Allahabad Court May 2002 Judgments
Bhola Nath Verma (D) Through L.Rs. Vs. Vth Additional District Judge, ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2325
Anjani Kumar, J. 1. In pursuance of the order passed by me on 15th March, 2002 in Civil Misc. Restoration Application No. 48618 of 2002, this petition is being heard on merits for final disposal with the consent of the learned counsel for the parties.2. This is a tenant petition arising out of the proceedings under Section 21 (1) (a) of the U. P. Act No. 13 of 1972. The brief facts of the case are that the respondent No. 3, who is the landlord of the premises No. 118/479 (1). Kaushalpuri, Kanpur, filed an application for release of the shop in question under Section 21 (1) (a) of the U. P. Act No, 13 of 1972 (hereinafter shall be referred to as the 'Act'), on the ground that the landlord requires the aforesaid shop for his bona fide purposes and the tilts of the comparative hardship is in favour of the landlord. The prescribed authority issued notices to both the parties. The parties have exchanged their pleadings and also their evidence. The prescribed authority after considering the ...
Tag this Judgment!Smt. Neena Dhawan Vs. Divisional Level Committee C/O Joint Director of ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(3)AWC2533; (2002)3UPLBEC2460
S. K. Slngh, J. 1. By means of thiswrit petition, petitioner has challenged the orders dated 25.3.2000. 7.3.2001 passed by the respondent No. 2 and 16.8.2001. communicated through letter dated 28.8.2001 passed by the respondent No. 1 as contained in Annexures-6, 7 and 9 respectively. A further prayer has been made for a direction to the respondents to pay arrears of petitioner's salary w.e.f. 11.10.1999, as well as regular salary. 2. There is an intermediate college known as Gauri Pathshala Girls Intermediate College. Allahabad. Petitioner claims to be working as teacher in the primary section, which is claimed to be integral part of the intermediate college. The Committee of Management of the intermediate college as stated is the same and thus it is pleaded that primary section is also governed by the U. P. Intermediate Education Act. It has been pleaded in the writ petition that on occurrence of two vacancies for the post of B.T.C. grade teacher in the primary section, one reserved f...
Tag this Judgment!Laxmi Shanker Pathak and anr. Vs. District Inspector of Schools and or ...
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(4)AWC2699; (2002)2UPLBEC1883
Sunil Ambwani, J.1. All these connected writ petitions raise dispute relating to seniority of petitioners Laxmi Shanker Pathak, Fateh Chandra Lal, Lalloo Chauhan, Rama Shanker Pandey, and Krishna Narain Singh in Uchchatar Madhyamik Vidyalaya, Durgaganj, Varanasi. The facts in all these petitions are common, and as such all the above writ petitions are being decided by a common order.2. Writ Petition No. 29135 of 1991 has been filed by Laxmi Shanker Pathak and Krishna Narain Singh for a writ of mandamus directing respondents to treat petitioners as permanent L.T. grade teachers in view of U. P. Ordinance No. 28 of 1999 dated 6.4.1991, and to fix their salaries as L.T. grade Teachers and further to pay arrears of salaries from April, 1991, till date.3. Writ Petition No. 39767 of 1993, has been filed by Fateh Chandra Lal praying for a writ of certiorari for quashing order dated 8.10.1993 by which the District Inspector of Schools. Varanasi decided seniority dispute between the parties in ...
Tag this Judgment!Sandeep Agarwal and ors. Vs. Adarsh Chadha and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002(4)AWC3083
Jagdish Bhalla, J. 1. On 17th May, 2002, after hearing learned counsel for the parties, we issued certain directions and held that the special appeal is maintainable, reasons of which to be recorded later on,2. Now we record the reasons, which are as under :'These two appeals arise out of the order dated 5th April. 2002, passed by learned single Judge in Writ Petition No. 1009 (MS) of 2002 whereby directions have been issued to the Registrar, Firm, Societies and Chits, U. P., Lucknow, to hold the election of the Managing Committee on 20.5.2002, after due publication. The learned single Judge has further directed the Registrar to hold the election on the basis of the list which was valid on 21.3.1999, when the last election of the Managing Committee was held and to ignore all the resolutions of the Managing Committee which were passed subsequent to 21.3.1999 by which membership of some of the members was cancelled and the new members were enrolled. '3. Appellants in Special Appeal No. 1...
Tag this Judgment!Commissioner, Trade Tax Vs. Saket Surgicals India Pvt. Ltd.
Court: Allahabad
Decided on: May-24-2002
Reported in: [2003]129STC147(All)
I.M. Quddusi, J.1. This revision has been filed against the order dated August 24, 1998 passed by the President, Trade Tax Tribunal, Lucknow, in appeal No. 137 of 1997 under section 4-A of the U.P. Trade Tax Act, 1948.2. The question of law involved in this revision is that whether the Tribunal was justified in holding that use of third party generator, whether old or new, on monthly rent for running the industry, was proper and valid when the electricity connection was liable to be in the name of the firm/director/proprietor/partner of the firm as per scheme of Section 4-A of the U.P. Trade Tax Act.3. The facts of the case are that the opposite party which is a registered dealer under the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act'), made its first sale with effect from January 7, 1989. It is alleged that the application of the opposite party under Section 4-A of the Act was initially rejected on August 25, 1993 which was later on allowed on review by the Divisional...
