Allahabad Court August 2005 Judgments
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U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Aug-31-2005
Reported in: I(2006)ACC252; 2006ACJ1864; 2006(2)AWC1658
R.K. Rastogi, J.1. This is an appeal against judgment and award dated 10.9.1996 passed by Sri Ram Kishore, then learned II Addl. District Judge, Jaunpur in Motor Accident Claim Petition No. 11 of 1982, Smt. Rani Srivastava and Ors. v. U.P. State Road Transport Corporation.2. The facts relevant for disposal of this appeal are that the claimant respondents and Sri Sant Saran filed an application under Section 110 of the Motor Vehicles Act, 1939 with these allegations that Sri Desh Deepak Srivastava, husband of claimant No. l Smt. Rani Srivastava, father of claimant No. 2 Km. Uma Srivastava and son of claimant Nos. 3 and 4, Smt. Shail Bala Srivastava and Sant Saran Srivastava was going from Allahabad to Gorakhpur on 7.10.1981 in roadways bus No. UTY 9346. The bus went out of order in Jaunpur at about 10.30 P.M. and so the passengers of that bus were asked to get down from the bus and to go by another bus of the roadways. Desh Deepak was trying to board on bus No. UTY 9228 of the U.P. Stat...
M.K. Gandhi and ors. Vs. Director of Education (Secondary) and ors.
Court: Allahabad
Decided on: Aug-30-2005
Reported in: 2005(4)ESC2265
Yatindra Singh, J.1. This writ petition examines the scope and extent of protection available to the teachers teaching in the schools affiliated to the Central Board of Secondary Education, (the Board).The Facts :2. The petitioners were appointed as teachers in the Delhi Public School, site No. 3, Meerut Road, Ghaziabad (the D.P.S. School). The details regarding their appointment and Confirmation are as follows :(a) The petitioner-1 was appointed for 89 days as a post graduate teacher in Physics on 13.7.1987. Subsequently, he was appointed as a trained graduate teacher on probation for one year on 29.3.1988. There is no date regarding his confirmation but it is alleged in paragraph 15 of the writ petition that he was confirmed. This allegation is not specifically denied in the counter-affidavit and we hold that he was a confirmed teacher. Later on, he was promoted as a post graduate teacher in Physics on 30th June, 1990.(b) The petitioner-2 was appointed as a Post Graduate Teacher in C...
The Commissioner, Trade Tax Vs. Jamuna Prakash Jaiswal
Court: Allahabad
Decided on: Aug-30-2005
Reported in: (2008)13VST403(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 30th May, 1996 relating to the assessment year 1987-88.2. On the basis of the information that the assessee opposite party (hereinafter referred to as 'the assessee') has received certain amount from M/S IFFCO, Phulpur. Allahabad and M/S BPCL, Naini, Allahabad towards hire charges, assessment proceedings have been initiated. During the course of the assessment proceeding, the assessee filed the copies of the agreement and explained that in pursuance of the agreement only buses were provided to M/S IFFCO, Phulpur, Allahabad and M/S BPCL. Naini, Allahabad for the transportation of their employees from their residence to the factory and from factory to the residence and for which charges were stipulated. It was submitted that the possession of the vehicle was always with him and the entire expenses, namely, diesel charges, salary of d...
Pan Kumari W/O Late Sri Krishna Dev Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Aug-30-2005
Reported in: 2006(1)AWC448
Janardan Sahai, J. 1. A suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act was filed by the plaintiffs/respondents Kailash Nath Tewari, Surya Mani Tewari and Chandra Mani Tewari against the Gaon Sabha. The petitioner Pan Kumari was also impleaded in the suit on an application filed by her. The case of the petitioner is that the ancestors of the petitioner were recorded in 1281-F and from 1320 fasali to 1359 fasali and the petitioners are in possession over the disputed land of which they were grove-holders on the date of vesting and consequently they became Bhumidhar under Section 18 of the U.P. Zamindari Abolition and Land Reforms Act. The suit was contested by the Gaon Sabha and by the petitioner. The trial court decreed the suit. Against the decree two appeals were filed one by the Gaon Sabha and the other by the petitioner. Both the appeals were dismissed by the Commissioner. Two second appeals were filed. The Board of Revenue dismissed both the appeals. ...
Naubat Son of Late Shankar, Vs. Deputy Director of Consolidation,
Court: Allahabad
Decided on: Aug-30-2005
Reported in: 2006(1)AWC458
S.N. Srivastava. J. 1. This writ petition is directed against the judgment dated 9.3.2005, passed by the Deputy Director of Consolidation and order passed on reference dated 7.6.2005, Annexures - 7 and 8 to the writ petition.2. Heard learned counsel for the petitioners and Sri Deepak Jaiswal as well as Sri Madhusudan Dixit, learned counsels appearing on behalf of Caveator-Opp. Parties.3. Learned counsel for the petitioners urged that the judgment dated 17th October, 2002 was passed by the Settlement Officer, Consolidation without giving any opportunity of hearing to the petitioners by which Chak allotted to the petitioners was disturbed and, therefore, petitioners filed a restoration application which was allowed by Settlement Officer, Consolidation on 22.5.2003. The earlier judgment dated 17th October, 2002 was recalled. This judgment dated 22.5.2003 was wrongly set aside by the impugned judgment of Deputy Director of Consolidation on the ground that it amounts to review. Learned coun...
