Allahabad Court October 2005 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.
Sarvahitkarini Sahkari Awas Samiti Ltd. Through Its Secretary Shri Nis ...
Court: Allahabad
Decided on: Oct-06-2005
Reported in: AIR2006All29; 2006(1)AWC986
Vineet Saran, J.1. The petitioner, which is a housing society, purchased certain agricultural land measuring about 4343.4 Sq. meters. According to the petitioner, the said land was purchased for Rs. 2,66,700/- The stamp duty was not. paid by the petitioner because, according to the petitioner, the housing societies were exempted from payment of stamp duty as per certain Government orders. However, the petitioner is not pressing for exemption under the said Government orders and is prepared to pay the stamp duty on the value of the sale transaction. The Additional Collector, under Section 47A of the Indian Stamp Act, passed an order dated 30.7.1999 assessing the value of the land measuring 4343.4 Sq. meters to be Rs. 17,37,360/- calculating the same at the rate of Rs. 400/- per Sq. meter which was the circle rate fixed by the Collector for the residential plots in the area. The revision filed by the petitioner against the said order dated 30.7.1999 was also dismissed by the Commissioner...
U.P. State Sugar and Cane Development Corporation Ltd. Vs. the Presidi ...
Court: Allahabad
Decided on: Oct-06-2005
Reported in: 2006(1)AWC841
Rakesh Tiwari, J.1. The petitioner is a unit of U.P. State sugar and Cane Development Corporation Ltd.. It is engaged in the manufacture of white crystal sugar by vaccum pan process. The petitioner has assailed the award passed by the Presiding Officer, Labour Court, Gorakhpur in Adjudication Case No. 40/1990 which has been enforced by publication on the Notice Board on 15.10.2003. No interim order has been granted in favour of the petitioner at the time of admission or thereafter.FACTS2. Before noting the contentions of the parties before the Labour Court, it may be pointed out here that the Union representing the workmen had 'not pressed' reference No. 2 regarding designation and corresponding pay scale to 28 employees of list 'kha', hence the dispute survived only in respect of reference No. 1, which is being dealt herewith.3. The facts of the case, in brief, are that the following two suo motu references were made by the State Government vide Government order No. 1646- 65/36(1) Suo...
Krishna Awtar Agarwal Son of Late Sri Raja Ram Agarwal Vs. Allahabad B ...
Court: Allahabad
Decided on: Oct-05-2005
Reported in: (2006)ILLJ963All
V.M. Sahai, J.1. The petitioner retired voluntarily on 31.5.2001 as Assistant Manager from Chandausi Branch Allahabad Bank, Moradabad. He seeks a direction from this court that his pension under the hew pension scheme known as Allahabad Bank (Employees) Pension Regulations, 1995 be released. 2. In the counter affidavit filed by the Bank it has been stated that the draft pension scheme was received by the bank and circular No. 3904 dated 6.9.1994 was issued and options from employees were invited till 30.9.1994. The time was extended till 30.11.1994. But the petitioner did not submit any option. Latter the scheme was notified on 29.9.1995 as Allahabad Bank (Employees) Pension Regulations, 1995 (in brief the regulations). It provided for obtaining options within 120 days from the date of notification. But the petitioner did not exercise any option under the regulations, therefore, he was not entitled for release of pension under the regulations.2. We have heard Shri Bharat Pratap Singh, ...
Sajjan Kumar S/O Late Sri Laxmi Narayan Khare, Manager, Dr. Rajendra P ...
Court: Allahabad
Decided on: Oct-05-2005
Reported in: AIR2006All36; [2006(1)JCR431(All)]
V.M. Sahai and Sabhajeet Yadav, JJ.1. We have heard Sri A.K. Gaur, learned counsel for the applicant and Sri O.P. Tripathi appearing for respondent.2. Counter and rejoinder affidavits have been exchanged between the parties and the case was ripped for final disposal. A supplementary rejoinder affidavit sworn before a notary has been filed by the applicant in the proceeding in question, on account of which a preliminary objection was raised by learned counsel of opposite party to the effect that an affidavit sworn before a Notary cannot be accepted in proceeding before this Court, therefore, it became necessary to dispose of this question as a preliminary issue first before dealing with the main issue. Thus, a question arises for consideration whether an affidavit sworn before the notary is admissible or can be presented in a proceeding before this Court or not? In this connection learned counsel for opposite party has drawn our attention to the various rules contained in Chapter IV of ...
Shri Niwas Budhaulia S/O Sri Ganeshi Lal Budhaulia and ors. Vs. the Se ...
Court: Allahabad
Decided on: Oct-05-2005
Reported in: 2006(1)AWC930
Amitava Lala, J.1. These writ petitioners stated that the resolution dated 26th March, 2002 was passed by the Regional Transport Authority extending the permits of the petitioners on various dates on the condition that they shall pay additional tax at the enhanced rate. It is stated that the petitioners have been paying additional tax at the enhanced rate for the portion, for which they have been granted extension and they are operating their vehicles continuously for the last about one and half years uninterruptedly without any hindrance.2. On 31st May, 2003 the petitioners received demand notes dated 24th May, 2003 issued by the respondent No. 1, whereby the petitioners have been directed to deposit Rs. 4800/-, as fee for extension of the route, latest by 31st May, 2003. It was also mentioned in the demand notes that in the event of failure to deposit the said amount, the grant of extension in favour of the petitioners shall be stand cancelled automatically. Demand notes are impugned...
