Allahabad Court February 2005 Judgments
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Ramesh Narayan Tripathi S/O Late Surya Narayan Tripathi and Gaya Prasa ...
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(2)ESC1057; [2005(105)FLR906]; (2005)2UPLBEC1326
Sunil Ambwani, J.1. Heard learned counsel for the petitioner and Sri C.B. Yadav, learned Chief Standing Counsel for respondents.2. The petitioner is serving as a Home Guard. By this writ petition, he has prayed for quashing an order dated 31.1.2005 by which he is sought to be superannuated at the age of 58 years. Learned counsel for the petitioner submits that once the petitioner is called on duty, he holds a civil post. He has relied upon a Division Bench judgment of State of U.P. v. Dashrath Singh Parihar in Special Appeal No. 363 of 1997 decided on 26.8.2004,in which this Court had distinguished the Judgment in Riasat Ali v. State of U.P. and Ors. 2003(4) ESC (Alld), 1964 and held that when he is not enrolled under Section 7(2) of the Home Guard Act, 1963, a Home Guard can take up a private service and then he would obviously not be holding a civil post but when he was called on duty he holds a civil post and in that case explanation of Section 10 of the Act is not attracted. It was...
The Commissioner, Trade Tax Vs. Cross Breeding Project
Court: Allahabad
Decided on: Feb-22-2005
Reported in: (2007)8VST61(All)
Rajes Kumar, J.1. Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 15.06.1995 relating to the assessment year 1989-90.2. Dispute relates to the taxability of 'Frozen Semen'. Semen is extracted from bull and are kept in a container having liquid nitrogen to avoid its decay. Such semen are called as Frozen semen and are required for insemination of the cows.3. Dealer/opposite party (hereinafter referred to as 'Dealer') is a unit of Pradeshik Cooperative Dairy Federation, Government of U.P. and used to supply the frozen semen. Assessing authority levied the tax on the turn over of frozen semen treating it as an unclassified item. Dealer filed appeal, which was rejected. Second appeal filed by the dealer has been allowed and the turn over Frozen semen has been held non-taxable. Tribunal held that Frozen semen as dairy product. It has been also held that the process of extraction of semen and its prese...
State of U.P. Through Divisional Director, Social Forestry Division Vs ...
Court: Allahabad
Decided on: Feb-22-2005
Reported in: [2005(105)FLR391]; (2005)IIILLJ645All; (2005)2UPLBEC1751
Rakesh Tiwari, J.1. Heard counsel for the petitioner and Sri Y.K. Sinha for the contesting respondent.2. This writ petition has been filed by the State of U.P. challenging the validity and correctness of the impugned ex-parte award dated 13.11.1997 as well as of the impugned order dated 5.8.2000 passed by the Labour Court dismissing the application moved by the petitioner for recall of the aforesaid ex-parte award Which was published on 1.6.1998 and became enforceable under Section 6-A of the Industrial Disputes Act after 30 days of the expiry of the publication, i.e., w.e.f. 1.7.1998. The petitioner filed an application on 26.9.1998 for setting aside the impugned ex-parte award, but the same was rejected by respondent No. 1.3. This Court after discussing the case laws on the question of limitation for recall of the order of award to proceed ex-parte under Section 16(2) of the Industrial Disputes Act as well as the provisions of the Limitation Act held as under: -'Limitation Act, 1963 ...
Food Corporation of India, Through Its Sr. Regional Manager and the Di ...
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(2)ESC1367; [2005(105)FLR914]; (2005)IIILLJ80All
Arun Tandon. J. 1. Heard learned counsel for the petitioner, Sri Ram Kishun Misra, learned counsel for the respondent No. 3 and learned Standing Counsel for the respondent Nos. 1 to 4. 2. One Sri Sukuru Ram Verma was initially appointed in the employment of Food Corporation of India on 14th August, 1969. Sri Sukuru Ram Verma was subsequently promoted as Assistant Grade . While Sri Sukuru Ram Verma was working as Assistant Grade T, disciplinary proceedings were initiated by the employers, which culminated in imposition of penalty , whereby the workman was reduced to Assistant Grade III w.e.f. 30th November, 1983 vide order of the same date, Feeling aggrieved by the aforesaid order of punishment, the workman filed writ petition No. 27026 of 1990 before this Court. This Court on 8th November, 1990 passed an interim order to the following effect: "Issue notice. Meanwhile the impugned reversion order dated 3rd November, 1983, shall not be given effect to unless the said order has already be...
The Oriental Insurance Company Ltd. Vs. Smt. Ramwati and ors.
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(3)AWC2980
Sushil Harkauli and Sabhajeet Yadav, JJ.1. We have heard learned counsel for the appellant.2. The contention of the appellant which is an Insurance Company is that the deceased Harish Babu Rawat was not injured in the accident and he died in some other manner.3. We find from the impugned order that the Motor Accident Claims Tribunal has recorded the finding about the injury caused to Harish Babu Rawat in the accident, on the basis of the statement of a witness Vikram Singh coupled with the post-mortem report of Harish Babu Rawat. The statement of Vikram Singh has been enclosed as the first annexure to the supplementary affidavit. In the examination-in-chief, Vikram Singh has stated that he was present in the tempo at the time of accident and that he also received injuries as a result of the accident. These two facts have not been challenged at all in the cross-examination and, therefore, the presence of Vikram Singh at the time of accident in the tempo is admitted. Vikram Singh has als...
