Allahabad Court August 1998 Judgments
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Kisan Products Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Aug-27-1998
Reported in: [1998]111STC796(All)
S.L. Saraf, J.1. The applicant carries on business of manufacturing and selling fruit and vegetable products. During the assessment year 1975-76 the applicant had exported goods worth Rs. 6,37,038.49 to the Russian buyers and the same were in the course of export out of the territory of India, for which, the applicant claimed exemption under Section 5(1) of the Central Sales Tax Act, 1956 (for short, 'the Act') read with Article 286 of the Constitution of India. The claim of the applicant, however, was rejected by the assessing authority who imposed tax at 10 per cent amounting to Rs. 67,672.78. Aggrieved by the said order, an appeal was filed before the Deputy Commissioner (Appeals), Sales Tax, Allahabad, which was also rejected. As against the same, a further appeal was filed before the Sales Tax Tribunal, who confirmed the order passed by the Deputy Commissioner of Appeals, on March 29, 1990. Aggrieved by the said order, the applicant has preferred this revision-application and pray...
Om Prakash Pawar Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Aug-27-1998
Reported in: (1998)3UPLBEC1942
J.C. Gupta, J.1. By means of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 31.3.93 (Annexure-14) passed by respondent No. 2 whereby the petitioner was compulsorily retired from service. The impugned order has been made by respondent No. 2 in exercise of powers conferred upon him under Rule 56(c) of the Uttar Pradesh Fundamental Rules and the petitioner has prayed for a writ of certiorari for quashing the said order and also for a writ of mandamus commanding the opposite parties to treat him in service and to pay him salary and other emoluments with arrears, and continue to pay the same and not interfere in his working. Undisputedly the relief in the nature of mandamus to treat the petitioner in service and not to interfere in his working has become lnfructuous inasmuch as the petitioner has crossed the age of superannuation during the pendency of the writ petition.2. Briefly stated the facts as alleged in the writ petition a...
State of U.P. Vs. Smt. Aqeela and ors. Etc.
Court: Allahabad
Decided on: Aug-27-1998
Reported in: 1999CriLJ2754
N.S. Gupta, J. 1. Smt. Aqeela, her son Iqbal and Razi, who was an associate of Iqbal, were tried in. S.T. No. 723 of 1978 by Sri B. B. L. Hajela, the then Ist Additional Sessions Judge, Moradabad and were convicted under Section. 304(II) and 323/34, IPC and were sentenced to undergo imprisonment for a period of three years on the first count and one year R. I. under the second count. The sentences were ordered to run concurrently as per judgment and order dated 17-11-1979.2. Accused appellant Aqeela & Iqbal felt aggrieved by the said judgment. They accordingly preferred criminal appeal No. 2953 of 1979, Razi preferred separate appeal being Criminal appeal No. 2952 of 79 against the order of conviction and sentence. On the other hand, the State feeling aggrieved by the said judgment preferred Government criminal appeal No. 199 of 80. The complainant Khalil also felt aggrieved by the said judgment. He, therefore, preferred criminal revision No. 1917 of 1979. Since all these matters arise...
Committee of Management, Manokaran Kanya Junior High School, Shahjahan ...
Court: Allahabad
Decided on: Aug-26-1998
Reported in: 1999(1)AWC374
O.P. Garg, J.1. In this writ petition under Article 226 of the Constitution of India, the order dated 11.2.1998 passed by Vitta Evam Lekhadhikari. Basic Shiksha, Shahjahanpur, respondent No. 3. Annexure-4 to the writ petition, under Section 5 of the U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the Act of 1978) whereby the account of the institution is to be operated singly instead of jointly, has been challenged primarily on the grounds that the respondent No. 3 had no authority or jurisdiction to pass the safd order ; that no opportunity of hearing or to show cause was given to the petitioners before passing of the said order and that this Court has set aside a similar order in earlier Writ Petition No. 19949 of 1995. which was decided on 27.10.1997.2. A counter-affidavit has been filed by the respondent No. 3-Vitta Evam Lekhadhikari Basic Shiksha. Shahjahanpur to which a rejoinder-affidavit has also been filed. W...
Dr. Ashok Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-26-1998
Reported in: 1998(3)AWC2193
O.P. Garg, J.1. The short question that arises for determination in the present petition under Article 226 of the Constitution of India is 'whether a person who had taken birth in the family of Thakurs (Sawarns) can by virtue of his having been adopted in the family of Ahirs (backward class) be treated as belonging to the backward class and consequently entitled to the privileges. facilities and benefits available to the persons belonging to the Backward class. This question has cropped up in the backdrop of the following facts.2. Dr. Ashok Kumar. petitioner took birth on 1.1.1967 in the family of Thakur's. His natural father is Rushtam Singh son of Pothi Ram and the name of his natural mother is Smt. Bhagwan Dei. resident of village Nalar Jamuni Bhan, Mazra Mauza Pheem Shree, Tehsil Fatehabad, District Agra. It is alleged that he was adopted by the friend of his father whose name incidentally is also Rushtam Singh son of Atar Singh belonging to Ahir caste, which admittedly is a Backwa...
Committee of Management, Sri Janta Audyogik Vidyalaya, Sherpur Gurha, ...
