Allahabad Court July 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Jai Devi Hans Wife of Late Lal Sahai Hans Vs. Smt. Beena Singh Da ...
Court: Allahabad
Decided on: Jul-21-2005
Reported in: AIR2005All349; 2005(4)AWC3871M
Arun Tandon, J.1. Heard Sri Jai Shanker Audichya Advocate on behalf of the petitioner, Sri G.C. Saxena Advocate on behalf of respondent Nos. 1 and 2, Standing Counsel, on behalf of. respondent No. 3.2. One Sri Jitendra Pal Singh expired on 24th March, 2001. Smt. Beena Singh (respondent No. 1) claiming herself to be the wife of the said deceased, filed an application for issuance of succession certificate in respect of the amount due to Sri Jitendra Pal Singh towards pay, gratuity, insurance etc. before the Civil Judge (Senior Division), Farrukhabad. The application so filed was registered as Misc. Case No 75 of 2001.3. The application was allowed under order of the Court dated 26.4.2001. In the said application, the petitioner namely Smt Jai Devi, who is the mother of the deceased, was not impleaded as one of the defendants. Therefore, on coming to know about the order dated 26.4.2001, passed by the Civil Judge, the mother (petitioner) filed an application for recall of the said order ...
The Commissioner Sales Tax Vs. S/S Trutuf Safety Glass Industries
Court: Allahabad
Decided on: Jul-21-2005
Reported in: [2006]148STC477(All)
Prakash Krishna, J.1. The present revision arises out of proceedings under Section 4-B of the U.P. Sales Tax Act (hereinafter referred to as the Act) for the assessment year 1986-87. The dealer opp. party deals in the manufacture of automobiles toughened safety glass parts including wind screen, doors screen, side screen and back screen etc. The application for grant of recognition certificate under Section 4-B (_) -(_} was filed in respect of notified goods mentioned in annexure-3 of the notification No. 7551 dated 31st of December, 1976. The Assessing Authority by the order dated 22.12.1987 granted recognition certificate with respect of 'Automobile Safety Toughened Glass' whereby the dealer opp. party was authorized to purchase raw material and packing material at the concessional rate of tax at 4 per cent.2. The dealer opp. party felt aggrieved by this order as total exemption of sales tax on the purchases of raw material and packing material was not granted. An appeal under Sectio...
Hori Lal Son of Midhai Vs. Babu Ram Son of Sri Bankey Lal and ors.
Court: Allahabad
Decided on: Jul-21-2005
Reported in: 2005(4)AWC3859-O
Sanjay Misra, J.1. The present second appeal has been filed against the judgment and decree dated 7.4.1977 passed by VI Addl. District and Sessions Judge, Bareilly in Civil Appeal No. 216 of 1976 between Babu Ram (Plaintiff) and Prem Raj and Ors. (defendants). By an order dated. 19.7.1982 this court dismissed the appeal against the respondent No. 2 for non- prosecution. The relief sought in this appeal is that judgment and decree of the courts below may be set aside and the plaintiffs suit be dismissed.2. The plaintiff filed a suit for permanent injunction to restrain defendants No. 1 to 4 from interfering in the plaintiffs possession over plot No. 356 situate in village Akhlabad, Tahsil Behuri district Bareilly. The plaintiff's case was that he was bhumidhar of plot No. 356 having an area of 2 biswas 9 biswas. it is the case of the plaintiff that the neighboring plot No. 354 having an area of 1 bigha 8 biswas had been purchased by defendants No. 1 to 4 from defendant No. 5. The said p...
Ajai Kumar Tewari Son of Late Chote Lal Tewari Vs. Deputy Inspector Ge ...
Court: Allahabad
Decided on: Jul-21-2005
Reported in: [2006(107)FLR128]
Sunil Ambwani, J.1. Heard learned counsel for the petitioner and learned Standing Counsel.2. In pursuance of directions issued by this Court on 22.3.2001 in writ petition No. 10418 of 2001, the Deputy Inspector General of Police (Establishment), U.P. has rejected petitioner's application for compassionate appointment under U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974( In short, The Rules of 1974), on the ground that the Government Order dated 9.12.1998, excludes the compassionate appointments to the dependants of those government servants who have gone missing.3. In the present case, the petitioner's father was serving as Constable in Civil Police. While posted at Allahabad, he went missing on 14.11.1990, and it is alleged by this family that he has not been heard of, since then. The department has sanctioned payment of gratuity and family pension to his dependants.4. The petitioner has filed supplementary affidavit stating that his father was born...
Dido Ram Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Jul-21-2005
Reported in: 2005(4)AWC3741
S.U. Khan, J.1. Original owner landlord Raman Lal alias Kishan Chand since deceased and survived by respondent Nos. 3 to 7 filed a suit for eviction against petitioner which is pending in the form of Original Suit No. 284 of 1978, Rarnan Lal v. Dido Ram, before regular civil court, i.e., Munsif, Bisauli. In the plaint it was alleged that defendant petitioner was tenant of the eastern portion and he had encroached upon the western portion. Relief of dispossession was sought from both the portions. It appears that during the pendency of the suit the western portion was vacated and its possession was delivered to the plaintiff. Thereafter an objection was raised that after vacation of the encroached portion defendant remained in occupation of tenanted portion only and suit for eviction of tenant was maintainable only before J.S.C.C. and not before regular civil court hence suit must be dismissed. The said plea was rejected by the trial court/Murisif Bisauli, district Budaun on 20.3.1987. ...
