Uttaranchal Court October 2003 Judgments
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Manik Chandra and Kapoor Chand Vs. Assistant Commissioner of Income-ta ...
Court: Uttaranchal
Decided on: Oct-24-2003
Reported in: (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)
S.H. kapadia, C.J. 1. The above two appeals raise a common question of law and, therefore, both the appeals are heard together and disposed of by this common judgment. Both the appeals are filed by the assessee. They pertain to the assessment year 1980-81. For the sake of convenience, we are mentioning hereinbelow the facts in Income-tax Appeal No. 2 of 2003.Facts :2. The appellant, Manik Chandra, is an individual, For the assessment year 1980-81, he was assessed under Section 143(3) of the Income-tax Act, 1961. The order of assessment was passed on February 28, 1981. Thereafter on January 31, 1985, he was served with a notice under Section 148 of the Act. He filed his return of income on February 26, 1985. He objected to the reopening of assessment. The assessment was reopened for the following reasons :Nidhi Life Trust was created by one Shri Surender Goyal, brother-in-law of the assessee, by settling Rs. 7,500 in favour of the trust. Similarly, Ruchi Life Trust was created by Yogend...
Ram Chandra Das, Principal, Purva Madhyamik Vidyalaya Vs. Secretary Ed ...
Court: Uttaranchal
Decided on: Oct-24-2003
Reported in: (2004)1UPLBEC38
Rajesh Tandon, J. 1. By the present Writ Petition, the petitioner has prayed for the issue of a writ order or direction in the nature of certiorari quashing the impugned order of transfer dated 6.9.2003 Annexure-1 to the writ petition passed by respondent No. 1.2. Brief facts giving rise to the present Writ Petition are that the petitioner is working as Principal, Purva Madhyamik Vidhyalaya Chandeli Vikas Khcshtra, Khatima, District Udham Singh Nagar. The petitioner was transferred to Purva Madhyamik Vidhyalaya, Majhola, Udham Singh Nagar.3. The grievance of the petitioner is that the transfer order is mala fide in nature because the respondents have forcibly passed the order of transfer of the petitioner and without any reason blamed him as a disobedient Head Master of the Institution. The result of the Institution is very excellent and the colleagues of the petitioner are very happy with the behaviour of the petitioner. The transfer order has been communicated in mid-session, therefo...
Kundan Lal Shah Vs. Additional Director of Education and ors.
Court: Uttaranchal
Decided on: Oct-23-2003
Reported in: (2004)2UPLBEC80
Rajesh Tandon, J.1. The present writ petition has been filed by the petitioner for a writ or direction in the nature of certiorari quashing the transfer order dated 20.6.2003 passed by the Respondent No. 1.2. Briefly stated the facts giving rise to the present writ petition are that the petitioner is posted as Senior Clerk in Government Inter College, Uttarkashi and was posted there on 28.5.1995. The petitioner was elected as General Secretary of Education Ministerial Officers Association, Uttarkashi on 24.8.2002 for a period of two years as per Bye-laws of the Association. It has been alleged that the Government issued order-dated 28.7.1984 providing that the office bearers of recognized Associations shall not be transferred within two years of the date of their election. The petitioner has further alleged that under the influence of Sri Vijai Pal Singh Sajwan, MLA the Government accommodation allotted to the Principal of Govt. Inter College, Uttarkashi has been given to the wife of S...
Bhagwati Prasad Juyal Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Oct-22-2003
Reported in: (2004)1UPLBEC39
Rajesh Tandon, J. 1. Heard the learned Counsel for the parties at length.2. The present writ petition has been filed for issue of a writ or direction in the nature of certiorari calling for the records and quashing the order dated 9.10.2003 passed by the respondent transferring the petitioner from District Pauri Garhwal to District Rudraprayag.3. Briefly stated the facts giving rise to the present writ petition are that the petitioner is posted as Gaon Panchayat Adhikari, village Maili, District Pauri Garhwal to District Rudraprayag. The petitioner has been transferred twice in two months. The respondent authorities are mala fide exercising their power of transfer. The petitioner has further stated that the children of the petitioner arc studying in school and it is very difficult for the petitioner to shift the children at the transferred place in the mid-academic session.4. The transfer order shows that the petitioner has been transferred in the administrative exigency as well as in ...
Km. Anita Jacob Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Oct-22-2003
Reported in: (2004)2UPLBEC83
Rajesh Tandon, J.1. Heard the learned Counsel for the parties at length.2. The present writ petition has been filed for issue of a writ or direction in the nature of certiorari calling for the records and quashing the order dated 31.7.2003 passed by the respondents transferring the petitioner from P.H.C., Jairikhal, District Pauri Garhwal to Sub-Centre, Chaur, District Pauri Garhwal.3. Briefly stated the facts giving rise to the present writ petition are that the petitioner is posted as A.N.M. in Primary Health Centre, Jairikhal, District Pauri Garhwal to Sub-Centre, Chaur, District Pauri Garhwal. Counsel for the petitioner has stated inter alia that she is suffering from stomach disease and she was also operated and is not medically fit and the petitioner is taking treatment from Government Hospital, Kotdwar which is nearest to Jairikhal.4. It was further stated that the transfer order is mala fide as Smt. Shashi Bisht who is originally posted at Primary Health Centre, Chaur is workin...
