Allahabad Court November 2006 Judgments
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Manoj Kumar Gupta S/O Sri Vijay Kumar Gupta Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Nov-06-2006
Reported in: 2007(2)AWC1780
Vinod Prasad, J.1. This Habeas Corpus Petition has been filed by Manoj Kumar Gupta son of Sri Vijay Kumar Gupta, Resident of Village and Post Haldi, P.S. Haldi, District Ballia, presently residing at Malli Bazar, Police Station Malli Bazar, District Namachi, South Sikkim seeking the following reliefs:(a) Issue a writ, order or direction in the nature of Habeas Corpus directing respondent authority to produce the respondent No. 6 Smt. Asha Gupta in Court and said the respondent No. 6 of liberty forthwith.(b) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.(c) award the cost of the petition.2. The petitioner was directed to deposit Rs. 5000/- (Rupees five thousand) for summoning of respondent No. 6, which he had already deposited vide original tender receipt dated 25.9.2006. On 26.7.2006 this Court had issued notices to respondent No. 5 who has appeared in the Court and has filed a counter affidavit through Sri Su...
Avon Elastomers (India) Vs. the Commissioner of Trade Tax
Court: Allahabad
Decided on: Nov-06-2006
Reported in: (2008)16VST510(All)
Rajes Kumar, J.1. The present revision under Section 11 of U. P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 15.04.2006 relating to assessment year 1999-2000 under the U.P. Trade Tax Act.2. The brief facts of the case are that the applicant was sole Selling Agent of M/S T.P. R. Compound, Ahmedabad in the State of U.P. and is registered under the U.P. Trade Tax Act as well as Central Sales Tax Act with the Assessing Authority, Agra. It appears that the goods were received by way of stock transfer from Principal M/S T. P.R. Compound and the same were sold within the State of U.P. to various parties. It appears that in bill, applicant has charged the value of the goods fixed by the Principal and the amount of freight relating to the transportation of goods from Ahmedabad to Agra. Applicant claimed that the freight from Ahmedabad to Agra since being charged separately in the bill, would not be a part of the turnover in view of Explanatio...
Raman Kirpal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-06-2006
Reported in: 2007(1)AWC259
Alok K. Singh, J.1. This application under Section 482, Cr. P.C. has been filed for quashing the orders dated 9.5.2005 and 30.6.2006, passed by Special C.J.M., Customs, Lucknow in complaint case No. 801 of 2002 under Sections 500 and 501, I.P.C. Anant Kumar Singh v. Raman Kirpal and Ors., relating to Police Station Hazaratganj, district Lucknow. It has been further prayed that an order be passed directing the Court below to summon the witnesses under Section 311. Cr. P.C. or the petitioner be himself given an opportunity to produce his defence witnesses.2. Briefly stated the facts giving rise to this application are that an application was moved for summoning three defence witnesses namely M/s. Shiela Reddy, Sri Sanjeev Rastogi and Vijay Simha. This application was disposed of on 9.5.2005 with a direction to the accused persons to produce the defence witnesses themselves, if they so desire and for that purpose several dates were also fixed for defence evidence. But no evidence was prod...
Amar Bahadur and Amar Jeet Singh Both Sons of Sri Ram Sajiwan Singh an ...
Court: Allahabad
Decided on: Nov-06-2006
Reported in: 2007(3)AWC2832
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Ceiling proceedings under Section 10(2) of U.P. Imposition of Ceiling On Land Holdings Act (hereinafter referred to as Ceiling Act) were initiated against Hub Lal respondent No. 4. By order dated 6.9.1976, prescribed authority declared an area of 30 Bigha 13 Biswa agricultural land as surplus land. In appeal the said order was substantially maintained and the surplus area declared by the prescribed authority was reduced only by four biswa and four biswancies. Thereafter consequent order was passed by the prescribed authority on 3.11.1979. On 26.7.1980, petitioner No. 5 and 6 Gyan Bhadur Singh and Bal Krishna Singh filed objections under Section 11(2) of the Ceilings Act claiming that half of the land treated to be of respondent No. 4 by Ceiling authority belonged to them. Similar objections were filed on 8.8.1980 by petitioner No. 1 to 4. The Objections were rejected as being barred by time however appellate court reversed the sa...
State of U.P. Through Its the Parmukh Sachiv Irrigation, Vs. Krishna C ...
Court: Allahabad
Decided on: Nov-03-2006
Reported in: [2007(112)FLR996]
S. Rafat Alam and Sudhir Agarwal, JJ.1. This intra court appeal under Chapter VIII Rule 5 of the Rules of the Court is preferred against the judgment of the Hon'ble Single Judge of this Court dated 2.9.2002 allowing the sole respondent's writ petition No. 36403 of 2001 against the order imposing punishment of reduction in rank and for recovery of Rs. 2,19,648.60.2. Learned Standing Counsel appearing for the appellant vehemently contended that the charges against the petitioner- respondent are in respect of the period commencing from 1.9.1997 to 31.1.2001 during which he raised forged vouchers and illegally withdrew travelling allowance. In the regular departmental proceeding charges were found proved and thus, punishment of reduction in rank and recovery of the financial loss suffered by the appellant was imposed in accordance with rules and thus, there was no reason for the Hon'ble Single Judge to interfere with the order dated 22.1.2002. It is also submitted that the effect of notice...
