Allahabad Court March 2004 Judgments
Ankur Steels Kurouli Vs. Cegat and ors.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2005(100)ECC516; 2005(188)ELT367(All)
ORDERM. Katju, J. 1. This is a reference under Section 35G(3) of the Central Excise and Salt Act, 1944 in which the following questions have been referred to us for our opinion: (i) Whether the Hon'ble Tribunal was justified in holding that deemed credit as per letter F. No. Ts/36/94-TRU dated 1.3.94 can be denied on the ground that the Inputs (rerollable material like old and used rails, wheels, crossties, sleepers etc.) were clearly recognizable as non-duty paid when the deemed credit order dated 1.3.94 did not contain such a clause (stipulation);(ii) Whether an item which has already suffered excise duty is required to suffer excise duty again by passage of time without any chance in the nature and character of that particular item;(iii) Whether the Superintendent is the competent authority under the Excise Act to recover the Modvat Credit wrongly availed of; and (iv) Whether the facts and ratio of the case of Machine Builders and Ors. v. Collector of Central Excise is applicable in...
Tag this Judgment!Sir Shadi Lal Enterprises Limited Vs. Nagar Palika Parishad
Court: Allahabad
Decided on: Mar-31-2004
Reported in: (2004)2UPLBEC1778
M. Katju, J. 1. This FAFO has been filed against the impugned order dated 20.3.2004 passed the learned Civil Judge (Senior Division), Kairana, District Muzaffar Nagar in Original Suit No. 77 of 2004, Sir Shadi Lal Enterprises Ltd. v. Nagar Palika Parishad, Shamli.2. Heard learned Counsel for the parties.3. The plaintiff appellant filed a suit to restrain the defendant respondent from recovering the amount of Rs. 1,03,20,375/- and further to restrain the defendant respondent from abolishing the poles fixed on the Mill road shown in the map filed in the plaint. We have carefully perused the impugned order. By that order the temporary injunction application of the plaintiff appellant has been rejected.4. The plaintiff appellant has urged that on the road in question the plaintiff appellant has set up three lanes and footpath in 1983 on the advice of the S.D.M., Kairana. It is alleged that the then Chairman of the Municipal Board, Shamli gave permission on 12.7.1989 to the plaintiff to set...
Tag this Judgment!United India Insurance Company Ltd. Vs. Zafar Ibrahim and ors.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2004(3)AWC2566
N. K. Mehrotra, J.1. This is a petition for issuing a writ of certiorari quashing the order dated 8.5.2002 as contained in Annexure-1 passed by the Prescribed Authority in Prescribed Authority Case No. 2/96 and the order dated 10.11.2003 as contained in Annexure-2 passed by the Additional District Judge/Special Judge, E.C. Act, Lucknow dismissing the appeal filed by the petitioner.2. The petitioner is a tenant in a portion on the First floor of premises No. 31/37 known as premises No. 14, Mahatma Gandhi Marg, Lucknow on behalf of the opposite party No. 1, Shri Zafar Ibrahim. The Prescribed Authority under U. P. Urban Building Act, 1972 (hereinafter referred to as the 'Act, 1972') has allowed the application for release of the disputed premises under Section 21 on the ground that the landlord opposite party No. 1 has no other accommodation in the city of Lucknow and he desires to live in Lucknow after his retirement from the post of Director General, Police in Patna. The learned Prescri...
Tag this Judgment!Dr. Hemand Kumar Taneja Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: II(2004)DMC1
K.N. Ojha, J.1. Both these connected revisions have been preferred against the orders dated 23.11.1998 and 21.8.1999 passed by 1st Additional Sessions Judge, Sant Ravidas Nagar, (Bhadohi) in Sessions Trial No. 336 of 1998, State v. Hemant Kumar Taneja. By impugned order dated 23.11.1998 the learned 1st Additional Sessions Judge held that there was sufficient evidence to presume that the accused Hemant Kumar Taneja committed offence under Sections 498A, 304B, Indian Penal Code and Sections 3/4, Dowry Prohibition Act and 30.11.1998 was fixed for framing charges under these Sections.2. By impugned order dated 21.8.1999 subsequently the accused Hemant Kumar Taneja was discharged from these offences and it was held that in view of the report of the handwriting expert given in respect of suicide notes left by deceased Smt. Indira Taneja, her husband accused Hemant Kumar Taneja is not liable and he was completely exonerated from the charge.3. Heard Mr. V.P. Srivastava, learned Counsel for the...
Tag this Judgment!Kailash Vs. State of U.P.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2004CriLJ3551
M. Chaudhary. J.1. This is an appeal filed by the accused appellant from judgment and order dated 25th of July 1981 passed by Sessions Judge Mirazapur in Sessions Trial No. 263 of 1980 State v. Kailash convicting the accused under Section 302 IPC and sentencing him to undergo imprisonment for life thereunder.2. Brief facts giving rise to this appeal are that at 6.30 p.m. on 3rd of September 1980 Deep Nath, brother of the deceased lodged an FIR at police station Pannu Ganj District Mirazapur alleging that in the month of Asarh (July) that very year he along with his father Lalman and brother Hern Nath taking their cattle shifted to the jungle of village Chichlik from their village Jai Mohini; that at that very time Kailash, uncle of Deep Nath taking his cows came to village Chichlik and leaving his cattle there he went back to village Jai Mohini for getting paddy crop sown. In the month of September, 1980 Balram, younger brother of Deep Nath also came to village Chichlik taking their ox...
