Court : Allahabad
Reported in : (2006)205CTR(All)384; 2006[4]STR18
ORDER1. By means of the present Writ Petition filed under Article 226 of the Constitution of India the Contractors Association through its Secretary Mahehdra Nath Pandey seek the following relief:(i) Issue a Writ order or direction in the nature of Mandamus directing the respondent No. 1 and 2 to provide service tax to the members of the petitioner from the date of its applicability on the amount accrued thereon.(ii) Issue a Writ order or direction in the nature of Mandamus directing the respondent No. 2 to decide and dispose of application submitted by the members of the petitioner with regard thereto forthwith.(iii) Issue a Writ order or direction in the nature of Mandamus directing the respondent No. 2 to remit the service tax to its petitioner not being made subject of penalty or interest by the respondent no. 3.(iv) Issue any other suitable Writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circum stances of the case.(v) Award cost of the pet...
Tag this Judgment!Court : DRAT Allahabad
Reported in : III(2006)BC67
This appeal has been preferred against the order dated 20th November, 2003 passed by the then Presiding Officer, D.R.T., Allahabad in M.A.No. 99/03, whereby and whereunder the application filed under Section 22(2)(g) of the RDDBFI Act, 1993 (henceforth shall be referred to as the Act) for setting aside of the ex pane judgment dated 12th April, 2002 passed in T. A. No. 325/2000 has been rejected.1. There is a chequered history of the case. The appellant happens to be one of the partners of Mahavir Ji Sugar Industries. The said Sugar Industries had taken loan from the erstwhile Kashi Nath Seth Bank Limited the credit facility to the tune of Rs. 15 lacs together with interest 18% per annum with quarterly rest and also cash credit limit of Rs. 10 lacs @ same interest subject to revision by the guidelines of R.B.I. which is raised to 20% per annum with quarterly rest plus 0.75% State Tax. All the partners of the defendant No. 1 firm were made parties in the suit filed be fore the Civil Cou...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3893
Arun Tandon, J.1. Heard Sri V.K. Singh Advocate on behalf of Sri Gupteshwar Tiwari, Sri Santosh Kumar Singh on behalf of Gupteshwar Nath Dubey and Standing Counsel on behalf of State authorities.2. Mahavir Singh Intermediate College, Badilpur, Hadi, District Ballia is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. The provisions of the said Act as also those of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and those of U.P. Secondary Services Selection Board, 1982 are fully 'applicable to the teachers of the said institution. Sri Gupteshwar Tiwari has filed this petition against the order of the Regional Joint Director of Education dated 29/30 December, 2002 whereby he has rejected the claim set up by the petitioner, Sri Gupteswar Tiwari and has maintained his earlier order dated 4th July, 2002.3. The facts relevant for disposal of the present writ petition are as follows:A vacan...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 18.2.2005 (Ann. 8), by which the petitioner has been removed from the post of Adhyaksh, Nagar Panchayat, Sirathu, Kaushambi.2. The facts and circumstances giving rise to this case are that petitioner was elected as a Chairman of Nagar Panchayat, Sirathu in the year 1995 and he completed his tenure of five years upto October 2000. He was again elected in November, 2000 as Adhyaksh, Nagar Panchayat, Sirathu, Kaushambi. Certain complaints of irregularities and corruption against him were filed in September 2001 before the National Human Rights Commission, wherein an enquiry was held and the report dated 31.5.2001 (Ann.-1) was submitted to the Commission. Most of the allegations made in the complaint were found baseless. The petitioner received a show cause notice along with a charge-sheet dated 1.9.2003 in respect of irregularties committed by him and he was directed to file the reply to the same. After rece...
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC755; 2005(3)ESC2016
N.K. Mehrotra, J.1. This is a petition under Article 226 of the Constitution of India for issuing the writ of certiorari quashing the order dated 29.3.2005 passed by the Secretary, Revenue as contained in Annexure-1 to this writ petition and the order dated 4.2.2005 passed by the Commissioner, Consolidation as contained in Annexure 2.2. The petitioner is a Stenographer in the office of the Deputy Director of Consolidation, Faizabad. The services of the petitioner are governed by the U.P. Consolidation Department, Ministerial and Drawing Staff Services Rules, 1980 (hereinafter referred to as the 'Rules'). Earlier the petitioner was transferred from Faizabad to Ballia on administrative ground on 15.12.2000. The petitioner filed writ petition No. 337 (S/S) of 2001. His transfer was stayed by the interim order of this Court in writ petition No. 337 (S/S) of 2001. He has continued on the strength of that interim order at Faizabad. Admittedly, now this writ petition has become infructuous an...
