Allahabad Court July 2000 Judgments
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Trans Asia Carpets Limited Vs. Assistant Commissioner
Court: Allahabad
Decided on: Jul-06-2000
Reported in: 2000(71)ECC490; 2000LC453(Allahabad)
1. Heard counsels for the parties.2. It appears that an order dated 8th March 1991 was passed against the Petitioner by the Assistant Commissioner, Central Excise Division III, Ghaziabad vide Annexure-3 to the Writ Petition. In pursuance of that order the Petitioner made deposit under protest. Thereafter the Petitioner filed an appeal, which was allowed by the Commissioner (Appeals) on 30th June 1992 vide Annexure-4 to the Writ Petition. Against the order of the Commissioner (Appeals) the Department has filed a second appeal before the CEGAT. However, it is alleged in para 15 of the Petition that no stay order has been passed by the CEGAT. The Petitioner has stated in Para 13 of the Petition that he made a prayer for refund. This fact is not disputed in para 14 of the Counter-Affidavit.3. It is settled law that mere filing of an appeal does not amount to stay of proceeding vide Super Electronics v. Assistant Commissioner of C.Ex., Ghaziabad : 1996(83)ELT268(All) and Union of India v. K...
Dr. Hari Das Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-05-2000
Reported in: 2000(3)AWC2564; [2000(86)FLR770]
Binod Kumar Roy and S. K. Jain, JJ.1. The petitioner, who is a Scheduled Caste and thus borrowing the expression used by the Supreme Court 'a zealous child of the Constitution', has come up with a prayer to quash the order dated 22nd March, 1994 of the State Government, as contained In letter No. 674/6-3/5-6(75)/91 of the Joint Secretary, Government of Uttar Pradesh sent to the Director, Medfcat Health and Family Welfare, Uttar Pradesh. Medical Department-III, Lucknow (copy appended as Annexure-8) rejecting his representation dated 5th September, 1992 in relation to grant of special grade to him with effect from 1st August. 1985 on following grounds :(i) His name was included in the selection list in relation to promotion to the post of special grade on 6th July, 1985 and 1st August, 1985. (ii) This apart on 28th May. 1986 there was a meeting of the selection committee in which his name was considered but the committee found him unfit for promotion in the selection grade.(iii) So far a...
Ghaziabad Development Authority Vs. Lajja Ram
Court: Allahabad
Decided on: Jul-05-2000
Reported in: 2000(3)AWC2597; (2000)3UPLBEC1988
P.K. Jain, J.1. Though the appeals were admitted by Hon. R. N. Ray, J. (since retired) vide order dated 10.12.1997 no substantial questions of law were formulated. However, Sri A. K. Mishra, learned counsel for the appellant has pressed the two appeals on following substantial questions of law formulated by him in the memos of appeal :'(1) Whether the appellant was only authorized to sanction the site plan for the construction of 1.5 F.A.R. The respondents admitted a site plan for construction of multistoried building of 3.5 F.A.R., site plan of which can only be passed after the Board of the appellant in its meeting approves it and sends its recommendation to the State Government and the State Government grants its permission, only then site plan of 3.5 F.A.R. of multistoried building can be passed. No request was made nor any application was given by the plaintiff respondent that his case be placed before the Board of the appellant but view to the contrary taken by the appellant cour...
Smt. Vimala Agarwal Vs. Smt. Ram Kali
Court: Allahabad
Decided on: Jul-04-2000
Reported in: 2000(3)AWC2520
P. K. Jain, J.1. This is defendant's revision against judgment and decree dated 29th February. 2000 in Small Cause Suit No. 5 of 1992 whereby the suit of the plaintiff for recovery of arrears of rent and mesne profit and pendente life future mesne profit and also for ejectment of the defendant has been decreed.2. The plaintiff/opposite-party filed suit for recovery of arrears of rent amounting to Rs. 19.600, arrearsof mesne profit amounting to Rs. 1,786.67 paise the recovery of arrears of water tax sewer tax amounting to Rs. 5.184 and pendente lite and future mesne profit and water tax and sewer tax and for eviction of the revisionist from suit property on the ground that the defendant has defaulted in payment of rent and arrears of water tax and sewer tax. The plaintiffs case was that the suit premises were newly constructed and first assessment of house tax was made in August, 1982. Provisions of U. P. Act 13 of 1972 were not applicable to the suit property. Monthly rate of rent was ...
Stallion Shox Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-04-2000
Reported in: 2000(4)AWC2612; [2000(86)FLR801]; (2001)ILLJ103All
Palok Basu and Ratnakar Dash,JJ.1. M/s. Stallion Shox Limited has come up to this Court under Article 226 of the Constitution of India with the prayer that the citation dated 18.5.1999 Issued by the Tehsildar, Gautam Budh Nagar for realisation of a sum of Rs. 1,44,000 plus collection charges from the petitioner be quashed. The allied prayers have also been made.2. The dispute in the writ petition relates to the application of the opposite party No. 4, PratapChand who admittedly was a workman of the petitioner and went to the Tribunal under the relevant industrial law which passed an award in his favour directing payment of back wages to the opposite party No. 4 and that is how a sum of Rs. 1,44,000 and odd is now sought to be recovered from the petitioner through the present citation.3. When the writ petition was filed on 3.6.1999. an interim order was passed staying the recovery from the petitioner. The opposite party No. 4. workman has put in appearance and has filed a counter-affida...
Rama Shankar Roy and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-04-2000
Reported in: 2000(4)AWC2609; (2000)3UPLBEC2289
D. S. Sinha, J. 1. Heard Shri R. K. Ojha. learned counsel appearing for the petitioners. Shri S. K. Singh, learned counsel representing therespondent No. 2, and Shri Harihar Prasad Tripathi. learned standing counsel of the State of U. P.. representing the respondent No. 1.2. From the pleadings contained in the petition, it appears that the petitioners had appeared in State Engineering Services (Special Recruitment) Examination, 1995. conducted by the respondent No. 2 for recruitment of S.C. and S.T. candidates. But they were not called for interview. Hence they approached this Court through present writ petitions praying for issuance of a writ, order or direction in the nature of mandamus directing the respondents to call them for interview.3. Writ Petition No. 24157 of 1996. Rama Shankar Roy and others v. State of U. P. and another, was filed on 30th July, 1996 and Writ Petition No. 27203 of 1996, Neeraj Singh v. State of U. P. and another, was filed on 21st August, 1996. No interim o...
Har Gopal Jaiswal Vs. District Excise Officer, Kanpur Nagar and Others
Court: Allahabad
Decided on: Jul-03-2000
Reported in: 2000(3)AWC2380; (2000)2UPLBEC1734
Binod Kumar Roy and S. K. Jain,JJ.1. With consent of the parties this writ petition is being disposed of on merits at its admission stage.The prayer of the petitioner is to quash the recovery order dated May 28, 1993. Issued by respondent No. 2 the Additional Collector (F&R;), Kanpur (as contained in Annexure-3), the attachment order dated October 30. 1993. Issued by respondent No. 2 (as contained in Annexure-4) and the sale proclamation order dated December 31. 1993. Issued by respondent No. 3 (as contained in Annexure-5) respectively.2. Sri Tarun Agarwal, learned counsel appearing on behalf of the petitioner, submitted a solitary point for our consideration, namely, that the recovery proceedings were Initiated against Sri Har Prasad Jaiswal, the father of the petitioner, despite the fact that he had died on May 4. 1976, which is evident from the death certificate, a X-rox copy of which is Annexure-2 which fact hasnot been denied in the counter-affidavit and consequently, the proceedi...
Krishna Rice Mills and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-03-2000
Reported in: 2000(3)AWC2583
Palok Basu and Ratnakar Dash,JJ.1. Petitioner M/s. Krishna Rice Mills through its partners Arun Kumar. Smt. Prakashwati Devi widow of late Krishna Prasad and Smt. Bina Devt wife of Ashok Kumar have challenged the recovery proceedings initiated at the instance of the State Bank of India, Siswa Bazar Branch, Maharajgaunj. hereinafter referred to as the Bank through the recovery certificate sent for collection asarrears of land revenue to the revenue authorities impleaded as opposite party Nos. 1, 2, 3 and 8 in this writ petition. Opposite party Nos. 6 and 7 are the Industry Officers presently not connected with the dispute in issue.2. When the' writ petition was filed on 27.10.1999, the respondent bank was permitted to have from the petitioners a deposit by cash or by bank draft of the sum of Rs. 3,00,000.00 [Rupees Three lacs only) if paid on or before 30.11.1999 and also permit the petitioners to file a fresh term of proposal for payment of the remaining amount. The recovery certificat...
Gajendra Singh Vs. State
Court: Allahabad
Decided on: Jul-03-2000
Reported in: 2000CriLJ4940
U.S. Tripathi, J. 1. Aggrieved with his conviction and sentence appellant-Gajendra Singh has preferred this appeal against the judgment and order dated 6-1-1981 passed by Sri Bhagwandin, the then learned 4th Additional Sessions Judge, Hamirpur convicting the appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.2. The prosecution story, briefly narrated, was that appellant-Gajendra Singh and deceased-Ram Bahadur were residents of village Deogaon. P. S. Sumerpur, District Hamirpur, About three years before the occurrence of this case, Mahipat Singh father of appellant was murdered. Ram Bahadur -deceased and his brother Chandra Bhan Singh (P.W. 1), Vijai Bahadur, Raghu Nath Singh and others were accused in the said case. At the time of occurrence of this case the said murder case was pending in the Court of Session. Smt. Roop Rani, mother of appellant, had contested election of Pradhan against Ram Bahadur-deceased. Ram Bahadur deceased won the said elect...
Guru Charan Vs. State of U.P.
Court: Allahabad
Decided on: Jul-03-2000
Reported in: 2000CriLJ4560
U.S. Tripathi, J.1. The above two appeals have been preferred against the judgment and order dated 28-7-1999 passed I by Sri J.P. Agarwal, special Judge, (D.A.A.), Etah in Sessions Trial No. 117 of 1997 convicting the appellants Guru Charan, Sunil and Pramod under Section 302 read with Section 34 I.P.C. and sentencing them to extreme penalty of death and convicting the appellant Brahma Pal under Section 307 I.P.C. and sentencing him to imprisonment for life. The learned Sessions Judge has also made reference No. 8 of 1999 for confirmation of death sentence awarded by him to appellants Guru Charan, Sunil and Pramod.2. Both the appeals arise out of same judgment and order. Common question of facts and law are involved in both the appeals and therefore, those are being disposed of by a common judgment.3. The prosecution story, briefly stated, was that appellants Sunil, Pramod and Brahma Pal are real brothers and are residents of village Yakootganj, P.S. Sahawar, District Etah. Appellant G...
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