Allahabad Court July 2006 Judgments
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Laxmi Rattan Cotton Mills (a Unit of N.T.C. (U.P.) Ltd.) Vs. the Presi ...
Court: Allahabad
Decided on: Jul-17-2006
Reported in: [2006(110)FLR955]
Anjani Kumar, J.1. This writ petition filed by the petitioner-employer against the award of the Labour Court (IV), Kanpur to whom the matter was referred to by the State Government under the provisions of the U.P. Industrial Disputes Act. The labour Court has given the award dated 3.11.1998. Aggrieved by the aforesaid award the employer filed the present writ petition.2. The following reference was made to the labour court by the appropriate authority:Whether denial of designation and pay-scale of Investigator to the six workmen referred to in the schedule is valid and justified or not, if not, to what benefit the concerned workmen are entitled to and from what date ?3. That before addressing the Court on merits, learned Counsel for the petitioner has raised preliminary objection and submitted that since these facts which came to light subsequently, may be looked into before hearing the writ petition on merits.4. Learned Counsel for the petitioner submitted that the production activiti...
iqbal Ahamad and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Jul-17-2006
Reported in: 2006(4)AWC3805
S.N. Srivastava, J.1. By an order dated 25.2.2005 this Court made the following orders:.State Government is directed to make a thorough investigation of each village of each district throughout State of Uttar Pradesh in respect of forests, tanks, ponds and garhi, water channel and riverbed etc. on the basis of the revenue records of the date of vesting....2. In compliance of aforesaid order, learned standing counsel put forth an affidavit. In paragraph 2 of the said affidavit, it has been averred that the land, which is subject-matter of writ petition, situated in Gaon Sabha Dighara Sumali, Tappa Mail, Pargana Salempur Majhwara, Tehsll Salempur, district Deoria has been earmarked and restored to the possession of Gaon Sabha in the presence of Village Pradhan. Learned standing counsel put forth yet another affidavit sworn by Devendra Nath Verma, Additional Land Reform Commissioner, Board of Revenue, U.P., Lucknow alongwith which copies of circulars dated 29.11.2005 and 20.12.2005 have b...
Ramesh Chandra Soni Vs. Ramesh Chandra Soni and ors.
Court: Allahabad
Decided on: Jul-17-2006
Reported in: 2006(4)AWC3798
Anjani Kumar, J.1. This writ petition filed by the petitioner who is tenant of the shop in dispute calls in question the order passed by the appellate authority and the order passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 (in short 'the Act') dated 8.10.2003 and 8.3.2001 respectively.2. The respondent-landlord filed an application under Section 21(1)(a) of the Act for the release of the shop in dispute in their favour for the purpose of carrying on business of sarrafa which they are carrying on from their residence in order to augment their income. The landlords' case is that the landlord is carrying on business of sarrafa in a shop which is owned by one Smt. Mehroonlsa under the name of Ramesh Chandra Suresh Chandra on the road because of the fact that the shop is to be vacated the landlord have shifted their business to their residence which is in a lane. As a result of shifting the business in a lane, the business of the landlord suffered a lot an...
ShahabuddIn Alias Sabu Vs. Mohd. Yameen Qureshi and anr.
Court: Allahabad
Decided on: Jul-17-2006
Reported in: 2006(4)AWC3685
Anjani Kumar, J.1. This writ petition filed by the petitioner-tenant under Article 226 of the Constitution of India calls in question the order dated 28.11.2005 passed by the appellate authority under the provisions of U. P. Act No. 13 of 1972 (in short 'the Act') whereby the appellate authority allowed the appeal filed by the respondent-landlord against the order dated 24.8.2002 passed by the prescribed authority under the provisions of the Act and released the accommodation in favour of the respondent-landlord and directed for eviction of the tenant.2. The respondent-landlord filed an application under Section 21(1)(a) of the Act for release of the accommodation in dispute in his favour as the landlord requires the same for occupation by his son who has finished his education and landlord wanted to settle down him in agricultural profession in the town of Lavanya in Tehsil-Sardhana, district Meerut where the accommodation in dispute is situated. The respondent-landlord has further se...
Jitendra Kumar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-17-2006
Reported in: 2007(1)AWC225
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed praying for a writ of mandamus commanding respondent No. 2 to produce original answer books of the petitioner relating to Biology 1st and Ilnd Papers as well as Practical and Supplementary Examination of intermediate Examination, 2004 and for declaration of his result.3. The petitioner appeared in the intermediate Examination. 2004 conducted by the Board of High School and Intermediate Education, U. P., Allahabad with General Hindi, English, Physics, Chemistry and Biology subjects. in the Biology 1st and Ilnd Papers he obtained only 14 and 13 marks and in Practical he obtained only 1 mark. The petitioner applied for Supplementary Examination in Biology subject and deposited the requisite fee.4. The contention of the learned Counsel for the petitioner is that nothing has been done by the respondents for declaration of his supplementary examination result.5. The learned s...
Employees State Insurance Corporation Vs. Mohd. Asfaq
Court: Allahabad
Decided on: Jul-17-2006
Reported in: I(2007)ACC584; [2006(110)FLR1210]
Barkat Ali Zaidi, J.1. Respondent-worker Mohd. Asfaq at Kanpur sustained an employment injury in his left hand on 10.7.1978. He was referred under the provisions of the Employees' State Insurance Act, 1948 to the Medical Board for determination of his disablement, in consequence thereof the Medical Board after examining him found 3% permanent loss of his earning capacity awardable to the worker. The said loss was calculated at Rs. 2,066.25 which the relevant office of the Corporation paid to respondent-worker as loss of his earning capacity after sending the respondent-worker a letter of information dated 7.10.1980.2. The respondent-worker, thereafter, preferred an Appeal No. 81 of 1980, Mohd Asfaq v. E.S.I. Corporation, under Section 54A of the afore noted Act on 23.10.1980 before the Employees' Insurance Court, Kanpur, which the Judge allowed partly and thereby modified the decision of the Medical Board to the extent that the worker Mohd. Asfaq will be awarded 5% loss of his earning ...
Honey Furnitures Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Jul-17-2006
Reported in: (2008)18VST70(All)
Arun Tandon, J.1. Heard Sri Piyush Agarwal, advocate on behalf of revisionist and learned standing counsel on behalf of the department.2. These four trade tax revisions have been filed against a common judgment and order dated March 10, 2006, passed by the Trade Tax Tribunal, Bench-I, Kanpur in respect of assessment years 1984-85, 1985-86, 1986-87, and 1987-88. The assessee claimed to be non-taxable having regard to the turnover. However on the basis of survey conducted on November 28, 1987, the assessing authority, vide order dated July 14, 1993, determined the turnover of the assessee at Rs. 1,70,000 (rupees one lac seventy thousand only) for the assessment year 1984-85, Rs. 1,90,000 (rupees one lac ninety thousand only) for the assessment year 1985-86, Rs. 2,30,000 (rupees two lac thirty thousand only) for the assessment year 1986-87, and Rs. 2,60,000 (rupees two lac sixty thousand only) for the assessment year 1987-88. Accordingly tax liability was fastened upon the assessee. Feeli...
Shailendra Son of Om Prakash and ors. Vs. the Chief Controlling Revenu ...
Court: Allahabad
Decided on: Jul-14-2006
Reported in: 2006(4)AWC3665
Rajes Kumar, J.1. By means of the present writ petition, petitioner has challenged the order dated 17.03,2004 passed in revision No. 1121 of 2003 by Chief Controlling Revenue Authority/Commissioner, Agra Division, Agra filed against the order dated 1106.2003 passed by Deputy Commissioner (Stamps), Agra Division, Agra.2. The brief facts giving rise to the present writ petition are that the petitioners purchased plot No. 317/5/1 area 1 Bigha 5 Biswa and 7 Biswansi situated in village Hyatwasan, Pargana, Tehsil and district Agra for Rs. 10 lacs and on the valuation of Rs. 10,47,000/- paid the stamp duty at Rs. 1,04,700/-. The sale deed was registered on 03.11.2000. The valuation of the land in dispute was made on the basis of the circle rate fixed by the District Magistrate for the agriculture land @ Rs. 35 lacs per hect. It appears that the Additional District Magistrate (Finance and Revenue) made a survey on 25.01.2003 and submitted a report stating therein that the land was abadi land,...
Rajesh Singh Son of Shri Ram Kishore Singh Vs. Labour Court,
Court: Allahabad
Decided on: Jul-14-2006
Reported in: 2006(4)AWC3661; [2006(111)FLR89]
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the award dated 22,06.2002 of the Prescribed Authority, Labour Court, Allahabad on a reference made by the Deputy Labour Commissioner.2. The brief facts of the case are that the petitioner worked with respondent Nos. 3 and 4 during the period 1.4.1988 to 31.8.1989 without any break as a labour on daily wage basis and has been removed from service after 31.7.1989. The case of the petitioner is that he worked for more than 240 days in a year continuously and therefore, could not be removed from service without following the provisions of Section 6 N and 6 P of the U.P. Industrial Dispute Act. He submitted that he has given various representations right from the year 1989 in this regard. When the representation was not decided, he filed writ petition No. 150 of 1999 in which direction has been issued by this Court to dispose of the representation. The repres...
Karhal Education Society Through Its Secretary Sri Sheo Nath Dubey, Vs ...
Court: Allahabad
Decided on: Jul-14-2006
Reported in: 2006(4)AWC3975
Rajes Kumar, J.1. By means of the present writ petition, petitioner has challenged the order of the Assitant Registrar dated 06.02.2001, (annexure-8 to the writ petition) and claimed the following relief:(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 6.02.2001 (Annexure-8 to this writ petition), passed by the respondent No. 1. (ii) issue a writ, order or direction in the nature of certiorari quashing the contents of the order mentioned in the letter of the branch Manager State Bank of India, Karhal branch, district Mainpuri. (iii) To issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) To award the costs of this petition to the petitioners. 2. Brief facts as stated in the writ petition are as follows:There is a society named Karhal Education Society, registered under the Societies Registration Act, 1860. The society was registered on 01.04.1947. It has its own ...
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