Tag this Judgment!Paswara Petrochem Limited Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: May-24-2002
Reported in: [2003]132STC159(All)
R.B. Misra, J.This present trade tax revision has been filed under Section 11 of the U.P. Trade Tax Act, 1948 (in short called 'the Act') against the order dated December 31, 2001 passed in Appeal No. 58 of 2001 dismissing the above appeal affirming the order dated April 3, 2001 of Divisional Level Committee, Meerut.1. Heard Sri Bharatji Agarwal, learned Senior Advocate with Rakesh Ranjan Agarwal, learned Advocate for the applicant as well as learned Standing Counsel for the revenue-respondent.2. The brief facts necessary for adjudication of the present revision are that the applicant, a public limited company incorporated under the Indian Companies Act, 1956, was granted exemption for a period of eight years from April 25, 1999 to April 24, 2007 on a fixed capital investment of Rs. 2,76,13,000. The first date of production was April 19, 1999 whereas, the date of first sale was April 25, 1999. The installed annual production capacity of the unit was 25,200 MT. The Divisional Level (Tra...
Tag this Judgment!icici Bank Ltd. and ors. Vs. Sidco Leathers Ltd. and anr.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2006CriLJ502
Sunil Ambwani, J.1. Heard Sri Om Prakash Misra, Advocate for IFCI and IDBI and Shri K.L. Grover, Senior Advocate, assisted by Sri Ramesh Singh for Punjab National Bank.2. The company (in liquidation) was wound up by order of this court dated 16 December 1993, and the Official Liquidator has been appointed as its liquidator. The assets of the company (in liquidation) were sold by the Official Liquidator vide order of the court dated 9 October 1998, and the sale was confirmed on 24 February 1999. By an order dated 9 April 2001, the Official Liquidator was directed to invite claims under Rule 148 of the Companies (Court) Rules, 1959, from the creditors and ex-workmen after issuing advertisement in the newspapers. The Official Liquidator in his Report No. 13 of 2002 has stated that he received claims from IFCI, IDBI as well as other secured creditors, namely, ICICI, Punjab National Bank and other seven ex-workers. The first prayer in the application dated 12 December 2001, under considerat...
Tag this Judgment!Saman Ismail Vs. Rafiq Ahmad and anr.
Court: Allahabad
Decided on: May-24-2002
Reported in: 2002CriLJ3648; II(2002)DMC430
G.P. Mathur, J.1. A learned Single Judge has referred the following question for decision by a Larger Bench :'Whether a revision under Section 397, Cr.P.C. is maintainable against the order passed by the Magistrate under Muslim Women (Protection of Rights on Divorce) Act, 1986.'2. On the application moved by the applicant under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, the Act) an order was passed by a Magistrate in her favour. The opposite party, Rafiq Ahmad, preferred Crl. Revision No. 256 of 1999 against the order of the learned Magistrate before the Sessions Judge, Fatehpur. At the time of the admission of the revision, an objection was raised by the applicant that against an order passed by a Magistrate under the Act no revision was maintainable under Section 397, Cr.P.C. The learned IInd Addl. Sessions Judge, Fatehpur. by his order dated 19.7.1999 repelled the objection of the applicant and admitted the criminal revision for hearing. Fe...
Tag this Judgment!United India Insurance Company Limited Vs. Sonia and ors.
Court: Allahabad
Decided on: May-24-2002
Reported in: II(2003)ACC242
G.P. Mathur, J.1. This is an appeal filed by the insurer challenging the award dated 30.3.2002 passed by the Motor Accident Claims Tribunal, Muzaffarnagar in M.A.C. No. 10 of 2001.2. Briefly, the facts of this case are that Sohan Lal and Yogendra Kumar were going on Scooter No. UP-12-4146 on 21.11.2000 when they met with an accident with Bus No. UP 15F-8651, owned and driven by respondent Nos. 6 and 7 respectively. In the said accident both Sohan Lal and Yogendra Kumar received fatal injuries. The widow and three minor children of the deceased Sohan Lal filed M.A.C. No. 10 of 2001 claiming compensation of Rs. 30 lacs against the owner, driver and insurer (appellant) of the said bus, on the allegation that the accident was caused because of the rash and negligent driving of the bus driver and that the deceased was aged about 26 years and was working as a driver in the Civil Court and was earning Rs. 4,873/- per month.3. The Motor Accident Claims Tribunal, after considering the evidence ...
Tag this Judgment!Vegetable Industries Complex Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: May-24-2002
Reported in: [2006]143STC308(All)
R.B. Misra, J.1. The present trade tax revision has been preferred under Section 11 of the U.P. Trade Tax Act, 1948, in short 'Act' against the order dated September 23, 2000 passed by Trade Tax Tribunal in Second Appeal No. 150 of 1999 (1990-91) in reference Rule 41(7) of the U.P. Trade Tax Rules, 1948 and 151 of 1999 (1990-91) in respect of Section 10A (Central Sales Tax Act, 1956).Heard Sri Bharat Ji Agrawal, Senior Advocate, with Sri Piyush Agrawal, for the applicant and Sri B.K. Pandey, learned Standing Counsel for the respondent.2. It appears that the applicant/revisionist a Co-operative Federation Limited, Lucknow, is controlled by Government of U.P. and is engaged in the manufacture and sale of edible and non-edible oils and cakes. The applicant was granted registration under Rule 5(1) of the Central Sales Tax (Registration and Turnover) Rules, 1957. By virtue of it, the applicant/revisionist is entitled to purchase the goods, raw material on concessional rate which was used in...
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