Allahabad Court July 2003 Judgments
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U.P. Rajya Sahkari Krishi Evam Gramya Vikas Bank Ltd. and anr. Vs. Lab ...
Court: Allahabad
Decided on: Jul-24-2003
Reported in: 2003(4)AWC2853
Anjani Kumar, J.1. The employer, a Co-operative Society, registered under the provisions of the U. P. Cooperative Societies Act, has challenged the award of the labour court, Ghaziabad, dated 8th January, 1997 in Adjudication Case No. 19 of 1993.2. The following dispute was referred for adjudication to the labour court :^^D;k lsok;kstdksa }kjk viuhefgyk Jfed Jherh lq/kk xqIrk iRuh Jh ,l- ds- xqIrk in DydZ&VkbfiLV; dksfnukad 1-1-1989 ls dk;Z ls i`Fkd@oafpr fd;ktkuk mfpr rFkk oS/kkfud gS ;fn ughaa rks lEcfU/kr efgyk Jfed D;k ykHk@vuqrks'k fjyhQ ikus dh vf/kdkfj.kh gS rFkk vU; fdl fooj.k lfgr ** 3. The parties have exchanged their pleadings and adduced the evidence. The workman concerned has set up the case that she has been working with the employer with effect from 16th November, 1984 till 30th June, 1985 and thereafter from 25th August, 1987 till 31st December, 1988 as Typist and her services were terminated without assigning any reason on 1st January, 1989. No enquiry, whatsoever, has...
Meerut Textiles Vs. Presiding Officer, Labour Court and ors.
Court: Allahabad
Decided on: Jul-24-2003
Reported in: 2003(4)AWC3350
D. P. Singh, J.1. Heard learned counsel for the parties.2. This writ petition is primarily directed against an award of the labour court dated 8th March, 1982 and also consequential recovery initiated on the strength of the impugned award.3. The respondent workman was an employee of the petitioner's establishment, whose services were terminated on 8th November, 1979. This led to a reference under Section 4K of the U. P. Industrial Disputes Act. Before the labour court in spite of sufficient notices and opportunity, the petitioner did not file its written statement or the rebuttal. The labour court on consideration of the allegations and the evidence on the record found that the termination was against the provisions of the Act and thus ordered reinstatement with full back wages.4. The counsel for the petitioner has urged that the petitioner's establishment was earlier a partnership firm owned by Sri Shiv Bhagwan Vyas and Mohammad Yasin Ansari, who by a registered sale deed dated 7th Ap...
Hind Lamps Limited Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-24-2003
Reported in: [2004]136STC483(All)
Prakash Krishna, J.1. The question involved in the present revision is whether the dealer was not entitled under the U.P. Sales Tax Act, 1948 for the adjustment made by it while depositing tax for the months of April, May and August, 1977, out of excess amount of tax deposited by it during the assessment years 1968-69 to 1971-72, which assessment were set aside in appeal and were remanded.2. The factual scenario, which is almost undisputed, is that the applicant made adjustment of admitted tax in the months of April, May and August 1977, out of the excess amount of tax deposited by it for the earlier assessment years.3. Against the assessment orders for the assessment years 1969-70 to 1971-72 the applicant filed various appeals before the Assistant Commissioner (Judicial), Sales Tax. The appeals were allowed and the matter was remanded for reconsideration by the assessing authority. The applicant had to deposit following amounts in respect of following assessment years which became due...
Committee of Management of Dhata Inter College Vs. Mandaliya Samiti (C ...
Court: Allahabad
Decided on: Jul-24-2003
Reported in: (2003)3UPLBEC2268
S.P. Srivastava, J. 1. Heard the learned Counsel for the appellant. The learned Counsel representing the petitioner-respondent Balbeer Singh has also been heard apart from the learned Standing Counsel representing the remaining respondents.2. Perused the record.3. This Special Appeal is directed against as interlocutory order passed by the learned Single Judge in a Writ Petition which is still awaiting admission.4. The petitioner-respondent No. 3 had filed the writ petition giving rise to this appeal, praying for the quashing of the order dated 30.10.2002, whereby the Regional Committee had recommended for the recognition of the Committee of Management with Sri Dhan Raj Singh as its Manager and attestation of his signatures. The entire proceedings regarding the election held on 20.10.2002 for electing the office bearers of the Committee of Management had been challenged before the Regional Committee.5. Apart from the aforesaid relief, another relief which had been claimed was for issui...
New India Assurance Co. Ltd. Vs. Tirath Raj and anr.
Court: Allahabad
Decided on: Jul-24-2003
Reported in: II(2004)ACC490; 2005ACJ1272
K.N. Ojha, J.1. Heard learned counsel for the insurer appellant.2. The appellant feels aggrieved by the award of Motor Accidents Claims Tribunal determining an amount of Rs. 1,60,000 (rupees one lakh sixty thousand) to which the injured Tirath Raj was found entitled on account of injury caused to him in an accident involving the offending motor vehicle, a truck bearing registration No. MKD 9250 which was insured with the present appellant covering the risk.3. The claim petition has been filed by the victim Tirath Raj with the allegation that on 13.9.1997 he was driving truck No. MP 15-D 3637. He was on the way to Indore. When he reached within the territory of Police Station, Bhaurasa Urnia, District Dewas, truck No. MKD 9250 came rashly and negligently from the opposite direction and dashed it as a result of which the driver Tirath sustained injuries. His left leg was damaged and right leg was crushed in pieces. His medical treatment was going on in Indore and ultimately in Swarup Ran...
