Allahabad Court November 2005 Judgments

Davendra Singh Vs. Sukhrani and ors.

Court: Allahabad

Reported in: II(2006)ACC11

V.C. Misra, J.1. Heard learned Counsel for the parties and perused the record of the case.2. F.A.F.0.2370 of 2003 has been filed by the appellant against the judgment and award dated 30.5.2003 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Kanpur Nagar, in Motor Accident Claims Petition No. 581 of 2000, Sukhrani v. Devendra Singh on 30.5.2003. This appeal was admitted and an interim stay order was passed staying operation of the aforementioned b impugned judgment and award dated 30.5.2003, inter alia, with the conditions that the appellant shall deposit entire amount of compensation with the concerned Motor Accident Claims Tribunal within eight weeks from that day and the claimants shall be entitled to withdraw 50% of the total amount under award in question without furnishing security and the balance 50% of the amount only on furnishing security other than cash or bank guarantee on being so deposed by the appellant. It was also specifically provided in the sa...

Khalid Nizami Alias Sullu Son of Sheikh Mohammad NizamuddIn Vs. State ...

Court: Allahabad

Reported in: 2006(2)AWC1534

Ashok Bhushan, J.1. Heard Sri B.N. Tiwari, learned counsel for the petitioner and Sri T.P. Singh and Sri Deo Prakash Singh appearing for respondents No. 2 and 3.2. By this writ petition, the petitioner has prayed for quashing the order dated 21' May, 1999 passed by the appellate Court dismissing the misc. appeal filed by the appellant against the order dated 22nd March, 1999 passed by the trial Court in Original Suit No. 155 of 1995 allowing the application filed by the contesting respondents under Order XXXIX Rule 4 of the Code of Civil Procedure. Another relief claimed in the writ petition is to issue a direction in the nature of mandamus declaring Clause B of the Bye -laws framed by the Zila Panchayat Ballia published In the U.P. Gazette dated 23rd July, 1997 as invalid and ultra vires the parent statute or 'Model Bye- laws'.3. The petitioner has also amended the writ petition by adding another relief praying for a writ, order or direction in the nature of certiorari quashing the or...

Smt. Sushila Verma W/O Sri Nishith Verma Vs. State of Uttar Pradesh,

Court: Allahabad

Reported in: 2006(2)AWC1492

Vineet Saran, J.1. The petitioner had purchased certain agricultural land measuring 11 Biswas (1254 Sq. meters). According to the petitioner, the said land was purchased for Rs. 1,65,000/-. The stamp duty on the said sale price, which amounts to Rs. 16,500/-, had been paid by the petitioner. However, assessing that the land was undervalued and the stamp duty paid was insufficient, the Sub-Registrar, Phulpur, district Allahabad impounded the document and referred the matter to the District Magistrate, Allahabad under Sections 33 and 47A of the Indian Stamp Act. By the order dated 5.8.2002 the Collector, Allahabad assessed the value of the land in question at the rate of Rs. 700/- per Sq. meter which was the minimum price as per the circle rate for residential plots of the area, which was between Rs. 700/- and 800/- per Sq. meter. Accordingly, the price of the land was assessed to be Rs. 8,77,800/-.Challenging the said order, the petitioner filed a revision before the Commissioner, Allah...

Uttar Pradesh Rajya Sahakari Bhumi Vikas Bank Ltd. Through Its Managin ...

Court: Allahabad

Reported in: [2006(108)FLR393]

V.C. Misra, J.1. Heard learned Counsel for the parties at length and perused the material on record.2. The present writ petition has been filed challenging the impugned award dated 19.11.1996 annexure-1 to the writ petition passed by respondent No. 1.3. The facts of the case in brief are that the respondent No. 2 was appointed as a daily wager in the petitioner-establishment on account of exigency of work on 21.10.1983 and thereafter he worked as a daily wager with effect from 1.7.1986, and when he requested for being regularized, his services were dispensed with from 1.7.1986 without compliance of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act). Being aggrieved, the respondent No. 2 raised an industrial dispute and the State Government exercising the power under Section 4-K of Industrial Disputes Act, 1947 referred the dispute and Adjudication Case No. 5 of 1993 was registered. The dispute under Section 4-K is as follows:Kya...

Dinesh Kumar Verma Son of Rameshwar Verma Vs. Smt. Suman Verma Wife of ...

Court: Allahabad

Reported in: 2006(2)AWC1541; I(2006)DMC176

Anjani Kumar, J.1. Heard learned Counsel for the petitioner.2. The petitioner-husband, plaintiff in a matrimonial suit, aggrieved by an order passed by the Family Court on an application filed by the wife-defendant under Section 24 of the Hindu Marriage Act, whereby the Family Court has granted a sum of Rs. 1,500/- per month as interim maintenance and a lump sum amount of Rs. 2,000 for contesting litigation, approached this Court by means of this writ petition under Article 226 of the Constitution of India.3. Learned Counsel for the petitioner has submitted that the Court has not considered the fact that husband has no independent source of income and further that he is fully dependant on his father, therefore, the order impugned deserves to be quashed. The provision of Section 24 of Hindu Marriage Act is reproduced below:-24.Maintenamce pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the...

Smt. Prem Kumari and anr. Vs. Smt. Uma Devi and anr.

