Allahabad Court May 2004 Judgments
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Janardan Singh Jaiswal Vs. Ivth Additional District Judge and ors.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(3)AWC2782
Sunil Ambwani, J.1. This writ petition arises out of orders dated 5.4.1997 passed by Civil Judge (Senior Division), Mirzapur in Misc. Case No. 34 of 1986, Janardan Singh Jaiswal v. Ashok Kumar Jaiswal, allowing the application under Order XXI Rule 96, C.P.C. and directing a copy of the sale certificate to be affixed on the house in question and to declare that the interest of the judgment debtor has been vested in Sri Janardan Singh Jaiswal, and the order dated 21.9.2001 passed by Additional District Judge (Court No. 3), Mirzapur, dismissing the Civil Revision No. 19 of 1997, arising out of the order.2. I have heard Sri A. P. Srivastava for petitioner and Sri S. P. Pandey for respondent No. 3.3. Brief facts giving rise to this case are, that the property in dispute was auctioned in Execution case No. 58 of 1983, for executing the money decree in Suit No. 4 of 1982. The sale was confirmed on 15.3.1986 and a sale certificate was issued on 4.4.1986 in favour of petitioner Sri Janardan Sin...
Lal Mohammad Vs. Indian Railway Construction Co. Ltd. and ors.
Court: Allahabad
Decided on: May-21-2004
Reported in: [2004(102)FLR124]; (2004)IIILLJ486All
S.P. Srivastava, J.1. These cases which had engaged the attention of Hon'ble Apex Court, represent the struggle between the petitioners-workmen and their employer - an instrumentality of the State which is persisting in its effort to get rid of the burden of petitioner-workmen and the insistence of the concerned workmen to continue in service in their bid to prevent their economic death which will result with the termination of the relationship of employer and employee between the parties.2. All these five cases, which have been connected, were analogously heard in view of the controversy raised therein being identical and are being disposed of by a common judgment and order.3. In the Civil Misc. Writ Petition No. 18561 of 1993 the petitioners were engaged to discharge the duties of Clerk, Accounts Clerk and non-technical Supervisor whereas in Civil Misc. Writ Petition No. 32500 of 1993 the petitioners had been engaged to discharge the duties of Clerk, Store Clerk and Store Chaser. In ...
Ram Dularey Tiwari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(4)AWC2940
Prakash Krishna, J.1. The petitioner Ram Dularey Tiwari has prayed for a writ. order or direction in the nature of certiorari for quashing the order dated 22.3.2004 of the Excise Commissioner, U. P. Allahabad and the order dated 22.4.2004 of the State Government and also the order dated 20.4.2004 passed by District Excise Officer, Annexures-4, 6 and 8 to the writ petition. A writ in the nature of mandamus directing the respondent to renew the licence of the petitioner for foreign liquor shop Jajmau, District Kanpur Nagar and to restrain the respondents from interfering in the running of the business in any manner has also been prayed for.2. The petitioner was granted a licence of foreign liquor shop for the financial year 2002-03 at Jajmau, District Kanpur Nagar. The said licence was renewed for the financial year 2003-2004. The petitioner applied for and was granted permission to take respondent No. 5 Sudeep Shukla as partner of the retail shop after depositing the necessary fee as pr...
Shyam Dev Vs. Vice Chancellor, Banaras Hindu University and anr.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(4)AWC2993
R.K. Agrawal, J.1. Since both these writ petitions relate to the same petitioner, they are being heard and decided by a common judgment.2. Civil Misc. Writ Petition No. 42712 of 2000 has been filed by Shyam Dev seeking a writ, order or direction in the nature of certiorari quashing the order dated 23rd August, 2000, passed by the Vice Chancellor, Banaras Hindu University. Varanasi, respondent No. 1 filed as Annexure-7 to the writ petition and other consequential reliefs whereas Civil Misc. Writ Petition No. 24021 of 2003 has been filed by the same petitioner seeking a writ. order or direction in the nature of certiorari quashing the notice issued by the Vice Chancellor. Banaras Hindu University, Varanasi and the Registrar, Banaras Hindu University. Varanasi, respondent Nos. 2 and 3, respectively, which, according to the petitioner, has not been served upon him. Vide order dated 23rd August, 2000, the Vice Chancellor had terminated the services of the petitioner on the ground of proved ...
U.P. State Sugar Corporation Ltd. Vs. Salamat Mia and anr.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(4)AWC3180
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, U. P. State Sugar Corporation Limited, Unit Siswa Bazar, District Maharajganj. seeks a writ, order or direction in the nature of certiorari quashing the order dated 12th June, 1991 passed by the Deputy Labour Commissioner, U. P., Gorakhpur, respondent No. 2. filed as Annexure-6 to the writ petition and other consequential reliefs. Vide order dated 12th June, 1991, the Deputy Labour Commissioner has directed the petitioner to correct the date of birth of the respondent No. 1, Salamat Mia, as '1935' and quashed the notice of retirement dated 31st August, 1989. He further directed for giving all consequential benefits by treating the respondent No. 1 to be in service.2. Briefly stated, the facts giving rise to the present writ petition are as follows :'M/s. Mahavir Sugar Mills, Siswa Bazar, District Gorakhpur (now district Maharajganj) (hereinafter referred to as ...
