Court : Allahabad
Reported in : AIR1935All310
Iqbal Ahmad, J.1. This is an application in revision against an order of the District Judge of Cawnpore rejecting an application filed by the applicant, the British India Corporation Ltd. Cawnpore, (hereinafter called the Company), praying that sanction be accorded to the proposed consolidation of the deferred and ordinary shares of the company and that 'the minute suggested be approved.' The application purported to be an application under Section 54(1), Companies Act, (Act 7 of 1913). The section runs as follows:(1) A company limited by shares may, by special resolution confirmed by an order of the Court, modify the conditions contained in its memorandum so as to reorganize its share capital, whether by the consolidation of shares of different classes or by the division of its shares into shares of different classes:Provided that no preference or special privilege attached to or belonged to any class of shares shall be interfered with except by resolution passed by a majority number ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All141
ORDERMehrotra, J.1. The present petition and a number of other petitions have been filed by the petitioners under Article 226 of the Constitution challenging the order terminating their services as Lekhpals in various circles of different Districts. As many common questions arise in all these petitions, I propose to dispose of all these petitions by one common judgment. There may be certain distinguishing features in each of these cases which will be referred to when dealing with specific cases, if it is necessary to do so.2. Briefly the facts, which have been set out in the affidavit filed in support of the present petition and which are also common to most of the petitions with slight variations with regard to the dates of appointment and the examinations which were held in each case, arethat the petitioners were appointed on or about 3-4-53 as Lekhpals on the permanent cadre. In some of the cases there is a dispute whether the appointment is a permanent one or temporary one, but in ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All393
V.G. Oak, J.1. Sri Banarsi Das Kankan is a retired Civil Judicial Officer. He retired as a District Judge in 1942. He brought this suit against Government in 1944 for various declarations with respect to his service and pension, for the recovery of arrears of his pay, and for damages.2. His case is that, he was appointed to the United Provinces Civil Judicial Service, Agra Branch, in April 1917, and was confirmed as Civil Judge in 1936. He was promoted to the selection grade of Civil Judge in 1936. He was promoted to the selection grade of Civil Judges with effect from the 10th of May, 1940. From 1935 to 1938 he officiated as a Civil and Sessions Judge four times. For the fifth time he was appointed as a Civil and Sessions Judge on 5-12-1938. The appointment continued for over three years. He was confirmed as a Civil and Sessions Judge with effect from the 1st of July, 1941.3. A listed post of District and Sessions Judge in the Indian Civil Service cadre of the United Provinces fell va...
Tag this Judgment!Court : Allahabad
Reported in : [1964]52ITR201(All)
JAGDISH SAHAI J. - The Income-tax Tribunal (hereinafter referred to as the Tribunal) has in pursuance of the directions given by this court dated 11th of December, 1957, allowing an application under section 66(2) of the Indian Income-tax Act (hereinafter referred to as the Act) submitted a statement of case and referred some questions of law to this court for answer. When the hearing of the case started before us a preliminary objection was taken by Mr. Gulati on behalf of the income-tax department (hereinafter referred to as the department) that this court has no jurisdiction to answer the questions of law referred to it and that it is the Rajasthan High Court alone which has jurisdiction in the matter. In order to appreciate this argument it is necessary to give certain dates. The Tribunal rejected the application of the assessee under section 66(1) of the Act on the 7th of July, 1950, whereupon the assessee made an application to this court under section 66(2) of the Act some time ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All473
Jagdish Sahai, J.1. This First Appeal From Order under Section 202 of the Indian Companies Act, 1913 (hereinafter referred to as the Act) has been filed, by Srimati Salbha Devi Gupta against the order dated 28th May, 1963, passed by Sri R.N. Misra, District Judge, Varanasi, in Company Case No. 21 of 1954, Messrs Goverdhan Das Badri Prasad v. The Benares Cotton and Silk Mills, (In liquidation) dismissing the appellant's petition filed under Section 153 of the Act read with Sections 173 and 174 of the Act.2. It would contribute to a clear understanding of the questions raised before us if the following facts are mentioned :The Benares Cotton and Silk Mills Ltd. (hereinafter referred to as the Company) came under liquidation under circumstances which need not be enumerated here. An Official Liquidator was appointed and so was a Committee of Inspection. Amongst other eight persons the Committee of Inspection included Sri Jagdish Singh Thapar, the Manager of Messrs Karam Chand Thapar and Br...
