Allahabad Court October 2004 Judgments
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Bachoo Lal and ors. Vs. Vishnu Sharma (Decd.) by L.R. and ors.
Court: Allahabad
Decided on: Oct-26-2004
Reported in: 2005(2)AWC2384
N.K. Mehrotra, J.1. This is an appeal against the judgment and decree dated 15.9.1981 in Civil Appeal No. 44 of 1979 passed by IIIrd Addl, District Judge, Barabanki reversing the judgment and decree dated 28.4.1979 in Suit No. 99 of 1973 passed by Munsif, Ram Sanehi Ghat, district Barabanki.2. I have heard Shri P.N. Mathur for the appellants and Shri U. S. Sahai holding brief of Shri H. S. Sahai for the respondents.3. It appears that plaintiff Vishnu Sharma filed a suit for possession claiming that a parcel of land at about 5 ft. in width which was being used by him for passage and which had his door way may be restored to him by demolition of a wall raised by the defendants. The case of the plaintiff was that the parties to the suit belong to the same family. One Shanker Mishra was their common ancestor. Shanker Mishra had two sons Beni Deen and Ram Bharosey. Beni Deen had three sons Sita Ram, Ram Sanehi and Murli Ram. Sita Ram had died issueless. Ram Sanehi had three sons ; Surya Pra...
Premier Vinyl Flooring Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Oct-26-2004
Reported in: (2008)11VST346(All)
Rajes Kumar, J.1. These seven revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') are directed against the order of the Tribunal dated May 18,1995 relating to the months of July, 1993 (U.P. and Central), August, 1993 (U.P. and Central) September, 1993 (Central) and October, 1993 (U.P. and Central).2. The brief facts of the case are that for the aforesaid months, the applicant could not deposit the due admitted tax within the specified time and subsequently deposited the same beyond the specified time. Interest on account of the delay was also deposited. The assessing authority issued notice under Section 15A(1)(a) of the Act for levy of penalty on account of delayed deposit of the admitted tax. The applicant contended that the delay in depositing the tax was due to the financial crisis and due to late receipt of challan from the bank. It was explained that the main supply was to the U.S.S.R. and on account of the disintegration of the U.S.S...
Abdullah Vs. District Magistrate and anr.
Court: Allahabad
Decided on: Oct-25-2004
Reported in: (2005)1UPLBEC264
V.M. Sahai and Tarun Agarwala, JJ.1. The Executive Officer, Nagar Panchayat Dasna, District Ghaziabad, respondent No. 2 published a notice in the newspaper for auctioning the land of Dasna Nagar Panchayat. The petitioner participated in this auction and was the highest bidder for plot No. 1231, measuring five biswa for Rs. 6,31,469/- . On the basis of the terms and conditions of the auction, notice, the petitioner deposited l/4th of the amount, i.e. Rs. 1,60,000/- on the same date. The auction in favour of the petitioner was subsequently approved by the State Government vide its order dated 29.11.1999. It transpires, that one Sri Alok Kumar and Sanjana filed a case under Section 28 of the Land Revenue Act before the Collector, Ghaziabad with regard to the plot in question. In these proceedings, the Additional Collector (Finance and Revenue), Ghaziabad passed an interim order dated 18.7.2000 directing the parties to maintain status quo. As a result of this dispute raised by Sri Alok Kum...
Committee of Management, Sri Rameshwar Prasad Balika Higher Secondary ...
Court: Allahabad
Decided on: Oct-25-2004
Reported in: (2005)2UPLBEC1220
Arun Tandon, J. 1. Heard Sri D.S.M. Tripathi, learned Counsel for the petitioners, Sri Sudhakar Pandey, learned Counsel for the respondent No. 5 and Sri Piyush Shukla, learned Standing Counsel for the State-respondents.2. Sri Rameshwar Prasad Girls Higher Secondary School, Rasra, Ballia is an aided and recognized institution under the provisions of Intermediate Education Act. The said institution is run and managed by a Committee of Management of the society duly elected in accordance with approved scheme of administration.3. Sri Jai Prakash Singh on the basis of elections said to have taken place on 5.11.2000 in the presence of an observer appointed by the District Inspector of Schools, set up a claim for being recognized as the Manager of the Institution and for the said purpose he approached this Court by means of Civil Misc. Writ Petition No. 24654 of 2001. The writ petition so filed was allowed with a direction upon the District Inspector of Schools, Ballia to decide the represent...
Shri Nath Vs. Iiird Additional District Judge and anr.
Court: Allahabad
Decided on: Oct-25-2004
Reported in: 2005(1)ARC361
S.U. Khan, J.1. This is landlords writ petition arising out of a suit (S.C.C. Suit No. 6 of 1979) filed by him against tenant-respondent No. 2 for eviction on the ground of default and for recovery of arrears of rent J.S.C.C./Special Judge, Mathura through judgment and decree dated 6.3.1980 decreed the suit for both the reliefs. Tenant respondent No. 2 filed a revision against the said judgment and decree being Civil Revision No. 70 of 1980. Revisional Court substantially allowed the revision and set aside the decree for eviction. Landlord was declared entitled to withdraw the deposits made by the tenant. The revision was allowed on 13.8.1981. The said judgment of the Revisional Court is under challenge in the instant writ petition.2. The notice terminating the tenancy and demanding the rent given by landlord on 17.10.1978 and was served upon the tenant on 18.10.1978. In the notice rent from May 1978 till September, 1978 was demanded. In the suit rent from May 1978 till December 1978 w...