Banwari Lal Misra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(4)AWC3525
A.N. Varma, J.1. Through the instant writ petition, the petitioner has assailed the order dated 9.4.2003, as contained in Annexure-1 to the writ petition, whereby he has been placed under suspension on the ground of pendency of Criminal Case No. 114 of 2003 under Section 302/506, I.P.C. and Case No. 115 of 2003 under Section 25 of the Arms Act.2. Briefly stated, the facts of the case are as follows :At the relevant time the petitioner was posted at Sitapur as Enforcement Supervisor in the Office of A.R.T.O. An F.I.R. was lodged on 30.3.2003 alleging therein that on the date of incident the petitioner came to the shop of the informant and demanded a sum of Rs. 25,000. When his father Rampal Gupta, S/o Maikulal Gupta protested, he took out his country made pistol and fired upon him as a result of which the father of the informant died. A case under Section 302/506, I.P.C. was registered against the petitioner as Crime Case No. 114 of 2003, Police Station Khairabad, district Sitapur. Cons...
Rajpal Singh Vs. D.i.O.S. and ors.
Court: Allahabad
Decided on: May-21-2004
Reported in: 2004(4)AWC3574
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner Raj Pal Singh, seeks a writ, order or direction in the nature of certiorari quashing the order dated 13.7.1994 passed by the District Inspector of Schools, Jaunpur, respondent No. 1, whereby the signature of Surendra Nath Singh, respondent No. 4, has been attested as Principal of Krishak Inter College, Thana Gaddi, district Jaunpur and other consequential reliefs.2. Briefly staled, the facts giving rise to the present writ petition are as follows :In the district of Jaunpur, there is an Intermediate College in the name of Krishak Inter College (hereinafter referred to as 'the College') situate at Thana Gaddi. It is a recognised institution and receives grant-in-aid from the State Government. It is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the regulations framed thereunder as also the U. P. Secondary Education Services Selection...
Commissioner of Sales Tax Vs. Kelvinator of India Ltd.
Court: Allahabad
Decided on: May-21-2004
Reported in: [2006]146STC651(All)
Prakash Krishna, J.1. The present revision is directed against the order dated August 24, 1991 passed by the Sales Tax Tribunal, Ghaziabad, in Second Appeal No. 554 of 1985 for the assessment year 1981-82. It manufactures refrigerators and its parts. Factory is situate at Faridabad. The manufactured goods are brought to Ghaziabad Sales Depot. The only dispute in the present revision is regarding addition of Rs. 39,18,175 in the turnover of the assessee. The assessing authority included this amount in the taxable turnover of the dealer-opposite party on the ground that the same was towards the warranty charges. It rejected the claim of the dealer-opposite party that the warranty charges were optional and therefore it is not part of turnover. The assessing authority recorded a finding that the case of the dealer that it is open to the customers to pay Rs. 300 to Rs. 385 per fridge towards warranty charges. The dealer-opposite party provides warranty for a period of one year and it charge...
Commissioner of Sales Tax Vs. Ganeshi Lal
Court: Allahabad
Decided on: May-21-2004
Reported in: (2008)11VST406(All)
Prakash Krishna, J.1. The present revision is at the instance of Commissioner of Sales Tax and is directed against the order dated April 11, 1991 passed in Second Appeal No. 122 of 1990 for the assessment year 1984-85.2. The facts of the case are almost undisputed. The assessee has been doing business of jewellery, jewellery beeds and loose precious stones. Its books of account have been accepted. But the assessing authority has denied its claim of exemption on the sale of Rs. 8,14,000 made to foreign buyer against the foreign currency. The claim has been denied by the assessing authority on the basis that notification granting exemption having been rescinded the said turnover of the dealer is not now exempted under Section 4 of the U.P. Sales Tax Act, 1948. In contra the contention of the dealer was that in view of the fact that by Notification No. 1672 dated May 1, 1981 the Notification No. 6946 dated September 30, 1977 having been rescinded the earlier Notifications No. 2414 dated J...
Taj Plastic House Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: May-21-2004
Reported in: (2008)11VST663(All)
Prakash Krishna, J.1. These two revisions are at the instance of dealer and relate to the assessment year 1984-85. The Sales Tax Revision No. 872 of 1994 arises out of assessment proceeding and is directed against the order of the Trade Tax Tribunal dated April 8, 1994. Sales Tax Revision No. 873 of 1994 is against the proceeding under Section 15A(1)(o) of the U.P. Trade Tax Act, 1948.2. The applicant is a registered firm and is engaged in the business of sale and purchase of cotton coated fabrics along with plastic sheeting. Its books of account have been accepted by the authorities below. The assessing authority has found that in the relevant assessment year the Sales Tax Officer, Mobile Squad, intercepted the consignment of the dealer. The said consignment is duly recorded in the books of account. The Sales Tax Officer, Mobile Squad, treating the said consignment as that of 'rexine' got recovered security before releasing the goods. A dispute about the rate of tax on such goods was ...
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