Allahabad Court April 2004 Judgments
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Nadeem Apartments Pvt. Ltd. and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: (2004)2UPLBEC2049
M. Katju and R.S. Tripathi, JJ.1. This appeal has been filed against a judgment and decree dated 14.8.1997 passed by 1st Additional Civil Judge (Sr. Division), Meerut dismissing the original Suit No. 549 of 1986 with costs.2. The history giving rise to his first appeal is that the Original Suit No. 549 of 1985 was filed by the appellants against the respondents. In the above suit it was pleaded that the appellants took a commercial loan of Rs. 11.70 lacs and an additional loan of Rs. 3.50 lacs for M/s. Rasolia Cold Storage Pvt. Ltd. from Uttar Pradesh Financial Corporation in the year 1979-1980 executing agreements. The amounts of the above loans were not paid by the appellants and consequently a recovery certificate was sent to the District Magistrate, Defendant No. 2 by the Uttar Pradesh Financial Corporation. On the basis of the aforesaid recovery certificate defendant No. 2 District Magistrate, Meerut appointed defendant No. 3 Potato Development Officer as Receiver of the above Ras...
Kehar Pal Singh Vs. Pradeshik Co-operative Dairy Federation and anr.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: 2004(4)AWC3432; [2004(101)FLR1066]; (2004)2UPLBEC2063
M. Katju and R.S. Tripathi, JJ.1. This special appeal has been filed against the judgment of the learned Single Judge dated 12.3.2004. We have carefully perused the judgment and have heard the learned Counsel for the appellant.2. Bulandshahr Dugdha Utpadan Sahkari Sangh is a co-operative society which entered into a contract with M/s. S.S. Security Services, Salempur, Bulandshahr for supply of labour. It is alleged that in pursuance of the contract the petitioner was assigned by the contractor to work in the society where he is working since 1985. It was alleged by the petitioner that the society is his principal employer and the petitioner has been illegally removed by order dated 10.8.1999.3. A counter affidavit was filed before the learned Single Judge in which it was alleged that the petitioner was never employed by the society and the relationship of master and servant does not exist between them.4. In law there is a difference between a servant and an independent contractor. The ...
Satendra Mani Tiwari Vs. Commissioner, Gorakhpur Division and ors.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: 2004(3)AWC2668
Arun Tandon, J.1. Heard Sri N.C. Rajvanshi senior advocate, assisted by Sri J.B. Mishra, on behalf of the petitioner, standing counsel on behalf of the respondent Nos. 1 and 2 and Sri Sanjay Goswami, Advocate on behalf of the other private respondents.2. This writ petition was decided by this Court by means of the judgment and order dated 6th May, 1996. A Special Appeal No. 5241-5242 of 2003 was filed by Doodh Nath and others (who are respondents in the present writ petition) before the Hon'ble Supreme Court of India, The Hon'ble Supreme Court had allowed the Special Appeal and after setting aside the judgment of this Court, remanded the matter for disposal in accordance with law after affording opportunity of hearing to the parties concerned.3. The relevant facts giving rise to the present writ petition are a notice was issued to the petitioner under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act. After objections were filed by the petitioner, the Prescribed Au...
R.K. Products Vs. Kothari Products Ltd.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: 2004(3)AWC2809; [2005]126CompCas858(All); 2005(31)PTC393(All)
R.S. Tripathi, J.1. This appeal has been filed against an order dated 17.10.2003, passed by District Judge, Kanpur Nagar in Original Suit No. 11 of 2003. Kothari Products v. R.K. Products, allowing application No. 5 (c) granting temporary injunction in favour of respondent restraining the appellant, its Proprietor/partners, officers, servants, dealers, stockist, heirs, representatives and all other person/persons on his behalf from using Trade Mark 'Kothari' and/or infringing the plaintiffs Trade Mark or passing off their goods of pan masala and any other goods of similar description as those of the respondent by manufacturing/selling/offering for sale, advertisement, directly or indirectly dealing with the said goods under the impugned Trade Mark Kothari and artistic monogram/logo entitled thereto as shown in Annexures-A and B forming part of the affidavit filed in support of application No. 5 (c) till disposal of the suit.2. The briefly stated facts giving rise to the present appeal ...
Ram Sagar and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Apr-13-2004
Reported in: 2004(4)AWC3508
Devi Prasad Singh, J.1. Heard Sri D. C. Jain, holding brief of Sri H. S. Sahai, learned counsel for the petitioners and Sri P. L. Mishra for opposite party No. 2. None present for opposite party No. 3.2. According to the learned counsel for the parties plaintiff/opposite party No. 2 entered into an agreement with one Ram Krishna Giri on 15.12.1979 for sale of certain agricultural land. However, the land was purchased by the defendant/petitioners from Ram Krishna Giri on 6.10.1981. Accordingly a suit for specific performance of contract was filed by the plaintiff/opposite party No. 2. The suit was decreed without effective service of notice on defendant, on 27.7.1982. The trial court while decreeing the suit directed for execution of sale deed in favour plaintiff by the decree dated 27.7.1982. Defendant/petitioners filed application under Order IX Rule 13 of C.P.C. In September, 1982, for setting aside the ex parte decree and for decision on merit. The trial court had allowed the applic...
