Allahabad Court July 2000 Judgments
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Chhata Sugar Co. Ltd. Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Jul-18-2000
Reported in: [2001]124STC33(All)
R.K. Agrawal, J.1.These ten revisions bearing Nos. 891 to 900 of 1999 have been filed by the assessee-applicant against a common order dated September 25, 1999 passed by the Trade Tax Tribunal, Bench 4, Agra in Second Appeal Nos. 41 of 1995 [1985-86] State, 42 of 1995 [1985-86] Central, 43 of 1995 [1986-87] State, 44 of 1995 [1986-87] Central, 268 of 1993 [1987-88] State, 269 of 1993 [1987-88] Central, 85 of 1994 [1988-89] State, 84 of 1994 [1988-89] Central, 516 of 1994 [1989-90] State and 517 of 1994 [1989-90] Central. The applicant is a sugar mill and is engaged in the business of manufacture and sale of sugar. For the consecutive assessment years 1985-86 to 1989-90 both under the U.P. and Central Sales Tax Acts, the applicant did not admit any tax liability on gunny bags purchased by it for the packing of sugar as according to it sugar being exempt from levy of sales tax and the applicant having not charged the price of gunny bags separately from its customers, there was no liabili...
Shital Prasad Tiwari Vs. Commissioner, Chitrakoot Dham Mandal, Banda a ...
Court: Allahabad
Decided on: Jul-17-2000
Reported in: 2000(4)AWC2652; [2000(86)FLR910]; (2000)3UPLBEC2209
D. K. Seth, J.1. The petitioner Shital Prasad Tiwari in Writ Petition No. 9404 of 1999 was selected by the selection committee in terms of Rule 16 of the Uttar Pradesh District Offices (Collectorates) Ministerial Service Rules, 1980. By an order dated 29.11.1997, the petitioner was appointed as Stenographer in Grade-I. Respondent No. 3 Sri Ghaslte Lal Verma made a representation that he was not given any opportunity in the selection and that he had been senior to the petitioner by 17 years and that he was confirmed in the post three years before the petitioner was confirmed, as such he has a claim for the post to which the petitioner was posted. By a decision dated 6.1.1999, the Commissioner had allowed the said representation and reverted the petitioner to the post of stenographer grade II. This order has Since been challenged in this writ petition.2. Mr. M. M. Sahai, learned counsel for the petitioner has taken asimple but an Interesting point to the extent that the appointment in th...
Smt. Malini Agrawal Vs. Rent Control and Eviction Officer (i), Allahab ...
Court: Allahabad
Decided on: Jul-14-2000
Reported in: 2000(3)AWC2566
R.H. Zaidi, J.1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 29.12.1999 passed by the Rent Control and Eviction Officer, Allahabad, respondent No. 1, whereby House No. 26/28, Mahatma Gandhi Marg, Allahabad, a residential building, was declared vacant and notices were directed to be Issued to the concerned parties.2. Counter and rejoinder-affidavits have already been filed. The writ petition is, thus, mature for hearing. As desired by learned counsel for the parties, this petition was heard and is being disposed of finally at this stage.3. The relevant facts of the case giving rise to this petition. In brief, are that one Sri S. D. Shah, father of the petitioner, was the tenant of the building in question. Sri S. D. Shah used to live in the building in question with his wife. On the death of his wife, Sri S. D. Shah shifted to Varanasi afte...
Life Insurance Corporation of India Vs. Special Judge (Anti-corruption ...
Court: Allahabad
Decided on: Jul-14-2000
Reported in: 2000(3)AWC2573; [2000(84)FLR147]; (2000)IILLJ1575All; (2000)3UPLBEC2284
G. P. Mathur, J.1. This special appeal is directed against the Judgment and order dated 1.11.1999 of a learned single Judge by which Writ Petition No. 34897 of 1999 filed by the appellant was dismissed.2. Anwar Khan fpredecessor-in- interest of respondent Nos. 4 to 11), who was working as development officer in Life Insurance Corporation of India (in short, the L.I.C.), was retired from service on 30.4.1979 after he attained the age of 58 years. He challenged the retirement order by filing a civil suit on the ground that his age of superannuation was 60 years. The suit was decreed and the appeal preferred by the L.I.C. was also dismissed. Thereafter, the L.I.C. filed Second Appeal No. 1662 of 1982 in this Court, which was admitted and is pending for hearing. However, no stay order was granted in favour of the appellant-L.I.C. Thereafter, Anwar Khan filed a petition before the Payment of Wages Authority claiming wages for the period 30.4.1979 to 30.4.1981 and some other amounts under di...
Pratappur Sugar and Industries Limited Vs. Deputy Labour Commissioner, ...
Court: Allahabad
Decided on: Jul-14-2000
Reported in: 2000(4)AWC2834; [2000(87)FLR142]; (2000)3UPLBEC2161
G.P. Mathur, J. 1. The question which requires consideration here is whether a special appeal would lie against the judgment and order of a single Judge in a writ petition under Article 226 of the Constitution wherein an order passed by Deputy Labour Commissioner under clause (LL) of the standing orders governing conditions of employment of workmen in Vaccum Pan Sugar Factories was subject-matter of challenge.2. Surya Narain Shahi, respondent No. 2 was appointed as cane-observer in the appellant Pratappur Sugar and Industries Limited on 25.10.1956 and in the service book, his date of birth was entered as 16.12.1935. He became eligible to become member of Provident Fund Scheme and in P.F. Form II, he made a declaration on 10.10.1957, that his date of birth was 16.12.1935. On 12.11.1992, he made a representation to the appellant, that the entry regarding his date of birth be changed from 16.12.1935 to 1.5.1939, which was recorded as his date of birth in his High School Certificate. No ac...
