Allahabad Court September 2005 Judgments
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Dinesh Chand JaIn Vs. Dy Cit
Court: Allahabad
Decided on: Sep-09-2005
Reported in: [2006]280ITR517(All)
Rajes Kumar J.In the present writ petition, the petitioner seeks the following relief :'(i) issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 9-12-1998, under section 148 of the Act for the assessment year 1995-96 issued by the respondent (annexure 3 to the writ petition).(ii) issue any other suitable writ, order or direction in favour of the petitioner as this hon'ble court may deem fit and proper in the circumstances of the case.(iii) award costs of this petition to the petitioner.'Briefly stated the facts giving rise to the present writ petition are that the petitioner is engaged in the business of manufacture and sale of pan masala including wah gutkha in the name of Ashok Enterprises. The petitioner's business and residential premises were searched by the income-tax authorities. At the same time the business premises of Rajeev Bansal, proprietor of M/s. S. B. Agencies, Nayaganj, Kanpur was also searched, who is alleged to be a bulk pur...
Triveni Sheet Glass Works Limited Vs. State of U.P. Through Labour Com ...
Court: Allahabad
Decided on: Sep-08-2005
Reported in: [2006(108)FLR655]
V.C. Misra, J.1. This writ petition has been filed under Article 226 of the Constitution of India by the petitioner M/s Triveni Sheet Glass Works Limited seeking a writ, order or direction in the nature of certiorari quashing the award dated 25.7.2000 (Annexure-12 to the writ petition) given by the labour Court, Allahabad in Adjudication Case No. 49 of 1990 published on 27.11.2000.2. The facts of the case in brief are that the petitioner is a company registered under the Companies Act, 1956, having its registered office at Allahabad and it runs a factory in which glass is manufactured. The main ingredient for running the glass factory is the furnace oil, which is used in the furnace for melting the glass, which is supplied by the Indian Oil Corporation situated at Subedar Ganj, Allahabad from where it is transported to the factory premises of the petitioner by tankers. One Sri Amar Nath Singh respondent No. 3-workman was assigned the job of taking delivery of the furnace oil on behalf ...
Mohd. Sameem S/O Saukat Ali Vs. State of U.P. and Smt. Khursida Bano W ...
Court: Allahabad
Decided on: Sep-08-2005
Reported in: II(2005)DMC837
G.P. Srivastava, J.1. This revision is directed against the judgment and order dated 10.5.05 passed by Special Judge (SC/St Act), Kannauj in criminal revision No. 137/14/04 Smt. Khurshida Bano v. Mohd. Sameem whereby the learned Special Judge (SC/ST Act), Kannauj has allowed the application under Section 125 Cr.P.C. and directed the revisionist to pay maintenance to opposite party No. 2 at the rate of Rs. 800/- per month from the date of application dated 16.3.2001.2. The brief facts giving rise to this revision is that the opposite party No. 2 has moved an application under Section 125 Cr.P.C. against the revisionist for maintenance at the rate of Rs. 800/- per month to her and to her children. It was alleged by the applicant that she is legally wedded wife of present revisionist Mohd. Sameem who has deserted her and turned her out of his house after snatching her ornaments and money and since then she is living in the house of her father. She is unable to maintain herself. Opposite p...
K.N. Singh Son of Sri S.N. Singh Vs. the State of U.P. Through the Chi ...
Court: Allahabad
Decided on: Sep-08-2005
Reported in: 2006(2)SLJ265(NULL)
B.S. Chauhan, J.1. This writ petition has been filed for quashing the orders dated 25.2.1995 and 8.3.1995 (Annex. 2 and 3, respectively), by which the petitioner had been compulsory retired in exercise of powers under Section 56(c) of the U.P. Fundamental Rules.2. The facts and circumstances giving rise to this case are that petitioner, who was a judicial officer in the State of Uttar Pradesh, was promoted to the Higher Judicial Service vide order dated 23.7.1984. Subsequently, in view of the provisions of Rule 27 of the U.P. Higher Judicial Service Rules, 1975 he had been granted the Selection Grade in the Higher Judicial Service in September, 1994. Subsequently, he was selected for appointment to the post of President, District Consumer Forum on 24.11.1994. He stood transferred vide order dated 20.1.1995 on administrative ground from Saharanpur to Ballia. He was awarded adverse entry on the basis of the inspection report of the Hon'ble Administrative Judge, and thus, he was compulsor...
Sunil Kumar Bansal S/O Bal Krishan Agrawal and ors. Vs. State of U.P. ...
Court: Allahabad
Decided on: Sep-08-2005
Reported in: I(2006)DMC222
G.P. Srivastava, J.1. This criminal revision is directed against the judgment and order dated 29.4.05 passed by Addl. Chief Metropolitan Magistrate IX, Kanpur Nagar in Criminal case No. 291 of 2001 (New No. 5378 of 2003) State v. Sunil Kumar Bansal and Ors. under Sections 498A/323/504 I.P.C. and 3/4 Dowry Prohibition Act police station Pheel Khana district Kanpur Nagar2. The brief facts giving rise to this revision is that the opposite party lodged a F.I.R. on 22.10.2000 at about 14.30 P.M. at police station Pheel Khana district Kanpur Nagar against the revisionists which was registered as crime No. 131/2000 under Sections 498A/323/506 I.P.C. and 3/4 Dowry prohibition Act. After usual investigation a charge sheet was submitted on which the learned court below took cognizance and framed charges The accused revisionists moved an application under Section 177 Cr.P.C. alleging that the proceedings be dropped as the court at Kanpur Nagar had no territorial jurisdiction in the matter as no c...
