Allahabad Court May 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.
Commissioner of Trade Tax Vs. Khaitan Industrial Complex
Court: Allahabad
Decided on: May-28-2004
Reported in: (2008)11VST219(All)
Prakash Krishna, J.1. This revision is directed against the order dated February 6, 1995 passed by the Trade Tax Tribunal, Ghaziabad, in second appeal No. 17 of 1994 for the assessment year 1988-89 (U.P.).The dealer-opposite party is a new unit within the meaning of Section 4A of the U.P. Trade Tax Act, 1948 and its sales were exempt from payment of sales tax in the relevant assessment year 1988-89 (U.P.). It is engaged in manufacture and sale of electric stamping, ceiling fans and scraps, etc. The account books were accepted by the assessing authority and on the turnover of sale of stamping and of manufactured ceiling fans were granted exemption. But the assessing officer levied tax on the sale of iron scraps, tin scrap and copper scrap. He was of the opinion that on the sale of such items the dealer-opposite party, holder of eligibility certificate, is not entitled to exemption under Section 4A of the Act.2. The core question involved in the present revision is about the levy of tax ...
Commissioner of Trade Tax Vs. New Universal Tannery
Court: Allahabad
Decided on: May-28-2004
Reported in: (2008)11VST414(All)
Prakash Krishna, J.1. The present revision is directed against the order dated April 8, 1994 passed by the Sales Tax Tribunal in Second Appeal No. 729 of 1985 for the assessment year 1978-79. The facts of the present case lie in a narrow compass. The dealer-opposite party deals in raw hides and skins of animals. The assessing officer by the order dated May 29, 1982 for the assessment year 1978-79 accepted the account books of the dealer. But the assessing officer has rejected the claim of exemption on the turnover of sales of tanned skins on the ground that the same was not sold to U.P. dealers in the course of export and as such the turnover was not liable for exemption under Section 5(3) of the Central Sales Tax Act, 1956. Form H was produced by the dealer in support of the claim. This plea of the dealer was not accepted by the first appellate authority as well as by the Tribunal and the levy of tax has been confirmed under Section 3AAAA up to the Tribunal stage. However, the Tribuna...
Pooran Devi (Smt.) Vs. Chief Engineer, Electricity Board and ors.
Court: Allahabad
Decided on: May-27-2004
Reported in: [2004(102)FLR803]; (2004)3UPLBEC2292
D.P. Singh, J.1. Rejoinder affidavit and supplementary rejoinder affidavit have been filed today.2. Sri J.P. Singh, appearing for Respondent No. 4 had made a mention in the morning to adjourn the case on the ground that he has to file counter affidavit to the supplementary affidavit. Counsel for the petitioner objected to the mention and informed the Court that in fact the allegation in the amendment application has been replied to in the counter affidavit filed to the amendment application and as such request for adjournment was rejected. When the matter was taken up for hearing in the revised list, a mention was again made on behalf of Sri J.P. Singh that the matter may be adjourned but the same was objected by the Counsel for the petitioner and was rejected.3. Heard learned Counsel for the petitioner and Sri A.K. Mehrotra Counsel for the Respondent Nos. 1 to 3 Sri J.P. Singh, appearing for Respondent No. 4 has not appeared before the Court.4. The husband of the petitioner was a Clas...
Mohd. Minhajul Islam Vs. Aligarh Muslim University and ors.
Court: Allahabad
Decided on: May-27-2004
Reported in: 2004(3)AWC2756
M. Katju, J.1. This special appeal has been filed against the impugned judgment of the learned single Judge dated 12.4.2004.2. We have heard the learned counsel for the parties and have perused the record.3. The petitioner was admitted in B.Tech/B.Sc. Engineering Course in Aligarh Muslim University in the academic session 1992-93. The said course is of four years. The petitioner has alleged that he has passed the third year examination and at present he is pursuing study of the final year. The petitioner has alleged that he has been promoted from first year to second year in 1995, from second year to third year In 1998 and from third year to fourth year in 2001. Thus, It appears that for every one year of the course the petitioner took three years to pass the annual examination. This itself shows that he is not serious in his studies.4. The petitioner was detained from appearing in the annual examination of the final year Computer Engineering Course during the session 2001-2002 due to ...
Kapil Deo Srivastava Vs. High Court of Judicature at Allahabad and anr ...
Court: Allahabad
Decided on: May-27-2004
Reported in: 2004(4)AWC2987
R.B. Misra, J.1. Heard Sri Anurag Jauhari, learned counsel for the petitioner and Sri K. R. Sirohi, learned counsel for the respondents.2. With the consent of the learned counsel for the parties, this petition is decided at this stage in view of second proviso to Rule 2 of Chapter XXII of Allahabad High Court Rules, 1952.3. In the present writ petition prayer has been made for quashing the circular dated 29.4.1999 issued by the High Court (Annexure-8 to the writ petition) and also writ of mandamus directing the respondents to declare the result held for recruitment to the post of clerk and Stenographer in District Judgeship of Meerut. Further, prayer has also been made for declaration that the Judgment dated 7.9.1998 passed in Writ Petition No. 11566 of 1998, Mohd. Islam Siddiqui v. State of U. P. and Anr. and circular dated 29.4.1999 have no application in any manner apply in the case of selection in question.4. The brief facts necessary for adjudication of the present case are that a...
Jakir HussaIn Vs. D.i.O.S. and ors.