Managing Director/Regional Manager, U.P.S.R.T. Corporation and anr. Vs ...
Court: Allahabad
Decided on: Oct-25-2004
Reported in: 2005(2)AWC2380
Pradeep Kant and Rajiv Sharma, JJ.1. Heard learned counsel for the appellant Sri Mahesh Chandra and Sri R. M. Dubey for the respondents,2. Aggrieved by an award passed by the Motor Accident Claims Tribunal dated 8.5.1988, the present F. A. F. O. has been preferred by the Managing Director, U. P. State Road Transport Corporation (hereinafter referred to as the U. P. S. R. T. C.).3. The facts giving rise to the present appeal, in brief, are as follows :On 23.12.1995, Uma Shankar (deceased) was travelling in Tempo No. UP-32/A-7105 at Lucknow-Raebareli road. Near village Gaura, U. P. S. R. T. C. bus bearing number UP-78/N-795, which was coming from the opposite direction, hit the Tempo resulting into serious injuries to ten persons and death of seven persons. Uma Shankar (deceased was also one of the victims, who died on the spot, as a result of the said accident. Claimants, namely, his wife and children, filed a claim petition bearing number 119 of 1996 before the Motor Accident Claims Tr...
Ved Prakash Agrawal Vs. Nagar Palika
Court: Allahabad
Decided on: Oct-25-2004
Reported in: 2005(2)ESC1235
N.K. Mehrotra, J.1. This is second civil appeal under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 30.8.1979 passed by the Vth Additional Distinct Judge, Hardoi in Civil Appeal No. 24 of 1979 allowing the same and setting aside the judgment and decree dated 6.1.1979 passed by the IVth Additional Munsif, Hardoi in Regular Suit No. 121 of 1978.2. I have heard Shri P.L. Mishra for the appellant and Shri Anuj Kumar Srivastava, for the respondent.3. It appears that the plaintiff-respondent filed a suit for permanent injunction restraining the defendant-appellant from interfering with the rights of the plaintiff to use land shown by letters Aa, Ba, Sa, Da, Ka, Kha, in the site plan situated in Line Puram, Hardoi and measuring 1726 Sq. Feet and also restraining the defendant from re-auctioning the sale and for directing the defendant to execute the lease-deed in respect of the said land in favour of the plaintiff. The disputed plot is nazul land. It w...
Committee of Management, Shri Nehru Inter College, Patherwan and anr. ...
Court: Allahabad
Decided on: Oct-25-2004
Reported in: (2005)2UPLBEC1796
Arun Tandon, J.1. Heard Sri R.C. Dwivedi on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 3 and Sri Ratnesh Kumar Pandey on behalf of respondent No. 4.2. Lok Shiksha Parishad, Patherwa, Kushinagar is Society duly registered under the Societies Registration Act. The said Society has established an Inter College in the name and style of Sri Nehru Inter College, Patherwan, Kushinagar. The institution is recognized under the provisions of the Intermediate Education Act.3. According to petitioner, the term of the Committee of Management of the institution is 5 years. It is further contended that the elections for constituting the Committee of Management of the institution took place on 10th November, 1995, in which one Sri Sachchidanand Pathak-respondent No. 4 was elected as Manager. However, the said elections were never recognized by the educational authorities. The petitioner has referred to the minutes of the general body meeting dated 1st October,...
Cit Vs. Ram Prasad
Court: Allahabad
Decided on: Oct-25-2004
Reported in: [2005]145TAXMAN442(All)
ORDERR.K. Agrawal, J. The Income Tax Appellate Tribunal, Allahabad, has referred the following question of law under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:'Whether on the facts and in the circumstances of the case and in view of section 40(b) of the Income Tax Act, 1961, a sum of Rs. 20,318, the amount of interest paid by the firm M/s. Bhagwati Prasad Ram Swarup to the credit of the loan account of its partner Shri Ram Swarup (karta of the assessee Hindu Undivided Family) was liable to be added to the income received by the assessee from the firm?'2. Briefly stated, the facts giving rise to the present reference are as follows:The respondent-assessee is a Hindu Undivided Family and was a partner in a registered firm M/s. Bhagwati Prasad Ram Swarup, through its karta. It derived income from the property, share in the said firm and interest. For the assessment year 1978-79 a return of income was filed showing an income...
Committee of Management and anr. Vs. Regional Deputy Director of Educa ...
Court: Allahabad
Decided on: Oct-15-2004
Reported in: [2005(1)JCR67(All)]
Sunil Ambwani, J.1. This Bench has been constituted to decide the scope of the powers of the Regional Deputy Director of Education, under Section 16-A (7) of the U.P. Intermediate Education Act, 1921 (in short the Act) in deciding the disputes with regard to rival Committees of Management, claiming actual control over the affairs of the recognised and aided educational institutions.2. In Writ Petition No. 35267/1992, the Committee of Management v. Deputy Director of Education, Gorakhpur in the referring order dated 6.11.1992, a learned Single Judge was of the opinion that the Division Bench decision in Committee of Management v. Regional Deputy Director of Education, 1998 UPLBEC 402 and the decisions which have held that the Deputy Director of Education can go into the question of validity of the elections, needs to been reconsidered by a Larger Bench. In Civil Misc. Writ Petition No. 27735/1995, Committee of Management v. Regional Deputy Director of Education, Agra, the question with ...
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