Allahabad Court September 2003 Judgments
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Ram Nagar Allottees Association and ors. Vs. Lucknow Development Autho ...
Court: Allahabad
Decided on: Sep-12-2003
Reported in: 2004(2)AWC1770
Tarun Chatterjee, C.J.1. The writ petitioner Nos. 2 to 8 who are members of an unregistered society, have been allotted house by the Lucknow Development Authority (for short 'L.D.A.') under Ram Nagar Housing Scheme, Lucknow. An advertisement was published in the news paper on 24th January, 1984 inviting applications for providing a house at a cost of Rs. 50,000. The advertisement disclosed that plot area of each house shall be 115.5 sq. metre, and plinth area 47 sq. metre with a provision for construction of one additional room in future. It was also mentioned that the preference shall be given to those, who would like to have houses in Self-Financing Scheme. Pursuant to the aforesaid advertisement, the writ petitioners applied for registration after depositing a sum of Rs. 5,000 in the Bank. The writ petitioners thereafter found that the L.D.A. unilaterally and arbitrarily reduced the plot area to 73.92 sq. metre and plinth area to 32.9 sq. metre from plot area 115.5 sq. metre and pli...
Alok Kumar Dixit Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Sep-12-2003
Reported in: (2004)1UPLBEC192
Ashok Bhushan, J.1. Heard Counsel for the petitioner and the learned Standing Counsel. Counter and rejoinder-affidavits have been exchanged, with the consent of the parties, the writ petition is being finally decided.2. By this writ petition, the petitioner has prayed for quashing the order 28/29.11.2000 (Annexure-1) to the writ petition passed by District Inspector of Schools, Bulandshahar rejecting the claim of the petitioner of ad hoc appointment on the post of Lecturer(Maths). Brief facts giving rise to the writ petition are; Inter College, Surajawali, Salempur, Bulandshahr is aided and recognised Intermediate College. Principal of the Institution Shri Shekhar Saran Sharma retired on 30.6.1998, causing vacancy on the post of Principal. Senior most Teacher Nand Kishore Mittal was given ad hoc appointment as Principal. On account of ad hoc promotion of Nand Kishore Mittal, a short term vacancy arose in the lecturers grade. Advertisement was published in two daily newspaper 'Dainik Ja...
Suresh Singh (In Jail) Vs. State
Court: Allahabad
Decided on: Sep-12-2003
Reported in: 2004CriLJ2113
V.N. Singh, J.1. Criminal Appeal has been filed against the judgment and order dated 18-6-1981 passed by Sri Giri Raj Kishore, the then IIIrd Addl. District & Sessions Judge, Bareilly in S.T. No. 17 of 1980, P.S. Hafizganj, District Bareilly, by which, he held appellant guilty under Section 302, IPC and convicted and sentenced him to undergo imprisonment for life.2. Prosecution case, in brief, is that Smt. Munta Devi aged about 18 years was married to P.W. 4 Ram Asrey Singh of village Madhopur, about 21/2-3 months prior to the occurrence. Gauria ceremony of Smt. Munta Devi had not taken place. About 8 days before the occurrence, appellant Suresh Singh, who was too resident of village Madhopur and is brother-in-law of deceased Munta Devi brought Smt. Munta Devi to his house. On the date of occurrence i.e. 23-7-1979 at about sun set, after hearing the noise of fire arm several persons of the locality reached at the house of accused/appellant along with husband of Smt. Munta Devi. Smt. Mu...
Shanti Swaroop Agarwal Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Sep-12-2003
Reported in: I(2004)ACC179; 2005ACJ1501
Prakash Krishna, J.1. The present appeal arises out of dismissal of the claim petition filed by the appellant under Motor Vehicles Act, 1939. The court below has rejected the Claim Petition No. 33 of 1981 on the finding that the appellant has failed to prove that the vehicle was being driven rashly and negligently and the appellant was injured as a result thereof. The other issues have been decided in favour of the appellant.2. The facts of the case lie in narrow compass. Claimant on 4.2.1981 reached Hathras Roadways Bus Stand by travelling through Roadways bus. Claimant stepped down from the bus. The Roadways workshop and the Roadways bus stand are separated by a wall. The separating wall fell down suddenly and it caused compound fracture on the left leg of the claimant. A claim petition giving rise to the present appeal was filed. The said claim petition was contested by the respondents on the allegations that bus No. URB 231 was standing in the workshop at a slopy place in gears for...
Kamla Trust Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Sep-12-2003
Reported in: [2006]146STC462(All)
Rajes Kumar, J.1. This is a revision Under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') against the order of Tribunal dated September 27, 1991 for the assessment year 1982-83.2. The applicant was manufacturer of rice. The paddy was raw material for the manufacturing of rice. Being the manufacturer, the applicant was holding recognition certificate Under Section 4-B of the Act. During the year under consideration, applicant had purchased paddy from registered dealer to the extent of Rs. 27,96,201.94 and from unregistered dealer to the extent of Rs. 63,51,081.79 in all for Rs. 91,47,283.73. Applicant being the recognition certificate holder Under Section 4-B of the Act has not paid any tax on the purchases of paddy. Out of paddy purchased in respect of which benefit of exemption was availed Under Section 4-B, rice was manufactured, which was sold inside the State of U.P. and had also been despatched outside the State of U.P. for sale on consignment ba...
Dr. Avinesh Kumar Agarwal Vs. Assistant Director of Income Tax (invest ...
