passed a decree under Section 14(7) of the Act finding the amounts due to the claimants against the debtors' estate and giving them simple money decrees for the amounts due to them.2. In these decrees, the learned Special Judge was concerned in particular with two claimants, one of whom is the present appellant, Bhatele Ramesh Chand, and the other, respondent 1, Dr. Shyam Lal. The matter need not be unduly complicated by tracing the history of the claims of these two gentlemen beyond observing that, in the events which had happened, the former, the ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All211; 1994(42)BLJR75; 1993CriLJ2256; (1993)2UPLBEC1339
ORDERD.P.S. Chauhan, J.1. The last bulwark of a State is its Courts of justice. There can be a State without an army but public confidence in the authority of the State cannot remain if there are no courts of justice so to run the rule of law with the rule of life. The Courts of justice work with the self generated centrifugal force owing to the faith of the people. They not only enjoy the faith of the people but at the same time also promote faith of the people in political and administrative hierarchy. The stream of administration of justice which is a sacred one like river Ganges emanates from the Constitution which unlike other rivers flowing from the same source has in itself a potentiality of cleansing mechanism not allowing pollution to overcome it, leading to stagnation of rule of law. The mechanism is based on dignity and honour conferred on the Hon'ble Judges by assigning distinct and sovereign position under the Constitution. They are constitutional appointees and functionar...
Tag this Judgment!Court : Allahabad
Reported in : [2008(116)FLR596]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.2. This petition has been filed by the workman challenging the award dated 13.1.1999 passed by the Labour Court, Agra, in Adjudication No. 234/1997, which was published on the notice board on 25.8.1999.By the impugned award the reference has been decided by the labour court against the workman holding that the order of reference was bad and that his services have been terminated and for an unsatisfactory work by the employer for loosing confidence upon him.3. The facts of the case are that the workman was engaged as Pathology Lab Assistant in Nauyhil Integrated Rural Project for Health and Development (hereinafter referred to as NIRPHAD) on 16.5.1979. It is claimed by the workman that his service were orally terminated with effect from 29.5.1995 pursuant to letter dated 27.5.1995 issued by the employer. A show-cause notice dated 26.7.1995 was issued to him directing him to be present at the Headquarters on 29.7.1995. It is alleg...
Tag this Judgment!Court : Allahabad
V.K. Shukla, J.1. In the present writ petition, subject matter of challenge is the order passed in summary court martial proceeding, wherein sentence has been awarded to the petitioner to serve rigorous imprisonment for six months and to be dismissed from service. Against the said order in question, petitioner preferred appeal, which has been dismissed on 18.05.1989 by mentioning that the same lacks substance. At the said juncture present writ petition has been filed before this Court on 07.03.1990.2. On 07.12.2003 in the absence of learned Counsel for the petitioner, present writ petition was dismissed, and thereafter an application was moved for recall the said order. Said application has been allowed on 09.12.2009, and thereafter, present writ petition has been taken up.3. On the matter being taken up today, Sri Sunit Kumar, learned Counsel for the petitioner, contended with vehemence that this Court should take note of the change in the legal provision as has been introduced under ...
Tag this Judgment!