Allahabad Court August 2004 Judgments
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Babu Lal (Deceased) Through L.Rs. and ors. Vs. Sunder and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(2)AWC1858
Khem Karan, J.1. This writ petition is directed against the order dated 21.9.1978 (Annexure-7) passed by opposite party No. 2 and order dated 4.8.1982 (Annexure-9) passed by opposite party No. 3.2. The dispute relates to the land of khata No. 76 having several plots, measuring about 23 bighas and few biswas, which was earlier recorded in the name of Sunder (opposite party No. 1) in the basic year. There commenced consolidation operation in the area. Petitioner Nos. 1, 2 and 3 (sons of Jagannath) put a claim, saying that since the property was ancestral and was acquired by Hindu joint family and since the name of Sunder was recorded in representative capacity, therefore, they had a share therein. Descendants of Pancham, brother of Jagannath, though filed no objection as such but did file written statement, claiming their share in that holding. The Consolidation Officer decided the matter, vide order dated 14.1.1975 giving 1/3 share to Sunder, 1/3 to descendants of Pancham and 1/3 to pet...
U.P. State Road Transport Corporation Vs. Veer Pal
Court: Allahabad
Decided on: Aug-24-2004
Reported in: IV(2005)ACC557
Prakash Krishna, J.1. This appeal has been preferred against the Award dated 15.1.1991 passed by the Motor Accident Claims Tribunal in MACT Case No. 7 of 1989. The Tribunal has awarded a sum of Rs. 19,473 along with interest at the rate of 12% from the date of petition, for the injuries sustained by him.2. The fact of the case lies in narrow compass. The claim petition was filed under the provisions of Motor Vehicles Act on the allegation that on 19.9.1988 the claimant was travelling in a Tempo No. UMA-9203 and was going from Agra to Kuberpur and when the Tempo reached Ban Behari Hotel, Agra Tundla Road, a bus belonging to the present appellant bearing registration No. UGE 607 coming from Sore to Agra dashed against a Tractor No. UTA 5246 and subsequently colluded with the tempo in which the claimant was travelling. The bus was being driven at such a high speed that it smashed the tractor and the tempo. As a result of the accident claimant sustained severe injuries.3. The petition was ...
Raina (Smt.) Vs. Hari Mohan Budhaulia
Court: Allahabad
Decided on: Aug-23-2004
Reported in: 2005(2)AWC1174; II(2004)DMC780
S.N. Srivastava, J. 1. This writ petition is directed against the order dated 28.2.2003 passed by 1st Addl. Civil Judge (S.D.), Banda rejecting application for impleadment of Km. Muniya and Km. Chuniya, daughters of late Alok Kumar Budhauliya, as petitioner in a petition under Section 19 of Hindu Adoption and Maintenance Act, filed by their mother Smt. Raina Budhaulia after death of their father Alok Kumar Budhaulia. The said order was also affirmed in revision by order dated 6th December, 2003. 2. Learned Counsel for petitioner urged that Km. Muniya and Chuniya are minor daughters of late Alok Kumar Budhaulia. They are also entitled to get maintenance along with their mother. Their application for impleadment was wrongly rejected by the Courts below. Impugned orders are liable to be quashed and they may be permitted to be impleaded as petitioners.3. In reply to the same learned Counsel for opposite party urged that under the provisions of Section 20 of Hindu Adoption and Maintenance A...
Committee of Management, Inter College and anr. Vs. State of U.P. and ...
Court: Allahabad
Decided on: Aug-23-2004
Reported in: (2004)3UPLBEC3001
Arun Tandon, J.1. Heard Sri S.D. Shukla, Advocate on behalf of the petitioners, Sri P.C. Pathak, Advocate on behalf of respondent No. 6 and learned Standing Counsel on behalf of respondent Nos. 1 to 5.2. Committee of Management, Inter College, Bhokerheri, Muzaffar Nagar through its alleged Manager has filed this writ petition against the order of the Regional Joint Director of Education dated 29th April, 2004, whereby the Regional Joint Director of Education has been pleased to hold that the elections which are alleged to have taken place on 19th March, 2004 are illegal and as such cannot be recognized. He has further directed that since the term of the earlier Committee of Management had expired, the Principal of Government Inter College, Kandela, Muzaffar Nagar may take over the charge of the institution as Prabandh Sanchalak and hold fresh elections within three months.3. This Court, while entertaining the present writ petition on 26th May, 2004 granted an interim order in favour of...
Ankit Soni and anr. Vs. Ram Ji
Court: Allahabad
Decided on: Aug-23-2004
Reported in: 2005(2)AWC1289
Janardan Sahai, J.1. This is a plaintiffs' second appeal in a suit for cancellation of a sale deed dated 25.7.1992. The case of the plaintiff/appellants was that on the death of their father the defendant had helped the plaintiffs in many ways. The property in dispute was purchased by the plaintiffs on 9.4.1992 but subsequently the defendant/respondent got a forged sale deed dated 25.7.1992 in his favour prepared by setting up an impostor. The case of the defendant is that the sale deed was a genuine transaction and there was no forgery. It appears that during the pendency of the suit an application was filed by Smt. Manju Devi the mother of the minor plaintiffs as their next friend for withdrawing the suit. This application is Paper No. 56-ga. In this application it was stated that the suit had been filed under a misconception for want of proper legal advice and that the applicant does not want to pursue the suit and it may therefore be dismissed. The statement made in the application...