Court: Allahabad
Decided on: Aug-26-1998
Reported in: 1998(3)AWC2314
O. P. Garg, J.1. In this writ petition, the validity of the order dated 18.8.1997. Annexure-7 to the writ petition, passed by the Deputy Registrar, Firms Societies and Chits. Kanpur has been challenged, by the petitioner-Committee of Management Janta Audyogik Vidyalaya, Sherpur Gurha, Kanpur Dehat through its Secretary/Manager. Vir Sen Yadav. Counter and rejoinder-affidavits have been exchanged. With the consent of the learned counsel for the parties, this writ petition is finally disposed of.2. Heard Sri Ashok Khare. learned counsel for the petitioners and Sri V. K. Shukla. learned counsel for the respondent Nos. 2 and 3.3. Sri Janta Audyogik Vidyalaya, Sherpur, Gurha. Kanpur Dehat is a society which was registered under the Societies Registration Act. 1860 on 9.1.1963. The renewal of the certificate of registration of the said society was made on 19.3.1994 for a period of 5 years commencing from 10.10.1990 on the application of Ram Swarup Yadav, the then Manager/Secretary. List of th...
NaraIn Prasad Vs. Deputy Registrar, Co-operative Societies, Agra and O ...
Court: Allahabad
Decided on: Aug-26-1998
Reported in: 1998(4)AWC59
D.K. Seth, J.1. The petitioner was promoted to the post of Assistant Development Officer temporarily as local stop gap arrangement for a period of 89 days only. The said promotion order itself indicated that it was by way of local stop gap arrangement and that the promotion was purely temporary limited for a period of 89 days. It also stipulated that on the expiry of the limited period, the petitioner will be automatically reverted without any notice and that he will not be entitled to claim any benefit on account thereof. However, on the same terms, the said promotion was being extended for 89 days consecutively for quite some time right from 25th August, 1990 till 30th September, 1994. The last order of extension was issued on the same terms for a period of 89 days with a condition that as soon as 89 days would be over, the petitioner would be automatically reverted without any notice to his original post and that he would not be entitled to claim any right on account of such tempora...
Rahmullah and Others Vs. District Judge and Others
Court: Allahabad
Decided on: Aug-26-1998
Reported in: 1998(4)AWC253
D.K. Seth, J. 1. The petitioner had filed Original Suit No. 18 of 1998 against the opposite parties for permanent injunction restraining them from raising any construction by taking forcible possession over the property after evicting the plaintiffs forcibly from plot No. 142 measuring 0-6-8 and plot No. 143 measuring 0-1-12 described at the foot of the plaint in respect of the suit property described therein. In connection with the said suit, the plaintiff had filed an application under Order XXXIX, Rule 1 of the Code of Civil Procedure for temporary and ad interim injunction. By an order dated 21.3.1998, learnedCivil Judge, (S.D.). Siddharth Nagar had rejected the application for temporary injunction. Misc. Civil Appeal No. 18 of 1998 was preferred by the plaintiff. By an order dated 2.5.1998, the said appeal was dismissed. It is this order which has since been challenged in this petition under Article 227 of the Constitution of India.2. Smt. Suneeta Tripathi, holding brief of Mr. Tr...
Commissioner, Sales Tax Vs. British Paints India Ltd.
Court: Allahabad
Decided on: Aug-26-1998
Reported in: [2000]119STC363(All)
Dev Kant TrivedI, J.1. Heard.The present revision has been preferred by the Commissioner, Sales Tax, Uttar Pradesh, Lucknow, challenging the order dated November 18, 1991 passed by a division Bench of Sales Tax Tribunal, Lucknow, whereby the appeal of the opposite party was allowed and the penalty imposed under Section 15-A(1)(o) of the U.P. Sales Tax Act, 1948 imposed by the assessing authority as affirmed by the Deputy Commissioner (Appeals), Sales Tax, Lucknow, was set aside.2. The case of the revisionist is that in taxation statutes the role of mens rea does not come into play and, therefore, the Tribunal was not justified in quashing the order regarding imposition of penalty on the opposite party.3. The learned counsel for the opposite party, however, says that it is not a case including mens rea rather it is a case in which the State Government made an enactment on October 5, 1982 retrospective in effect from September 27, 1979 and, therefore, the opposite party could not have an...
Murti Shri Laxman Ji Maharaj Vs. Panna Lal Sahu and Another
Court: Allahabad
Decided on: Aug-25-1998
Reported in: 1999(1)AWC64
J. C. Gupta, J.1. Heard parties counsel. This is landlord's petition directed against the judgment and order dated 12.5.1983 whereby the revision filed by the tenant against the judgment and decree dated 21.11.1981 passed by the Judge, Small Causes Court has been set aside and the petitioner's suit for rent and ejectment has been dismissed.2. It is not disputed that the parties to this writ petition were landlord and tenant. The petitioner filed a suit for recovery of arrears of rent and ejectment against the defendant tenant alleging that defendant did not pay rent from 1.3.1980 at the rate of Rs. 37 per month despite a notice of demand and eviction having been served upon him on 24.7.80. The defendant took up the plea that the rate of rent was only Rs. 25 per month and not Rs. 37 per month as alleged by the plaintiff and rent was tendered to the plaintiff at the same rate after the receipt of the notice and on refusal by him the same was deposited in Court under Section 30 (1) of the...
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