Ex. Sep./M.T. Ram Bahadur Yadav Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-13-2004
Reported in: 2004(4)AWC3781
ORDERA.N. Varma, J.1. The petitioner who was a Sepoy In the Indian Army having been declared a deserter, was tried by the Summary Court Martial at Bangalore. He having been found guilty of desertion, was dismissed from service vide order dated 18.12.1999 passed by the Commandant Officer, Headquarters, A.S.C. Wing (South), Bangalore, against the order of his dismissal he preferred a statutory complaint before the GOC-In-C, Southern Command, with a copy to the Chief of the Army. The said appeal was dismissed by the GOC-In-C, Southern Command at Pune vide its order dated 8.5.2000.2. A preliminary objection has been raised by the Additional Standing Counsel, Central Government that as no part of cause of action arises within the territorial jurisdiction of this Court, therefore, the instant writ petition before this Court is not maintainable. In support of his argument the learned standing counsel placed reliance upon a Division Bench decision rendered by this Court in Ex. Sepoy (Driver/M....
Associated Switch Gear Pvt. Ltd. Vs. Cce
Court: Allahabad
Decided on: Apr-12-2004
Reported in: 2004(95)ECC486; 2004(174)ELT151(All)
ORDERM. Katju, J.1. This reference application under Section 35G(1) of the Central Excise Act seeks to raise as many as nine question for reference to this Court. These questions are mentioned in the application and hence need not be repeated.2. We have heard the learned counsel for the parties and have carefully perused the order of the CEGAT dated 25.10.2002.3. The assessee is a unit engaged in the manufacture and/or sale of electrical distribution control panels. The assessee entered into contracts with certain parties for design, fabrication, erection and commissioning of such control panels at the premises of these parties.4. The assessee alleged that it does not manufacture all the parts required for the manufacture of the electrical panels. Some of the parts were allegedly bought from other manufacturers.5. The Central Excise Authorities examined a consignment when it was in transit from the assessee's factory on 5.2.1988. This examination revealed that the assessee had actually...
Committee of Management, Daya Nand Madhyamik Vidyalaya, through It's M ...
Court: Allahabad
Decided on: Apr-12-2004
Reported in: (2004)3UPLBEC2327
V.K. Shukla, J.1. By means of present writ petition, Committee of Management of Dayanad Uchchatter Madhyamik Vidyalaya, Thaur, Khewasipur, Jaunpur through its Manager Parmanand is assailing the validity of the order dated 13.9.2003 passed by the Joint Director of Education, Vth Region, Varanasi by means of which claim of the petitioner's Managing Committee has been disapproved and claim of the Managing Committee headed by Shambhu Dutt Mishra as Manager has been accepted.2. Brief facts of the case as mentioned in the writ petition is that there is an Institution known as Daya Nand Uchchatar Madhyamik Vidyalaya, Thaur, Khewasipur, Jaunpur, which is a duly recognized institution under the provisions of U.P. Intermediate Education Act, 1921. The said institution has got Scheme of Administration, duly approved by the Deputy Director of Education. The term of the Managing committee of the institution is three years and one month. Last election of the Committee of Management of the institutio...
Gopi Saran Srivastava Vs. Principal Secretary, Department of Labour, G ...
Court: Allahabad
Decided on: Apr-12-2004
Reported in: (2004)3UPLBEC2383
V.K. Shukla, J.1. By means of present writ petition, petitioner has prayed for following relief, which is quoted below :(1) Issue a writ or order or direction in the nature of certiorari quashing the impugned order dated 13.6.1996 for recovery of Rs. 8364/- being the pay paid to the petitioner w.e.f. March to May, 1995.(2) Issue a writ or order or direction in the nature of mandamus directing the Respondents to continue the petitioner in service and pay the entire service benefits including the arrears of salary w.e.f. 28.2.1995 to 28.2.1997 being a Class IV employee after attaining the age of 60 years.(3) Issue a writ or order or direction in the nature of Mandamus directing the Respondents not to interfere in the functioning of the petitioner till 28.2.1997.(4) Issue any other writ or order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.(5) Award the cost of the petition in favour of the petitioner.2. Brief background of the case as men...
Commissioner of Trade Tax Vs. Hindu Super Store
Court: Allahabad
Decided on: Apr-12-2004
Reported in: [2006]145STC223(All)
Prakash Krishna, J.1. The only controversy raised in the present revision relating to the assessment year 1988-89 is regarding applicability of rate of tax on mosquito repellent coil (kachhuwa chap agarbatti). The Tribunal by its order dated July 28, 1994 has held that mosquito repellent coil (kachhuwa chap agarbatti) is taxable as 'pesticides and insecticides'. Challenging this order present revision is at the instance of the Commissioner of Sales Tax. The assessing authority treated the mosquito repellent, as unclassified item and rejected the contention of the dealer that it is covered by the entry 'pesticides and insecticides'. He concluded that 'kachhuwa chap agarbatti' is used as a mosquito repellent and it does not kill mosquito. The Assistant Commissioner (Judicial), the first appellate authority, expressed its approval on this point with further observation that it cannot be treated as 'medicine'. An argument, on the strength of a judgment of this Court, given in the case of B...
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