Allahabad Court October 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Khaliquz-zaman Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-27-2004
Reported in: 2005(1)AWC696; (2005)2UPLBEC1200
M. Katju, A.C.J. 1. This writ petition has been filed for a writ of certiorari to quash the election of Vice President of Nagar Palika Parishad, Amroha, J. P. Nagar held on 22.8.2004 in pursuance of the notification dated 26.7.2004, Annexure-1 to the writ petition. It has also been prayed that Section 54 of the U. P. Municipalities Act, 1916, be declared ultra vires Article 243R of the Constitution which was introduced by the 74th Constitutional Amendment.2. We have heard the learned counsel for the parties.3. A counter-affidavit has been filed in this case on behalf of the State Government. An affidavit of service has also been filed by the petitioner stating that the petitioner went to serve respondent No. 5 on 3.9.2004 in presence of witnesses but the respondent No. 5 refused to accept the notice. The petitioner then sent notice to respondent No. 5 through registered post and the notice was also pasted on the door of the respondent No. 5 and was published in the Hindi newspapers 'Sw...
Committee of Management, Panchayat Raj Inter College and anr. Vs. Stat ...
Court: Allahabad
Decided on: Oct-27-2004
Reported in: (2005)1UPLBEC1031
Arun Tandon, J.1. Heard Sri Prabhakar Awasthi on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 5 and Sri V.K. Dixit on the behalf of the caveator.2. Panchayat Raj Inter College, Bada Gaon, Shahjahanpur is an added and recognized institution under the provisions of the Intermediate Education Act. The provisions of the said Act as well as those of U.P. High Schools and Intermediate Colleges (Teachers and other Employees) (Payment of Salary) Act, 1971 are fully applicable to the teachers and employees of the said institution. The institution is run and managed in accordance with the approved Scheme of Administration.3. It is not in dispute that last recognized elections of the Committee of Management had taken place on 26th February, 2001. The said elections were duly recognized by the educational authorities vide order dated 8th March, 2001 Under Clause 8 of the Scheme of Administration, the term of the elected Committee of Management has been provi...
Rajeshwari (Smt.) Vs. Smt. Prema Agarwal
Court: Allahabad
Decided on: Oct-27-2004
Reported in: 2005(1)ARC526
S.U. Khan, J.1. This is tenant's writ petition arising out of proceedings for eviction/release initiated by landlady-respondent against her on the ground of bona fide need under Section 21 of U.P. Rent Control Act, U.P.R.C. Act, in short (U.P. Act No. 13 of 1972). The accommodation in dispute consists of one shop and two residential rooms (or one big room divided by a wall into two portions) at the back of the shop on the ground floor. In between the shop and the rooms in which tenant's family is residing there is another room in tenancy of another tenant Ashok Sharma on behalf of landlady-respondent. On the ground floor there is some more accommodation which is/was in tenancy occupation of other tenants on behalf of the landlady-respondent. On first and second floor landlady resides with her family members. Annexure RA-1 to the rejoinder-affidavit is the map of the ground floor accommodation of the building including accommodation in dispute. During arguments it was asserted by learne...
Munna Lal Agarwal Vs. Rent Control and Eviction Officer/City Magistrat ...
Court: Allahabad
Decided on: Oct-27-2004
Reported in: 2005(1)ARC144; 2005(2)AWC1647
S.U. Khan, J.1. This writ petition is directed against the Composite order dated 21.10.1999 Passed by R.C. and E.O./City Magistrate, Mathura in Cases No. 130, 130A 130 B all of 1999 Mool Kishore Goswami v. Munna Lal. Through the said order passed under Section 12/16 of U.P. Rent Control Act, U.P.R.C. Act ip short (U.P. Act No. 13 of 1972) the three shops in dispute have been declared vacant on the ground that they were let out by the landlord/respondent No. 2 M.K. Goswami to the petitioner tenant without allotment order in 1984-85. Through the said order the shops have also been released in favour of the respondent. Proceeding were initiated on the applications of landlord filed on 1,10.1991 (Annexure -V). Earlier also vacancy was declared of the shops in dispute on 23.11.1994 against which a writ petition numbered as Writ Petition No. 39088 of 1994 was filed in this Court. In the said writ petition through interim stay order only dispossession of the petitioner tenant was stayed and f...
Commissioner of Wealth Tax Vs. Shri J.K. Srivastava
Court: Allahabad
Decided on: Oct-27-2004
Reported in: (2006)202CTR(All)520; [2006]280ITR470(All)
Prakash Krishna, J.1. These are three Wealth Tax References under Section 27 of the Wealth Tax Act (here-in-after referred to as the Act). The following identical question of law has been referred by the Income Tax Appellate Tribunal on the direction of this Court for various assessment years for opinion of this Court:'Whether in the facts and circumstances of the case the Appellate Tribunal was in error in holding that the assessee was not liable to Wealth Tax on the value of interest in the association of persons?' 2. In W.T.R. No. 193 of 1985 the assessment years 1969-70 to 1976-77 are involved The assessment year 1967-68 is involved in WTR No. 194 of 1985. The assessment years 1974-75 and 1975-76 are involved in WTR No. 2 of 1986:3. Since common question of law is involved in respect for different assessment years, all these matters were heard together and are being disposed of by a common judgment.4. The facts giving rise to the present references are that the respondent. J.K. Sri...
