Allahabad Court October 2000 Judgments
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Kamla Palace Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-12-2000
Reported in: 2000(4)AWC3127
R. K. Agrawal, J.1. The petitioner, Kamla Palace, village Dunda Hera, district Ghazlabad. through its proprietor Sri Arvind Mohan Sharma, has filed the present petition under Article 226/227 of the Constitution of India, seeking writ of certiorari quashing the orders dated 14.5.1992, 16.7.1993, 2.7.1993, 13.9.1993 and 22.9.1993, contained in Annexures-14, 9, 12, 13 respectively, in addition to writ of mandamus directing the respondents not to compel the petitioner to pay any amount towards the entertainment tax for the first two years of functioning of petitioner-cinema hall.2. The facts of the case in brief are that according to the petitioner, acting on the basis of grant-in-aid facility provided by the State Government vide Government Order dated July 18, 1989, he decided to construct a cinema hall in village Dunda Hera of district Ghaziabad, which had a population of less than 5.000. The petitioner had made an application under Rule 3 of the U. P. Cinematograph Rules, 1951 (hereina...
Dhampur Sugar Mills Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Oct-12-2000
Reported in: [2004]134STC322(All)
R.K. Agrawal, J.1. The applicant, M/s. Dhampur Sugar Mills Ltd., has filed the present revision against the order dated June 9/ 12, 2000 passed by the Trade Tax Tribunal, Bench I, Moradabad, in second appeal No. 204 of 1999 (1992-93).2. The facts giving rise to the present revision are that the applicant is a registered dealer under the provisions of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') and is engaged in the business of manufacture and sale of sugar, chemicals, etc. For the assessment year 1992-93 an ex parte assessment order was passed on March 8, 1996 against which the applicant had filed appeal under Section 9 of the Act before the Deputy Commissioner (Appeals). The said appeal was allowed by order dated September 7, 1996 and after setting aside the assessment order, the assessing authority was directed to pass fresh assessment order in accordance with law in the light of directions contained therein. It appears that the applicant was not satisfied wit...
Raj Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-11-2000
Reported in: 2001(1)AWC149; (2001)3UPLBEC2043
Jagdish Bhalla, J.1. This writ petition is directed against the orders dated 25.3.1992, contained in Annexures-1 and 2, compulsorily retiring the petitioner from the post of Lekhpal.2. The facts of the case, in brief, are that a Screening Committee consisting of Registrar Kanungo, Naib Tehsildar, Tehsildar and Sub-Divisional Officer, Biswan, district Sitapur met on 1.2.1992 and after considering the case of the petitioner, recommended for his compulsory retirement on the following grounds :(i) that he has been under suspension for three times ;(ii) he did not take interest in the Family Welfare Programme in 1987-88 ;(iii) on survey done by the Sub-Divisional Officer, Biswan on 8.1.1992, it was found that he had made wrong entries in the khasra ;(iv) his progress in Small Savings Scheme was zero till 8.2.1992 ;(v) his progress in National Family Welfare Programme was also zero ;(vi) he made wrong survey of kharif season ;(vii) he did not make the entries of substitution in time ;(viii) ...
Indian Oil Corporation Ltd. Vs. Vidyawati Construction Co. Ltd.
Court: Allahabad
Decided on: Oct-11-2000
Reported in: 2000(4)AWC3101
Sudhir Narain and Krishna Kumar, JJ. 1. This appeal is directed against the order dated 31.5.1991 passed by the Additional District Judge. Varanasi directing the appellant to furnish the original agreement and submit a panel of Arbitrators to choose an Arbitrator by the plaintiff-respondent to decide the dispute.2. Briefly, stated the facts, are that the Indian Oil Corporation Ltd. invited the tenders for construction of office building, road. etc. for L.P.G. bottling plant at Varanasi near Babatpur. M/s. Vidyawati Construction Company Ltd. respondent submitted its tender, which was accepted by the appellant. The respondent is alleged to have sent the agreement to the appellant which was countersigned by it. The respondent started construction work and some of the work was completed.3. The respondent alleged that the appellant did not provide the requisite drawings and details of the construction within the time as stipulated under the agreement with the result respondent had to suffer...
J.N. Chaturvedi, Advocate Vs. Commissioner/District Magistrate, Allaha ...
Court: Allahabad
Decided on: Oct-11-2000
Reported in: 2000(4)AWC3385; (2000)3UPLBEC2113
M. Katju and O. Bhatt, JJ.1. A drainage system is an essential part of the lifeline of a City. Without a proper drainage system in a City, there are bound to be epidemics, diseases, water logging and other kinds of big problems.2. Due to the rains which started from the evening of August 30, 2000 and continued for two or three days atleast one third, if not one half, of Allahabad City went under water, causing huge loss of property and other problems in the City. The City became like Venice, with boats plying on the streets. Lacs of citizens lost their household goods and suffered various kinds of damage and hardships. Thousands of houses were several feet under water and many citizens had to abandon their houses or to go on the first floor. If there was one. The miseries of the people of Allahabad were unimaginable.3. Not only the City of Allahabad is facing such a problem but also a large number of other Cities in India were also facing the same. For instance the newspapers reported ...
Dinesh Kumar Nigam Vs. Kanpur Electric Supply Administration and Other ...