Mata Prasad Vs. Vijai Kumar and anr.
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(1)ARC779
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the order dated 31st May, 2003, passed by the prescribed authority and the order dated 29th October, 2004, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, copies whereof are annexed as Annexure Nos. 'XI' and 'XII', respectively, to the writ petition.2. The brief facts of the present case are that the petitioner is the tenant of the accommodation in question, which is a shop from where he is carrying on his business. The aforesaid shop was let out to the tenant-petitioner in the year 1982. The landlord-respondent filed an application under Section 21 (1) (a) of the U.P. Act No. XIII of 1972, (In short 'the Act'), for the release of the accommodation in question in favour of the landlord on the ground that the landlord requires the aforesaid shop in question to settle his two sons, namely, Manish Kumar, who did his ...
Leeladhar Vs. Additional District Judge and anr.
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(1)ARC777; 2005(3)AWC2586
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India been filed by the petitioner-tenant challenging the order dated 27.1.2001 passed by the trial Court and the order dated 14.8.2002 passed by the revisional Court, whereby the- revision filed by the petitioner-tenant has been dismissed. The facts leading to filing of the present writ petition are as under:2. That the plaintiff-respondent filed a suit with the allegation that the defendant-petitioner is the tenant of two shops at the monthly rent of Rs. 200/- per month in the building No. 11/100 Turkman Gate, Aligarh, which is owned by the plaintiff. That the petitioner-tenant has not paid rent since March, 1993. That a notice demanding rent and terminating his tenancy dated 23.11.1993 was served on him but in spite of service of the notice, neither rent was paid nor shop was vacated. The petitioner-tenant filed written statement wherein he has taken the stand that he is not the tenant of the plaintiff-re...
Jagdish Kumar Monga Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(1)ARC792; 2005(3)AWC2156
Anjani Kumar, J.1. Heard learned Counsel appearing on behalf of the petitioner.2. The petitioner-tenant, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 10th January, 2005, passed by the Appellate Authority in Rent Appeal No. 5 of 1994, before whom the appeal under the provisions of the U.P. Act No. XIII of 1972 is pending, whereby the appellate authority rejected the applications 40 Ka and 65 Ka filed by the petitioner-tenant.3. The facts as narrated in the writ petition are that the petitioner-tenant filed an application 40 Ka by which he sought amendment in his written statement and by the application 65 Ka, the petitioner again sought amendment in his written statement by adding new ground. A perusal of these applications and the amendment proposed to be made clearly demonstrate that by way of amendment application, the petitioner-tenant wants to brought certain new facts as per the version of the petitioner which has...
S.C. Bhattacharji Vs. Meerut Cantonment Board
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005(3)AWC2613; 2005(2)ESC1029
Rajes Kumar, J. 1. In these two writ petitions, dispute relates to the demand of property tax under Cantonment Act, 1924 (hereinafter referred to as 'Act') from bungalow No. 113, Hill Street, Meerut Cantt., Meerut.2. It is claimed that in some part of bungalow No. 113, Hill Street, Meerut Cantt., Meerut, Chirag Junior School is being run and in the remaining part residence of Principal and the staff of the College exist. The claim of the petitioner is that the building is exempted from property tax under Section 99(2)(b) of the Act. Writ Petition No. 1307 of 2003 arises from the appellate order dated 27th September, 2003 passed by the Additional District Judge, Meerut and Writ Petition No. 1308 arises from the appellate order dated 17th October, 2003 passed by the Additional District Judge, Meerut.Writ Petition No. 1307 of 2003 :3. Brief facts of the case are that on 29.4.2002, a notice under Section 68 of the Act was issued to the petitioner proposing to revise the annual rental value...
Mathura Prasad Vs. State of U.P.
Court: Allahabad
Decided on: Feb-22-2005
Reported in: 2005CriLJ2741
ORDERR.C. Deepak, J.1. This is a criminal appeal against the judgment and order of the then Special Judge, N. D. P. S. Act, Kanpur Dehat dated 4-1 -2002 in Special Sessions Trial No. 98 of 1999 convicting and sentencing the accused-appellant under Sections 18/20 of the N. D. P. S. Act to 10 years rigorous imprisonment and a fine of Rs. 1 lac and in default of payment of fine he shall further undergo 2 years rigorous imprisonment.2. I have heard Smt. Pratima Singh and Agnipal Singh, learned counsel for the accused-appellant, learned Additional Government Advocate for the State and perused the record.3. According to the first information report, allegations, the Station Officer, started from police station Gajner, district Kanpur Dehat with a posse of police personnel vide G.D. No. 17 dated 1-8-1998 by official jeep DW/DW/A171 /2005/GSD-ABD/AKC/6081 /2005 for the search and arrest of some wanted criminals and was busy in the said work. On receiving an information from informer that Mathu...
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