Allahabad Court December 2003 Judgments
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Anglo-french Drug Co. (Eastern) Ltd. Vs. Presiding Officer, Labour Cou ...
Court: Allahabad
Decided on: Dec-10-2003
Reported in: (2004)IIILLJ324All; (2004)2UPLBEC1577
B. S. Chauhan, J.1. This is a reference made by learned single Judge vide order dated 24.8.1995 hearing the Writ Petition No. 16337 of 1987 and the following two questions have been referred for our opinion :'(1) Whether in the peculiar facts and circumstances of this case, the State, of U. P. will be the appropriate Government for making the reference in question on which the impugned award has been passed? and(2) Whether in the peculiar facts and circumstances of this case, the respondent No. 2 was correctly held to be a workman as defined under the Industrial Disputes Act, 1947?'2. Facts and circumstances giving rise to this case are that the respondent-employee, Shri R. K. Sharma was appointed by the petitioner-company as a Medical Representative vide order dated 17.10.1973 (Annexure-3) and given the area of Allahabad for its operation. His services stood terminated vide order dated 8th March, 1985 (Annexure-7) with effect from 20.3.1985. The Government of Uttar Pradesh, vide order...
Kailash Nath S/O Raghunath Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004CriLJ2129
ORDERUmeshwar Pandey, J.1. This revision under Sections 397/401 of the Code of Criminal Procedure, is directed against the Judgment and Order of the VI Additional Sessions Judge, Varanasi, dated May 22, 1986,2. At the instance of revisionist's father, the Senior Superintendent of Police, Varanasi directed the concerned police station to make inquiry in the allegations of his complaint, Thereupon, the Chaubeypur police on inquiry found that there was an apprehension of breach of peace in respect of possession over the disputed land and a report under Section 145, Cr. P. C. was submitted to the Sub-Divisional Magistrate concerned. On that report of the police, preliminary order dated 19-6-1983 was passed and the Magistrate subsequent thereto on 25-6-1983 passed order for attachment under Section 146; Cr. P. C.3. The first party Sri Ram Chaubey placed his title and possession over the disputed land through a sale deed dated 4-10-1974 executed by one Kamla Rai, the transferee of the origin...
Gulabchand Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2004CriLJ2672
ORDERUmeshwar Pandey, J.1. Revisionist Gulab Chandra has approached the Court under Section 397 read with Section 401 of the Code of Criminal Procedure (for short the 'Code') assailing the order dated 13-2-1996 passed by the II Additional Sessions Judge, Aligarh.2. The revisionist moved the Sub Divisional Magistrate concerned through application dated 11-4-1994 for initiating proceedings under Section 145 of the Code in respect of a building raised on a peace of land stating that there was likelihood of breach of peace on the dispute of possession over the building between him and the opposite party Smt. Ashok Kumari. A report from the police, on the said application was called by the Magistrate and the police in its report dated 15-6-1994 gave out that there were four rooms in the building under the residential occupation of opposite party Smt. Ashok Kumari. Gulab Chand claims to have purchased it from Satya Dev father of Smt. Ashok Kumari on 26-7-1993. On this report, the Magistrate ...
Om Prakash Vs. Hari Singh Yadav
Court: Allahabad
Decided on: Dec-10-2003
Reported in: 2005(1)ARC301
S.P. Mehrotra, J.1. The present Writ Petition has been filed under Article 226 of the Constitution of India, interalia, praying for quashing the judgment and order dated 19.9.2003 (Annexure-7 to the Writ Petition) passed by the learned Special/Additional District Judge, Saharanpur and the judgment and order dated 28.4.1998 (Annexure-6 to the Writ Petition) passed by the learned Judge, Small Cause Court, Saharanpur.2. The dispute relates to a shop bearing Municipal No. 1/868/2 Shiv Mandir Chowk, Sharda Nagar, Saharanpur, the details whereof are given in the plaint of the Suit referred to hereinafter. The said shop has hereinafter been referred to as 'the disputed shop'.3. From a perusal of the averments made in the Writ Petition and the annexures thereto, it appears that the respondent filed a Suit for eviction, arrears of rent, damages etc. against the petitioner in respect of the disputed shop. It was, interalia, stated by the respondent in the said Suit that the petitioner was the te...
Sivaya Gramodyog Sansthan Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-10-2003
Reported in: (2008)11VST742(All)
Rajes Kumar, J.1. These are three revisions filed by the applicant against the order of Tribunal dated April 10, 1992 relating to assessment years 1982-83, 1983-84 and 1984-85.The applicant was carrying on the business of manufacture and sales of Dricks. For the assessment year 1982-83, the applicant was holding a certificate from Khadi Gramodyog Commission and on the basis of certificate, the applicant had claimed exemption on the turnover of bricks. The certificate was initially granted by the U.P. Khadi Gramodyog Board, Meerut, on August 16,1982 temporarily which was valid up to February 15, 1983. The certificate was issued for manufacturing of bricks and tiles. The permanent registration was granted on March 23, 1983 which was valid up :o March 22, 1984. In this way, the applicant was holding certificate from the U.P. Khadi Gramodyog Board for the years 1982-83 and 1983-84. Tribunal has observed that the applicant was not holding certificate for the year 1984-85. The applicant had ...