Shobh Nath Singh Vs. State of U. P. and Others
Court: Allahabad
Decided on: Jul-13-2000
Reported in: 2000(3)AWC2529
Sudhir Narain, J. 1. The core question in this petition is whether the petitioner is entitled for regularisation of his services to the post of Lecturer in English in Indira Gandhi Intermediate College, Jamaha, Mau Aima, Allahabad (hereinafter referred to as the 'institution') under Section 33A(1C) of U. P. Secondary Education Services Selection Boards Act, 1982 (in short the 'Act).2. The facts leading to this writ petition and involving this question are that a post of Lecturer in English was sanctioned by the State Government in the institution on 11.12.1981. One Sri R. P. Ojha was appointed as ad hoc Lecturer under Second Removal of Difficulties Order, 1981, as on the said date, the appointment on ad hoc basis was banned by the Government. The Management of. the institution notified the post to the U. P. Secondary Education ServicesCommission (hereinafter referred to as the 'Commission') as provided under Section 18 of the Act. The Commission advertised the post in question in the n...
Bhagwas Das (Decd.) Through L.Rs. Vs. Additional District Judge, Agra ...
Court: Allahabad
Decided on: Jul-13-2000
Reported in: 2000(3)AWC2580
Sudhir Narain, J.1. The petitioner seeks to quash the decree passed by the trial court for recovery of arrears of rent, ejectment and damages and the order of the revisional court dismissing the revision against the said Judgment. 2. Briefly stated the facts are that respondent No. 3 is landlord of the shop in question of which the petitioner is tenant. He filed Suit No. 1268 of 1968 against the petitioner in the Court of Judge Small Causes for recovery of arrears of rent, ejectment and damages with the allegations that the shop in question was constructed in the year 1987 and was - not governed by the provisions of U. P. (Control of Rent and Eviction) Act. 1947. The petitioner had illegally sublet the accommodation to the defendant Nos. 2 to 4. His tenancy was terminated by a notice which was served upon him on 7.10.1976 but inspite of service of notice he did not vacate the shop. The petitioner filed written statement and alleged that he did not sublet the accommodation or committed ...
Shree Traders Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jul-13-2000
Reported in: 2001(75)ECC264; 2000LC452(Allahabad)
ORDERM. Katju, J.1. The petitioner is a trader dealing in various metals and metalwares. On 5.3.2000 the truck of the petitioner was seized in district Saharanpur loaded with Copper sheets and circles.2. The petitioner applied for release of the truck before the Deputy Commissioner, Central Excise vide Annexure A-3 to the writ petition. He sent another reminder. The petitioner thereafter received letter dated 30.3.2000 of the Superintendent, Central Excise Saharanpur stating that the Duty Commissioner has observed that the application for provisional release will be considered after completion of the investigation vide Annexure A-5 to the writ petition.3. A counter affidavit has been filed in which it has been alleged in paras 6, 8 and 9 that the petitioner transported goods through an unusual route without payment of excise duty. In our opinion the petitioner has an alternative remedy under the Central Excise Act and Rules.4. Under Section 33 the power of adjudication is with the Comm...
Ambika Industries and anr. Vs. Customs, Excise Gold (Control) Appellat ...
Court: Allahabad
Decided on: Jul-13-2000
Reported in: 2001(75)ECC263; 2000LC450(Allahabad)
ORDERR.K. Agrawal, J.1. The two petitioners in the present writ petition namely M/s. Ambika Industries, C-18, Nadarganj, Industrial Area, Amausi, Lucknow and M/s. Digambar Boundary, B-10, Industrial Area Nadarganj, Amausi, Lucknow have filed the present writ petition seeking a writ of certiorari quashing the Final Order dated 30.3.2000 issued on 18th April, 2000 passed by the Customs Excise and Gold (Control) Appellate Tribunal in respect of Appeals No. 1102 and 1106 of 1996-NB filed by the petitioners. A further relief in the nature of writ of mandamus directing the respondents to keep the decision of the Larger Bench in abeyance in respect of the petitioners till the final decision of this Hon'ble Court on the writ petition has been sought. The Customs, Excise and Gold (Control) Appellate Tribunal is situate in New Delhi. Both the petitioners are situate at Lucknow. A preliminary objection has been raised by Shri Vikram Gulati Addl. Standing Counsel, Central Government that the writ ...
D.C.M. Shriram Industries Ltd. and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-12-2000
Reported in: 2000(3)AWC2489
M. Katju and A.K. Yog, JJ.1. Heard Sri Shanti Bhushan and Sri Tarun Agarwal, learned counsel for the petitioners and Sri Bharat Ji Agarwal and Piyush Agarwal, learned counsel for the respondent Nos. 3 and 4 and the learned standing counsel for the respondent Nos. 1 and 2.2. This writ petition has been filed against the impugned order of the Controller of Molasses dated 25.8.1999 (Annexure-7 to the writ petition). By that order, the petitioner's application under the proviso to Section 8 (1a) of the U. P. Sheera Niyantran Adhiniyam has been rejected.3. The petitioners are sugar factories which also have their own distilleries, Under the U. P. Sheera Niyantran Adhiniyam. 1964 and the orders passed thereunder, it has been provided that 40% of the molasses produced by the sugar factories are reserved for Chemical Industries. 40% could be sold in the open market, and 20% will be reserved for country liquor producers. Section 8 reads as follows :'8. Sale and Supply ofmolasses.--(1) The Contr...
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