Commissioner of Sales Tax Vs. Ram Udyog
Court: Allahabad
Decided on: Jul-23-2003
Reported in: [2006]143STC229(All)
Prakash Krishna, J.1. This revision is directed against the order dated October 19, 1991 passed by the Sales Tax Tribunal, Gorakhpur, directing the assessing officer to amend the recognition certificate granted to dealer on April 24, 1990 and include therein polythene/endothene granules and H.N./H.D.P.E. granules.2. The opposite party is a registered dealer and carrying on the business of manufacture and sales of laminated jute bags. The recognition certificate for purchase of raw material at concessional rate was granted to the opposite party. Subsequently, the opposite party filed an application to include in the recognition certificate the purchase of polythene/endothene granules to enable it to purchase these goods as raw material at concessional rate of tax to manufacture laminated jute bags. Before the assessing authority it was submitted that the granules are necessary for the purpose of manufacturing polythene sheets to be used in the manufacture of laminated bags. The assessin...
Chief of the Army Staff and ors. Vs. Daya Shanker Tiwari
Court: Allahabad
Decided on: Jul-22-2003
Reported in: 2003(4)AWC2824
B.S. Chauhan, J.1. This special appeal has been preferred against the judgment and order of the learned single Judge dated 5.3.2002, by which the writ petition of the respondent-petitioner has been allowed.2. Shri Shishir Kumar, learned counsel for the petitioner has submitted that the writ petition was not maintainable as Union of India has not been impleaded as respondent. Submitting that even if respondent-petitioner wants to execute the judgment and order passed by the learned single Judge, as Union of India had not been the party, it can refuse to accept it.3. The respondent-petitioner in person submitted that the appellant respondents have not raised this issue before the learned single Judge, therefore, it cannot be permitted to be raised. Non-joinder of a party is not fatal and Union of India is not a necessary party, therefore, the objection raised on behalf of the appellants is not worth substance.4. We have considered the rival submissions made by learned counsel for the par...
Ugrasen Vs. Ghaziabad Development Authority and ors.
Court: Allahabad
Decided on: Jul-22-2003
Reported in: (2003)3UPLBEC2049
M. Katju, J.1. This Writ Petition has been filed for quashing the impugned order dated 27.3.1989 (Annexure-1 to the petition) and for a mandamus directing the respondent Nos. 1 and 2 not to execute the lease deed in respect of the plots in dispute in favour of the respondent No. 3.2. We have heard learned Counsel for the parties.3. By the impugned order dated 27.3.1989, the Ghaziabad Development Authority (G.D.A.) has allotted the plots in question in favour of the respondent No. 3 vide Annexure-1.4. The background of this case is that in 1962 a notification under Section 4 of the Land Acquisition Act was issued for acquiring the land for the purposes of planned development in Ghaziabad. Thereafter, on 24.5.1965 a notification under Section 6 of the Land Acquisition Act was also issued and the land acquisition proceeding became final.5. In Para 4 of the petition, it is stated that the State Government has laid down a broad policy according to which the land falling within Ghaziabad Mun...
Bhagwant Prasad Arya Vs. State of Uttar Pradesh Through Its Secretary, ...
Court: Allahabad
Decided on: Jul-22-2003
Reported in: (2003)3UPLBEC1956
D.R. Chaudhary, J.1. The petitioner, Bhagwant Prasad Arya, was awarded minor penalty of 'censure' vide order dated 28.3.1989/30.3.1989 (Annexure-3) passed by the Superintendent of Police, Jaunpur (for short S.P.); his representation/appeal against the order aforesaid was dismissed vide order dated 8.2.1990- (Annexure-4) passed by the Deputy Inspector General of Police, Varanasi (for short D.I.G.); further by order dated 27.11.1987 passed by S.P., Jaunpur a penalty of 'Censure' was imposed; his representation/appeal has been rejected by D.I.G., Varanasi. By the aforesaid orders the petitioner has been awarded adverse entries of 'Censure' for the years 1986 and 1987 which is under challenge in the writ petition.2. The facts emerging out of the pleadings, in brief, are that the petitioner is a confirmed Sub-Inspector of Police (Civil) and has completed ten years of service as such without flaw; he was posted as S.O. incharge of police station Deenapur, district Varanasi on 4.2.86 where he...
Girish Mishra Vs. Asstt. Cit
Court: Allahabad
Decided on: Jul-22-2003
Reported in: (2004)91TTJ(All)643
ORDERBravnesh Saini J.M.ITA No, 436 of 1995 by the assessee is directed against the order of the Commissioner (Appeals), Varanasi, dated 21-12-1994, for the assessment year 1991-92. ITA No. 738 of 1998 by the revenue is directed against the order of the Commissioner (Appeals), Varanasi, dated 16-1-1998 for the assessment year 1992-93.2. One of the issues in the assessee's appeal is connected with the departmental appeal, therefore, both were heard together and we dispose of the same by this common order.ITA No. 436 of 1995 :3. This appeal by the assessee is filed on six grounds of appeal. However, we take all the grounds separately for the purpose of disposal of this appeal.Ground Nos. 1 & 3:'1. Because the Courts below erred in sustaining addition of Rs. 1,55,000 as unexplained deposits whereas the parties have trade account with the applicant and they have debit balance with us. The applicant had to credit the amount in the respective party account but it was separately credited to t...
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