Smt. Shail Agrawal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-03-2006
Reported in: AIR2007All55
ORDERTarun Agarwala, J.1. The plaintiff presented a suit praying that the three sale deeds dated 1-11-2004 and 17-2-2006 be declared null and void and further prayed that the defendants be restrained from transferring the property on the basis of the sale deeds. In paragraph 12 of the plaint, the plaintiff disclosed the valuation of the sale deeds and on that basis, paid a sum of Rs. 1300.00 as Court-fee. The Munsarim submitted a report dated 19-7-2006 stating therein that as per the valuation given by the plaintiff, the total amount of Court-fee payable as per Section 7(iv-A) of the Court-fees Act is Rs. 62,792.50, whereas the plaintiff has only paid a sum of Rs. 1300.00 towards Court-fee. Consequently, the Munsarim reported that the remaining Court-fee was required to be paid by the plaintiff.2. Pursuant to the aforesaid report, the plaintiff filed an objection dated 31-7-2006. which was registered as Misc. Case No. 136 of 2006. The plaintiff submitted that the Court-fee was not paya...
Shri Mohammad Nihal Siddiqui, Son of Shri Abrar Ullah Siddiqui Vs. Sta ...
Court: Allahabad
Decided on: Nov-02-2006
Reported in: [2007(112)FLR171]
Prakash Krishna, J.1. Challenging the termination order dated 31st of May, 1999 passed under the U.P. Temporary Government Services (Termination of Service) Rules 1975, by Additional Director Industries (Karmik) the present writ petition has been filed.2. The petitioner claims that he was appointed on the post of Assistant Manager in pursuance of an advertisement for appointment after facing a Selection Committee constituted for holding interview. On 28.4.1980 he joined as Assistant Manager at Pratapgarh and has not been communicated any adverse entry except two for the last more than 12 years. Against the adverse entries awarded for the year 1983 and 1987 he has already preferred the representations which are pending and has thus completed more than 19 years of service on the post of Assistant Manager and his service was abruptly terminated by the termination order dated 31st May, 1999. No opportunity of hearing before termination and discharging the petitioner from the post of Assist...
Smt. Mansa Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-02-2006
Reported in: 2007(2)AWC1779
A.K. Yog and R.K. Rastogi, JJ.1. Heard learned Counsel for the petitioner and the learned standing counsel representing I.O.C. (Indian Oil Corporation).2. Petitioner has come up before this Court being aggrieved by the impugned order dated 11.9.2006/Annexure-9 to the writ petition passed by the respondents No. 2 and 3, whereby, Indian Oil Corporation intimated the petitioner that her application has been rejected on the ground that medical certificate was not enclosed therein.3. According to the petitioner she had submitted her application dated 28.7.2006 in order (including medical certificate). Referring to the photocopy of the application, it is pointed out that in relevant column No. 8 requiring medical certificate, it was stated that the certificate was enclosed and the petitioner had replied in affirmative that she was physically and mentally fit. Petitioner submits that she had obtained medical certificate dated 22nd July, 2006 after her examination being conducted by Dr. Sri A....
In Re: DanIn Leathers (P.) Ltd. (In Liquidation)
Court: Allahabad
Decided on: Nov-02-2006
Reported in: [2008]83SCL123(All)
Sunil Ambwani, J.1. Heard Shri Ravi Kant, senior advocate assisted by S.N. Tiwari for the ex-directors of the company (in liquidation), namely, Smt. Alka Mahajan, wife of Shri Sanjay Mahajan, Ajay Mahajan, Shri Sanjay Mahajan and Shri Ashok Mahajan all sons of late Shri Keshav Ram Mahajan and Smt. Juhi Mahajan, wife of Shri Ajay Mahajan. Shri Rajnath N. Shukla appears for the Official Liquidator. Shri S.K. Saxena, the Official Liquidator is present. Shri Anurag Khanna appears for PICUP.2. Danin Leathers Ltd. (in liquidation) was wound up by the court on 12-10-1999, on a creditors' winding up petition and the Official Liquidator was appointed as the liquidator of the company. The ex-directors were required to file the 'statement of affairs' and to handover the possession of the assets of the company (in liquidation) to the Official Liquidator. They, however, kepi on delaying the matter, in spite of full knowledge of the proceedings of liquidation, and ultimately after several summons, w...
Amit Agarwal S/O Deenadayal Agarwal Vs. State of U.P. and Bobby Rani D ...
Court: Allahabad
Decided on: Nov-01-2006
Reported in: II(2007)DMC506
Barkat Ali Zaidi, J.1. The applicant-husband has come to this Court under Section 482 Cr.P.C. with a request that proceedings (in Case No. 76 of 2005 Bobby Rani v. Amit Agarwal), under Section 125 Cr.P.C, pending in the Court of J.M. (C.B.I.) Ghaziabad be quashed.2. The ground on which he seeks termination of the proceedings is that he was 20 years old at the time of marriage with Opp. party No. 2 Bobby Rani and had, therefore, not attained the age of -majority and the marriage was, therefore, void in accordance with the provisions of Section 5(iii) of The Hindu Marriage Act, 1955. Section 5(iii) of The Hindu Marriage Act is as follows:5 (iii) the bridegroom has completed the age of (twenty one years) and the bride, the age of (eighteen years) at the time of the marriage.3. The applicant says that he has filed a Suit for declaration of marriage being void, which is pending.4. The matter is being decided at the stage of admission, after hearing his counsel Sri Samar Singh and notice has...
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