Sharda Refrigeration Co. (P.) Ltd. Vs. Gupta Gasoline Distributor
Court: Allahabad
Decided on: Aug-23-2004
Reported in: [2005]62SCL254(All)
ORDERS.P. Mehrotra, J.1. The present Company Petition purporting to be under Section 434/439 of the Companies Act, 1956 has been filed by Gupta Gasoline Distributor (petitioner), inter alia, praying that M/s. Sharda Refrigeration Co. Pvt. Limited having its registered office at 48/48A, Baluaghat, Allahabad (hereinafter referred to as 'the respondent-company') be wound up under the provisions of the Companies Act, 1956. The said Company Petition has hereinafter been also referred to as 'the Winding Up Petition'.2. It is, inter alia, stated in the Winding Up Petition that the respondent company was incorporated on 7-2-1990 vide Incorporation No. 20-11632 of 1990 and that the registered office of the respondent-company is situated at 48/48A, Baluaghat, Allahabad; and that the respondent-company is a private limited company.3. It is, inter alia, further stated in the Winding Up Petition that the respondent-company was appointed sole distributor of Birla Blue Flames Limited S.C.O. 837, Mani...
Brijpal Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-22-2004
Reported in: (2004)3UPLBEC2544
M. Katju, ACJ and Umeshwar Pandey, J.1. Heard Sri A.K. Srivastava learneed Counsel for the appellant and Sri I.P. Singh and learned Standing Counsel for the respondents. '2. This special appeal has been filed against the interim order of the learned Single Judge dated 22.7.2004 staying the transfer order of the writ petitioner and directing that he shall continue to work as Junior Engineer, Vikas Khand Sikandarabad, District Bulandshahar and be paid his salary.3. In Special Appeal No. 555 of 2004, State of U.P. v. Smt. Meera Sankhwar, decided on 12.7.2004, this Court has in great detail discussed which interim orders are appeallable and which are not. The entire case law has been discussed in that decision and hence we are not referring to the same.4. Subsequently in Special Appeal No. 860 of 2004, Shesh Nath Singh v. Mukesh Singh and Ors., decided on 26.7.2004 and in Special Appeal No. 855 of 2004, Union of India v. Raghubir Prasad, decided on 21.7.2004 and Special Appeal No. 911 of 2...
Marble Men Vs. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Aug-20-2004
Reported in: (2004)192CTR(All)58
1. In the present writ petition, notice issued under Section 148 of the IT Act, 1961 (hereinafter referred to as the Act), for the asst. yr, 1997-98 has been challenged.2. The petitioner is a dealer engaged in the business of handicraft items and marble goods in the city of Agra. It caters to the need of foreign tourists, who visit the city. The goods are sold against foreign exchange. While taking the goods out of the country, it requires customs clearance at the airport. The petitioner claimed benefit of special deduction under Section 80HHC of the Act in respect of the turnover and profit of counter sales made against convertible foreign exchange to the foreign tourists. The assessing authority in the original assessment order accepted the claim and granted deduction. However, he issued notice under Section 148 of the Act seeking to withdraw the deduction granted to the petitioner under Section 80HHC of the Act.3. We have heard Sri Manish Goel, learned counsel for the petitioner, an...
Pt. Sunder Lal Tiwari Inter College Vs. Secretary, Madhyamik Shiksha P ...
Court: Allahabad
Decided on: Aug-20-2004
Reported in: (2004)3UPLBEC2861
M. Katju, J.1. This Special Appeal has been filed against the judgment of the learned Single Judge dated 14.7.2004.2. We have heard learned Counsel for the appellant and have perused the impugned judgment and found no infirmity in the same.3. The facts and circumstances have been set out in great detail in the judgment of the learned Single Judge and they reveal the alarming situation, which is going on in Uttar Pradesh in the field of education. In fact in case after case that has come up before us, there arc allegations that the Principal of the College, who should be an ideal for students, is indulging in embezzlement of School funds, corruption by permitting copying in examinations etc. This is also a case in that category.4. The learned Single Judge has not only perused the evidence on record but he also summoned the original record of the U.P. Board of High School & Intermediate Examination and we appreciate the pains that he has taken in examining the matter. The record shows th...
Subash Chand Pandey and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-20-2004
Reported in: 2004(4)AWC3661; (2004)3UPLBEC2751
Sunil Ambwani, J.1. Heard Sri'Ashok Khare, Senior Advocate assisted by Sri V.D. Chauhan for petitioners and Sri Sudhir Agarwal, Additional Advocate General as well as Sri M.C. Chaturvedi, Additional Standing Counsel for State respondents.2. With consent of parties, this batch of writ petitions is finally decided at this stage.3. The petitioners in this batch of writ petitions are Kisan Sahayaks, of Agriculture Department,; Sugarcane Supervisor of Sugarcane Department, and Gram Vikas Adhikari of Gramya Vikas Department, all Class III employees in the services of Government of U.P., transferred by the State Government vide Government Order dated 12.4.1999, as Multi-Purpose Panehayat Workers, and were serving as Gram Panehayat Vikas Adhikaris in various Gram Sabhas in the State. By these writ petitions, they have prayed for quashing Government Order dated 20.7.2004 issued by the Chief Secretary, Government of U.P., by which a decision was taken, on account of certain difficulties felt by ...
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