Allahabad Court December 2005 Judgments
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Usha Jewellers Pvt. Ltd. and ors. Vs. Union Bank of India (Uoi)
Court: DRAT Allahabad
Decided on: Dec-08-2005
Reported in: III(2006)BC243
1. Both the appeals have been heard analogous and judgment is also being passed in common as the matter in issue between the parties are the same and arise out of the same Original Application in T.A. No.380/02. R-482/05 has been preferred by the appellant Nos. 1, 2 and 3, who were originally defendant Nos. 2, 3 and 6 in Original Application while R-519/05 has been preferred by three appellants who were originally defendant Nos. 1, 4 and 5 respectively in the original application. R-482/05 is against the dismissal order dated 23rd December, 2004 passed in M.A. No. 103/03, whereby and whereunder the application filed by the appellants i.e. defendant Nos. 2,3 and 7 for setting aside the ex pane judgment passed on 13th March, 2003 in T.A.No. 380/02, while R519/ 05 has been preferred by the original defendant Nos. 1, 4 and 5 and applicants in misc. application No. 69/03 disposed of on 28th January, 2004 for review of. the order passed in misc.application being Review Application No. 01/04...
Dharmendra Singh Son of Sri Anadi Prasad Singh and ors. Vs. the State ...
Court: Allahabad
Decided on: Dec-08-2005
Reported in: 2006(1)AWC31
Arun Tandon, J.1. This bunch of 51 writ petitions has been filed by petitioners who have obtained Diploma in Pharmacy and seek appointment on the post of Pharmacist under the provision of U.P. Pharmacist (Allopathic) Service Rules, 1980. The petitioners may be categorised into 2 groups for disposal of these petitions.(A) Petitioners who have obtained the diploma in Pharmacy prior to the year 1998 and had applied for being considered for appointment on the post of Pharmacist in pursuance of the Advertisement dated 25.8.1998.(B) Petitioners who have obtained diploma in Pharmacy subsequent to year 1998 and had not applied in pursuance of the Advertisement dated 25.8.1998.2. Appointments on the post of Pharmacist is made in accordance with Rule 15 of the Pharmacist Service Rules, 1980 for reference the same is being quoted herein below:Procedure for Direct Recruitment:-(1) For the purpose of recruitment there shall be constituted a Selection Committee comprising -1. Additional Director, to...
Sameer Ispat Vs. Cestat
Court: Allahabad
Decided on: Dec-08-2005
Reported in: 2006(194)ELT26(All)
ORDER1. Heard Shri A.P. Mathur, learned Counsel for the petitioners and Ms. Aradhana Chauhan, learned Counsel for the Department.2. The present writ petition has been filed against the order dated 5th October 2005 issued on 20th October 2005 by the Customs Excise and Service Tax Appellate Tribunal, New Delhi by which the Tribunal partly allowed the Waiver Application filed by the petitioner, not full waiver of the precondition of deposit of demand for the entertainment of appeal. The Tribunal by the impugned order has directed the petitioner to deposit a sum of Rs. 15 lakhs as against the out standing dues amounting to Rs. 56,06,662.00 besides the penalty.3. Learned counsel for the petitioner within his vehemence at his command submitted that Tribunal committed illegality in not to granting full waiver. He submitted that the petitioner's unit is lying closed since 1997. The demand was raised and the duty was levied on the basis of certain documents recovered at the Dharamkanta. Those d...
Dr. Radhey Shyam Singh Son of Late Shri Krishun Singh Reader, Tilakdha ...
Court: Allahabad
Decided on: Dec-08-2005
Reported in: 2006(1)AWC371
Amitava Lala, J.1. According to the petitioner, he is the senior most teacher (Reader) in Tilakdhari Post Graduate College, District Jaunpur, Uttar Pradesh (here in after referred to as the 'College'). It is a Post Graduate College affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur. The affairs of the college are managed by a duly recognized committee of management.The provisions of Uttar Pradesh State Universities Act, 1973, First Statute of the University and Uttar Pradesh Higher Education Service Commission Act, 1980 are applicable for the purpose of administration of the college, selection and service conditions of the teachers. It receives financial aid from the State Government. Liabilities for the purpose of payment of salary lies with the State Government.2. The regular Principal of the college had reached his age of superannuation on 30th June, 2000. The petitioner by virtue of his seniority was appointed as Officiating Principal by a resolution of the committee...
Smt. Saroj Gupta W/O Dev Nath Gupta and Rama Shankar Gupta S/O Tribhuw ...
Court: Allahabad
Decided on: Dec-07-2005
Reported in: 2006CriLJ1045
Poonam Srivastava, J.1. Heard Sri B.B. Jauhari, learned counsel for the applicant and learned A.G.A for the State.2. Inherent power of this Court has been invoked challenging the proceedings in criminal case No. 3674 of 2004. Ram Ratan V. Dev Nath Gupta and Ors., under Sections 420, 467, 468, 471, 406 I.P.C. Police Station Sadar Bazar. District Shahjahanpur and also order dated 4.8.2005 passed by Additional Chief Judicial Magistrate, Shahjahanpur summoning the applicants.3. The brief facts of the case are that one Sri Ram Ratan Gupta moved an application under Section 156(3) Cr PC. and an order was passed on 28.2.2003 for registration of the first information report and to investigate the matter. in pursuance to the order of the Magistrate, the police investigated and submitted a final report stating therein that no case is made out against the accused on 19.4.2003. A protest petition was filed by the complainant Ram Ratan Gupta but the proceedings on the basis of protest petition was ...
