Allahabad Court October 2003 Judgments
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Babu Lal Vs. Smt. Jamuna Devi and ors.
Court: Allahabad
Decided on: Oct-24-2003
Reported in: 2004(1)AWC214
S.U. Khan, J.1. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlady respondent No. 1 under Section 21 of U.P. Act No. 13 of 1972 against the petitioner.2. Property in dispute is a shop. The landlady initially pleaded that after the death of her husband (which occurred about 9 years before the filing of the release application), her three sons respondent opposite parties Nos. 2 to 4 did not look after her properly, hence she needed the shop in dispute to start business of selling sundry goods (purchune shop). In release application it was pointed out that other commercial accommodation were available to the tenant and were in his occupation and use.3. The release application being Rent Case No. 1 of 1989 was dismissed by IVth Additional Chief Metropolitan Magistrate, Kanpur Nagar/Prescribed Authority, through judgment and order dated 26.11.1996. The prescribed authority held the need not to be bonafide. The prescribed authority refused to dec...
Dawan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-24-2003
Reported in: 2004(1)AWC266; (2004)1UPLBEC177
Sunil Ambwani, J. 1. Heard Sri R. N. Singh for petitioner and Sri S. K. Garg, learned standing counsel.2. Briefly stated the facts giving rise to this case are that petitioner was appointed as village level worker in department of planning at Deoria on 22.5.1961. He was posted as Village Development Officer at Block Dudahi District Deoria in 1976. He was transferred to Azamgarh in the year 1976 and took charge from Shri Raghunath Rai at Block Tahbarpur, district Azamgarh on 26.6.1976. It is alleged that a false report was lodged against him on the same day by Sri Ram Kathin Singh, Block Development Officer with allegations that petitioner has misappropriated Rs. 4,048.51, under Section 409, I.P.C. at P.S. Ahraula, district Azamgarh. Thereafter petitioner was not allowed to work. He made several representations for payment of salary and for allowing him to work to the higher authorities without any result. As he was on the verge of starvation, he left the station and went to his village...
Ram Briksha Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-24-2003
Reported in: 2004(1)AWC645
Sunil Ambwani, J.1. Petitioners were recruited as Constables and Head Constables in U.P. Police and Provincial Armed Constabulary of Uttar Pradesh. On 21/22.5.1973, some police personnels serving in Provincial Armed Constabulary (P.A.C.) took part in subversive activities which was then called as P.A.C. Revolt of 1973. The persons involved were charged under Sections 147, 148, 302/149, 324/149, 326/149. 379, 120B, 409 and 427. I.P.C. and Section 7 (C) of U.P.P.A.C. Act, 1948. They were tried and convicted by Sessions Judge, Varanasi. A Criminal Appeal No. 2823 of 1976 and other connected criminal appeals were filed in which by judgment dated 21.12.1992, conviction of 76 appellants was set aside. Special Leave Petition No. 1908-72 of 1994 were dismissed by Supreme Court on the ground that the occurrence took place more than two decades ago.2. The services of these police personnels were terminated under Article 311(2) of the Constitution of India, which provides for dismissal or removal...
Girish Chandra Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-24-2003
Reported in: (2004)1UPLBEC310
Sunil Ambawani, J.1. A final seniority list of Excise Inspectors of the U.P. Excise Department dated 20.6.2003 is under challenge in all these writ petitions. These parties can be classified into six groups. Writ Petition No. 31185 of 2003 between Ravindra Kumar Nigam v. State of U.P. is filed by Excise Inspector appointed by direct recruitment to the post in 1994. (First Group) Writ Petition No. 26863 of 2003 between Promod Dhawan and two Ors. v. State of U.P., Writ Petition No. 26936 of 1993; between Hart Lal v. State of U.P., Writ Petition No. 32548 of 2003 between Rajesh Kumar Tandon v. State of U.P. No. 32548 of 2003 between Suresh Kumar Tandon v. State of U.P, and No. 28444 of 2003 between Arun Kumar Saxena v. State of U.P. have been filed by Sub-Inspectors in State Excise Department who were promoted as Excise Inspector on 17.11.1992. (Second Group) Writ Petition No. 26937 of 2003 between Girja Shankar Singh and two Ors. v. State of UP., has been filed by Excise Inspectors who w...
itc Limited Vs. Cc (Appeals) and Ce and ors.
Court: Allahabad
Decided on: Oct-23-2003
Reported in: 2004(91)ECC333; 2005(184)ELT347(All)
B.S. Chauhan, J. 1. This writ petition has been filed for quashing the order dated 8.10.2003 passed by the learned Commissioner (Appeals), Customs & Central Excise, Meerut, rejecting the application of the petitioner for stay/waiver of pre-deposit of the amount demanded by the Assessing Authority during the pendency of the appeal, to the tune of Rs. 1,60,93,806 and in case the said amount is not deposited within 15 days of the receipt of the said order, the appeal would stand dismissed without further reference to the Appellate Authority.2. Facts and circumstances giving rise to this case are that petitioner was served with a show cause notice dated 25.6.1998 issued by the Assistant Commissioner, Central Excise, Saharanpur to show cause why the profit margin percentage as detailed therein be not increased to arrive at the assessable value of 'Slides and Inner Frames' used by the Company during the course of packing of cigarette sticks, for the assessment years 1986-87 to 1996-97. Petit...