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All207; 1968CriLJ721
S.D. Khare, J.1. In both these criminal revisions, which have come before us for disposal on a reference made by a learned single Judge, it has to be considered whether the bar of Section 197 Cr. P. C will apply in the case of a Lekhpal in Uttar Pradesh and he cannot be prosecuted for having committed an offence under Section 218 I.P.C. without first obtaining the sanction of the Governor. Such sanction would be necessary if he is a public servant not removable from his office save by or with the sanction of the State Government and the offence alleged to have been committed by him had been committed by him while acting or purporting to act in the discharge of his official duty. The learned single Judge-allowed this plea to be raised for the first time at the stage of revision because it affects the question of jurisdiction.2. In both these cases the previous sanction of the Governor had not been obtained before launching the prosecution.3. The prosecution story in Criminal Revision No...
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All200
Pathak, J. 1. This reference by a Division Bench raises some important questions concerning the respective areas of jurisdiction of the judges of this Court sitting at Allahabad and the judges of this Court sitting at Lucknow.2. In the instant writ petition, the following four questions have been referred for the opinion of the Full Bench:'1. Can a case falling within the jurisdiction of the Lucknow Bench of this Court be presented at Allahabad? 2. Can the Judges sitting at Allahabad summarily dismiss a case, presented at Allahabad, pertaining to the jurisdiction of the Lucknow Bench? 3. Can a case pertaining to the jurisdiction of the Lucknow Bench, presented and entertained at Allahabad, be decided finally by the judges sitting at Allahabad, without there being an order as contemplated by the second proviso to Article 14 of the U. P. High Courts (Amalgamation) Order, 1948? 4. What is the meaning of the expression 'in respect of cases arising in such areas in Oudh' used in the first p...
Tag this Judgment!Court : Allahabad
Reported in : (1975)ILLJ1All
M.P. Mehrotra, J.1. This is the plaintiff's second appeal. The trial Court decreed the suit but the lower appellate Court has dismissed the suit. The plaintiffs sued for declaration that the fixation of the grade and scale of pay and dearness allowance made by the defendants in pursuance of G.O. No. 2113 ED-XVIII-D dated 8-13-1967 whereby the emoluments of the plaintiffs were sought to be reduced, was null and void and ineffective and that the plaintiffs were entitled to the grade and scale of pay and to the dearness allowance in accordance with G.O. No. G-a263/X-l43-1965 dated 28-2-1966.2. The brief facts are as follows: The plaintiffs are in the employment of the Allahabad Polytechinic as lecturers, instructors, office assistants and class IV assistant, etc. A society registered under the Societies Registration Act named as Institute of Engineering Technology started a technical school under the name and style of 'Civil Engineering School' in or about year 1955. That institution cont...
Tag this Judgment!Court : Allahabad
Reported in : (1996)IIILLJ762All; (1994)3UPLBEC1732
ORDERS.K. Keshote, J.1. As common facts and question of law involve in these two writ petitions and as such the same are being decided by this common order. 2. Briefly stated the facts of the cases are as follows:-- The U.P. Jal Nigam (herein after referred as the Jal Nigam) is a corporate body which undertakes to execute various schemes regarding the water supply and construction of Tube-Well etc. as and where required for the public purposes. To execute the schemes and the construction of Tube-Well the Jal Nigam employs persons on daily wages according to need and nature of work. On completion of the scheme and work the services of daily wages come to end automatically. In connection with Allahabad Water Supply, Reorganisation Scheme, Katra Pumping Plan was undertaken by the Jal Nigam and to execute the said scheme the petitioner No. 1 engaged number of employees on daily wages to carry out temporary work, which according to the nature and terms and conditions of employment was liabl...
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
ORDERRavi S. Dhavan, J.1. Democracy al the grass root level is the subject matter of a large number of petitions, all relating to the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act'). This Act has been amended by the State legislature after the Constitution of India itself stood amended by the Contitution (Seventy-Third Amendment) Act, 1992, dated 20 April, 1994 (hereinafter referred to as 'the Constitution Amendment Act'). Insofar as the Constitutional Amendments were concerned, primarily they related to introducing homogeneous local self-Government at the village level throughout the nation. And yet not ignoring the aspirations of rural India to participate in governing itself at the village level, certain nomenclatures to the administration of democracy at the village level were brought in as a standardised pattern in all the States of the nation. In some parts of India, the basic nucleus of local self-Government at the village was either the Gaon Sabha o...
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