Syed Mazhar HussaIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-09-2003
Reported in: 2004(2)AWC1265
S.N. Srivastava, J.1. Present petition has been instituted assailing the judgment dated 6.10.2003 passed by the Additional Commissioner (Administration). Bareilly Division. Bareilly whereby operation of the order passed by the trial court was stayed :2. The brief resume of necessary facts is that the trial court in a suit filed by the petitioner under Section 229D of the U. P. Z. A and L. R. Act for declaration of Bhumidhari rights over property comprising in Khasra No. 326 admeasuring 5-3-0 situated invillage Jagatpur Lala Begum Parganaand Tehsil Bareilly, District Bareillyinitially granted interim order dated23.7.2003 directing the parties tomaintain status quo and alsorestraining the parties not to alter thenature of the land or alienate the landin question. The aforesaid orderreceived affirmance of the trial courtvide order dated 16.9.2003 onsubsequent hearing and inconsequence, it was allowed to holdgood. Aggrieved by the order, arevision came to be filed before theAdditional Comm...
Commissioner, Sales Tax Vs. Laxmi Leather Cloth Industries Pvt. Ltd.
Court: Allahabad
Decided on: Dec-09-2003
Reported in: (2008)11VST79(All)
Rajes Kumar, J.1. These two revisions under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') filed against the order of Tribunal dated June 29, 1992 for the assessment year 1982-83 under the U.P. Sales Tax Act and under the Central Sales Tax Act, 1956.2. In the present revisions dispute relates to the taxability of the 'leather cloth.' Whether 'leather cloth' being textile is exempted from tax under the notification issued under Section 4 of the Act. Tribunal held 'leather cloth' as textile and exempted from tax. Dealer claimed leather cloth as a cotton quoted fabric on which additional excise duty has been paid.3. Tribunal observed that in the case of dealer Sales Tax Officer (A), Noida, conducted a chemical examination of the product. As per examination report dated March 24, 1992 there was 54 per cent rexine and 40 per cent cotton. The base cloth was pure cotton. Tribunal further observed that the aforesaid fact has not been disputed by the departmen...
Madan Gopal Mittal Vs. Managing Committee, D.A.V. College and ors.
Court: Allahabad
Decided on: Dec-08-2003
Reported in: 2004(1)AWC231
M. Katju and Umeshwar Pandey, JJ.1. This writ petition and Writ Petition No. 31561 of 2002 are being disposed of by a common judgment.2. Heard learned counsel for the parties.3. In Writ Petition No. 14050 of 2003 the petitioner is challenging the validity of the impugned order dated 17.3.2003 vide Annexure-19 to the writ petition by which the Secretary, D.A.V. College, Muzaffarnagar (which is a degree college) has asked (he respondent No. 3 Dr. M. S. Kasna to resume duty on the post of Principal of the College. In Writ Petition No. 31561 of 2002 the petitioner has prayed for a mandamus directing the respondents not to interfere in his functioning as officiating Principal of the aforesaid College till a regularly selected candidate joins the post of Principal.4. Thus, the short controversy involved in this case is whether the petitioner Sri Madan Gopal Mittal or the respondent No. 3 Dr. M. S. Kasna is entitled to function as Principal of D.A.V. College, Muzaffarnagar.5. Regular selectio...
Om Pal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-08-2003
Reported in: 2004(1)AWC233
ORDERM. Katju, J.1. By means of this petition the petitioner has challenged the impugned Notification dated 2.5.2003 under Section 4(1) of the Land Acquisition Act so far as it relates to acquiring plot No. 104 situate in village Malakpur, pargana Dadri, Tahsil and district Gautam Budh Nagar. A true copy of the said Notification is Annexure-4 to the writ petition. A perusal of the said Notification shows that the land is sought to be acquired for a public purpose, namely, for the planned Industrial Development in district Gautam Budh Nagar through Greater Noida. The provisions of Section 17(1) of the Land Acquisition Act have also been applied.2. A Division Bench of this Court in Manveer Singh and Anr. v. State of U.P. and Ors., 2003 (1) AWC 116 : 2003 ALJ 1209, has dismissed a similar petition. Following several Supreme Court decisions, it was held therein that acquisition for planned development is a public purpose.3. Learned counsel for the petitioner submitted that the plot in ques...
Sunil Kumar Mishra Vs. Regional Selection Committee and ors.
Court: Allahabad
Decided on: Dec-08-2003
Reported in: 2004(1)AWC620; (2004)2UPLBEC1520
R.K. Agrawal, J.1. By means of the present writ petition, the petitioner Sunil Kumar Mishra seeks the following reliefs :(a) to issue a writ, order or direction in the nature of certiorari quashing the order dated 6.3.2003, passed by the Joint Director of Education, 7th Region, Gorakhpur, respondent No. 1 filed as Annexure-1 to the writ petition and the order dated 5.3.2003, passed by the Regional Selection Committee filed as Annexure-2 to the writ petition. (b) to issue a writ, order or direction in the nature of mandamus commanding, the respondents to promote the petitioner as Lecturer in History on permanent basis.2. Briefly stated the facts giving rise to the present writ petition are as follows :'There is an institution known as Lokmanya Inter College (hereinafter referred to as the Institution), situated in Jankinagar, Seorahi, in the District of Kushinagar. It is a recognised institution and is governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter refe...
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