Nisar Ahmad S/O Faizullah Vs. Registrar/inspector Arabi, Farsi Madarsa ...
Court: Allahabad
Decided on: Dec-07-2005
Reported in: 2006(3)AWC2720
A.P. Sahi, J.1. Heard learned counsel for the petitioner Sri Prakash Padia. learned standing counsel for the respondent Nos. 1, 3 and 4 and Sri Wasim Alam for the respondent No. 5 and 6.2. All the respondents have filed counter affidavit to which reply has been filed by the petitioner.3. The challengers to the order passed by the respondent No. 1 dated 10.2.05 whereby the appeal of the petitioner against the appointment of the respondent No. 5 has been rejected and a finding has been recorded against the petitioner that he was not qualified and eligible to be appointed initially as he was less then 18 years of age on the date of his appointment.4. The contention on behalf of the petitioner is that the respondent No. 5 is not qualified for being appointed on the post she does not possess the minimum educational qualification/experience as prescribed under the Arabic and Farsi Madarsa Rules 1981 copy whereof is Annexure 1 to the writ petition. It has been further stated that the experien...
Commissioner of Income-tax Vs. J.K. Synthetics Ltd.
Court: Allahabad
Decided on: Dec-07-2005
Reported in: [2008]296ITR501(All)
1. The Income-tax Appellate Tribunal, Delhi, has referred the following three questions of law for the opinion of this Court in pursuance of the order passed by the Supreme Court in Civil Appeal No. 1172 of 1991.1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that no case was made out by the Revenue for rejecting the accounts and for making an addition of Rs. 64,92,710 in the trading account on account of excessive wastage in the production of nylon yarn in the assessee factory?2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in basing its conclusion with regard to wastages in the production of nylon yarn on the later certificate dated March 21, 1975, in preference to the earlier certificate dated December 21, 1971, of BASF produced before the Income-tax Officer?3. Whether, on the facts and in the circumstances of the case, the Tribunal can be said to have permitted the assesse...
Ram Chandra Vs. Kalyan Singh and ors.
Court: Allahabad
Decided on: Dec-07-2005
Reported in: AIR2006All184
ORDERPoonam Srivastava, J.1. Heard learned Counsel for the petitioner.2. The orders dated 23.11.2005 and 26.7.2004 passed in execution proceedings are challenged in the Present writ petition. The petitioner is defendant/judgment debtor. The respondent/decree-holders filed a suit No. 46 of 1993 in the court of Civil Judge, Bulandshahar for specific performance of agreement. The agreement to sell was registered document in respect of plot No. 447 area 18 Biswa, 3 Biswansi situated in village Kalan Kasar, Paragana Debal, District Bulandshahar for a sum of Rs. 35.000/ - (Rupees thirty five thousand) and Rs. 13.000/- (Rupees thirteen thousand) was paid towards earnest money and balance amount of Rs, 22,000/- (Rupees twenty two thousand) was to be paid at the time of execution of sale deed. Since, sale deed was not executed, the suit was instituted, which was decreed on 9.9.1994. An appeal filed by the petitioner against the aforesaid Judgment and decree of the trial court was dismissed on 7...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006(1)AWC134
Shishir Kumar, J.1. This writ petition has been filed for quashing the impugned award dated 17.5.19992. The facts arising out of the present writ petition are that respondent No. 3 was working on the post of Assistant Mechanic in the U.P. State Road Transport Corporation. On 24.12.1987 a departmental test was conducted for preparing a select list/merit list of the Assistant Mechanics who would qualify in the test for considering their names for promotion to the post of Mechanic. Respondent No. 3 also appeared in the said test and was placed at Serial No. 139 of the select list of the candidates who had qualified in the lest. Thereafter, respondent No. 3 raised an industrial dispute on the basis that he has not been promoted as per the select list whereas the junior to the respondent No. 3 has been given promotion. The said dispute was referred by the Stale Government under the powers conferred by Section 4-K of the Industrial Disputes Act, vide order dated 27.1.1999 to the Labour Court...
The Club Orient Resorts a Unit of Orient Orchards Pvt. Ltd. (a Company ...
Court: Allahabad
Decided on: Dec-06-2005
Reported in: 2006(1)AWC646
1. Heard Sri Shashi Kant Gupta, learned counsel for the petitioner and Sri S.P. Kesharwani, learned Standing Counsel for the respondents.2. The Club Orient Resorts is a Unit of Orient Orchards Pvt. Ltd. (A company incorporated under the Companies Act, 1956). It applied for grant of licence in Form FL-7C under the U.P. Permit for Possession of Foreign Liquor by Club Rules, 1980.3. By the impugned order dated 31.12.2004 (Annexure 8 to the writ petition) the District Excise Officer, Kanpur Nagar, U.P. Allahabad has cancelled the licence in view of judgement of this High Court delivered in Writ Petition no. 393 of 2002 - Vision Club a Division of A.M. Constructions v. Commissioner of Excise U.P., Allahabad and Ors. decided on 22nd September, 2004, where in it has been held that such licence cannot be granted as the applicant is not registered either under the Companies Act, 1956 or the U.P. Co- operative Societies Act, 1965 or under the Societies Registration Act, 1860.4. Aggrieved against...
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