Allahabad Court July 2005 Judgments
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Hansnath Son of Raghunandan Vs. Asstt. Director of Consolidation,
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(4)AWC3858H
Krishna Murari, J.1. The short question which arises for determination is whether oral statement of witness which is not signed by Presiding Officer before whom it was recorded, can be relied upon and read in evidence.2. The facts are that on death of recorded tenure holder an objection under Section 12 of U.P. Consolidation of Holdings Act (for short the Act) was filed by the petitioner claiming mutation of his name on the basis of a will dated 21.9.1977. Respondent No. 3 contested the claim of the petitioner denying the execution of the will and claimed mutation of her name over the property in dispute claiming herself to be wife of the deceased.3. The Consolidation Officer vide order dated 31.12.1980 allowed the claim of the petitioner. Appeal filed by respondent No. 3 was allowed by settlement Officer consolidation on the ground that oral evidence relied upon did not bear the signature of the Presiding Officer and remanded the case back. The revision was also dismissed by Deputy Di...
Prashant Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(3)AWC2738; 2005(4)ESC2395; [2006(2)JCR31(All)]
Sunil Ambwani, J.1. On a reference dated 20.3.2002, made by the Division Bench in Writ Petition No. 20476 of 2001, Prashant Kumar v. State of U. P. and Ors., we have framed the following question to be decided in the matter :'At what stage the caste of a candidate should be entered in the Schedule-I of the U.P. Public Services (Reservation for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Act, 1994 for him to get benefit as an O.B.C. candidate ; should it be before the notification/advertisement of the selections, or the written test, or the oral test (in case of oral test only), or the declaration of the result?'2. All the petitioners and private respondents appeared in the Combined State Subordinate Civil Service Examination, 2000, held by U.P. Public Service Commission. The Advertisement No. A-1/E-1/2000 inviting applications for selections was published by the Commission on 7.1.2000. The last date of submission of the forms was 28.1.2000. It was extended to 8.2.2000...
Ram Vriksha Son of Rajbali Vs. the Assistant Director of Consolidation ...
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(4)AWC3872
Krishna Murari, J.1. This petition under Article 226 of the Constitution of India is directed against the judgment and order dated 26.8.1980 passed by Deputy Director of Consolidation by which the case has been remanded back to the Settlement Officer Consolidation.2. The dispute arises out of proceeding under Section 9A (2) of the U.P Consolidation of Holdings Act (for short the Act) and relates to plot no. 102/65 and Khata no. 175. The undisputed facts are that one Raj Bali, father of the petitioner was recorded as sirdar of the land in dispute He died in 1956 when the petitioner was minor, aged about 2 years. Vide order dated 11.4.1956 passed by Naib Tehsildar, the name of the petitioner was mutated in revenue record in place of his deceased father. Shortly, alter the death of the petitioners father his mother also died. The petitioner was under care and supervision of his grand mother. On account of his disability, being a minor, the petitioner was not able to cultivate the land him...
ismail and anr. Vs. Zahir Ahmad and ors.
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(4)AWC3179
Poonam Srivastava, J.1. Heard Sri Madhav Jain, advocate, appearing for the plaintiff/appellants and Miss Sunita Agarwal, advocate, appearing for the contesting defendant/ respondents.2. The present second appeal arises out of the judgment and decree dated 21.1.1998, passed by the 1st Additional District Judge, Agra, in Civil Appeal No. 330 of 1977 whereby the lower appellate court has set aside the judgment and decree dated 5.11.1977, passed in Original Suit No. 57 of 1975. The suit was filed claiming relief of declaration in respect of the decree dated 17.1.1974 in Suit No. 447 of 1969, Smt. Muniran v. Safaq and Ors., as null and void and also to injunct. the defendants from evicting the plaintiffs in pursuant to the execution of decree dated 17.1.1974 in Suit No. 447 of 1969.3. The disputed property is situated at Mohalla Kachchiyan Gudri Mansoor Khan, which was mortgaged by Mst. Nathia w/o Karim Bux and Juggi s/o Karim Bux in favour of Wilayat Hussain grandfather of the plaintiff Sa...
Umesh Chandra Saxena (D.) and ors. Vs. Smt. Mohini Bajpai and ors.
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(4)AWC3863F
Poonam Srivastava, J.1. Heard Sri V.B. Upadhya, senior advocate, assisted by Sri Vipin Saxena, advocate appearing for the revisionists and Sri Ajit Kumar, advocate has accepted notice on behalf of the respondent Nos. 1 to 5. Counter and rejoinder-affidavits have been exchanged. This revision has come up before me after being nominated by Hon'ble the Chief Justice and on agreement between the parties, the revision is being heard finally.2. This revision has been filed challenging the order dated 30.1.2004, passed by Additional Civil Judge/Additional Judge Small Causes (Senior Division) Allahabad, allowing the application No. 2457C in Original Suit No. 360 of 2000, Smt. Mohini Bajpai and Ors. v. U.C. Saxena (since deceased) Navneet Kumar Saxena and Ors.. By virtue of the impugned order, the learned Additional Civil Judge (Senior Division) has allowed an Application No. 2457C whereby an impleadment application on behalf of the plaintiff was moved after death of the sole defendant U. C. Sa...
