Allahabad Court April 2006 Judgments
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Kiran Sonkar Wife of Shri Lalta Prasad Sonkar and Bibha Singh Wife of ...
Court: Allahabad
Decided on: Apr-12-2006
Reported in: 2006(3)AWC2857
A.P. Sahi, J.1. This petition and the other related similar matters have principally raised a challenge to the Government order dated 12th of Jan. 2006 whereby the Secretary, Women and Child Development Department, Govt. of U.P. Lucknow has issued directions cancelling all selections of Aanganbadi Workers and Assistants seeking appointments under the Integrated Child Development Services. The ground of challenge is that en-masse cancellation of selections is without any basis and therefore, the State action is unreasonable and smacks of arbitrariness, thereby violating Article 14 of the Constitution of India.2. The learned Chief Standing Counsel Sri C.B. Yadav has resisted the arguments raised on behalf of the petitioners and has urged that it was on account of complaints having been received from several districts that such a step became necessary in order to ensure transparency and fairness in the selection of Aanganbadi workers and assistants. He submits that the government order da...
Super Electronics Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Apr-12-2006
Reported in: (2007)8VST280(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 09.09.1999 for the assessment year 1994-95 under the Central Sales Tax Act (hereinafter referred to as 'Central Act)2. Applicant was carrying on the business of electronics goods. For the assessment year 1994-95, applicant disclosed the taxable inter-State sales at Rs. 15.01.9747-. The dispute relates to the rate of tax on the turn over of Rs. 1,45,000 -. It was assessed to tax @ 10% whereas the applicant had admitted the liability of tax @ 4% under the notification No.TT-II-3407/XI-9(116)-94-Act-74/56-Order-94, dated 01.10.1994. In respect of the aforesaid sales Form 'C' was not furnished but in view of the aforesaid notification, issued in exercise of powers under Section 8(5) of the Central Act even in the absence of Form 'C' it is claimed to be taxable (a) 4%, According to the assessing authority, the notification No.TT-II-3407...
Bankey Lal Vs. Jamvant
Court: Allahabad
Decided on: Apr-12-2006
Reported in: 2006(3)AWC2811
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant has challenged the order passed by the prescribed authority under the provisions of the U.P. Act No. XIII of 1972 (in short 'the Act') dated 14th May, 2003 and the order passed by the appellate authority under the provisions of the Act dated 23rd November, 2004, copies whereof are annexed as Annexures-3 and 7 respectively, to the writ petition.2. The facts leading to the filing of present writ petition are that the respondent-landlord filed an application under Section 21(1)(a) of the U.P. Act No. XIII of 1972 for release of the accommodation in dispute, which is a shop, in favour of the landlord setting up his personal bona fide need to establish his sons in the business of electronic goods after the shop is released in his favour,3. The petitioner-tenant contested the aforesaid release application before the prescribed authority. The prescribed authority vide its...
Smt. Vidyawati Vs. Sri Ram Agarwal and ors.
Court: Allahabad
Decided on: Apr-12-2006
Reported in: 2006(4)AWC3692
Rakesh Sharma, J.1. Heard Sri S.K. Mehrotra, learned Counsel for the petitioner-tenant and Sri Rajesh Kumar Pandey, learned Counsel for respondents.2. This is a tenant's writ petition challenging the release/eviction order passed by the Prescribed authority/ Civil Judge (Junior Division), Sadar, Faizabad on 11.10.2002 and the appellate court's order dated 7.3.2006 dismissing the appeal of the tenant. The petitioner-tenant has been directed to vacate the premises in question.3. It emerges from record that in the year 1970, the petitioner's husband late Gokul Chandra was inducted as tenant in the first and second floors of House No. 975, Mohalla Fatehganj, in the city of Faizabad. The tenant was paying Rs. 50 per month as rent for the two floors' accommodation having three rooms, kitchen, courtyard, latrine, bath-rooms, roof etc. An application under Section 21(1)(a) of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. XIII of 1972), hereinafter refer...
Central Bureau of Investigation Vs. Shri Arun Kumar Kaushik S/O Shri B ...
Court: Allahabad
Decided on: Apr-10-2006
Reported in: 2006CriLJ2947
Vinod Prasad, J.1. Central Bureau of Investigation has approached this Court under its inherent jurisdiction, under Section 482 Cr. P.C., with the prayer to quash the order-dated 5.10.05 passed by the Additional Sessions Judge, Ghaziabad in ST. No. 608 of 2005, C.B.I. v. Arun Kumar Kaushik and Ors., under Sections 302, 307, 323 I.P.C. P.S. C.B.I., SCB Lucknow By the impugned order, the trial court has rejected the application 19-Ka by which the public prosecutor C.B.I. wanted to cross-examine P.W. 2 S.K. Goyal without declaring him hostile under Section 162 Cr. P.C. in respect of his statement recorded under Section 161 Cr. P.C.2. The factual matrix of the case is that Miss. Smita Bhaduri D/o Shri S.K. Bhaduri R/o Modipuram, Meerut was murdered on 14.1.2000 and In that incident one Mohit Tyagi S/o Shri R.K. Tyagi received injuries. The malefactors of the said incident were the police officers Arun Kumar Kaushik (Inspector), Bhagwan Sahai and Surendra Kumar (Constable), all posted at P....