Chandulal Keshwani and ors. Vs. Balwant Singh and ors.
Court: Allahabad
Decided on: Oct-05-2005
Reported in: AIR2006All47; 2006(1)AWC848
ORDERSunil Ambwani, J.1. Heard Sri K.N. Saxena for appellants. No one appears for the respondents.2. The Original Suit No. 8 of 1974; Balwant Singh and others s. Chandulal and 7 others for recovery of Rs. 8,160/- against the defendants 1 to 7 and interest pendente lite and future, on the principal mortgage money of Rs. 4,000/- at the rate of 6% per annum was decreed on 4.5.1976. The Civil Appeal No. 101 of 1976 against the Judgment and Decree was dismissed by the District Judge, Jhansi on 30.6.1977. The Second Appeal, was admitted on 13.1.1978. The Court issued notice on ground Nos. 1 to 3 as substantial questions of law.1. Whether an auction purchaser in a mortgage decree purchases the property free of encumbrance when no encumbrance is shown in sale proclamation or not?2. Whether the plaintiffs decree holders who did not object to get their encumbrances shown in the sale proclamation are estopped from endorsing their mortgage for recovery of their mortgage money when they were aware ...
Amarunisa and ors. Vs. Mohammad Aslam and ors.
Court: Allahabad
Decided on: Oct-05-2005
Reported in: I(2006)ACC134
R.P. Misra1. The claim petition filed by the appellants was dismissed by the impugned order on the ground the claimants failed to establish that deceased died in the motor accident caused by rash and negligent driving by the driver of the truck No. U.T.A. 4786.2. The fact that the truck No. U.T.A. 4786 was involved in the accident was tried to be proved by the claimants by way of oral evidence. However, the Tribunal found that P.W. 1 and P.W. 3 produced on behalf of the claimants were not eyewitness. P.W. 2 though was produced as an eye-witness but his testimony was disbelieved on account of material contradiction in his statement. The Tribunal further found that no documentary evidence has been adduced which may have gone to establish that the truck in question was involved in the accident. Accordingly, the claim petition was rejected by the Motor Accident Claims Tribunal.3. Feeling aggrieved the claimants filed the present appeal. During the pendency of the appeal before this Court t...
Deepak Sharma S/O Sri Khem Chand Sharma Vs. State of U.P. Through Secr ...
Court: Allahabad
Decided on: Oct-04-2005
Reported in: 2005(4)AWC3806; 2005(4)ESC2333
B.S. Chauhan and Dilip Gupta, JJ.1. The petitioner, Sri Deepak Sharma who had responded to the advertisement issued by the New Okhla Industrial Development Authority (hereinafter referred to as the 'NOIDA') for allotment of a residential plot in terms of the 'Residential Plots Scheme-2004 (1) (hereinafter referred to as the 'Scheme') has filed Writ Petition No. 48287 of 2005 (hereinafter called the First Petition) for a direction upon the respondents to execute the lease-deed in his favour on the basis of the allotment letter and to accept the balance amount as per the Schedule mentioned in the Scheme. Subsequently by means of the amendment application the petitioner sought the quashing of the order dated 4.7.2005 published in the Times of India and Hindustan Times on 6.7.2005 cancelling the draw of lots held on 2.7.2005.2. It is the contention of the petitioner that pursuant to the announcement of the aforesaid Scheme by NOIDA he had submitted an application on 14.12.2004 for allotmen...
Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-04-2005
Reported in: 2005(4)AWC3745; 2005(4)ESC2489
Arun Tandon, J.1. These five connected writ petitions have been filed by 34 petitioners who have obtained a degree of MBBS and claim a right to be considered for admission to Post Graduate, Medical Courses of Aligarh Muslim University. For admission to Post Graduate Medical Courses of Aligarh Muslim University three modes have been determined (a) 25% of the total seats to be filled on the basis of All India Entrance Examination conducted by the All India Institute of Medical Sciences, New Delhi, commonly known as All India Entrance Examination; (b) The remaining 75% of the total seats have been divided to be filled as follows :(i) 25% of the total seats are required to be filled on the basis of entrance examination conducted by the Aligarh Muslim University in respect of its internal students commonly known as Entrance Examination for Internal Candidates; and(ii) the remaining 50% of the total seats are to be filled from external as well as internal candidates on the basis of entrance ...
Hari Saran Shanker Srivastava Son of Vikramaditya Lal Vs. Deputy Direc ...
Court: Allahabad
Decided on: Oct-04-2005
Reported in: AIR2006All39; 2006(1)AWC923
S.U. Khan, J.1. The only point involved in this writ petition is regarding interpretation of a Will executed by Late Laxmi Narain Srivastava on 27.2.1970.2. During consolidation proceedings petitioner filed objections under Section 12 of U.P. Consolidation of Holdings Act before the Consolidation Officer, Ghazipur stating therein that the agricultural land situate in Ghazipur, which earlier belonged to Laxmi Narain Srivastava, should be recorded in favour of petitioner-applicant on the basis of the aforesaid Will.3. Respondents 4 and 5 contested the proceedings and contended that even if the alleged Will was executed by Laxmi Narain Srivastava, it was confined to his agricultural land and other immovable property situate in district Nainital. The Consolidation officer, Ghazipur found that the Will appeared to have been executed. However, it held that the Will related to the immovable properties of the testator which were situate in district Nainital and not to the agricultural land of ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- Next ›
- Last »