Allahabad Court April 2006 Judgments
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Mohd. Wasim Khan Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Apr-26-2006
Reported in: (2009)20VST196(All)
Rajes Kumar, J.1. Present for revisions under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') are directed against the order of Tribunal dated 3rd July. 1998 relating to the assessment years, 1987-88, 1988-89 and 1989-90.2. Brief facts of the case are that the applicant is a owner of buses and have entered into a contract with Indian Fanners Fertiliser Cooperative Limited. Phoolpur, Allahabad, M/S Bharat Pump and Compressors Limited, Naini, Allahabad and the General Electric Company of India Limited, Naini, Allahabad for providing the buses for the transportation of their employees from their place of residence to the factory to and fro. In pursuance of the contract, buses were provided and hire charges were received as per contract. Assessing authority levied the tax on the hire charges received from the aforesaid companies under Section 3-F of the Act towards transfer of right to use the buses. Orders of the assessing authority have been continued in first appeals...
Ramjit Gupta S/O Sri Misri Gupta Vs. the Labour Court,
Court: Allahabad
Decided on: Apr-26-2006
Reported in: 2006(4)AWC3441; [2006(111)FLR27]
V.K. Shukla, J.1. Petitioner is questioning the validity of the award passed by Labour Court, Gorakhpur answering the reference in negative holding that services of the petitioner have been rightly dispensed with.2. Brief background of the case is that petitioner had been discharging his duties as conductor with U.P. S.R.T.C. On two dates, namely, on 24.04.1987 and 12.06.1987 inspection was carried on. On both the occasions, it was found that petitioner had been carrying passengers without tickets. Qua both the incidents, separate charge sheets were issued and inquiry was conducted and thereafter, it was concluded that petitioner was guilty of carrying passengers without tickets. After the said report was submitted, finding the charges proved against petitioner letter dated 29.01.1988 was issued asking the petitioner to show cause as to why punishment of removal from service be not inflicted upon him. Petitioner filed reply to the said show cause notice. On 29.07.1988 order of removal ...
Nardev Singh and ors. Vs. Mahabir Singh and anr.
Court: Allahabad
Decided on: Apr-26-2006
Reported in: AIR2006All289
ORDERV.C. Misra, J.1. Heard Sri K.K. Arora, learned Counsel for the appellants and Sri Sankatha Rai, learned Counsel for the respondents.2. This second appeal arises out of the judgment and decree dated 21.4.1980 passed by 1st Additional District Judge, Bijnor in Civil Appeal No. 49 of 1979, Nardeo Singh and Ors. v. Mahabir Singh and Anr. confirming the judgment and order dated 28.2.1979 passed by the Additional Civil Judge, Bijnor in Original Suit No. 2 of 1975, Mahabir Singh v. Bau Ram and Ors.3. The facts of the case in brief are that Mahabir Singh - plaintiff, (respondent no. 1 to the appeal) (hereinafter referred to as 'the plaintiff) filed Original Suit No. 2 of 1975 for the relief of specific performance of contract on the basis of an unregistered agreement for sale dated 12.8.1974 against Babu Ram-original tenure holder (defendant no. 1 to the plaint and respondent no. 2 to the second appeal) (hereinafter referred to as the defendant no. l), of plot no. 90 area admeasuring 5 Bi...
Ratan Singh and ors. Vs. U.P. Avas Evam Vikas Parishad and anr.
Court: Allahabad
Decided on: Apr-26-2006
Reported in: 2006(4)AWC3513
ORDERUmeshwar Pandey, J.1. Heard Mr. Vivek Chaudhary, the learned Counsel for the petitioners and Sri Surya Shankar Pandey holding brief of Sri Vivek Saran, learned Counsel for the respondents.2. This petition challenges the order of the revisional court dated 10.1.2006 whereby the court below has allowed the revision and set aside the order of the trial court dated 24.8.2005 granting permission to the petitioners-plaintiffs to withdraw the suit with liberty to file a fresh suit.3. The suit against U. P. Awas Evam Vikas Parishad was filed in which it was alleged that the statutory notice under Section 82(2) of U. P. Awas Evam Vikas Parishad Adhiniyam, 1965, had been given but since the notice was not given by registered post, the petitioners plaintiffs did not have documentary evidence with regard to service of the said notice. As such finding this formal defect in the suit the prayer was made before the trial court for its withdrawal under Order XXIII, Rule 1 (3), C.P.C. The prayer wa...
Narendra Singh Son of Late Sardar Havela Singh Vs. Surendra Nath Dinge ...
Court: Allahabad
Decided on: Apr-26-2006
Reported in: 2006(4)AWC4179
Rakesh Sharma, J.1. The afore-mentioned writ petitions were heard and dismissed in open Court today for reasons to be recorded later on. My reasons for dismissing these writ petitions are as follows.2. Heard Sri Amitabh Misra, learned Counsel for the petitioner-tenant and Sri Anil Kumar, learned Counsel for respondent-landlord..3. In this landlord-tenant dispute, the petitioner claiming himself to be a tenant, has challenged the order dated 17.10.2003 passed by the prescribed authority rejecting the application of the respondent and declaring vacancy in respect of House No. 45, Khurshed Bagh, P.S Naka Hindola, city Lucknow (hereinafter referred to as the premises). The first floor of the premises has been released in favour of Surendra Nath Dinger, the landlord respondent.4. It has emerged from record that the premises was initially owned by one Sri Vishnu Swaroop Dinger. He had executed a registered will-deed on 17.11.1984 and in pursuance of the said Will, the respondent Surendra Nat...