Anil Arora and ors. Vs. Arora Aluminium and Allied Works (P) Ltd. and ...
Court: Allahabad
Decided on: Aug-30-2005
Reported in: [2006]132CompCas221(All)
ORDERSunil Ambwani, J.1. Heard Shri R.P. Agarwal. for petitioner, and Sri A.K. Singh for the respondent No. 1 2. This is an application to bring on record the heirs of petitioner No. 1, Sri Anil Arora, who died on 10.11.2003, along with an application for condoning the delay under Section 5 of Limitation Act, 1963.3. In this contributory's winding up petition filed by the three shareholders under Section 433(c), (e), (f) of the Companies Act, 1956, the first petitioner, namely, Anil Arora, died leaving the applicant, Sri Sanjay Arora, who has filed no objection certificates given by his mother and sister, stating that the interest in the share will devolve only upon the applicant. Sri A.K. Singh has opposed the application on the ground that the applicant, Sanjay Arora, is not a contributory as his name was not registered as shareholder for at least six months before the filing of the winding up petition.4. I do not find much substance in the objection. Section 439(4)(b) of the Compani...
Khajan Singh Vs. Brijendra Singh
Court: Allahabad
Decided on: Aug-30-2005
Reported in: 2006(1)AWC119
Anjani Kumar, J.1. Heard learned Counsel appearing on behalf of the petitioner.2. The petitioner-plaintiff, by means of present writ petition under Article 226 of the Constitution of India, challenges the order dated 11th August, 2005, passed by trial court, whereby the trial court rejected the application filed by the petitioner-plaintiff for grant of temporary injunction and the order dated 12th August, 2005, passed by the revisional court, whereby the revisional court dismissed the revision filed by the petitioner, copies whereof are annexed as Annexures-'2' and '1', respectively to the writ petition.3. The facts, in short, of the present case are that the petitioner-plaintiff filed a suit for permanent injunction over the disputed property. Along with the suit, an application was also filed by the petitioner-plaintiff before the trial court for grant of temporary injunction in his favour. The respondent-defendant filed objection to the application filed by the petitioner-plaintiff ...
Jay Prakash S/O Saktu Singh @ Khadku Yadav (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Aug-29-2005
Reported in: 2005CriLJ235
Amar Saran, J.1. The appellant Jay Prakash and co-accused Smt. Rajesh were charged under Section 302 IPC for having committed the murders of the appellant's wife Smt. Guddi by strangulating her and the appellant's children, Gaurav and Km. Monika, by drowning them in a well. The two co-accused were also charged under Section 201 IPC for having concealed the dead body of Smt. Guddi in a haystack in a room in the appellant's house and for concealing the dead bodies of Gaurav and Monika in the well. The appellant Jay Prakash was sentenced to death under Section 302 IPC by the I Additional Sessions Judge, Bagpat. However, co-accused Smt. Rajesh was given benefit of doubt as apart from an allegation of having a motive to murder the deceased along with Jay Prakash there was no other evidence against her on record. She was living in a separate house from the deceased and Jay Prakash. On the night of incident no one had seen or heard Smt. Rajesh in the vicinity of the incident. No dead bodies h...
The U.P. Stock Exchange Association Ltd. Vs. Vegepro Foods and Feeds L ...
Court: Allahabad
Decided on: Aug-29-2005
Reported in: [2006]131CompCas385(All)
ORDERSunil Ambwani, J.1. This winding up petition has been filed by the U.P. Stock Exchange Association Ltd. 14/113, Civil Line, Kanpur, to wind up Vegepro Foods and Feeds Ltd. A-2, Industrial Area, Kalpi Road, Orai, Jalaun, a company registered under the Companies Act, 1956 with its registered office at A-2 Industrial Area, Kalpi Road, Orai District Jalaun under Section 433(1)(e) of the Companies Act, 1956, on the ground that in spite of statutory demand notice under Section 434(1)(a) of the Companies Act, 1956, dated 19.4.2003, clues towards the annual listing fees, and that the total dues outstanding against the respondent company are of Rs. 2,40,750.00.2. A counter affidavit has been filed stating that a reference was made to the Board for Industrial and Financial Reconstruction (BIFR) under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short, the Act of 1985) on 13.10.2003, and that the respondent company was declared as a sick industrial compan...
B.D. Agarwal and Company Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Aug-29-2005
Reported in: [2006]147STC104(All)
Prakash Krishna, J.1. These two revisions relate to the assessment years 1985-86 and 1986-87 and have been filed against the common order of the Tribunal dated April 22, 1994. The common questions of fact and law are involved and, therefore, they were heard together and are being disposed of by a common judgment.2. The applicant is a civil contractor and had taken construction of civil contract on contract basis. It also supplied building material including 'reta' and 'bajri'. In these two assessment years the assessing authority levied purchase tax under Section 3-AAAA on the purchase of 'reta' and 'bajri', etc., from unregistered dealer. This levy of purchase tax at the hands of the applicant has been confirmed by all the three authorities below. Aggrieved against the aforesaid order present revision has been filed.3. Heard learned Counsel for the parties and perused the record.4. Sri Shubham Agarwal, learned Counsel for the applicant mainly submitted three points in support of the r...
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