Ranjana Pant (Smt.) Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Oct-22-2003
Reported in: (2004)2UPLBEC84
Rajesh Tandon, J.1. The present writ petition has been filed for the issue of a writ order of direction in the nature of mandamus directing the respondents to transfer the petitioner from Almiyagaon Dwarahat to any one of the Primary Schools near Almora city at Chetai, Dhora, Sarsoun or Falsima.2. Brief facts giving rise to the present writ petition are that initially the petitioner was appointed as Assistant Teacher in the year of 1995 and was posted at Primary School, Alimiyagaon, Dwarahat, District Almora. She is regularly teaching in that school and has completed more than 8 years in the present place of posting. It was stated by the petitioner that the husband of the petitioner is working at Nainital and her father-in-law and mother-in-law are very old and are dependent upon the petitioner. The petitioner cannot look after them from Dwarahat. The petitioner has three children. Her one daughter namely Km. Akansa is studying in Class V and another daughter Km. Pallavi is studying in...
Jag Mohan Sharma, Deputy Range Officer Vs. State of Uttaranchal and or ...
Court: Uttaranchal
Decided on: Oct-22-2003
Reported in: (2004)2UPLBEC87
Rajesh Tandon, J.1. The present writ petition has been filed praying for a writ order or direction in the nature of certiorari quashing the order dated 30.9.2003, Annexure-II to the writ petition.2. Brief facts giving rise to the present writ petition are that petitioner is posted as Deputy Ranger and is officiating as Range Officer, Chillawali Range, Rajaji National Park, Dehradun with effect from 1.1.2003. The petitioner has claimed himself to be the senior most Deputy Ranger who was given charge of Chillawali Range, Rajaji National Park and according to him there has been arrangement that he will work as Range Officer Chillawali Range.3. On 13.9.2003, the petitioner has received a letter from the Head Office of Rajaji National Park, Dehradun by which the petitioner was attached to the Head Office, Rajaji National Park, Dehradun on the administrative grounds. The petitioner has also pointed out G.O. dated 16.2.2000 Clause 2 of which is being quoted below :^^izeq[k ou laj{kd ds izLrko...
Dhan Singh Vs. District Basic Education Officer
Court: Uttaranchal
Decided on: Oct-21-2003
Reported in: (2004)2UPLBEC78
Rajesh Tandon, J.1. Heard the learned Counsel for the parties at length.2. The present writ petition has been filed for issue of a writ or direction in the nature of certiorari calling for the records and quashing the order dated 30.6.2003 passed by the respondent for the transfer of the petitioner from Junior High School, Udri to Junior High School, Fitari.3. Briefly stated the facts giving rise to the present writ petition are that the petitioner is posted in Junior High School Udari, Block Dunda, District Uttarkashi. The transfer order dated 30.6.2003 was communicated to the petitioner on 16.10.2003 i.e., after four months in the mid-session. The petitioner's children are studying in Class 10th and 12th in G.I.C. Mukhaim and Higher Secondary School, Gakangaon, District Uttarkashi. It is very difficult for the petitioner to shift the children at the distant place at Junior High School, Fitari Block Mori where the petitioner has been transferred.4. A perusal of the transfer order date...
Vinod Kumar Vs. Assistant Labour Commissioner
Court: Uttaranchal
Decided on: Oct-20-2003
Reported in: (2004)2UPLBEC77
Rajesh Tandon, J.1. This writ petition has been filed for issue of a writ or direction in the nature of mandamus commanding the respondent to initiate the prosecution against the officers of the B.H.E.L., Ranipur, Haridwar in pursuance of Section 14-A of U.P. Industrial Dispute Act, 1947, on the basis of application dated 5.9.2003.2. Briefly stated the facts giving rise to the present writ petition are that the petitioner and other employees are working in the B.H.E.L., Ranipur, Haridwar. They have raised labour dispute before the Assistant Labour Commissioner which was referred to the Presiding Officer, Labour Court, Dehradun being Industrial Case Nos. 31 of 1990 to 44 of 1990. The Labour Court has passed an award on 5.7.1996 in favour of the employees against the employer M/s. B.H.E.L. and was notified on 19.12.1996. The employer filed a Writ Petition No. 41787 of 1998, Bharat Heavy Electrical Ltd; Ranipur v. Deputy Labour Commissioner and Ors., before the Allahabad High Court which ...
Subhash Chandra Pandey Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Oct-17-2003
Reported in: (2004)2UPLBEC75a
Rajesh Tandon, J.1. Present writ petition has been filed challenging the orders passed by the respondents on 20.12.1992, 19.4.2003 and 28.4.2003, Annexure 4, 10 and 11 of the writ petition.2. Brief facts giving rise to the present writ petition are that petitioner was appointed as Junior Clerk in the year 1992 and after appointment he was given charge of Food Grain store at Dugtu, Tehsil Dharchula, District Pithoragarh. On 27.11.1995, the petitioner was served with a charge sheet. He submitted his reply on 4.12.1995, stating the fact that he is innocent and the charges levelled against him are false. The proceedings initiated against the petitioner were mala fide and prejudicial in nature. The punishing officer did not place reliance on the reply filed by the petitioner and on 3.3.1997 he has issued a show cause notice to the petitioner. Reply of show cause notice was given by the petitioner on 4.3.1997. On 20.10.1997 punishment was awarded by the authority concerned.3. Aggrieved by th...
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