Allahabad Court December 2005 Judgments
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Laxmi Shanker Son of Late Raja Ram and ors. Vs. Shyam Lal Son of Late ...
Court: Allahabad
Decided on: Dec-13-2005
Reported in: AIR2006All171; 2006(3)AWC2723
Poonam Srivastava, J.1. Heard learned counsel for the parties.2. This is defendants second appeal. The plaintiff-respondent instituted a suit in respect of Truck No. UP-42/5831. The plaint case was that the truck in question belong to late Raja Ram and after his death, his sons became the owner. The defendants agreed to sell the said truck for a consideration of Rs. Two lacs in favour of the plaintiffs. The transaction was through one Surendra son of Panna Lal. The sale letter was prepared in favour of the plaintiff by the defendants on 1.10.1993 and at that time Rs. 1,80,000/- was paid on the same day. The defendants opened an account in the Bank of Baroda branch Jahangirganj, District Faizabad and deposited the said amount. All the documents of the bank as well as receipt along with sale letter was handed over to the plaintiff by the defendants. According to the terms of the sale letter, the remaining amount of Rs. 20,000/- was to be deposited with the Financer Tata Engineering and L...
Riajul Hasan Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Dec-13-2005
Reported in: 2006(1)AWC515
Anjani Kumar, J.1. The petitioner, who is the tenant of an accommodation aggrieved by the order dated 2.12.1998, passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 which shall hereinafter be referred to as 'the Act' and the order passed by the revisional court dated 27.2.2001, approached this Court by means of this writ petition under Article 226 of the Constitution of India for quashing of the aforesaid orders and a further direction that the prescribed authority be directed to decide the application under Section 21(1)(a) of the Act filed by the landlord on merits after hearing the petitioner-tenant.2. The facts which emerge out of the pleadings of the parties are that the respondent-landlord filed an application under Section 21(1)(a) of the Act for the release of the accommodation in dispute for his personal bona fide requirement. The petitioner-tenant contested the aforesaid application by filing written statement. The prescribed authority before wh...
Satya Prakash Tiwari Alias Kallu and ors. Vs. Civil Judge (Junior Divi ...
Court: Allahabad
Decided on: Dec-13-2005
Reported in: 2006(1)AWC367
B.S. Chauhan, J.1. This writ petition has been filed raising the grievance that in spite of the fact that civil court passed an interim injunction in favour of the petitioner in the pending Civil Suit No. 85 of 2003, the respondents are not ensuring the compliance thereof.2. The facts and circumstances giving rise to this case are that a road is being constructed, and for that purpose, earth is being taken from the petitioner's land. Being aggrieved, he filed a Civil Suit No. 85 of 2003, Satya Prakash and Ors. v. Chairman, Awas Abhiyanta and Ors. Vide order dated 31.5.2005, the civil court, while entertaining the application for interim relief, directed the parties to maintain status quo. The copy of the said order was served upon the District Magistrate to ensure its compliance, but appropriate steps were not taken by him. Being aggrieved, the petitioners filed another application under Section 151, C.P.C. on 27.9.2005 for passing a more effective interim order but the said applicatio...
Mitrasen Ashok Kumar and ors. Vs. Ram Niwas
Court: Allahabad
Decided on: Dec-13-2005
Reported in: 2006(1)AWC391
Anjani Kumar, J.1. The petitioners-tenants of a shop by means of this writ petition under Article 226 of the Constitution of India question the orders passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 (in short 'the Act') in P.A. Case No. 29 of 2001 dated 22.5.2004 and also the order passed by the appellate authority dated 21.5.2005 whereby the appellate authority has affirmed the order passed by the prescribed authority releasing the accommodation in dispute in favour of the respondent-landlord under the provisions of Section 21 of the Act.2. The brief facts giving rise to the filing of the present writ petition are that the respondent-landlord filed an application under Section 21(1)(a) of the Act with the prayer that his application may be allowed and the accommodation in dispute which has been shown in the map attached to the application by the letters A, B, C, D, may be released in favour of the landlord. That the applicant is the landlord of the a...
Vindhyachal Vs. Iqbal Ahmad and ors.
Court: Allahabad
Decided on: Dec-13-2005
Reported in: 2006(1)AWC393
Poonam Srivastava, J.1. Heard Mrs. Swati Agarwal learned Counsel for the petitioner.2. An original suit was instituted by the petitioner seeking relief of permanent injunction against the defendant/respondents and also restraining them from changing the nature of the property in the court of 8th Additional Judicial Magistrate (Junior Division) Mohammadabad. The defendant/respondents also instituted a Suit No. 902 of 1994 in the same court. Vide order dated 20.5.2000, the Court decided a preliminary issue regarding valuation of the suit. In pursuance of the said order, the petitioner moved an application for amendment of the plaint and also to deposit excess court fee as per valuation of the suit. The application was remitted to the court concerned having pecuniary jurisdiction but the court neither called for a report nor allowed the amendment application. As a consequence, valuation remained as before, which was at the time of filing of the suit. This order was passed on 31.5.2000, wh...
Carbon Crafts Pvt. Ltd. Through Its Director Narayan Das Mandhyan Vs. ...