Court: Allahabad

Reported in: 2006(2)AWC1612

Vineet Saran, J.1. On the basis of an agreement to sell dated 11.11.1983 having been executed by Badri Narain Pathak, in favour of Badri Prasad Dhawan, for selling his l/3rd share of the house in question for a consideration of Rs. 40,000, for which an advance of Rs. 22,000 had been paid, said Badri Prasad Dhawan filed Original Suit No. 13 of 1984 in the court of Civil Judge, Varanasi on 9.1.1984. The property in question was attached by the order passed by the Civil Judge. Immediately thereafter on 1.3.1984, Petitioner No. 1 Smt. Prem Kumari, who is wife of Badri Narain Pathak, filed Original Suit No. 544 of 1984, praying for a decree of specific performance against her husband Badri Narain Pathak for executing the sale deed of the property in question in pursuance of an alleged agreement to sell l/3rd of his share of the house in question having been executed on 3.3.1981 for a consideration of Rs. 10,000 out of which Rs. 3,000 had been paid in advance. The said Badri Narain Pathak co...

Cit, Lucknow Vs. Harbhajan Sarabjeet and Associates

Court: Allahabad

Reported in: [2006]151TAXMAN27(All)

1. Heard the learned counsel for the applicant Sri Pradeep Agarwal and Sri S.M.K. Chaudhary for the assessee.2. These are two references under section 256(2) of the Income Tax Act challenging the assessment orders passed in income-tax appeal by the Income Tax Appellate Tribunal for the assessment year 1986-87 decided vide order dated 22-4-1998.3. The assessee is a registered firm. The two points, which became subject matter of consideration before the Commissioner, Income Tax (Appeals) as well as the Income Tax Appellate Tribunal are to the following effect: (i) whether the assessee was entitled to 100 per cent depreciation on shuttering material; and (ii) whether relief of Rs. 21,100 being the disallowance out of interest for not charging adequate interest from the sister concern i.e., M/s. Poonam Biscuits has rightly been given.4. In respect to the 100 per cent depreciation on shuttering material, the parties no more dispute that the matter is covered by the judgment in Harijan Evam ...

Shamsher Yadav Vs. Union of India (Uoi) and ors.

Court: Allahabad

Reported in: 2006CriLJ708

Vinod Prasad, J.1. The petitioner has filed the present habeas corpus petition challenging the detention order 25.3.2005 (Annexure 1 to the writ petition) passed by the District Magistrate, Mau, exercising power under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as the Act'). The grounds of detention under Section 8 of the Act as perceptible from Annexure 2 to the writ petition are -1. Sangram Singh was found roaming with the licensed D.B.B.L. gun and cartridges, which stood in the name of petitioner on 3.3.2004 and he was arrested by Aftab Ahmad Khan, Incharge Inspector, P.S. Mohammadabad Gohana, District Mau. On the basis of the said activity case crime No. 122 of 2004 under Section 25/30 Arms Act was registered against him in which the charge-sheet was submitted on 2.3.20052. Chandra Bhushan Singh @ Bhushan Singh and Rudal Singh @ Rudra Pratap Singh, both residents of village Kyampur have organized a gang, because of land rivalry and on 26.9.2004 at 9 p.m...

Jay Shree Tyres and Rubber Products Vs. Commissioner of Trade Tax

Court: Allahabad

Reported in: (2009)20VST31(All)

Prakash Krishna, J.1. The revision is directed against the order dated August 15, 1995 passed by the Trade Tax Tribunal, Bench I, Allahabad in Second Appeal No. 624 of 1993 whereby it dismissed the appeal filed before it by the dealer-applicant.2. The dealer-applicant is carrying on the business of manufacture and sale of tyres and tubes and the dispute in the present revision pertains to the assessment year 1985-86 under the U.P. Trade Tax Act. The Assistant Commissioner (Assessment), Sales Tax, Allahabad by his order dated April 10, 1989 accepted the account books as well as the disclosed turnover. But it in respect of certain items rejected the claim of exemption. This order was challenged by the applicant by way of appeal under Section 9 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as, 'the Act'). The first appellate authority namely Deputy Commissioner (Appeals) by the order dated February 6, 1990 allowed the appeal in part. He set aside the assessment order under appe...

The State of U.P. Vs. Ghurey Lal S/O Mewa Ram S/O Ghari Khanjar Overruled

Court: Allahabad

M. Chaudhary, J.1. This is government appeal filed on behalf of the State of U.P. from judgment and order dated 28^th of October 1980 passed by IV Additional Sessions Judge Agra in sessions trial No. 472 of 1979 State v. Ghoorey Lal acquitting the accused of the charge levelled against him under Sections 302 and 307 IPC.2. Brief facts giving rise to this appeal are that at 6:15 p.m. on 14^th of March. 1979 Shiv Charan. uncle of deceased Ghoorey Lal lodged an FIR at police station Barium, District Agra situate at a distance of 4 1/2 miles from village Garhi Khanjar alleging that in the evening of 14^th of March 1979 Chhittar Singh was distributing Gur at the residence of Kanchan Singh, that at about 4:15 p.m. that very evening Shiv Charan and his nephew Ghoorcy Lal son of Khacher Singh alongwith Natthi Lal. Yad Ram, Bishambhar and Brij Raj Singh were going back to their respective houses after taking Gur and as they reached near the 'baithak' of Ghoorey Lal son of Mewa Ram who,was stand...