Court: Allahabad
Decided on: May-27-2004
Reported in: 2004(4)AWC3178
D.P. Singh, J.1. Pleadings are complete and the counsel for the parties agree that the petition may be finally disposed of under the Rules of the Court.2. Heard counsel for the parties.3. This petition is directed against an order dated 1.4.2000 by which the District Inspector of Schools has rejected the claim of the petitioner who was claiming appointment as a assistant clerk in the institution. The claim of salary has also been rejected.4. Khair Inter College is a duly recognised and aided college and which is a declared minority Institution under Article 30(1) of the Constitution of India. It is alleged that an assistant clerk retired on 30.6.1993. The Head Clerk also retired on 31.7.1995 and Shri Vakil Ahmad Siddiqui, who was working as Assistant Clerk, was promoted to the post of Head Clerk, resulting in two substantive vacancies of Assistant clerk. It is alleged that the Committee of Management vide its resolution dated 29.6.1995 sought to fill up the vacancies and for which a co...
Union of India (Uoi) Vs. Ganesh Pandey and ors.
Court: Allahabad
Decided on: May-27-2004
Reported in: 2004(4)AWC3476; [2004(102)FLR857]
Tarun Agarwala, J.1. The plaintiff was appointed as a 'rakshak' on 22.10.1977 in the Railway Protection Force against a clear permanent vacancy. On 18.6.1981 a criminal case was registered against him, in which, it was alleged that the plaintiff had stolen two bags of fertilizer from the Railway wagon, which were recovered from his quarter. During the pendency of the criminal proceedings, the plaintiff was suspended and by an order dated 10.11.1981 passed by the Assistant Security Officer, Varanasi, the plaintiff was removed from the service w.e.f. 11.11.1981 under Rule 47 of the Railway Protection Force Rules, 1959 (hereinafter referred to as the Rules). The plaintiff filed a departmental appeal, which was rejected by the appellate authority on 3.2.1982. The plaintiff thereafter, filed a review petition, which was also rejected. The plaintiff, thereafter, served a notice Under Section 80, C.P.C. on 2.3.1984, which was duly served upon the defendant and after the expiry of the period o...
Shahid HussaIn Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: May-27-2004
Reported in: 2005(1)ARC54
S.U. Khan, J.1. Ahmad Husain, respondent No. 3 since deceased and survived by legal representatives filed S.C.C. suit No. 330 of 1976 against tenant-petitioner. In the said suit Ahmad Husain also impleaded one of his sons Ashfaq Husain as defendant No. 2. Ahmad Husain had impleaded Hasnain Mian his other son respondent No. 4 as plaintiff No. 2. In the plaint it was stated that defendant No. 2 realized the rent only as representative of the plaintiff and not in any independent capacity. Earlier also a suit had been filed by Ahmad Husain against petitioner Shahid Husain being original suit No. 670 of 1968 in which Munsif (City), Bareilly through judgment and decree dated 18.3.1978 held that there existed no relationship of landlord and tenant between the parties and consequently dismissed the suit. In the latter suit (SCC suit No. 330 of 1976) defendant-petitioner filed written statement again asserting that Ahmad Husain was not the landlord and that finding in the earlier suit (O.S. No....
State Bank of India Vs. Bastar Oil Mills and Industries
Court: DRAT Allahabad
Decided on: May-26-2004
Reported in: III(2006)BC37
1. Appellant State Bank of India (hereinafter referred to as the 'appellant Bank') has filed original application No. 18/2004 before the Debts Recovery Tribunal, Jabalpur (hereinafter referred to as the DRT) against respondent Nos. 1 to 6 (as defendants) for the recovery of Rs. 7,28,27,297.23 with interest and costs.2. The appellant Bank also filed a miscellaneous application for the attachment of the amount due under the arbitration award passed in favour of the; defendant No. 1 company (and against the State of Chhattisgarh and the Principal Secretary, Department of Forests, Government of Chhattisgarh) on 7th November, 2003 for a sum of Rs. 6,06,10,4367- with interest. The appellant Bank urged in that application that the defendant No. 1 company is likely to get the said award amount from the State of Chhattisgarh and Department of Forests, Government of Chhattisgarh, that the same can be attached, and that otherwise there are every chance of siphoning off the funds by the defendant...
Mahesh Singh and ors. Vs. District Magistrate Maharajganj and ors.
Court: Allahabad
Decided on: May-26-2004
Reported in: 2004(3)AWC2336; [2004(102)FLR866]; (2004)2UPLBEC1941
S. Rafat Alam, J.1. In the instant writ petition the petitioners have prayed for quashing of the office order dated 6.11.1995 issued by the Sub-Divisional Magistrate/Sub-Divisional Officer, Tehsil Farenda, District Maharajganj whereby their services have been terminated under the provisions of the U. P. Temporary Government Servant (Termination of Service) Rules, 1975 (hereinafter referred to as 'the Rules').2. Heard Shri Mool Bihari Saxena, learned counsel for the petitioner and Shri M. S. Pipersenia, learned standing counsel for the respondents.3. The petitioners claim to have been appointed substantively as Seasonal Amins w.e.f. 1.1.1976 in the district of Gorakhpur as per procedure prescribed under the law. It has further been stated in the writ petition that the department prepared and submitted the names of Seasonal Amins, according to their seniority, for appointment on regular basis. Since the petitioners were senior most Seasonal Amins, their names were included, as per their ...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »