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 : AIR1994All202
ORDER1. In this petition counter affidavit has been filed and learned counsel for parties have agreed that petition may be decided finally at this stage. 2. The short but important and interesting question involved in this petition is as to whether the bar created by Section 104 of the Motor Vehicles Act, 1988 (hereinafter referred to as the New Act) shall take into its sweep even such un-notified and independent route, which for some compelling reason had a diversion and shared a common strip with a notified route, which also faced indentical, diversion for the same reason and passed through the strip which was not originally a portion of the notified route. 3. The facts necessary to appreciate the controversy which is subject matter of this petition are that Muzaffarnagar Bijnor route was covered by a scheme framed under Section 68C and confirmed under Section 68D(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Old Act). The route was notified under Section 68D(3) ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All309
ORDERKenia, J.1. Industrial consumers of electricity falling within the category of 'heavy and large power consumers' and 'small and medium power consumers' receiving supply of electricity from the U. P. State Electricity Board (hereinafter, for the sake of convenience, referred to as 'the Board'), have approached this Court under Article 226 of the Constitution of India to challenge the new tariffs enforced by the Board with effect from the 17th of October, 1989 through notification dated the 21st of April, 1990, bearing number 1287-HC/SEB/ V/1974-1204 C/90.2. The dispute in these petitions is confined to the rate schedule for the categories LMV-6, HV-1 and MV-2.3. The Board is a statutory body constituted under Section 5 of the Electricity (Supply) Act, 1948 (hereinafter, for the sakeof brevity, referred to as 'the Act'. The Act has been enacted to provide for regularisation of the production and supply of electricity and generally for taking measures conducive to electrical developm...
Tag this Judgment!Court : Allahabad
Reported in : [1994(68)FLR237]; (1999)IIILLJ386All
G.P. Mathur, J.1. The Controlling Authority under the Paymentof Gratuity Act (hereinafter referred to as the Act)allowed the application moved by respondent No. 3 and held that he was entitled to Rs. 5,152.50 p.as gratuity and this order was affirmed in appealby the Appellate Authority. Feeling aggrieved theU.P. State Road Transport Corporation (hereinafterreferred to as the Corporation) has filed the presentwrit petition.2. Muneshwar Prasad Srivastava, respondent No. 3 was initially appointed, as Assistant Mechanic, which was a non-pensionable post in the erstwhile U.P. Government Roadways on September 2, 1949. He was promoted to the non-pensionable post of mechanic on March 5, 1959 in the same department. A Notification was issued by U.P. Government on October 25, 1960 under which certain posts like Junior Foreman onwards were declared as pensionable. Respondent No. 3 was promoted as Junior Foreman on May 14, 1964. U.P. State Road Transport Corporation was created under Section 34 of...
Tag this Judgment!Court : Allahabad
Reported in : (1994)ILLJ707All; (1993)1UPLBEC378
V.N. Khare, J. 1. The main question which requires to be decided by this Full Bench in this Special Appeal arising out of judgment and order dated March 25, 1992 passed by the learned Single Judge of this Court allowing the writ petition filed by respondent Nos. 1 to 32 against termination of their services as Routine Grade Assistants is as to 'whether the administrative wing of the High Court not directly connected with the actual adjudication of the cases can be categorised as an industry within the meaning of Section 2(k) of the U.P. Industrial Disputes Act.' 2. The detailed facts of the case have been set-out in the judgment of the learned Single Judge and I need not repeat those facts to save the bulk'.of this judgment However, I would briefly notice certain facts which led the respondents to file the writ petition under Article 226 of the Constitution in this Court. On April 29, 1987 the then Hon'ble the Chief Justice of High Court issued a direction to the effect that some Routi...