Smt. Seema Verma Wife of Shri Amit Kumar Verma Vs. Amit Kumar Verma So ...
Court: Allahabad
Decided on: Sep-08-2005
Reported in: 2006(1)AWC269
Anjani Kumar, J.1. Heard Sri Mayank Bhushan, learned counsel appearing on behalf of the petitioner and Sri B. N. Rai, learned counsel for the respondent.2. Petitioner, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 25th August, 2005, passed by Additional Principal Judge, Family Court, Kanpur Nagar before whom a petition under Section 12 of the Hindu Marriage Act, 1955 (In short 'the Act') was pending in which the petitioner was defendant. During the pendency of the petition under Section 12 of 'the Act' before the Family Court, the plaintiff-respondent in this petition filed an application 43 C-2 with the prayer that in view of the provision of Section 13 of 'the Act' the representation by Advocates may be prohibited. The Court below has passed the order allowing the aforesaid application 43 C-2 filed by the respondent-plaintiff and prohibited the representation of the Advocates for any party. The Court below has also ob...
Nathimal Alias Nathi Lal Vs. P.K. Sharma and ors.
Court: Allahabad
Decided on: Sep-08-2005
Reported in: AIR2006All53; 2006(1)AWC983
ORDERD.P. Singh, J.1. Pleadings are complete and the counsel for the parties agree that the petition may be disposed off under the Rules of the Court.2. Heard counsel for the parties.3. This writ petition is directed against a revisional order dated 9.2.1993 by which an order of the executing court setting aside the auction sale has been quashed.4. A money suit No. 97 of 1978 was filed by one Smt. Usha Rani the decree holder against the petitioner judgment debtor which was decreed for a sum of Rs. 12,992.85. In its execution case No. 15 of 1980 a residential house of the judgment debtor was auctioned and sold on 31.3.1981 for a sum of Rs. 55,000/- in favour of respondent No. 1, the auction purchaser, who deposited 1/4th amount at the fall of the hammer and the remaining amount on 10.4.1982, Co-bidders of the auction purchaser filed objections dated 8.4.1982 before the court alleging that even though they were the highest bidders but their bid was not noted by the Amin illegally and the...
Committee of Management, Beni Singh Vaidic Vidyawati Inter College Thr ...
Court: Allahabad
Decided on: Sep-07-2005
Reported in: [2006(107)FLR905]
Sunil Ambwani, J. 1.Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and Sri O.P. Shurmu for Sri Again Prakash Deepak-respondent No. 6. Learned standing counsel appears for the State respondents, and the Basic Shiksha Adhikari. 2. The back ground facts in brief are as follows;3. The Beni Singh Vaidic Vidyawati Inter College.'Baluganj, Agra is an educational institution running classes up to Intermediate level. It was initially recognised only up to High School and was receiving grant-in-aid from the state government. The U.P. Junior High Schools (Payment of Salary to Teachers and Other Employees) Act 1978 (in short the Act of 1978) was applicable to the institution. On 21.12.1988 the Regional Secretary, Board of High School and Intermediate Education gave recognition to the school as unaided (Vitta Viheen) High School with permission for the students of the institution to appear in the High School examination of the year 1990. A consequential order was issued by the Dist...
Braham Pal Singh Son of Sri Chaman Singh Vs. Disciplinary Authority/Se ...
Court: Allahabad
Decided on: Sep-07-2005
Reported in: [2005(107)FLR882]; (2006)ILLJ762All
Sunil Ambwani, J.1. Heard Sri B.D. Mandhyan, learned Senior Counsel assisted by Sri R.K. Saini for the petitioner, and Sri Vivek Ratan learned counsel for the Union Bank of India. By this petition the petitioner has challenged the order dated 16.4.2004, by which he has been given punishment of 'Compulsory Retirement' on the charges of gross misconduct and 'Censure' for each minor misconduct.2. The petitioner was appointed in Union Bank of India as a Clerk Cum Cashier on 18.11.1982. On 27.5.2003, Sri Dinesh Kumar Mahrotra the Accountant, in the Bank made a complaint to the Branch Manager of the Bank Muzaffarnagar alleging that the petitioner serving as Head Cashier in the Prem Puri Branch District Muzaffar Nagar. came to his seat misbehaved with him, and slapped him. He had also misbehaved with him in the past and that the incident was seen by Sri Anil Kumar Jain and Sri H.B. Thapa. He put a note on his complaint that the petitioner had misbehaved with him even in the past, thrown at hi...
State Bank of India Vs. Sapna Scooters Industries P. Ltd. and ors.
Court: Allahabad
Decided on: Sep-07-2005
Reported in: [2007]138CompCas557(All); [2008]81SCL475(All)
Sunil Ambwani, J.1. The applicant-bank is a unsecured creditor of the company, M/s. Sapna Scooters India P. Ltd., which was wound up by this Court on March 31, 1994. After the sale of the assets, the official liquidator with the permission of the court invited the claims, vide advertisement in the news papers annexed vide O.L. Report No. 98 of 1997. He did not receive any claim, and thus after seeking permission of the court vide O.L. Report No. 35 of 1998, the official deposited the entire amount unclaimed andundistributed amount of Rs. 2,92,230 under Section 555(1) of the Companies Act, 1956, in the company's liquidation account of the Central Government.2. The charge of the applicant-bank was not registered with the Registrar of Companies vide certificate dated June 28, 1994, for payment of unsecured dues vide mortgage deed for Rs. 8,72,455.08. The applicant-bank has relied upon the compromise decree passed by Additional District Judge, court No. 11, Aligarh, in O.S. No. 457 of 1989...
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