Tag this Judgment!Om Prakash Vs. State of U.P.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2003(2)ALT(Cri)17; 2004CriLJ3555
ORDERMukteshwar Prasad, J.1. This appeal by accused Om Prakash son of Sri Sumer is directed against the judgment and order dated 16-9-1997 passed by Sri A. U. Khan, the then Additional Sessions Judge, Ghazipur in S. T. No. 11 of 1996 whereby he convicted the accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine o f Rs. one lac. He was also directed to suffer rigorous imprisonment'(for a period of three years in case fine was not deposited by him.2. Briefly stated in facts of the case giving rise to this appeal, are as under :--There is an Opium and Alkaloid factory of Government of India at Ghazipur. The appellant was employed as an unskilled labourer in the aforesaid factory in the year 1995.3. On 25-11-1995, he was attending his night duty in the factory.4. On 26-11-1995 at about 5.50 a.m. accused became free and reached security...
Tag this Judgment!Dr. Hemant Kumar Taneja and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2004CriLJ3558
ORDERK.N. Ojha, J.1. Both these connected revisions have been preferred against the orders dated 23-11-1998 and 21-8-1999 passed by 1st Additional Sessions Judge, Sant Ravidas Nagar, (Bhadohi) in Sessions Trial No. 336 of 1998, State v. Hemant Kumar Taneja. By impugned order dated 23-11-1998 the learned 1st Additional Sessions Judge held that there was sufficient evidence to presume that the accused Hemant Kumar Taneja committed offence under Sections 498A, 304B IPC and Section 3/4 Dowry' Prohibition Act and 30-11-1998 was fixed for framing charges under these sections.2. By impugned order dated 21-8-1999 subsequently the accused Hemant Kumar Taneja was discharged from these offences and it was held that in view of the report of the handwriting expert given in respect of suicide notes left by deceased Smt. Indira Taneja, her husband accused Hemant Kumar Taneja is not liable and he was completely exonerated from the charge.3. Heard Sri V. P. Srivastava, learned counsel for the accused D...
Tag this Judgment!Kamlesh Kumar Alias Vakil Dubey and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2004CriLJ4271
ORDERK.N. Ojha, J.1. Instant revision has been preferred against orders dated 8-2:2001 and 12-4-2001 passed by 1st Addl. District Judge, Bhadohi in Sessions Trial No. 16 of 1994, State v. Kamlesh Kumar and one another pending under Section 308, I.P.C. Police Station Unja, District Bhadohi, Sant Ravidas Nagar.2. Heard Sri P.K. Singh, learned counsel for the revisionists and the learned A.G.A. and have gone through the record.3. It has been submitted by the learned counsel for the revisionists that NCR No. 16 of 1992 under Sections 323 and 504, I.P.C. only was lodged on 19-3-1992 at about 1.30 p.m. at out post Unja Police Station, Koirana, District Varanasi (at present Sant Ravidas Nagar) against revisionists Vakil and Achhey Lal, but the learned Addl. Sessions Judge has wrongly framed charge under Section 308, I.P.C.4. According to prosecution, revisionists caused injuries with lathis to four persons including Shiv Kant and fracture was caused in parietal bone of Shiv Kant. The Doctor o...
Tag this Judgment!Dinesh Kumar Shukla Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-31-2004
Reported in: 2004(4)AWC3487
Pradeep Kant and K.S. Rakhra, JJ.1. Heard Sri S. K. Kalia and Sri. S.C. Yadav, learned counsel for the State.2. By means of this petition, the petitioner Dinesh Kumar Shukla challenges the order dated 26.7.2003, by means of which he has been dismissed from service.3. The petitioner, while posted as Joint Director, Headquarters, Local Fund Audit Department, Allahabad and working as incharge Director being the Chairman of the Selection Committee, made a selection for Group-C post in the Local Fund Audit Department.4. The charge against the petitioner is that while making the appointments, the provisions of Section 3 Sub-clause (6) of the U. P. Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as the Reservation Act, 1994) were violated and, therefore, the petitioner was guilty of misconduct, which resulted into dismissal from service.5. An advertisement for making appointments on Group-C posts in the Local F...
Tag this Judgment!Ravi Krishna Verma Vs. Committee of Management, Chutki Bhandar Girls I ...
Court: Allahabad
Decided on: Mar-29-2004
Reported in: 2004(4)AWC3597; (2005)1UPLBEC966
1. Heard the learned counsel for the petitioner, Shri B. K. Saxena and Sri R. S. Singh, learned counsel for the opposite parties No. 1 and 2 as well as learned standing counsel.2. Short counter-affidavit has been filed on behalf of opposite parties No. 1 and 2, is taken on record. Sri B. K. Saxena does not want to file rejoinder-affidavit. With the consent of parties, writ petition is disposed of finally at admission stage.3. According to the learned counsel for the petitioner controversy relates to two rival committees of management. According to the petitioner's counsel election of Committee of Management of the College Chutki Bhandar Girls Inter College, Lucknow, was held on 12.8.2001, in which the petitioner was elected as Manager. On the other hand the learned counsel for the opposite party No. 2 submits that the election was held on 29.4.2001 on the direction of Director under the supervision of authorised controller. In the election held on 29.4.2001 the opposite party No. 2 Shr...
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