Court: Allahabad
Decided on: Sep-11-2003
Reported in: (2003)184CTR(All)587; [2004]269ITR388(All)
M. Katju, J.1. This writ petition has been filed for a writ of prohibition restraining the Assistant Valuation Officer, Income-tax, Lucknow from submitted a valuation report in pursuance of the direction issued by the Asst, Director of Investigation (ADI) (Inv.), Moradabad under Section 131(1) and (4) of the IT Act. The petitioner has also prayed for quashing of the report of the Asstt. Valuation Officer, Lucknow and for a prohibition retaining the ADI (Inv.), Moradabad from taking any action against the petitioner in pursuance of the said valuation report.2. Heard learned counsel for the parties.3. The petitioner is an individual and is a doctor by profession practising at Bijnor. In para 2 of the writ petition it is alleged that in the asst. yr. 1990-91 the petitioner made an investment of Rs. 65,700 and in the asst. yr. 1991-92 of Rs. 1,77,000. It is alleged in para. 3 of the writ petition that the petitioner duly showed the investment in the P&L; a/c as well as balance sheets of th...
Abhimanyu Singh and anr. Vs. Banaras Hindu University and anr.
Court: Allahabad
Decided on: Sep-11-2003
Reported in: 2003(4)AWC3115; (2004)1UPLBEC47
B. S. Chauhan, J.1. This writ petition has been filed for issuing a direction to respondents to allow the petitioners to face the interview scheduled to be held on 12.9.2003.2. Facts and circumstances giving rise to this case are that the respondent Banaras Hindu University has issued an Advertisement No. 1/2002-03 for large number of posts in different subjects including one post of Lecturer in Physical Education. It appears that large number of persons had applied for the said post in pursuance of the said advertisement. The respondents have issued interview letters only to six persons ignoring the claims of the petitioners. Hence, this petition.3. Shri Ajit Kumar Singh, learned counsel appearing for the petitioners has submitted that in order to maintain uniformity, the respondent-University should adopt the criteria, which is prevailing in all its departments. They cannot choose the criteria for selection unreasonably and arbitrarily depriving some applicants from their rights of b...
J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority ...
Court: Allahabad
Decided on: Sep-11-2003
Reported in: AIR2004All60
ORDERAshok Bhushan, J.1. Heard Sri R. N. Singh, Senior Advocate, appearing for the petitioner and Sri Bharat Ji Agarwal, Senior Advocate assisted by Sri S. P. Kesarwani for the respondents.2. Affidavits have been exchanged between the parties and as agreed by the parties, the writ petition is being finally decided.3. By this writ petition, the petitioner has prayed for quashing the order dated 9th April, 2001 passed by Chief Controlling Revenue Authority.4. Facts giving rise to this writ petition, briefly stated, are; Oswal Foods Limited, a registered company, owned a licence dated 26th/30th July, 1996 for establishment and running of a Vacuum Pan Sugar Mill at village Gadaura/Jamui Kalan, tahsil Nichlaul, district Maharajganj, Uttar Pradesh. Oswal Foods Limited [hereinafter referred to as OFL) purchased 63.80 acres free hold land in village Gadaura, Bhagwanpur and Jamui Kalan and developed the land. The OFL entered into an agreement with M/s. R. S. Builders and Engineers Limited, Ludh...
Vijay Kumar Banerjee Vs. Arun Kumar Chakravarty and ors.
Court: Allahabad
Decided on: Sep-11-2003
Reported in: AIR2004All29
1. This appeal has been filed under Section 294 of Indian Succession Act. Vijai Kumar Banerjee, the appellant has challenged the order of Court below granting probate of will dated 11-1-1988 executed by his mother Smt. Bang Laxmi in favour of respondent No. 1 namely Arun Kumar Chakrawarti. Shri Arun Kumar Chakrawarti is sister's son of the testatrix, namely Smt, Bang Laxmi, of the will in question.2. Smt. Bang Laxmi Banerjee (hereinafter to be referred as testatrix) an aged lady died on 16th January, 1988. She was hospitalised on 22nd December, 1987. During her hospitalisation she executed the disputed will on 11th January, 1988 and expired on 16th January, 1988. The respondent No. 1 on 26th October, 1988 filed the petition for grant of probate of will dated llth January, 1988. Smt. Bang Laxmi Banerjee was survived by 8 children as mentioned in the disputed will. She bequeathed some property including a residential house and tenanted shop in favour of the respondent No. 1. By the will ...
Hanoman Prasad Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-11-2003
Reported in: 2004(2)AWC1027
A.N. Varma, J.1. Against the order dated 30.5.1997 passed by opposite party No. 5 cancelling the petitioner's licence for a fair price shop, he preferred an appeal before opposite party No. 2 on 29.5.2001. As the appeal was time barred, he also preferred an application for condonation of delay in filing the appeal along with an affidavit. The cause indicated for not coming to the Court within the time prescribed was sufficiently explained in the affidavit filed in support of the application for condonation of delay. In paragraph 5 it was averred that he had no knowledge of any meeting or order cancelling of the licence and, therefore, he could not appear and it was only through District Supply Officer's office that he came to learn that his licence was cancelled. Immediately thereafter on 29.5.2001 he preferred an appeal.2. I have heard the learned counsel for the petitioner as well as learned standing counsel and have also gone through the order dated 3.7.2003 passed by opposite party...
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