Ram Pratap Yadav Vs. Iind A.D.J. and ors.
Court: Allahabad
Decided on: Jul-21-2005
Reported in: 2005(4)AWC3672
S.U. Khan, J.1. Suresh Chandra Sahu and Dinesh Chandra Sahu respondents No. 2 and 3 filed a suit for eviction and recovery of arrears of rent against petitioner claiming therein that they were the landlords and the petitioner was their tenant who had defaulted in payment of rent. The suit was registered as S.C.C. Suit No. 7 of 1984 on the file of J.S.C.C./Civil Judge, Fatehpur. The suit was decreed ex parte on 20.7.1984. After four days, i.e., on 24.7.1984, petitioner filed restoration application, copy of which is Annexure-2 to the writ petition. In the restoration application it was stated that service of summons of suit was never effected upon the petitioner and it was wrongly shown that he refused to accept the summons sent through registered post. It was also stated in the restoration application that previously Smt. Mithana Devi was the owner landlord of the house in dispute who agreed to sell the same to the tenant petitioner for Rs. 8,000 on 16.2.1976 and executed agreement for...
H.M. Sarif and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jul-21-2005
Reported in: [2008]296ITR523(All)
1. The Income-tax Appellate Tribunal, New Delhi, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, (hereinafter referred to as 'the Act') for the opinion of this court:Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in placing reliance upon the statements of karkhanadars in a situation when the assessee had not been provided with full copies of statements prior to the cross-examination (when no such prayer was made before the Income-tax Officer), particularly, when the assertions in the statements were based only on memory and coming to the conclusion that there had been inflation in purchases and maintaining addition of Rs. 1,11,813 in the trading account, on this count?2. The present reference relates to the assessment year 1982-83.3. The brief facts of the case are as follows:The applicant is engaged in the business of export of brassware. A number of defects in the maintenance of account books w...
Shiva Technomec (P) Ltd. Vs. Dena Bank
Court: DRAT Allahabad
Decided on: Jul-20-2005
Reported in: II(2006)BC50
1. This appeal has been preferred against the order dated 17th September, 2003 passed by the learned Presiding Officer, DRT, Jabalpur in Original Application No. 75/02, whereby and whereunder the application filed by the appellants who were defendant Nos. 1 to 7 for cross-examination of the applicant-Bank's witnesses has been rejected.2. The original application was filed by the respondent-Dena Bank on 11th January, 2002 and along with the application, affidavits of the witnesses for the Bank sworn on 11th January, 2002 have been filed after service of notice on the defendant-appellants, they filed their written statement taking various objections regarding the plaint case both on facts and on points of law. Some of the vital objections raised have been sought to be clarified by the respondent Dena Bank by filing rejoinder on 15th September, 2002 and such rejoinder was filed with the support of an affidavit sworn by one Mr. Niranjan Tarai who happened to be the Senior Manager of the c...
Kamal Kishore Gupta Vs. State Bank of India
Court: DRAT Allahabad
Decided on: Jul-20-2005
Reported in: II(2006)BC177
1. This appeal has been preferred against the judgment/order dated 23rd July, 2004 passed by Mr. K.D. Khan, Presiding Officer, D.R.T., Jabalpur in appeal No. 9/2004, where by and where under the order dated 23rd March, 2004 passed by the Recovery Officer in T.A. Execution No. 49/ 2000 has been set aside by exercising jurisdiction under Section 30(1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be called as the RDDBFI Act). By the impugned order the learned Presiding Officer, D.R.T., Jabalpur as an Appellate Court has held that the order of the Recovery Officer setting aside the auction sale is illegal and inoperative in the eye of law. The respondent-State Bank of India filed a suit in the District Court at Sahjahanpur for realizing of Rs. 12,59,5897- against the appellant and others. On setting up of the Tribunal as per the RDDBFI Act the said civil suit was transferred to the Tribunal at Jabalpur and registered at T.A. No. 160/98. The...
Gangu Singh, Vs. District Deputy Director of Consolidation,
Court: Allahabad
Decided on: Jul-20-2005
Reported in: 2005(4)AWC3863-O
Krishna Murari, J.1. These two connected writ petitions arise out of the same dispute and are directed against a common order passed by Deputy Director of Consolidation dated 18.1.1971.2. The dispute relates to plot nos. 960/1, 971/1, 973/1, 982/2, 988/1,989, 1008/2, 1010/1, 1010/02, 1011 and 1013 situate in village Dhampur District Bijnore.3. The undisputed facts are as under.4. The original tenure holder Hetram filed a suit No. 392 of 1954 under Section 209 U.P.Z.A.& L.R. Act before Munsif Nagina for eviction of the petitioners from the certain plots including the plot in dispute. The suit was dismissed as abated on account of non-substitution of the heirs of plaintiff- Hetram who died during the pendency of the suit. Smt. Ram Murti Devi and her four sisters who succeeded the property of Hetram as his heirs filed another suit No. 161 under Section 209 of the U.P.Z.A. & L.R. Act seeking eviction of the petitioners. The suit was decreed by the trial court vide judgment and decree dated...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »