Allahabad Court January 2001 Judgments
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SamaydIn Vs. State of U.P.
Court: Allahabad
Decided on: Jan-04-2001
Reported in: II(2001)DMC565
ORDERS.K. Agarwal, J.1. Heard learned Counsel for the applicant and learned A.G.A., Mr. Anoop Ghosh and have perused both the orders also.2. The order of the learned Judicial Magistrate granting maintenance of Rs. 500/- to the respondent from the date of the application has been modified by the learned IX Additional Sessions Judge, Bulandshahr, only to the extent of reducing the amount from Rs. 500/- to Rs. 400/-.3. On examination of both the judgments, I do not find any serious infirmity in them nor any such infirmity was pointed out on behalf of the applicant. It is only urged that maintenance amount should be fixed from the date of the order as the law normally requires. If the Court intends to grant maintenance from the date of application Court must record its reasons for doing so. The contention has some force. Sub-section (2) of Section 125, Cr.P.C. spells as under :'(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the applicati...
Ram Kishan Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001(130)ELT431(All); 2006[2]STR317; [2007]6STT110
1. The petitioner has challenged the notice of demand dated 20-9-2000 (Annexure-1) to the writ petition demanding from it service tax. The petitioner claims that it is carrying on business of sale and manufacture of Bidies in the name and style of M/s. Ram Kishan Daya Ram as a registered partnership firm at Gursahaiganj, Kannauj. It is not transporting any goods and therefore, is not liable to pay any service tax.2. Section 116 of the Finance Act, 2000 has amended clause (6) in Section 65 of the Act No. 32 of 1994 which reads as under :'(a) in Section 65 -(i) For clause (6), the following clause had been substituted, namely :-(6) 'assessee' means a person liable for collecting the service tax and includes -(i) his agent; or(ii) in relation to services provided by a clearing and for-warding agent, every person who engages a clearing and forwarding agent and by whom remuneration or commission (by whatever name called) is paid for such services to the said agent; or(iii) in relation to se...
Sabarmati Steels and Alloys (P) Ltd. Vs. Commissioner of Central Excis ...
Court: Allahabad
Decided on: Jan-04-2001
Reported in: 2001(73)ECC663
ORDER1. The petitioner seeks a writ of mandamus commanding the Commissioner of Central Excise, Kanpur-I respondent to settle the case of the petitioner granting it the benefit of the provisions of Kar Vivad Samadhan Scheme.2. The version of the petitioner is that it is engaged in the manufacture of M.S. ingots falling under Chapter Sub-Heading 7206.90 of the Central Excise Tariff Act, 1985 and is duly registered for the same with the Central Excise department. The petitioner was served with two show cause notices dated 24.8.1993 and 21.11.1994 alleging as to why Modvat credits amounting to Rs. 1,62,765 and Rs. 1,75,579 availed during the months of March and June, 1993 respectively be not disallowed as the same were availed of on the basis of invalid documents and as to why the said amounts be not recovered from it and as to why it may not be penalised for wrongly availing the Modvat credits. The petitioner filed objections to the said show cause notices. The Deputy Commissioner (Prev.)...
Subhash Chand and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-03-2001
Reported in: 2001(1)AWC818; (2001)2UPLBEC1085
V. M. Sahat, J.1. The short question that arises for consideration in this petition is whether the answer books of the petitioners can be reehecked or revalued in absence of any statutory rule.2. For appointment of teachers in Government Primary Schools, B.T.C. Entrance Examination was held for the session 1998-99 by the Principal, District Education and Training Centre, Saidpur, district Ghazipur. The petitioners being qualified and eligible for appointment as teacher applied. They appeared in the examination but the result was not declared. This Court issued a direction 6.2.2000 for declaration of results and the respondents declared results of both sessions 1997-98 and 1998-99. In the merit list declared by the respondents, the petitioners were not selected.3. This petition has been filed by the petitioners on the allegations that the petitioners should have been awarded 90% marks in the B.T.C. entrance examination 1998-99, but the respondents intentionally disqualified the petition...
German Singh and Another Vs. District Inspector of Schools, Aligarh an ...
Court: Allahabad
Decided on: Jan-02-2001
Reported in: 2001(1)AWC601; (2001)1UPLBEC633
Shitla Pd. Srivastava, J.1. This petition under Article 226 of the Constitution of India has been filed by German Singh and Sukhbir Singh against the District Inspector of Schools and others for quashing the order dated 26.4.1997 passed by the District Inspector of Schools, Aligarh, which has been filed as Annexure-18 to the writ petition and consequential order dated 1.5.1997 passed by the Manager of the Institution, which has been filed as Annexures-19 and 20 to the writ petition. Further other relief for mandamus has been prayed for commanding the respondents to pay the salary to the petitioner No. 1 as head clerk of the institution in question and petitioner No. 2 as assistant clerk of the institution in question.2. The brief facts as stated in the petition are that in the institution in question, namely, Jamuna Khand Inter College, Tappal, district Aligarh, the respondent No. 4, Kishan Pal Singh was in service as Head Clerk. His services were terminated on account of charges of em...
Kunj Behari Vs. Board of Revenue, U.P. Lucknow and Others
Court: Allahabad
Decided on: Jan-02-2001
Reported in: 2001(1)AWC613
ORDERShitla Pd. Srivastava, J.1. This writ petition has been filed by the petitioner for quashing the order dated 23.8.2000, passed by respondent No. 1, which has been filed as Annexure-12 to the present writ petition, and further prayer has been made to issue a direction that alleged claim of respondent Nos. 5 and 6 in respect of property in question based on mortgage deed dated 2.2.1974 is not maintainable being barred by Section 49 of the U. P. Consolidation of Holdings Act. The other prayer has been made for issueof ad interim mandamus staying the operation of the impugned order of the respondent No. 1 dated 23.8.2000 including dispossession of the petitioner from the property in question.2. Sri N. B. Tewari, learned counsel for the respondent has raised a preliminary objection that the present writ petition is not maintainable as it has arisen out of the proceedings under Section 34 of the Land Revenue Act. His submission is that this Court has taken a view in a case in Smt. Rani ...
Oriental Insurance Co. Ltd. Vs. Manju Gupta Nd Others
Court: Allahabad
Decided on: Jan-02-2001
Reported in: 2002ACJ1969; 2001(1)AWC848
S. R. Alam, J.1. This appeal under Section 173 of the Motor Vehicles Act has been filed against the award of the Motor Accidents Claim Tribunal, Ferozabad, dated 16.12.1998 in Claim Petition No. 148 of 1993 awarding a compensation of Rs. 5,50,893- to the dependants of the deceased who died in a road accident.2. Heard learned counsel for the appellant and Sri B. R. Singh, learned advocate for the opposite parties.3. The short facts of the case is that on the fateful day, i.e., 19.3.1993, the deceased Ajay Kumar Gupta, while on way from Shikohabad to Sirsaganj on a motor cycle bearing registration No. U. P. 83-1790 and when he reached to bye pass road at 2.30 p.m.. Truck No. RRD 3447 coming rashly from opposite direction dashed him resulting his instant death on the spot. One Naresh Kumar who was also riding on pillion, got seriously injured and while being taken to Shikohabad hospital, died in the way. The driver fled away leaving the truck at the accident site. The father of the deceas...
Ram Krishan Dubey and anr. Vs. Inspector General (Registration) and an ...
Court: Allahabad
Decided on: Jan-02-2001
Reported in: (2001)1UPLBEC573
A.K. Yog, J.1. In all the above petitions, common question i.e. (regularisation of the petitioners who claim to be appointed on daily wages by way of gap arrangement) lias been raised.2. The above petitions can be placed in two groups. First group of petition was filed prior to the judgment and order dated 27th Sept., 1995 of the Supreme Court, dealing with this subject, in the case of Khagesh Kumar and Ors. v. Inspector General of Registration and Ors., reported in (1996) 1 UPLBEC 23 and second group of the petitions is one filed after the aforesaid decision of the Supreme Court-This Court granted interim orders in some of the writ petitions though in different terms. In the rest of the petitions, no interim orders were passed. These petitions have been pending for three to nine years approximately.3. It is to be noted that by and large, reliefs claimed in these petitions cannot be granted since the order of regularisation has to be passed by the competent authorities in accordance wi...
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