In Re: U.P. Sunni Central Board of Waqfs
Court: Allahabad
Decided on: Jul-19-2005
Reported in: 2005(4)AWC3861M
Poonam Srivastava, J.1. Sri M. A. Qadeer, advocate, appearing on behalf of the U. P. Sunni Central Board of Waqfs, Lucknow. He has filed an application under Section 90(3) of U.P. Waqfs Act No. 43 of 1995 in Second Appeal No. 1149 of 2002, Allah Taala v. Smt. Maya Devi and Ors. Sri Faujdar Rai, advocate, appearing on behalf of the plaintiff/ respondents.2. Both the counsels have also furnished their written submissions. This application has been challenged on behalf of the plaintiff/respondents raising preliminary objection that the application under Section 90(3) of U. P. Waqfs Act No. 43 of 1995 (hereinafter referred as the Act) is not maintainable. The suit filed by the plaintiff/respondents was decreed on 24.11.1992 in Original Suit No. 101 of 1973, Musamat Bela Devi v. Allah Taala. This judgment was confirmed in appeal by the Additional District Judge, court No. 1 Ballia in Civil Appeal No. 6 of 1993 and the second appeal filed against the judgment and decree 26.8.2002 has also be...
Commissioner of Income-tax Vs. Electra (Jaipur) P. Ltd.
Court: Allahabad
Decided on: Jul-19-2005
Reported in: (2006)282CTR(All)598
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 opinion to this Court:Whether on facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was legally correct in upholding the provisions of Section 40A(7) applicable in the assessee's case even though the assessee has claimed unascertained liability being provision only not actually paid ?2. The present reference relates to the assessment years 1984-85, 1985-86, 1986-87 and 1988-89.3. Briefly stated the facts giving rise to the present reference are as follows:In respect of the aforementioned assessment years the respondent-assessee claimed deduction in respect of the amount paid to the Life Insurance Corporation of India under the Group Gratuity-cum-Life Insurance Scheme on the terms settled between the Life Insurance Corporation and the respondent-assessee for gratuity paya...
Cit, Meerut Vs. Electra (Jaipur) (P) Ltd.
Court: Allahabad
Decided on: Jul-19-2005
Reported in: [2006]282ITR598(All); [2005]149TAXMAN334(All)
ORDERBy the CourtThe 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 opinion to this court :'Whether on facts and in the circumstances of the case, learned ITAT was legally correct in upholding the provisions of section 40A(7) applicable in the assessee's case even though the assessee has claimed unascertained liability being provision only not actually paid ?'The present reference relates to the assessment years 1984-85, 1985-86, 1986-87 and 1988-89.2. Briefly stated the facts giving rise to the present reference are as follows :In respect of the aforementioned assessment years the respondent-assessee claimed deduction in respect of the amount paid to the Life Insurance Corporation of India under Group Gratuity-cum-Life Insurance Scheme on the terms settled between the Life Insurance Corporation and the respondent-assessee for gratuity payable to the employe...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Jul-18-2005
Reported in: 2005(4)AWC3862C; [2006(106)FLR831]
D.P. Singh, J.1. Pleadings have been exchanged and the counsel for the panics agree that the writ petition may be finally disposed off under the Rules of the Court.2. Heard learned counsel for the parties. 3. This writ petition is directed against an award of the labour court dated 28. October, 1989 by which the order of removal of the respondent workman has been held to be improper and he has been directed to be reinstated with backwages.4. The respondent workman was employed as Conductor in the petitioner Corporation in 1979 on a show term vacancy. On 10* January, 1981, while conducting a bus No. 9349 plying on Mirzapur - Kota route, it was signaled by the inspecting team to stop it at about 10.40. P.M., however, the bus did not stop and continued Nevertheless, another inspecting staff checked the bus at about 12 mid might at Renusagar turning arid 68 passengers on board were found to be traveling without ticket, while the respondent workman was not found in the bus. Two charges were...
Shri Bal Kishan Agrawal, Glass Industries Limited Through Its Director ...
Court: Allahabad
Decided on: Jul-18-2005
Reported in: AIR2005All361; 2005(3)ARBLR489(All); 2005(4)AWC3862-O
B.S. Chauhan, J.1. This writ petition has been filed for issuing a direction to the respondents to restore the gas supply forthwith, quashing the impugned notice dated 28.05.2005 (Annex.7) issued by the respondent No. 5.2. The facts and circumstances giving rise to this case are that the petitioner has a factory in Firozabad, which falls within the Taj Trapezium Zone, Agra. The U.P. Pollution Control Board as well as the public raised grievances before the Hon'ble Supreme Court requesting for stopping Vie coal processing in factories in the vicinity of Taj Mahal. The Hon'ble Apex Court issued certain directions to stop running of factories by coal and asked the respondent authority for supply of gas in the said area so that the monument of the national heritage may remain protected from the pollution, in view of the directions of the Hon'ble Apex Court, an agreement was entered into between the parties and the petitioner was supplied the gas. However, in a routine checking, it is alleg...
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