Uttaranchal Court November 2003 Judgments
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Yograj Khanna Vs. Rekha Khanna
Court: Uttaranchal
Decided on: Nov-21-2003
Reported in: II(2004)DMC293
Irshad Hussain, J.1. Heard Mr. Arvind Vashistha learned Counsel for the revisionist and Mr, J.C. Belwal learned Counsel for the respondent.2. This is a criminal revision under Sections 397/401 of the Code of Criminal Procedure (for short 'Code') read with Section 19(4) of the Family Courts Act, against the judgment dated 28.8.2002, whereby the application of the respondent under Section 125 of the 'Code' was allowed ex parte and she was awarded maintenance allowance at the rate of Rs. 15,000/- per month from the date of the presentation of the application.3. From perusal of the impugned judgment it is evident that the petitioner husband did not participate in the proceedings and no written statement was filed by him. The order does not indicate that the revisionist was properly served with the summons of the case. Since the judgment is ex-parte the revisionist has had no opportunity to put forward his defence against the application for maintenance and also in regard to his capacity to...
National Federation of Insurance Field Workers of India and anr. Vs. U ...
Court: Uttaranchal
Decided on: Nov-17-2003
Reported in: (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
S.H. Kapadia, C.J.1. By this writ petition the petitioners, namely, National Federation of Insurance Field Workers of India have, challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes (hereinafter referred to for the sake of brevity as the C. B. D. T.).Facts :2. The petitioners have challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes. The petitioners have challenged the notification on four grounds. Firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the Central Board of Direct Taxes by Section 295 of the Income-tax Act, 1961, read with Section 17(2) and Section 192(2C) of the Income-tax Act ; that by virtue of the impugned notification, the Central Board of Direct Taxes has purported to supplement Section 17(2) of the Income-tax Act by incorporating amendments in the existing Income-tax Rules. ...
Bengal Engineer Group and Centre Employees Union Through Its General S ...
Court: Uttaranchal
Decided on: Nov-04-2003
Reported in: (2004)1UPLBEC16
Rajesh Tandon, J.1. Heard Sri Gopal Narain, learned Counsel for the petitioner and Sri Maulikhi, learned Standing Counsel for the respondent.2. By the present writ petition, the petitioner has prayed for issue of a writ, order of direction in nature of certiorari quashing the order dated 5th February, 2003 passed by the respondent No. 1.3. Brief facts giving rise to the writ petitioner are that the petitioner namely Bengal Engineer Group and Centre Employees is a Union of Civil Regimental Employees of M/s. Bengal Engineer Group and Centre, Roorkee, Haridwar, namely, the respondent No. 2.4. The petitioner, has filed an application for registration under Section 5 of the Trade Union Act, 1926 of a Trade Union to the Registrar accompanied by his own consideration which has been annexed as Annexure-1 to the writ petition. Paragraph v provides the name of the Union as under :--1 ^^v&& ;wfu;d dk uke -----------caxky bathfu;lZ xzqi ,.M lsUVj bEykbZt ;wfu;u Clause-3 of the Constitution provide...
P.C. Pandey Vs. Director of Technical Education and anr.
Court: Uttaranchal
Decided on: Nov-04-2003
Reported in: (2004)1UPLBEC19
Rajesh Tandan, J. 1. Heard Sri S.S. Yadav, learned Counsel for the petitioner and learned Standing Counsel for the respondent Nos. 1 and 2.2. By the present writ petition, the petitioner has challenged the order dated 20.9.2003 by which he has been transferred from Government Women Polytechnic, Dehradun to Government Polytechnic, Uttarkashi.3. Brief facts are that the petitioner is posted at Government Women Polytechnic, Dehradun since 1993 as Instructor Stenography.4. The grievance of the petitioner is that the transfer order although was passed on 19th June, 2003 but it came to the knowledge of the petitioner on 20.9.2003 in the mid of the session.5. The petitioner has further stated that his wife's leg was fractured and she was on medical treatment and his daughter is studying in Intermediate.6. Counsel for the petitioner has also stated that the petitioner has been transferred at Uttarkashi, which is a very sensitive place due to natural disaster.7. So far as the transfer of the pe...
Prem Singh Vs. State of U.P. and anr.
Court: Uttaranchal
Decided on: Nov-01-2003
Reported in: (2004)1UPLBEC1
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 mandamus commanding the respondents to grant pension to the petitioner.2. Brief facts rise to the present writ petition are that the petitioner was appointed in U.P. Government, Roadways, which was later on converted in to U.P. State Road Transport Corporation from 1st June, 1972. Originally, the petitioner was appointed as a Cleaner/Conductor in the erstwhile U.P. Government Roadways vide order dated 11th April, 1958. Subsequently, on 31.12.58 the petitioner was promoted on the post of Conductor in the pay scale of Rs. 60-4-80-EB-4-100. The petitioner thereafter was confirmed on 1st April, 1972 on the post of Conductor.3. The petitioner has stated that the employees who were earlier employees of the U.P. Government Roadways were being treated as a Government Servant after the creation of the U.P. State Road Transport Corporation from 1st June, 1972 a...
Bachhi Singh Nagarkoti Vs. District Inspector of Schools and ors.
Court: Uttaranchal
Decided on: Nov-01-2003
Reported in: (2004)1UPLBEC13
Rajesh Tandon, J.1. By the present writ petition, the petitioner has prayed for issue of a writ, order or direction in the nature of mandamus directing the respondent to pay the petitioner retirement benefits as well as regular pension.2. Brief facts giving rise to the present writ petition arc that the petitioner was appointed as a Class IV employee on the post of Chowkidar in the School of respondent Nos. 3 and 4 on 16th September, 1975. He was given regular appointment on 11th October, 1979 by completing all the formalities.3. The petitioner has already retired from the post of Chowkidar on 31st May, 1990, after attaining the age of superannuation.4. The grievance of the petitioner is that after retirement he approached the authorities, but his retirement benefits have not been paid to him. He is also not getting pension. Hence, he has filed the present writ petition.5. Pension and gratuity arc not bounty as held by the Apex Court in (1985) 1 SCC 429. The observations are quoted bel...
Khajan Singh Vs. Regional Deputy Director, Education, Kumaon Region an ...
Court: Uttaranchal
Decided on: Nov-01-2003
Reported in: (2004)1UPLBEC14
Rajesh Tandon, J.1. The petitioner has filed the present writ petition seeking a writ of mandamus commanding the respondents to allow the petitioner to join at Government Girls Inter College, Kichha, Udham Singh Nagar as Senior Clerk and to pay his salaries regularly.2. Brief facts of the case are that the petitioner was a Senior Clerk in Government Inter College, Swar, Rampur. The wife of the petitioner was a Teacher in Primary School, Kanakpur, Distt. Udham Singh Nagar.3. The petitioner has requested the authorities for transferring him near Kanakpur, Distt. Udham Singh Nagar. The petitioner was accordingly transferred on 25.7.96 from Government Inter College, Swar, Rampur to Government Girls Inter College, Kichha, Distt. Udham Singh Nagar.4. The grievance of the petitioner is that one Ajay Kumar Trivedi was transferred to Government Inter College, Swar, Rampur and no post was left vacant.5. The petitioner in compliance of the order reached Government Girls Inter College, Kichha, Udh...
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