Anil Bulk Carriers (P) Ltd. Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Oct-26-2004
Reported in: (2005)194CTR(All)226; [2005]276ITR625(All)
Prakash Krishna, J.1. This appeal was admitted by this Court on 6th Aug., 2001, on the basis of substantial questions of law, as referred to in the ground Nos. (d) and (f) in the memo of appeal. They are reproduced below :(1) Because the learned Tribunal was duty-bound to raise a presumption under the provisions of Section 114 of the Evidence Act concerning regular performance of judicial and official acts ?(2) Because the facts determined and found in the judicial order of C.M.M., Kanpur, to the effect that the tankers were being used on 31st March, 1997, without permit were binding on the IT authorities and, in any case, finding therein cannot be upset without reliable evidence and merely on conjectures and surmises.2. The assessee is a private limited company. It is engaged in the transport of oil business. The dispute relates to the asst, yr. 1997-98. It claimed depreciation of two oil tankers bearing registration Nos. UP-78-N/6916 and UP-78-N/6917. These tankers were purchased by ...
Jogendra Alias Dujendra and anr. Vs. State
Court: Allahabad
Decided on: Oct-26-2004
Reported in: 2005CriLJ1400
ORDERUmeshwar Pandey, J.1. In this criminal revision the accused revisionist has challenged the impugned judgment and order dated 27-11-1984 passed by the learned Addl. Sessions Judge, Ghaziabad.2. The background of the case is that the appellants were named in the F.I.R. lodged by the complainant-Dhanpal stating that while he was coming from the cattle market of Shahjahanpur to his village, he was having a sum of Rs. 1500/- with him, which he had taken for purchasing buffalo. As the buffalo of his choice was not available in the market, he was having the cash with him and he was accompanied by the accused appellant Jogendra who met him in the way. Later on when he left the bus and was coming to his village in the company of Jogendra, the other accused-appellant Devi Saran with another person met him near village Kuti. All were proceeding on foot and at about 8.00 p.m., Jogendra took out his revolver and fired in order to terrorize the complainant Dhanpal. It was a place in the mid of ...
MoinuddIn Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Oct-26-2004
Reported in: 2005(1)ESC572
B.S. Chauhan, J.1. Facts and circumstances giving rise to this special appeal are that the appellant had been working as a Senior Accounts Clerk in National Cadet Corps Office at Mathura and had been working there since 1967. On 13.7.2002, at about 6 p.m. Police levelled allegation under Section 3/9, Indian Official Secret Act, being Case Crime No. 212 of 2002, P.S. Sadar Bazar, District Mathura and made accused in the aforesaid commission of the crime. A photostat copy of the map of certain other co-accused filed the revision petition before this Court and further proceedings in the criminal case have been stayed vide order dated 19.8.2004. While entertaining the Revision No. 3383 of 2004, Moinuddin v. State of U.P. and Ors. On the same charges, petitioner stood suspended vide order dated 9.8.2002 and vide order dated 23.8.2004, petitioner had been dismissed from service without affording any opportunity to defend. Being aggrieved, petitioner appellant filed the writ petition which ha...
Shobha Ram Vs. Raj Dutt
Court: Allahabad
Decided on: Oct-26-2004
Reported in: 2005(2)AWC1839
N.K. Mehrotra, J.1. This is second appeal under Section 100 of the Code of Civil Procedure against the judgment and order dated 12.11.1982, passed by District Judge, Gonda in Civil Appeal No. 128 of 1982, Raj Dutt v. Shobha Ram allowing the appeal and setting aside the judgment and decree dated 5.5.1982 passed by Munsif, Gonda in Regular Suit No. 454/1981, Raj Dutt v. Shobha Ram.2. I have heard Shri Mohd. Afzal holding brief of Shri Z. Zilani for the appellant and Shri N.N. Jaiswal for the respondent.3. It appears that the plaintiff-respondent filed a suit for injunction over the land shown by letters ^^v c l n** known as bamboo clumps for restraining the defendant from interfering in the possession of the plaintiff. The case of the plaintiff was that the disputed land has been in his use and possession and the bamboo clumps was raised by his ancestor over the disputed land. The sahan of the house of the defendant is in the west of his house while the disputed land is in the back of hi...
Smt. Yashoda Devi and ors. Vs. Collector and ors.
Court: Allahabad
Decided on: Oct-26-2004
Reported in: 2005(2)AWC2377
Pradeep Kant and Rajiv Sharma, JJ.1. Heard Sri S.K. Mehrotra, counsel for the petitioners and Sri Pramod Kumar, counsel for the State. The petitioners have challenged the Government orders and the notification referred to in the endorsement, vide Annexures-8 and 9 made in the khatauni relating to 1402-1407 fasli referred to above after requisitioning the relevant records from the Collector. Further, a prayer has been made that the respondents be restrained from making any construction over the plot in question and not to interfere with possession and use of the plot of the petitioners.2. The dispute relates to plot No. 739 measuring 3.94 hectares (old No. 439). According to the petitioners the plot No. 739 has not been declared as vested in Gaon Sabha and it has always been In the ownership of the petitioners and, therefore, the same could not have been resumed by the Collector under the impugned order or notification. Further his pleadings are that neither any notification under Secti...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »