Allahabad Court January 2003 Judgments
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Commissioner of Trade Tax Vs. General Industrial Corporation
Court: Allahabad
Decided on: Jan-28-2003
Reported in: [2006]143STC25(All)
Rajes Kumar, J.1. This is a revision filed under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred as 'the Act') against the order of Tribunal dated February 2, 1996 relating to assessment year 1980-81.2. The dealer-opposite party was manufacturing barbed wire and other items of iron and steel and was holding recognition certificate under Section 4-B. During the year under consideration, dealer had obtained form III-B from its assessing authority and issued the same for purchasing raw material. A proceeding under Section 3-B had been initiated on the ground that the manufactured products were not notified goods and therefore, form III-B was wrongly issued. Assessing authority levied a sum of Rs. 1,30,698 under Section 3-B. Dealer filed appeal before the Assistant Commissioner (Judicial), Sales Tax, Kanpur, which was allowed in part. Assistant Commissioner (Judicial) reduced the amount of penalty to Rs. 43,566.17. Dealer filed second appeal before Tribunal which was allow...
New India Assurance Company Limited Vs. Smt. Lallow and ors.
Court: Allahabad
Decided on: Jan-28-2003
Reported in: II(2003)ACC363
S.P. Srivastava, ACJ.1. Heard the learned Counsel for the insurer-appellant.2. The Insurer appellant has filed this appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 2,84,000/- as compensation together with simple interest at the rate of 9% per annum to the claimant respondents in the proceedings under Section 166 of the Motor Vehicles Act on account of the untimely death of Rajesh, who was aged about 22 years in an accident involving the offending motor vehicle.2. The Tribunal after considering the evidence and the materials brought on record, had come to the conclusion that the offending motor vehicle was being driven rashly and negligently at the time of the accident. The Tribunal was also of the view that the driver of the offending motor vehicle did not have any licence authorising him to drive the said vehicle. The income of the deceased was found to be Rs. 2,000/- p.m. and the extent of the dependency taking into account the nu...
Dr. Vijay Laxmi Agarwal Vs. Vice-chancellor, M.J.P. Rohilkhand Univers ...
Court: Allahabad
Decided on: Jan-27-2003
Reported in: 2003(2)AWC1016; (2003)IIILLJ477All
M. Katju, J.1. Heard Sri Ishrat All learned counsel for the petitioner and Dr. R. G. Padia for Dr. (Smt.) Neerja Garg, respondent No. 3.2. A counter-affidavit has been filed on behalf of respondent No. 2, the Committee of Management of S.B.D. Mahila Mahavidyala, Dhampur, district Bijnor through Dr. Awadesh Saxena.3. The short point involved in this case is as to who is entitled to be appointed as officiating principal of the institution till the regular selection is made by the U. P. Higher Education Service Commission. Admittedly the petitioner Dr. Vijay Laxmi Agarwal is senior to Dr. Neerja Garg. Statute 11.20 of the Statutes of the Rohil Khand University states :'11,20. When the office of the Principal of an Affiliated College falls vacant, the Management may appoint any teacher to officiate as Principal for a period of three months or until the appointment of a regular Principal, whichever is earlier. If on or before the expiry of the period of three months, any regular principal i...
Rajendra Singh and ors. Vs. Brij Mohan Agarwal and anr.
Court: Allahabad
Decided on: Jan-27-2003
Reported in: AIR2003All180
ORDERJanardan Sahai, J. 1. Additional Civil Judge (Senior Division), Agra by his order dated 30-9-2002 impugned in this revision has issued notice on the injunction application filed by the plaintiffs/applicants but has not granted any ex parte temporary injunction. The Suit No, 937 of 1993 from which this revision arises was filed by the plaintiffs/applicants for permanent injunction restraining the defendants from alienating the land in suit and from raising constructions over it.2. Sri P.C. Jain, learned counsel for the defendants/opposite parties has raised a preliminary objection relating to the maintainability of this revision. It is submitted by him that under the proviso of Section 115 C.P.C. as it now stands after the amendment the High Court has been precluded from exercising its revisional power unless the order challenged if passed in favour of the party, filing the revision would have disposed ofj the suit itself or other proceedings. An order issuing notice on an injuncti...
Lt. Col. (Retd.) Propkar Singh and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-27-2003
Reported in: 2003CriLJ2734
ORDERImtiyaz Murtaza, J.1. The present petition has been filed for quashing of the order dated 4-2-2002 passed by the Chief Judicial Magistrate, Gautam Budh Nagar in complaint case No. 5070/2000 and proceedings of corn-plaint case and also order dated 18-4-2002 passed by the Additional Sessions Judge (Fast Track Court), Gautam Budh Nagar in Criminal Revision No. 19/2002.2. The applicants are class-AMES contractor in the name and style of M/s. Good Value Engineers. The firm is a registered partnership firm and applicants are the partners of the aforesaid firm. Opposite Party No. 2 had filed a complaint against the applicants in the Court of the Chief Judicial Magistrate, Gautam Budh Nagar, alleging therein that in September, 1997 applicants were the lowest tenderers in MES work contract No. CE(FY)/HYD/BHA/04/97-98. The said work contract was awarded to them. The applicants did hot have adequate working capital to execute the aforesaid MES work contract and they approached the opposite p...
Khairati Vs. Divisional Commissioner and ors.