State of U.P. Vs. Kalu
Court: Allahabad
Decided on: Oct-23-2003
Reported in: 2004(1)AWC276
Onkareshwar Bhatt, J.1. State of U. P. has filed this appeal against the judgment and order dated 30.9.1975, passed by the then 1st Additional District Judge, Meerut in Land Acquisition Reference No. 267 of 1973.2. Sri Shreesh Chandra, learned standing counsel for the appellant and Sri K.R. Sirohi, learned counsel for the respondent have been heard.3. The Avas Evam Vikas Parishad, Lucknow, moved the State of U. P. for acquiring 25 bighas 10 biswas 1 biswansi land for construction of houses in its scheme No. 4 of Mohanpuri Bhumi Vikas Yojana, Meerut. Notification under Section 4 of the Land Acquisition Act was published on 7.1.1967. Notification under Section 6 of the Act was published on 28.3.1968. The land of respondent bearing plot No. 5271 admeasuring 593.21 sq. yards was also acquired along with the land of several others. The possession of land was taken on 3.1.1970. The Special Land Acquisition Officer gave his award on 28.3.1970. The land was divided into three belts and compens...
Lcl Jewellery Ltd. and ors. Vs. Bank of Baroda and ors.
Court: Allahabad
Decided on: Oct-23-2003
Reported in: AIR2004All138; IV(2004)BC124; [2004]53SCL97(All)
ORDERA.N. Verma, J.1. Through the instant writ petition under Article 226 of the Constitution of the India the petitioners have assailed the order dated 31-3-2003 and 30-9-2003 passed by opposite party No. 4 as contained in Annexure No. 13 and 15 of the petition. A further relief for issuance of a writ in the nature of prohibition has also been prayed for prohibiting the opposite party No. 4 not to enforce the decision (Annexure No. 13 and 15).2. The factual scenario under which the instant writ petition arises is as follows :The petitioner No. 1 which is said to be a company duly incorporated under the Companies Act, 1956 and petitioners No. 2 and 3 being its Directors, with a view to promote a project to manufacture Gold, Jewellery for domestic as well as for International Market in collaboration with M/s. Sisma SPA, Italy, approached the Bank of Baroda Narhi Branch Lucknow for financial assistance in the nature of Foreign Currency Term Loan for import of plant and machinery and for ...
Phool Chand and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-23-2003
Reported in: 2004CriLJ1904
Umeshwar Pandey, J.1. The aforesaid three Criminal Appeals and Capital Sentence Reference arise out of the impugned judgment and order of conviction and sentence dated 21-5-2003 rendered in Sessions Trial No. 89 of 1998 by Addl. Sessions Judge, Lalitpur. Since the judgment and order challenged in these criminal appeals is one and the same which is the subject matter of the Capital Sentence Reference made by the learned trial Judge, all the appeals and the reference are herewith, taken up together for disposal.2. The appellant accused Phool Chand stood his trial on the charges for the offences punishable under Sections 147 364 read with Sections 149 and 302 read with Section 149 I. P. C. before the Addl. Sessions Judge and he was convicted and sentenced as following :--(a) for the offence punishable under Section 147 I. P. C. he was sentenced to imprisonment for the period already spent by him in the lockup;(b) for the offence punishable under Section 364 read with Section 149 I. P. C. ...
State of U.P. Vs. Suraj Singh Yadav and anr.
Court: Allahabad
Decided on: Oct-23-2003
Reported in: 2004CriLJ2132
M. C. Jain, J.1. The State has come up in appeal against the judgment of acquittal dated 3-9-1997 passed by Sri Sardar Akhtar, the then Addl. Sessions Judge/Special Judge (E.C. Act), Mainpuri in Sessions Trial No. 169 of 1993. The two accused-respondents-Suraj Singh and his wife Smt. Kapoori Devi were tried for an offence under S. 302, I.P.C. read with S. 34, I.P.C. for the murder of one Jagat Singh.2. The incident had taken place on 23-9-1992 at about 12.20 p.m. at the house of the deceased-Jagat Singh and the accused persons situated in village Chhibkaria, P.S. Bhongaon, District Mainpuri. The report was lodged on 23-9-1992 at 1.45 p.m. by the eyewitness Jaivir Singh P.W. 1 (nephew of the deceased). The accused-respondents are also close relatives of the deceased. Suraj Singh is son of Ram Sahai Yadav who was real brother of the father of the deceased. Suraj Singh was a Police Constable and was posted at Aligarh. He was in shadow duty of an Ex. M.L.A. On the day of incident, he was g...
Anupam Sushil Garg Vs. Commissioner of Income Tax and anr.
Court: Allahabad
Decided on: Oct-22-2003
Reported in: (2003)185CTR(All)505; [2004]265ITR474(All)
B.S. Chauhan, J. :1. This appeal under the provisions of Section 260A of the IT Act, 1961 (hereinafter called the Act) has been filed time-barred. There is a delay of 29 days. For the reasons mentioned in the affidavit and after hearing Shri Mahajan learned counsel for the Revenue, we are satisfied that the application for condonation of delay in filing the appeal deserves to be allowed and the delay is condoned.2. This appeal has been filed against the order dt. 26th Feb., 2003, passed by the Tribunal, Delhi Bench 'E', Delhi in Misc. Appeal No. 349/BK/2002, for the asst. yr. 1994-95.3. Facts and circumstances giving rise to this case are that an assessment for the year 1994-95, was made by the assessing authority showing his agricultural income for the year 1994-95 as Rs. 36,04,821. The assessing authority after considering the record estimated the agricultural income of the appellant at Rs. 5 lacs and held that the balance amount to the tune of Rs. 3,14,821 was from undisclosed sourc...
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