Suresh S/O Prathawi Ram and ors. Vs. the State of U.P. and
Court: Allahabad
Decided on: Apr-10-2006
Reported in: 2006CriLJ4814
Vinod Prasad, J.1. A set of uterine brothers-Suresh, Krishna and Kalyan along with Hardwari and Hardev have prayed for quashing of charge sheet of crime number 264A of 2004, under Sections 147, 148, 149, 324, 504, 506, 323 and 307 IPC, Police Station Islam Nagar, District Badaun, which has been registered as criminal case number 1501 of 2004 State v. Suresh and Ors. pending before Judicial Magistrate, Bisauli District Badaun, by invoking inherent power under Section 482 Cr.P.C. by this Court. They have also prayed for stay of further proceedings of the aforesaid case during the pendency of the above noted application in this Court.2. The factual background of the case are that a FIR was lodged by Charan Singh at police station Islam Nagar district Badaun on 28.5.2004 against the present applicants under Sections 147, 323, 324, 504 and 506 IPC in respect of an incident alleged to have taken place on 28.5.2004 at 1 P.M. with the allegations that the accused persons the present applicants...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Apr-10-2006
Reported in: 2006(3)AWC3007
Bharati Sapru, J.1. This writ petition has been filed against an award of the Labour Court dated 22.3.96 passed in Adjudication No. 250 of 1985, by which, the Labour Court reinstated the respondent workman Mahendra Singh Tyagi with full back wages. The dispute was raised in the year 1985 and it has taken 20 years for the matter to be heard finally at the High Court level. The position as on today is that the respondent workman has attained the age of superannuation and, therefore, the question of reinstatement is no longer alive except granting the benefits of reinstatement in terms of money.2. The facts of the case are that the respondent workman was terminated by the Corporation on 6.2.81 on the ground of absenteeism. While the Corporation says that the respondent workman did not attend duties from 6.2.81, the workman's story on fact, is different. He says that on account of having met with an accident, he was allowed light duties and he continued to be at the service of the petition...
Mohd Sajid Ansari S/o Sri Mohd. Ramzan alias 'Bahaduri' Vs. State of U ...
Court: Allahabad
Decided on: Apr-10-2006
Reported in: AIR2006All308; 2006(2)AWC1830
B.S. Chauhan, J.1. The instant case relates to the grant of permits and/or counter-signatures increasing the number of trips of vehicles on inter-State routes under the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act'). The facts and circumstances giving rise to this case, which are necessary to explain the controversy involved herein, are stated in brief.2. Petitioner has a permanent stage carriage permit on inter-State route, Jhansi-Mahoba via Naugaon, a route which runs to 161 Kms., and out of which, 97 Kms. falls within the State of U.P. and 64 Kms. falls within the State of Madhya Pradesh. There is a reciprocal agreement between the States of U.P. and Madhya Pradesh under the provisions of the Act, providing the ceiling of permits on this route, that is, four trips for the operators of U.P., and accordingly, the Transport Authority in U.P. has granted three permits. The vehicles have four single trips per day on the route in rotation. Petitioner filed an ap...
Navyug Supplies Proprietorship Firm of (Late) Brahma Avtar Sharma Thro ...
Court: Allahabad
Decided on: Apr-10-2006
Reported in: AIR2007All17
Arun Tandon, J.1. Heard Sri S.D, Singh, Advocate on behalf of applicant-revisionist and learned Standing Counsel on behalf of Respondent.2. This Trade Tax Revision has been filed by M/s Navyug Krishak Suppliers, Chandhausi, Moradbad, a partner-ship firm, in respect of proceedings, which have been initiated against the firm under Section 3-B of the U.P. Trade Tax Act, 1948 (hereinafter referred to as the 'Act of 1948').3. The facts relevant for the purpose of present Trade Tax Revision are as follows:4. The Assessee-firm is engaged in manufacture and sale of agricultural implements. The firm has received recognition certificate under Section 4-B of the Act of 1948 bearing Registration Certificate No. 153 dated 18t April, 1997 (A copy whereof has been enclosed as Annexure No. 1 to the present Trade Tax Revision). Amongst other certificate categorically records that the Assessee would be entitled for concessional rate of tax on purchase of iron and steel.5. It is not in dispute that the r...
Suresh S/O Lala Ram Vs. State
Court: Allahabad
Decided on: Apr-06-2006
Reported in: 2006CriLJ2960
Imtiyaz Murtaza, J.1. This jail appeal has been filed against the judgment and order dated 17.5.2002 passed by Addl. District & Sessions Judge, F.T.C. No. IT Agra whereby the appellant is convicted under Section 302 I.P.C. and sentenced to imprisonment for life.2. The report of the occurrence was lodged by Kali Charan at P.S. Khandauli, district Agra on 19.10.1998. According to the allegations of the first information report, on 19.10.1998 in the noon his son Charan Singh and nephew Pramod Kumar were grazing their catties near the brick-klin of Netrapal Singh. At about 3.00 P.M. Suresh Baghel resident of Vijaygarhi, P.S. Tundala, district Firozabad reached there and chased away the cattle. When Pramod stopped the catties being driven away, Suresh strangulated his son Charan Singh with a cloth. Pramod raised alarm and Suresh ran away by leaving the cloth around the neck of his son. The villagers had removed the cloth from the neck of Charan Singh but till that time he was already dead. ...
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