Allahabad Court August 1992 Judgments
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Vishwa Nath Shiv Kumar Vs. Sales Tax Officer and ors.
Court: Allahabad
Decided on: Aug-04-1992
Reported in: [1993]88STC57(All)
D.S. Sinha, J.1. Heard Shri Rakesh Ranjan Agrawal, learned counsel for the petitioner, and Shri A.C. Tripathi, learned Standing Counsel representing the respondents.2. This petition was presented in this Court in January, 1990. On 25th January, 1990, the court granted a month's time to the respondents to file counter-affidavit. No counter-affidavit was filed within the time fixed. On 9th April, 1990, the court again granted a month's time for filing counter-affidavit. The respondents again failed to file counter-affidavit. In spite of time being granted the respondents are not filing counter-affidavit. Today, there is no prayer for grant of further time for filing counter-affidavit. In these circumstances we have no choice but to accept the averments made in the petition and proceed to determine the controversy raised in the petition on the basis of the uncontroverted averments of the petitioner.By means of this petition the petitioner has prayed for grant of the following three relief...
Sri Ram Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-04-1992
Reported in: 1992CriLJ2570
Surya Prasad, J.1. This is a criminal appeal against the judgment and order dated 27th October, 1979 passed by the then learned IV Additional Sessions Judge, Ballia, in Session Trial No. 149 of 1976 State v. Shri Ram, convicting the appellant-accused under Section 395, I.P.C. and sentencing him to six years rigorous imprisonment.2. The dacoity in question was committed in the night intervening 9/10th December, 1975. The appellant-accused Shri Ram was arrested on 6-1-1976. He was put up for identification in the test parade on 2-3-1976. There was occurred a delay of 56 days in holding the test identification parade. It is on the basis of all this that the learned Counsel for the appellant-accused has vehemently argued that this delay casts doubt as to the genuineness of the identification parade and therefore, the appellant-accused is entitled to be acquitted for this reason alone. He has, for this purpose, placed reliance upon 'Soni v. State of U.P.', reported in (1982) 3 SCC 368 (1), ...
Vidya Ply and Board (P) Ltd. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-04-1992
Reported in: 1993(46)LC105(Allahabad)
ORDERD.S. Sinha, J.1. Learned Counsel for the petitioner is permitted to add a party.2. Heard Sri A.P. Mathur, learned Counsel for the petitioner and Sri Shishir Kumar, learned Counsel representing the respondents.3. The petitioner is private limited Company engaged in the manufacture of wood and articles of wood and plywood such as commercial land decorative plywood, flush doors, panel doors and block boards etc. and holds a Central Excise Licence for the same.4. It appears that under the provisions of Rule 173-B of the Central Excise Rules, 1944, the petitioner submitted a list of goods manufactured by it to the Assistant Collector, Central Excise, Sitapur classifying its products under the sub-head 4410.90 of chapter 44 of the Schedule to the Central Excise Tariff Act, 1985 (hereinafter called the Tariff Act), as envisaged by Section 3 of the Central Excises and Salt Act, 1944 (hereinafter called the Act) read with Section 2 of the Tariff Act. The classification submitted by the pet...
Budhi Sagar Dubey Vs. Dt. Inspector of Schools and ors.
Court: Allahabad
Decided on: Aug-03-1992
Reported in: [1992(65)FLR844]; (1993)ILLJ798All; (1993)1UPLBEC197
M. Katju, J. 1. The petitioner was appointed as a Class IV employee in Salashi Inter College, Rudrapur, Deoria on March 1, 1980 and since then he is working in the college. One post of Assistant Clerk fell vacant in the institution on the appointing of one Ram Narain Chaturvedi, a clerk of the institution, as Assistant Teacher. The petitioner was appointed on January 7, 1991 on the post of Assistant Clerk which had been occupied by Ram Narain Chaturvedi. It may be mentioned that an order had been passed on November 20, 1990 in an earlier writ petition of the petitioner (Annexure 5 to the petition) directing that the petitioner should make a representation to the committee of management Another writ petition had been filed by the respondent No. 3 in this Court which had been disposed of by the order dated October 22, 1990, (Annexure 6 to the petition). By the order dated October 22, 1990, this Court had directed that in view of the Supreme Court's decision Sushma Gosain, reported in 199...
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