Allahabad Court July 2006 Judgments
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Commissioner of Trade Tax Vs. Hina Cooler Corporation
Court: Allahabad
Decided on: Jul-25-2006
Reported in: (2007)8VST164(All)
Rajes Kumar, J.1. These two revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') are directed against the order of Tribunal dated July 28, 1999 relating to the assessment year 1996-97. Revision No. 609 of 1999 relates to the penalty under Section 13A(4) of the Act while Revision No. 611 of 1999 relates to the assessment proceedings.2. Dealer/opposite party (hereinafter referred to as 'dealer') was engaged in the business of manufacture and sale of cooler body and had disclosed its turnover at Rs. 77,665 which had been raised to Rs. 8,90,000 by the assessing authority by way of best judgment assessment. In first appeals, turnover has been reduced to Rs. 1,20,000. Tribunal allowed both the appeals and accepted the disclosed turnover. Penalty under Section 13-A(4) of the Act has been levied on the ground that on February 13, 1997, Trade Tax Officer, Mobile Squad, Bulandshahar, had found that the goods for Rs. 15,900 against Bill No. 52 was bein...
Anand Son of Lakhiram Vs. Up Zila Adhikari and ors.
Court: Allahabad
Decided on: Jul-24-2006
Reported in: 2006(4)AWC3983
Vineet Saran, J.1. Election for the post of Pradhan of village Chandauri Khaas, Vikas Khand Rohta, Tehsil and District Meerut was held on 17.8.2005. Besides other candidates, the writ petitioner and the respondent No. 2 had also contested the election and since both of them had secured equal number of votes, the declaration of election result was made by draw (toss), in which the petitioner was declared elected. The Respondent No. 2 (Mahak Singh) thereafter filed Election Petition No. 8 of 2005 before the Sub Divisional Officer (S.D.O.), Respondent No. 1 with the prayer for directing recounting of ballots and declare him elected. The writ petitioner (who was arrayed as opposite party in the Election Petition) filed his reply denying the allegations. An application was thereafter filed by the Respondent No. 2-election petitioner on 19.12.2005 enumerating therein various shortcomings in the counting of votes, and thus prayed that the matter be resolved by directing recounting. In respons...
Sundershan Kumar Son of Hari Chand Jaluria Vs. State of U.P. Through S ...
Court: Allahabad
Decided on: Jul-21-2006
Reported in: 2007(1)AWC275
Tarun Agarwala, J.1. Heard Sri V.K. Srivastava, the learned Counsel for the petitioner, Sri Anil Bhushan, the learned Counsel appearing for respondent No. 6 and the learned Standing Counsel appearing for respondent Nos. 1, 2 and 3.2. Since, no factual controversy is involved in the present case, the writ petition is being decided finally without calling for a counter affidavit.3. It transpires that a permanent Principal retired on 30.6.2003. Sri Ram Murti Garg, the respondent No. 6 was the senior most teacher and the Committee of Management offered him to officiate on the post of Principal. The respondent No. 6 expressed his inability to officiate as the Principal. Consequently, the Committee of Management appointed the next senior most teacher namely, Sri Murari Lal as the officiating Principal. Sri Murari Lal continued to perform his duties as the officiating Principal till 30.6.2006 and, upon his retirement, he handed over the charge to the respondent No. 6, as per the directions of...
Smt. Farooqi Begum Widow of Late His Highness Nawab Hamid Ali Khan Vs. ...
Court: Allahabad
Decided on: Jul-21-2006
Reported in: 2007(1)AWC186
Sunil Ambwani, J.1. The second appeal was admitted on 1.5.1975 before the enforcement of CPC (Amendment) Act, 1976, Section 35 (w.e.f. 1.2.1977).2. During the pendency of the appeal Smt. Farooqi Begum, the original defendant- appellant died. Nawabzadi Nanhi Begum filed a substitution application as her heir and legal representative. While the application was pending, she also died on which Shri Jafar Ali Khan and Shri Swaley Ali Khan both sons of Nawabzadi Nanhi Begum and Sahzada Mohd. Ahmad Khan filed an application for substituting them as her heirs and legal representatives. Both these applications were allowed on 28.7.2000. 3. This appeal was thrice dismissed for want of prosecution between the year 2003 and 2004. It was restored on each occasion.4. Heard Shri Ravi Kant, Senior Advocate assisted by Shri M.K. Pandey for the defendant-appellants and the Standing Counsel for the State of U.P., the plaintiff-respondent.5. The State of U.P. filed O.S. No. 1 of 1964 on 8.1.1964 against S...
Harendra Pratap Singh S/O Late Sri Ram Sevak Singh and Rajendra Prasad ...
Court: Allahabad
Decided on: Jul-21-2006
Reported in: 2006(4)AWC3652
Arun Tandon, J.1. Heard Sri Indra Raj Singh, Advocate on behalf of petitioner, and learned Standing Counsel on behalf of respondent Nos. 1, 2, 4 and 5. Respondent No. 3 is represented by Sri C.M. Shukla, Advocate,2. This writ petition was listed before this Court on 19th July, 2006. In the revised reading of the cause list, learned Counsel for the petitioner was present. However, learned Counsel for the respondent No. 3 was not present. In such circumstances this Court passed an order directing that the matter may come up on Friday i.e. 21st July, 2006 as unlisted with a further direction to the learned Counsel for the petitioner to inform Sri C.M. Shukla, Advocate about the case being placed in the unlisted cause list on Friday i.e. 21st July, 2006.3. Today Sri Indra Raj Singh, learned Counsel for the petitioner has produced a copy of the notice forwarded to Sri C.M. Shukla, Advocate in writing informing that the case is being placed before this Court as unlisted matter today. On the ...