Court: Allahabad
Decided on: Jan-24-2003
Reported in: AIR2003All238; 2003(1)AWC775
R.H. Zaidi, J.1. Heard learned counsel for the petitioner and learned standing counsel. 2. 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 thenature of certiorari quashing the orders dated 15.7.1997, 4.9.1997, passed by the District Magistrate, Meerut and the order dated 30.3.1998, passed by the Commissioner, Meerut Division, Meerut, acting as the appellate authority under the U. P. Minor Minerals (Concession) Rules, 1963 (for short 'the Rules'). Prayers for a direction in the nature of mandamus commanding the respondents not to realize the amount in question in pursuance of the order dated 15.7.1997 passed by the District Magistrate, to refund the amount deposited by the petitioner in excess what was actually due with Interest or alternatively to demarcate and survey the land in dispute and permit the petitioner to excavate sand from the land in dispute for a further period of three years at...
Smt. Bhoori Vs. Additional Sub-divisional Officer, Election Tribunal a ...
Court: Allahabad
Decided on: Jan-24-2003
Reported in: 2003(2)AWC857; (2003)2UPLBEC1035
Sunil Ambwani, J.1. Heard Sri N. K. Pandey for petitioner and Sri K. A. Ansari for contesting respondent No. 2.2. This writ petition has been filed against the order dated 12.9.2002 passed by the Election Tribunal/Additional Sub-Divisional Officer, Amroha, by which he has returned findings, partly accepting issue No. 1 with regard to deletion of certain paragraphs and has returned issue Nos. 3 and 4 in favour of election petitioner, and has deferred the hearing for deciding issue with regard to maintainability of the election petition.3. The facts of this case are that the petitioner was returned as elected Pradhan of Gram Panchayat Hatauwa, Block Joya, district Jyotiba Phulenagar. Respondent No. 2, Smt. Bano, filed an Election Petition challenging her election. The first Writ Petition No. 54485 of 2000 filed by the petitioner was dismissed by this Court on 18.12.2000 against the order passed by the Tribunal directing petitioner to file written statement, with a finding that the writ p...
Mohd. Waseem Vs. Masaud Aktar and anr.
Court: Allahabad
Decided on: Jan-24-2003
Reported in: 2003(2)AWC1380; (2003)1UPLBEC672
ORDERRakesh Tiwari, J.1. The petitioner had applied for loan from the U. P. Alp Sankhayak Vittiya Avam Vikash Nigam, Lucknow and was sanctioned a sum of Rs. 46,250. The loan was to be repaid in quarterly instalment of Rs. 2,738. He deposited only one instalment on 23.6.1997. When he did not deposit the instalment in time according to the terms and conditions of loan, he was taken into custody by the Tehsil authorities and put in lockup.2. The petitioner filed Writ Petition No. 39691 of 2002 praying that some time be allowed to him to deposit the balance amount of Rs. 73,210 i.e., (loan plus interest) as contained in Annexure-7 to the writ petition, which could not be deposited by him due to poverty and being under treatment. The petition wasdisposed of by an order/judgment dated 26.9.2002 granting stay of recovery for a period of 3 months. It was further directed that during this period, the petitioner must pay the amount in question. If he does so, no recovery charges will be realized...
Ran Vijay Chandra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-24-2003
Reported in: 2003(2)AWC1385
Sudhir Narain, J.1. The petitioner seeks to quash the order dated 14.11.2002 passed by the Registrar, Co-operative Societies, U.P., Lucknow, respondent No. 2, holding that the petitioner is not entitled to continue on the post of Chairman of District Cooperative Bank, Gorakhpur (in short the 'Bank') on the ground that he was involved in an offence involving moral turpitude.2. The brief facts are that the petitioner was elected as Chairman of the District Co-operative Bank, Gorakhpur in the year 1999. He was convicted in Sessions Trial No. 225 of 1995 and the Sessions Judge convicted him under Section 302 read with Section 149 Indian Penal Code and awarded him sentence of life imprisonment on 7th July, 2000. The petitioner preferred Criminal Appeal No. 609 of 2000, against the said order. In the appeal, this Court has granted him bail and the execution of sentence has been suspended.3. Respondent No. 5 was also one of the Directors of the Bank, it is alleged that he submitted resignatio...
Sabir S/O JamaluddIn Vs. Additional District Judge, Court No. 4 and or ...
Court: Allahabad
Decided on: Jan-24-2003
Reported in: AIR2003All182
ORDERSunil Ambwani, J.1. Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Krishna Murari for petitioner and Sri R.B, Singhal as well as learned standing counsel for respondents. With the consent of parties, the matter was finally heard on 31-10-2002 and judgment was reserved. Interim order dated 9-9-2002 was directed to continue till the date of delivery of judgment.2. Brief facts, giving rise to this writ petition, are that the election for Chairman of Nagar Palika Parishad, Jahangirabad, Tehsil Anoop Shahar, district Bulandshahr, was held on 23-11-2000 along with election of members of Parishad. Petitioner arid respondents 2 to 5 were the contesting candidates. Counting took place on 25-11-2000. after which petitioner Sabir was declared elected, having secured highest number of votes 7418 while respondent No. 2 Amrish secured 7387 votes, respondent No. 3 Surajbhan secured 6482 votes; respondent No. 4 Himachal secured 3961 votes and respondent No. 5 secured 347 votes. Apart fro...
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