Tag this Judgment!Court : Allahabad
Reported in : (2006)204CTR(All)142; [2005]278ITR291(All)
1. The present appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), is directed against the order of the Tribunal dated November 29, 2004, in I. T. A. No. 44/Agra of 1998 for the assessment year 1992-93.2. The appellant is a partnership firm consisting of two partners, namely, Sri Udit Kohli and Smt. Sudarshan Kohli. Against the order of the Commissioner of Income-tax (Appeals) dated July 16, 1997, the appellant filed appeal before the Tribunal beyond a period of 160 days along with an application for condonation of delay. The Tribunal by the impugned order rejected the application for condonation of delay.3. Heard Sri D. K. Singh, learned Counsel for the appellant, and Sri A. N. Mahajan, learned standing counsel appearing on behalf of the Revenue. With the consent of counsel for both the parties, the present appeal is being decided at the admission stage itself.4. We have perused the order of the Tribunal. In our opinion while considering the a...
Tag this Judgment!Court : Allahabad
Reported in : IV(2005)ACC79
Yatindra Singh, J.1. One Shri Hardutt Singh was travelling on tempo No. MKH 725 on 12.3.1988. At about 2 p.m. another tempo No. UTM 9594 came from behind and hit tempo No. MKH 725. In this accident Mr. Hardutt Singh died. Heirs of the deceased filed a claim petition. In this claim petition, they impleaded Mr. Habib Khan and Mr. Phoolan Singh, driver and owner of tempo No. UTM 9594. They also impleaded Siraj Ahmad and Vakil Uddin, driver/owner of temp No. MKH 725. Oriental Insurance Company is insurer of both.the vehicles and it was also impleaded.2. The Tribunal below allowed the claim petition on 25.5.1998 for a sum of Rs. 3,50,000/-, hence the present appeal by the Insurance Company.3. We have heard Mr. Parmatma Rai, Counsel for the appellant and Mr. Ajai Bhanot, Counsel for the respondents.4. The Tribunal below after considering the evidence on record has come to a conclusion that tempo No. UTM 9594 had struck tempo No. MKH 725 from behind and this accident took place due to neglige...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3335; [2006(106)FLR312]
Sunil Ambwani, J. Heard Sri Sam Saran Upadhyay learned counsel for the petitioner and learned standing counsel. 1. The peitioners Constable OP No. 111 Kasb Ram and Countabie CP. No. 2136 Feroze Khan were charged with gross neglience in performance of their duties on account of which an accused prisoner Randhir Singh escaped from their custody while returning from District Courts Agra. They did not utilise the services of police Mm which, was to leave in the evening at 04.00 PM with other prisoners, and proceeded along with accused prisoner on a cycle rickshaw. On the way with the help of his accomplices the prisoner jumped from the rickshaw and escaped from their custody. 2. The petitioners submitted their reply in the enquiry which proceeded under Rule 14 (1) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules 1991. The Senior Superintendent of Police, Agra considered their proceeded to return from District Courts without availing the services of Police van w...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3394
Sunil Ambwani, J.1. Heard learned counsel for petitioner and learned standing counsel.2. Sri Sanjeev Kumar Singh, District Inspector of School, Varanasi and Dr. Vimal Shankar Srivastava, Joint Director (Treasury & Pension), Varanasi Division, Varanasi, are present in person and have filed their affidavits in compliance with the order dated 7.4.2005 by which they were required to show cause as to why the interim mandamus dated 4.3.2002, as confirmed on 5.5.2003, has not been complied with and the pensionary benefits were not paid to the petitioner.3. The petitioner was appointed as Clerk in the office of District Inspector of School in the year 1962. He retired on 31.1.2001, while serving as Senior Assistant Clerk in the same office.4. By this write petition, filed on 25.2.2002, the petitioner has prayed fir payment of retrial dues, including pension gratuity, leave encashment, travelling allowance etc.5. A letter dated 17.4.2001 was issued by the Joint Director (Treasury & Pension), Va...
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1529
B.S. Chauhan, J.1. This writ petition has been filed for enforcing the Government Orders dated 12.8.1981, 4.12.1984 and 18.3.1985, which place a restriction in opening a new school within 5 Kms. Area of another established and recognised school. The present petitioner claims to be the Manager of the school, which stood established long back in district Kaushambi and has been recognised. The present petition has been filed for restraining the respondent authorities from establishing any other school within 5 Kms. area, and for that purpose, an order dated 23rd April, 2004 has been passed by the respondent no. 5, namely, the District Basic Education Officer, Kaushambi restraining the other persons from raising the construction of school on the representation made by. the petitioner. However as the said order is not being complied with, this petition has been filed.2. Sri D.P. Mishra, learned counsel for the petitioner has submitted that as there is a school established by the petitioner ...
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