Tag this Judgment!Court : Allahabad
Reported in : (1993)IILLJ137All
R.B. Mehrotra, J.1. A notification dated June 21, 1991 was published in the U.P. Gazette of the same date. The notification recites as under:'Whereas the State Government had vide its notification No. 6790 (ST) XXXVI-1-1006 (ST) 89, dated November 21, 1989 revised and fixed the minimum rates of wages for employees employed in the employment in Bidi Making in Uttar Pradesh;And whereas, the employees engaged in Bidi making industry had been demanding the revision of minimum wages due to rise in prices and upwards revision in other employments.And whereas, the Uttar Pradesh Bidi Maz-door Unions operating Bidi industry served notices on the State Government indicating that if the minimum rates of wages of the employees employed in the employment of Bidi industry were not revised they would start agitation;And, whereas, in the opinion of the State Government it is necessary and expedient to revise the minimum rates of wages for employees employed in the employment in Bidi making with a view...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1993)44ITD695(All.)
1. These are two appeals filed by the assessee for the assessment years 1980-81 and 1981-82 against the orders of the learned CIT(A) regarding imposition of penalty. As the facts are common in both the appeals, hence both the appeals are disposed of by a single consolidated order. 1. The learned CIT (Appeals) was not justified to hold that the appellant submitted inaccurate particulars of income, while accepting that there was no concealment of particulars of income. 2. The learned CIT (Appeals) was not Justified in not adjudicating upon the ground No. 3 which read as under : When the matter of quantum of commission income to be included in the total income of the appellant was pending before the learned ITAT, there was no escapement of income within the meaning of Section 147 of the Income-tax Act, 1961 and proceedings under Section 147 are against the law. Any proceedings taken including the imposition of the impugned penalty of Rs. 1,56,201 in consequence of an illegal notice under...
Tag this Judgment!Court : Allahabad
Reported in : [1993]202ITR978(All)
Om Prakash, J.1. The following questions have been referred by the Income-tax Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961 (briefly, 'the Act'), for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the proposal submitted to the Commissioner under Section 147(a) on March 20, 1965, was too vague to show that there were any reasonable grounds for the Income-tax Officer to believe that there had been any non-disclosure of facts having a material bearing on the question of underassessment ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in cancelling the reassessment made under Section 143(3)/147(a) of the Income-tax Act, 1961 ?' 2. The facts as briefly stated are that, for the consecutive assessment years 1957-58 to 1959-60, the Income-tax Officer made assessments under Section 143(3) of the Act on the assessee, a registe...
Tag this Judgment!Court : Allahabad
Reported in : (1994)ILLJ5All; (1993)1UPLBEC15
R.A. Sharma, J. 1. Petitioner claims to have been appointed as Electrician by the respondent No. 3 on May 23, 1990 on daily wages basis at the rate of Rs. 54 per day. Petitioner further claims that he was continued to work as Electrician on the above basis till July 31, 1992, on which date his services were terminated. He has accordingly filed this writ petition for quashing the order of termination of his services for a writ of mandamus directing the respondents to regularise his services and absorb him in the department on regular basis and pay him the salary equivalent to the salary of regular employees.2. In support of the writ petition, the learned counsel for the petitioner has made three submissions, viz., (i) the petitioner falls within the definition of workman and has completed service of 240 days and as such he is entitled to be regularised by the respondents; (ii) in any case, the petitioner has worked on daily wage basis for about two years and in pursuance of the Governme...
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ664
R.A. Sharma, J.1. In exercise of power conferred on them by Section 63 of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) the Governments of U. P. and Haryana executed a reciprocal agreement (hereinafter referred to as the agreement) in 1968 for providing road transport service on the inter-State routes, lying between the two States, One of the inter-State routes covered by the agreement is Muzaffarnagar-Panipat-Karnal via Shyamli (hereinafter referred to as the route). Pursuant to the agreement the Regional Transport Authority, Meerut grafted permanent stage carriage permits to the petitioners in 1971. These permits were counter-signed by the transport authorities of Haryana State. Both these permits and their counter-signature continued to be renewed by the transport authorities of the two States after every three years, up to 1980. Permits renewed in 1980 were valid up to 9-11-1983. However, applications for renewal of permits of the petitioners, filed in 1983 for...
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