Pramod Kumar Chaturvedi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-2006
Reported in: 2007(1)AWC445
S.N. Srivastava, J.1. Challenge in this writ petition is focused on the appointment letter dated 5.12.1990. passed by Mukhya Nagar Adhikari Nagar Nigam, Lucknow-respondent No. 2 issued to opposite party No. 5 appointing him as foreman in the R. R. Workshop, Nagar Nigam, Lucknow, The relief sought in the writ petition, besides being for a writ of certiorari quashing the appointment of the respondent No. 5, and recommendation of the Selection Committee dated 7.7.2000, is for a writ of mandamus directing the opposite parties to appoint the petitioner on the aforesaid post on account of his being the only qualified and eligible candidate as per the service Rules.2. The dispute in the present petition centers round the appointment on the post of foreman in R. R. Workshop (Health Department) by direct recruitment in Nagar Nigam, Lucknow. This post was advertised by Additional Mukhya Nagar Adhikari by the order dated 14.5.2000. According to the advertisement, the requisite qualification presc...
Harsh Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-21-2006
Reported in: 2007(1)AWC374
S. Rafat Alam and Sudhir Agarwal, JJ.1. This writ petition is directed against the order dated 6.6.2006, passed by the Commissioner and Secretary, Board of Revenue, U. P., Lucknow (respondent No. 2) placing the petitioner under suspension in a contemplated departmental proceeding.2. Sri H.N. Shukla, learned Counsel for the petitioner contended that the petitioner has been placed under suspension on the allegation of allotment of 800 bighas of agricultural land in village Rampur Shahpur, district Aligarh, fraudulently to 231 persons by granting approval in back date ignoring the fact that the approval granted by the petitioner while working as Tehsildar was in exercise of his statutory powers under Sections 195 and 197 of the U.P.Z.A and L.R. Act. He further submitted that the action of the petitioner being statutory exercise of power and if there was any illegality or irregularity in exercise of said power the statute provided remedy of appeal against such orders and, therefore, the di...
Committee of Management Kalyankari Uchchatar Madhyamik Vidyalaya Throu ...
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2006(4)AWC3649
S.K. Singh, J.1. Heard Sri S. K. Yadav, learned Advocate in support of this petition and Sri Alam, learned Standing Counsel in opposition thereof.2. Prayer in this petition is for quashing the order dated 13.8.1998 (annexure No. 5) passed by the respondent No. 2 by which the request for sanction of the additional posts in the college in question was rejected. There appears to be no dispute about certain facts and, therefore, they can be summarised thus.3. There is an institution in the name of Kalyankari Uchchatar Madhyamik Vidyalaya, Bharana, district Bulandshahr which was recognized as a junior high school which was included in the list of institution receiving grant-in-aid from the State Government within the purview of U. P. Junior High School (Payment of Salary to Teachers and other employees )Act, 1978. The institution is said to be granted recognition as High School in the year 1990 but the same is not receiving grant-in-aid from the State Government and is not within the purvie...
Raghuveer Singh JaIn Son of Sri Lala Mehar Chand JaIn Retired Noter an ...
Court: Allahabad
Decided on: Jul-20-2006
Reported in: [2006(111)FLR20]
V.C. Misra, J.1. Sri Raghuveer Singh Jain-petitioner in person and Sri Nishant Mehrotra, Advocate, holding brief of Sri A.K. Mehrotra, learned Counsel for the respondents are present. Counter and rejoinder affidavits have been exchanged between the parties. On the joint request of learned Counsel for the parties, this writ petition is being disposed off at the admission stage.2. This writ petition has been filed by the petitioner being aggrieved by impugned order dated 4.10.1999 (Annexure No. I to the writ petition), passed by respondent No. 4 rejecting the representation of the petitioner moved on the direction dated 16.7.199 issued by this Court in writ petition No. 10446 of 1996, claiming retiral benefits taking into account the services rendered with the ex-licensee and not to recover the difference of salary after exparte revision of salary and pension by the respondents.3. The facts of the case in brief are that the petitioner was appointed as a clerk on 21.8.1958 in the Electric...
Babundar Singh Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2006
Reported in: 2006(4)AWC3763
Vineet Saran, J.1. An election for the post of Gram Pradhan of the village in question was held on 17.8.2005 in which one Rajesh Rai was elected as Gram Pradhan. On 2.10.2005 said Rajesh Rai was murdered and thereby a vacancy occurred on account of the death of Gram Pradhan of the Gram Sabha Balua Tappa Kathaut (Hariharpur), Block Mohammadabad, district Ghazipur. Thereafter on 23.2.2006 the respondent No. 5, District Panchayat Raj Officer, Ghazipur has passed an order appointing a Committee to carry on the development work of the village as provided under the U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994. This writ petition has, thus, been filed for quashing the order dated 23.2.2006 passed by respondent No. 5 and also for a direction in the nature of mandamus directing the respondents to hold the election of the Gram Pradhan of the village in question, within a stipulated period as may be fixed by this Court.2. I have heard Sri Gyanendra Kumar Singh, l...
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