Allahabad Court August 1999 Judgments
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Modi Spg. and Wvg. Mills Co. Ltd. Vs. Nagar Palika, Modi Nagar and Ano ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC3374; (1999)3UPLBEC2083
Binod Kumar Roy and Lakshmi Bihari, JJ.1. The prayer of thepetitioner is to quash the order dated 15th February, 1992 passed by the Executive Officer. Nagar Palika, Modi Nagar contained in his letter dated 15th June, 1992 (appended as Annexure-5) directing the petitioner to deposit the amount mentioned therein as house-tax. A further prayer has been made to prohibit the respondents from taking any steps or proceedings in any manner in the nature of execution, distress or the like against its properties for recovery of the amount due under the aforementioned impugned order without the prior consent of the BIFR under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985.2. Heard Miss. Bharti Sapru, learned counsel appearing on behalf of the petitioner and Mr. Pankaj Mittal, learned counsel appearing on behalf of respondent Nos. 1 and 2.3. The main thrust of the submission of Miss. Bharti Sapru was that the Issue urged on behalf of the petitioner stands answered in...
Mahesh Chand Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-23-1999
Reported in: [2000]118STC401(All)
M.C. Agarwal, J.1. These two revision petitions Under Section 11 of the U.P. Trade Tax Act for the assessment years 1987-88 and 1988-89 are directed against a common order dated November 16, 1996, passed by the Trade Tax Tribunal, Aligarh, whereby it dismissed the dealer's second appeal Nos. 745 and 746 of 1990.2. I have heard Sri V.K. Agarwal, learned counsel for the revisionist and Sri B.K. Pandey, learned Standing Counsel.3. The facts are that March 5, 1990 was the date fixed for proceedings of assessment before the assessing officer. The dealer's case is that although he was ill, he went to the office of the assessing officer and waited there till 4 p.m. but as the assessing officer was not there and the dealer was not feeling well, he did not wait further and returned back. The assessments were made ex parte on March 13, 1990. The dealer applied for setting aside the ex parte assessment. The assessing officer dismissed the dealer's application on the ground that he had gone for an...
Commissioner of Trade Tax Vs. M.K.J. Corporation
Court: Allahabad
Decided on: Aug-23-1999
Reported in: [2000]119STC45(All)
M.C. Agarwal, J.1. This revision petition under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') has been preferred by the Commissioner against an order dated December 6, 1994 passed by the Trade Tax Tribunal, Kanpur whereby it allowed the dealer's second appeal No. 408 of 1994 for the assessment year 1980-81 and quashed the penalty in the sum of Rs. 5,97,967 levied under Section 15-A(1)(l) of the U.P. Trade Tax Act, 1948 read with Section 9(2-A) of the Central Sales Tax Act, 1956.2. I have heard Sri Surya Prakash, learned Standing Counsel for the Commissioner-revisionist and Sri Ashok Trivedi, learned counsel for the dealer-respondent.3. The dealer-respondent is engaged in the business of tanning of hides and skins for manufacturing leather and the manufacture of shoe uppers. The latter product was sold in the course of export of the goods out of India.4. The dealer purchased raw hides and skins from other merchants to whom it issued declarations in fo...
Ram Kishan and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 2000CriLJ867
B.K. Sharma, J. 1. This is an appeal against the judgment and order dated 21-8-1981 passed by Sri B. B. S. Chaudhary, the then XI Additional Sessions Judge, Non-Metropolitan Area, Kanpur in Sessions Trial No. 129 of 1981, State v. Munna Lal and others whereby he convicted the accused - appellants Ram Kishan and Lajja Ram for the offence under Sections 399/402 I. P. C. and sentenced each of them to undergo rigorous imprisonment for a period of three years.2. The prosecution story as disclosed in the recovery memo dated 4-2-1981 said to have been prepared at the spot of arrest, was that on 3-2-1981, Sri D. S. Verma, the then Station Officer of Police Station Kakwan, Non-Metropolitan Area district Kanpur, received an information from a reliable informer that a gang of dacoit consisting of 7-8 persons, headed by Rajendra Teli of Derapur would assemble in the grove Mana of village Manawa and would commit dacoity at the house of Mewa Lal Pradhan of village Manawa; that on this information, h...
State of U.P. Vs. Ramesh and ors.
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 2000CriLJ1354
ORDERB.K. Sharma, J.1. This is a Government Appeal against the judgement and order dated 18-5-1994 passed by Sri R.S. Maurya, the then Assistant Sessions Judge, Jhansi in Sessions Trial No. 126 of 1991, under Sections 308/34 I.P.C. State v. Ramesh and Ors., Police Station Chirgaon, district Jhansi whereby he acquitted the accused-respondents Ramesh, Har Narain, Kripa Ram and Siya Sharan under Section 308/34 IPC.2. The accused - respondents Ramesh, Har Narain and Kripa Ram were real brothers inter se. All the four accused - respondents, Brindavan injured and his brother Daya Ram informant were residents of Village 'Aupara', Police Station Chigaon, district Jhansi. Brindavan injured had purchased agricultural field of Lampu in the village.3. The prosecution case was that on 21-8-1989 at about 10.00 A.M. when Brindavan injured was ploughing his agricultural field in the village, Ramesh, Har Narain, Kripa Ram and Siya Sharan accused-respondents came there and asked him as to why he purchas...
Rameshwar Prasad Gupta Vs. Iiird Additional District Judge, Bareilly a ...