Gulabia Alias Surjee Devi W/O Late Vijay Bahadur, Vs. Sitabiya Alias J ...
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(4)AWC3370
Rajes Kumar, J.1. By means of the present writ petition, the petitioners has challenged the order of the District Judge, Kaushambi dated 10th April, 2003, Annexure 25 of the writ petition, which has been passed in appeal against the judgment and order dated 25.02.2002 passed by the Civil Judge, (Senior Division), Kaushambi.2. It appears that respondent No. 1 filed an application, being succession Suit No. 15 of 2001 in the Court of Civil Judge, (Senior Division), Kaushambi under Section 372 of the Indian Succession Act, 1925, inter alia on the ground that her husband Late Vijay Bahadur died on 16.11.1999 in village Baish Kanti, Pargana Karari, Tehsil Manjhanpur district Kaushambi and legal heirs of the deceased were respondent Nos. 2, 3, 4 and 5 and Smt. Late Ram Kali wife of Dev Nath and mother of late Vijay Bahadur; that the said legal heirs had come to a compromise amongst themselves that succession certificate in respect of the money deposited in the Provident Fund of late Vijay Ba...
Noor Ahmad Son of Shri Chand Mohammad Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(4)AWC3190
S.K. Singh, J.1. By means of this writ petition, petitioner has challenged the judgment of the Board of Revenue dated 16.9.2004 and that of the Commissioner of the Division dated 5.8.1996 (annexure No. 1 and 2 respectively).2. Heard Sri Rahul Sahai, learned Advocate in support of this petition, Sri Qadir, learned Advocate who appeared for the auction purchaser and Sri Khan, learned Advocate who appeared on behalf of the U. P. Financial Corporation.3. There is no dispute about certain facts and therefore it may be summarised in brief for the purpose of disposal of the case. Petitioner took the loan from the U. P. Financial Corporation in the year 1985 to establish a bone mill, which was set up in the name of M/s. Ansari Bone Mill Private Limited on plot No. 402/3 (area 1,78 acres) in village Maudaha, district Hamirpur. Admittedly there was default in payment of the amount upon which U. P. Financial Corporation gave a notice to the petitioner for payment of the loan amount and ultimately...
Constable 608, C.P. Suryabhan Yadav S/O Late Sri Teju Yadav Vs. the St ...
Court: Allahabad
Decided on: Apr-25-2006
Reported in: [2006(110)FLR561]
A.P. Sahi, J.1. The petitioner has prayed for quashing of the order dated 19.10.2005 whereby the services of the petitioner have been terminated under Rule 7 (3) of the U.P. Police Officers and Employees (Punishment and Appeal) Rules, 1991.2. I have heard learned Counsel for the petitioner and the learned standing counsel for the respondents and have also perused the affidavits exchanged between the parties.3. The petitioner has been charged of not being diligent in his duties and even otherwise guilty of insubordination and mis behavior. The impugned order records that the petitioner had been deployed on election duty but he refused to proceed on his duty and also did not obtain arms for proceeding to the place where he was deputed. It is also indicated that the petitioner vas half dressed at the point of time when the Circle Officer intercepted him in order to see that he is deployed at his place where he has been asked to perform his duties. It is stated in the order that the petiti...
Vijay Swaroop Saxena Son of Shri Ram Chandra Saxena Vs. Aligarh GramIn ...
Court: Allahabad
Decided on: Apr-25-2006
Reported in: [2006(110)FLR502]
V.K. Shukia, J.1. Present writ petition has been filed by petitioner questioning the validity of order dated 14.02.2006 passed by General Manager/Disciplinary Authority, Aligarh Gramin Bank, Aligarh refusing to accept request of petitioner to stay departmental proceedings till criminal trial is concluded.2. Brief background of the case is that various irregularities qua withdrawal of amount from different accounts committed by the petitioner had been detected by the Bank, and departmental enquiry qua the same was sought to be initiated vide charge sheet dated 13.09.2004. An F.I.R. had also been lodged against petitioner on 09.10.2004 under Sections 409 and 420 I.P.C. In the said criminal case after investigation charge sheet has been filed before the court of Judicial Magistrate, Atrauli, District Aligarh being case No. 49 of 2005, State v. Vijay Swaroop Saxena. The Criminal court has taken cognizance of the said offence. Petitioner approached this Court by means of writ petition No. 7...
Digvijay Singh S/O Jagdamba Singh Vs. Union of India (Uoi) Through Its ...
Court: Allahabad
Decided on: Apr-25-2006
Reported in: 2006(4)AWC3232
A.P. Sahi, J. 1. The petitioner is aggrieved by the order dated 25.10.2005 whereby he has been disqualified and rendered unfit for employment as a constable by the Railway Protection Force on the ground that the petitioner had concealed the fact of his involvement in criminal cases at the time of filling up the attestation form for character and antecedent verification.2. From a perusal of the admitted facts on record, it is evident that the petitioner had filled up the form on 17.7.2005. On the said date there were criminal cases pending against the petitioner being case crime No. 11/98, case crime No. 4024/04, case crime No. 89/95 and case crime No. 5140/97. The petitioner admits having filled up the declaration form by clearly answering the said column in the negative.3. In defence the petitioner contends that none of the cases in which the petitioner was involved were of a nature which involved moral turpitude and that he was less educated and belongs to a rural back ground hence h...
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