Court: Allahabad
Decided on: Oct-11-2000
Reported in: 2000(4)AWC3265; (2000)3UPLBEC2525
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ.1. Three fold prayers have been made by the petitioner in this writ petition :(i) to command respondent No. 2, the Electrical Inspector to decide the dispute raised by him through application dated 14.5.1996 within a stipulated time.(ii) to command the respondents not to encash Cheque No. 142886 dated 20.7.1996 of Rs.50.000 and Cheque No. 142887 dated 15.8.1996 of Rs. 28,295.54P.(iii) to command the respondents to refund the amount realised through Cheque No. 142883 dated 23.3.1996. Cheque No. 142884 dated 30.4.1996 and Cheque No. 142885, dated 20.5.1996.The submissions :2. At the very outset, Sri Sudhir Agrawal, learned counsel appearing on behalf of the respondents, raised a preliminary objection in regard to maintainability of this writ petition stating that two months after the detection of the theft of the electrical energy by the petitioner, he moved the Electrical Inspector, (who is not an employee of the U.P.S.E.B. as described in the...
Mukesh Sharma Vs. Allahabad Nagar Nigam and Others
Court: Allahabad
Decided on: Oct-11-2000
Reported in: 2000(4)AWC3381
M. Katju and O. Bhatt, JJ. 1. This is a public interest litigation praying that the citizens of Rasulabad locality, Allahabad are not being given proper supply of water. Although, this petition is only regarding Rasulabad locality but we are of the opinion that since large parts of the City of Allahabad are often without water hence the scope of the writ petition should be expanded. Therefore, we are treating in this petition the problems of water supply of citizens of the whole of the Allahabad.2. We have already connected this writ petition to the Writ Petition No. 778 of 2000 and it shall be listed along with that petition.3. Water is essential for life and hence citizens are Justified in demanding proper water supply. In our opinion, planning and action must be done from right now so that by the time the summer approaches, a proper water supply system may be set up and operated in Allahabad. The present arrangement of water supply is from Khushrubagh Water Works and tube wells. But...
The Kisan Sahkari Chini Mills Ltd. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Oct-11-2000
Reported in: [2002]125STC216(All)
R.K. Agrawal, J.1. The Kisan Sahkari Chini Mills Ltd., Budaun, has filed the present revision against the order dated March 16, 1991, passed by the Sales Tax Tribunal, Haldwani Bench, Haldwani, in Second Appeal No. 621 of 1990 (assessment year 1986-87).2. The facts of the case in brief are that the applicant is a registered dealer under the provisions of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act') and is engaged in the business of manufacture and sale of sugar, by-products and its waste products, etc. It had applied for grant of registration certificate in respect of various items including steel, cement and paints, which were to be used by the applicant in the manufacture of sugar and other products. The assessing authority vide order dated December 7, 1987 disallowed the registration in respect of steel, cement and paints. The applicant preferred an appeal under Section 9 of the Act before the Assistant Commissioner (Judicial), Sales Tax, Haldwani, who vide...
Commissioner of Trade Tax Vs. Shiv Shanker Murti Foundry
Court: Allahabad
Decided on: Oct-10-2000
Reported in: [2002]128STC114(All)
R.K. Agrawal, J.1. The Commissioner of Trade Tax, U.P,, Lucknow, feeling aggrieved by the order dated May 16, 1998 passed by the Trade Tax Tribunal Bench-II, Aligarh, in Second Appeal No. 85 of 1997 (assessment year 1994-95, U.P.) has filed the present revision under Section 11 of the U.P. Trade Tax Act.2. The facts of the case in brief are that the assessee-opposite party is a registered dealer under the provisions of the U.P. Trade Tax Act, and is engaged in the business of manufacture and sale of idols made of brass. The assessee admitted its tax liability at the rate of 8 per cent plus surcharge of 2 per cent treating it to be taxable as unclassified goods. However, the assessing authority held it to be taxable under the entry of art brassware under Notification No. ST-II-2152/X dated October 26, 1991. The imposition of tax at the rate of 10 per cent plus surcharge of 2.5 per cent has been upheld by the Tribunal. However, it has deleted the levy of interest by holding that the asse...
Jai Prakash Shastri Vs. Adhikshak, Janpad Karagar and ors.
Court: Allahabad
Decided on: Oct-10-2000
Reported in: 2001CriLJ349
ORDER1. Sri Kamlesh Narain appears for Union of India and SriMahendra Pratap for the State.2. Heard learned counsel for the parties.3. The petitioner is challenging the impugned detention orderdated 24-2-2000 passed under Section 3(2) of the NationalSecurity Act.4. A large number of points have been taken in this petition butin our opinion this petition deserves to be allowed on the veryfirst point, namely, that the detaining authority did notcommunicate to the detenue that he has a right to make arepresentation to the detaining authority as is required by theHon'ble Supreme Court in State of Maharashtra v. Santosh ShankarAcharya 2000 (8) JT SC 374 : AIR 2000 SC 2504.5. No doubt this point was not expressly taken in the pleadingsin the petition but on 28-9-2000 we had passed an orderdirecting the learned Government Advocate to file asupplementary affidavit stating whether the detaining authorityintimated to the detenue that he has a right to make arepresentation against his detention t...
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