Court: Allahabad
Decided on: Aug-21-1999
Reported in: 1999(4)AWC2975
D.K. Seth, J. 1. The plaintiff had filed a suit against the defendant-plaintiff for injunction restraining him from demolishing a part of the suit property of which he is a tenant and evicting him. One Rajendra Prasad Agarwal was sought to implead himself in the said suit. The learned trial court by an order dated 10th December. 1998 passed by the learned Civil Judge, JSCC Court. Bareiliy in Suit No. 521 of 1996 had rejected the said application. The Opposite Party No. 2 had preferred a revision being Revision No. 38 of 1999, The learned Additional District Judge, IIIrd Court, Bareilly, by an order dated 24th April, 1999 had allowed the said revision and reversed the order passed by the learned trial court impleading the Opposite Party No. 2 as defendant in the suit. The defendant No. 1 in the suit Shri Rameshwar Prasad Gupta had moved this writ petition challenging the said order dated 21st April. 1999 on the ground that no right inter se the defendants could be established in a suit ...
Lalit Kumar Garg (Minor) Vs. U. P. Board of High School and Intermedia ...
Court: Allahabad
Decided on: Aug-21-1999
Reported in: 1999(4)AWC2978a; (1999)3UPLBEC1878
A. K. Yog, J.1. Petitioner was a regular student and appeared in the Intermediate Examination, 1999 with Roll No. 1153692 held by the U.P. Board of High School and Intermediate. Allahabad, (for short called 'Board') from the Centre Rashtriya Inter College, Shahpur (Muzaffarnagar).2. It is submitted that on 27th March. 1999 while petitioner was attending to his Chemistry II Paper, a 'Flying Squad' came for inspection and a member of 'Flying Squad' found one small chit near the petitioner's seat in the Examination Hall and said chit was got tagged with his Answer Sheet. Petitioner was made to sign blank form. Petitioner has filed reports given by Invigilators in the concerned Examination Room (Annexures-6-7 to the writ petition).3. It appears that a notice dated 28th April, 1999 (Annexure-4 to the writ petition) was given to the Regional Secretary of the Secondary Education Board through an Advocate.4. In reply to the said notice dated 28th April, 1999 (Annexure-4 to the writ petition), ...
Jagdish Vs. District Judge, Gorakhpur and Others
Court: Allahabad
Decided on: Aug-21-1999
Reported in: 1999(4)AWC3123
D. K. Seth, J. 1. The order dated 3rd July, 1999 passed by the learned District Judge, Gorakhpur passed in Misc. Appeal No. 6 of 1999 reversing the order dated 21st December, 1998 passed by the learned Civil Judge. Junior Division in Original Suit No. 314 of 1981 has since been challenged in the writ petition under Article 227 of the Constitution of India.2. Mr. S. S. Tripathi, learned counsel for the petitioner contends that the suit was brought by one Smt. Brij Raji. On the death of Brij Raji, her daughter Smt. Shanti Devi was substituted as heir within the meaning of Section 171 of the U. P. Zamindari Abolition & Land Reforms Act, 1950. Thereafter, the said Shanti Devi died. The husband had filed an application for substitution. The learned trial court dismissed the said application on the ground that the husband was not her heir in view of Section 172 of the said Act, In support of the claim, the husband produced a registered Will executed by Smt. Brij Raji. Mr. Tripathi contended ...
Ajeet Singh Vs. State of U.P.
Court: Allahabad
Decided on: Aug-21-1999
Reported in: 2000CriLJ3828
K.D. Shahi, J.1. Appellant-Ajeet Singh has filed this appeal against the judgment and order dated 17-10-1980 passed by Sri M. H. Khan, the then Vth Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 89 of 1980 (State of U.P. v. Ajeet Singh and others) by which he has been convicted under Section 307, I.P.C. and sentenced to undergo three years' R.I.2. The brief facts of the case are that Ratan Chandra (hereinafter called as 'complainant side') son of Chet Ram lodged a First Information Report on 18-6-1979 at 9.30 a.m. against Ajeet Singh and his two sons, namely, Rajendra Singh and Sukhvindra Singh (since acquitted by the learned Sessions Judge) with the allegations that in the morning of 18-6-1979 at about 8.00 a.m. he along with his son Rajendra Pal was going towards the grove and when they reached there, they saw that all the three accused persons were ploughing the grove, which belonged to the complainant side. When the complainant asked not to plough the said plot Ajee...
Ram Dhani Vs. State of U.P.
Court: Allahabad
Decided on: Aug-21-1999
Reported in: 2000CriLJ3860
ORDERK.D. Shahi, J.1. This is a revision against the judgment and order dated 20-7-1984 passed by Sri Rajendra Nath, Special Judge, Gorakhpur in Criminal Appeal No. 76 of 1984 (Ram Dhani v. State) where the revisionist has been convicted under Section 3/7 of Essential Commodities Act and sentenced to undergo 6 months R.I. and to pay a fine of Rs. 2,000/- (rupees two thousand) and in default of payment of fine further to undergo 3 months R.I.2. The brief facts of the case are that a raid was made on 22-12-1981 by Sri Rajiv Banerji, the Marketing Inspector at the house of the revisionist in the presence of public witnesses and food grains were found stored on the Veranda of the revisionist for sale. A complaint was filed against the revisionist. The revisionist was convicted by the learned lower Court and on appeal the conviction was upheld by the learned Special Judge, Gorakhpur, against which order the present revision has been preferred.3. The revisionist has challenged both the judgm...
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