Court: Allahabad
Decided on: Dec-13-2005
Reported in: (2007)5VST197(All)
A.K. Yog, J.1. Carbon Crafts Pvt. Ltd., a private limited Company incorporated under Indian Companies Act, is registered under U.P. Trade Tax Act (called TT Act) and under Central Sales Tax Act (called CST Act). The petitioner owns a Factory at village- Dhanpalpur, Mohansarai, P.O. Raja Talab, Vranasi which carries on Electro Paste Carbon prepared from raw material 'Calcined Petroleum Coke' which is being imported by the petitioner from outside State of U.P. The Factory of the petitioner lies within territorial jurisdiction of Respondent No. 2/Deputy commissioner (Assessment-III) Trade Tax, Varanasi/Assessing Aurthority.2. According to the petitioner, raw material- 'Calcined Petroleum Coke' is a petroleum 'by product' obtained as residue during refining of crude petroleum and said product is purchased as raw material from Graphite India Limited, Phulwaria, P.O. Barauni, District-Begusarai (Bihar).3. The petitioner informed the Assessing Authority on 2-9-2005 that he is importing 'Calci...
Wahida Rehman Daughter of Rashid Khan Vs. Union of India (Uoi) Through ...
Court: Allahabad
Decided on: Dec-09-2005
Reported in: 2006(1)AWC362
Amitava Lala, J.1. The petitioner is a Pakistani National. On 6th August.1997 a governmental order was passed by the Under Secretary to the Government of India Ministry of Home Affairs/Groh Mantralaya saying that the petitioner obtained Pakistani Passport in 1994. By obtaining Pakistani Passport she preferred to renounce her Indian Citizenship voluntarily. Therefore, the Central Government in exercise of the powers conferred on it under Section 9(2) of the Citizenship Act, 1955 and the Rules made thereunder had no hesitation whatsoever to declare her a Pakistani National for the act of renouncing her Indian Citizenship after 25th January,1994 when she obtained second Pakistani Passport and became major.2. Writ jurisdiction of this Court was invoked on 27th February,1998 and an interim order was obtained from a Division Bench of this Court on 1st April, 1998 to the extent that petitioner shall not be deported for the time being. That interim order was continued time to time.3. At the ti...
Laxman S/O Hukam Chand and ors. Vs. State of U.P. and Smt. Sunita Wife ...
Court: Allahabad
Decided on: Dec-09-2005
Reported in: II(2006)DMC442
M.K. Mittal, J.1. Heard Sri. R. B. Saxena the Learned Counsel for the applicant, Sri. S.B. Singh the learned counsel for the opposite party No. 2 and the learned A.G.A. and perused the record. The learned counsel for the applicant has prayed to delete he names of the applicants No. 4 and 5. He is allowed to do so.2. The application under Section 482 Cr.P.C., has been filed to quash the charge sheet dated 16.7.05 in case no 530/2005 State v. Laxman and Ors. under Sections 498A, 323, 506 I.P.C., and 3/4 Dowry Prohibition Court P.S. Kosikalan District Mathura.3. The brief facts are that opposite party No. 2 Smt. Sunita wife of applicant No. 1 filed an application under Section 156(3) Cr.P.C., alleging that the accused persons ill treated and harassed her and beat her as she could not fulfil dowry demand and was finally turned out of the house on 8th May 2005, at about 10 p.m. Even her nose was broken by the accused applicants. The Learned Magistrate by order dated 5th July 2005 directed f...
Commissioner of Income Tax-ii, Lucknow Vs. Sahara Airlines Ltd.
Court: Allahabad
Decided on: Dec-09-2005
Reported in: [2006]152TAXMAN646(All)
ORDER1. This is a Bench of four appeals filed under section 260A of the Income Tax Act with respect to the different assessment years, namely, 1998-99, 1999-2000, 2000-01 and 2001-02.2. The substantial question of law which arose for consideration is to the effect, whether the assessee, who has not deducted the tax at source, can still be levied penalty under section 272A(2)(g) of the Income Tax Act for not issuing the certificates of tax deducted, as per the requirement of section 203.3. The assessing officer as well as the Commissioner (Appeals) levied the penalty under the aforesaid provision whereas the Income Tax Appellate Tribunal has condoned the said penalty after holding that since the tax was not deducted at source, the penalty could not have been imposed for not issuing the certificates.4. The Tribunal has further found that there is no dispute to the fact that that the assessee deposited the TDS with the Central Government on 17-2-2003 for the assessment year 1998-99 to ass...
Khaman Singh S/O Haripal Singh Vs. State of U.P. Through Secretary, De ...
Court: Allahabad
Decided on: Dec-09-2005
Reported in: 2006(4)AWC3403
A.P. Sahi, J.1. Heard Sri Ashok Khare, learned Senior Counsel, for the Petitioner, Sri A.K. Yadav for the Respondent No. 2 and learned Standing Counsel for the Respondent No. 1.2. The prayer in this Writ Petition is for a direction to the Respondent No. 2 to declare the result of the petitioner, who claims himself to be duly selected for appointment as an Assistant Teacher in LT Grade (Physical Education) under the category of ex-service man pursuant to the advertisement No. 1 of 2004. The petitioner contends that his result are not being declared on the ground that the petitioner does not qualify within the definition of the words 'ex-serviceman' as contained in The Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents of Freedom Fighers and Ex-Servicemen) Act, 1993 in short 'U.P. Act No. 4 of 1993' referred to herein after.3. The facts, which are admitted are that 30.11.2004 was the last date of filling up of the application forms under the Advertisement p...
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