Allahabad Court July 2006 Judgments
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Radico Khaitan Ltd. Through Sri Brijesh Agarwal Constituted Attorney o ...
Court: Allahabad
Decided on: Jul-10-2006
Reported in: (2007)208CTR(All)406; [2007]292ITR507(All)
1. We have heard Sri Ravi Kant, Senior Advocate assisted by Sri Vishal Agarwal, advocate, learned Counsel for the petitioner and Sri Govind Krishna, advocate, for the respondent Income Tax Department.2. The petitioner is challenging the order dated 20.6.2006 passed by the Commissioner of Income Tax, Moradabad under Section 127(2)(a) of the Income Tax Act, 1961 (in short referred to as the Act). A copy of the same is enclosed as Annexure 7 to this writ petition. By the impugned order, a case of the petitioner pending before the ACIT, Range-l, Moradabad, has been transferred to the DCIT, central Circle-4, New Delhi.3. For ready reference, the contents of Section 127 of the Act, are reproduced below:127. Power to transfer cases. - (1) The Director General or Chief Commissioner or Commissioner may, after giving the assessee a reasonable opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, transfer any case from one or mor...
Pankaj Gupta S/O Late M.P. Gupta Vs. Presiding Officer,
Court: Allahabad
Decided on: Jul-10-2006
Reported in: (2006)IIILLJ871All
Rajes Kumar, J. 1. By means of the present writ petition, petitioner has challenged the order of the Prescribed Authority Labour Court dated 06.03.2002 under the U.P. Industrial Dispute Act (hereinafter referred to as 'Act' )2. In the writ petition, petitioner stated that he was working with the respondents No. 2 and 3 as Accountant Assistant, He was engaged by the respondent No. 3 and worked continuously from 21.02.1992 to 31.03.1996. On 31.03.1996 petitioner was denied the work. Thus, according to the petitioner on the said date, petitioner service was terminated. Petitioner raised an industrial dispute before Deputy Labour Commissioner. Consequently a reference was made by Deputy Labour Commissioner to the Prescribed Authority to decide whether the termination of the service of Sri Pankaj Gupta, son of late M.P.Gupta from 31.03.1996 was justified and legal and if not whether the employee was entitled for the compensation and from which date. Notice were issued to the petitioner as w...
Prashant Shukla Son of Late Ram Autar Shukla Vs. the State of U.P. Thr ...
Court: Allahabad
Decided on: Jul-10-2006
Reported in: 2006(4)AWC4213
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the impugned order dated 13.09.2004 passed by the respondent No. 2 and the resolution of the Committee of Management dated 29th March, 2004 passed by respondent No. 3.2. The brief facts of the case giving rise to the present writ petition are that there is a registered Society in the name of National Degree College, Bhongaon registered under the Societies Registration Act, 1860. It has it own bye laws and there is no dispute in this regard. The bye-laws provide that there will be eleven members of Board of Trustee and paragraph-2 provides that the trustee member of the society will cease the right of member trustee due to the death, resignation, conviction of an offence or involved in a criminal case of moral turpitude and unsoundness mind. It further provides that trustee member will cease to function if he is found to act against the interest of the ins...
Ram Sunder Son of Late Sri Kishori Vs. State of U.P. Through Principal ...
Court: Allahabad
Decided on: Jul-10-2006
Reported in: [2006(110)FLR860]
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the order of the Prescribed Authority. Labour Court dated 07.05.2003 passed on a reference made by the Labour Commissioner.2. The brief facts of the case are that that the petitioner was working on the post of labour since 1968 with respondent Nos. 2 and 3 and according to him has been retrenched w.e.f. 31.07.1998. It is claimed that as per High School Certificate, the date of birth of the petitioner is 10.07.1947 and he was aged about 25 years when he joined the service and as per Rules the age of superannuation is 60 years, thus, the petitioner is to retire on 3 1.07.2007, while he has been removed from service on 31.07.1998. According to the petitioner, he has been removed without complying the procedure of Section 6 N and 2 P of the U.P. Industrial Dispute Act, 1947.3. The case of the respondent is that the petitioner has not been removed from service...
Pastor, Central Methodist Church Vs. Kailash Chand Saxena and ors.
Court: Allahabad
Decided on: Jul-10-2006
Reported in: 2006(4)AWC3773
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the order dated 21.12.2002 passed by the Civil Judge (Junior Division), Koil rejecting the amendment application filed by the petitioner seeking the following reliefs:(i) to issue a writ, order or direction in the nature of certiorari quashing the order of Civil Judge (Junior Division), Koil, Aligarh in Original Suit No. 347 of 1998 dated 21.12.2002 (Annexure-4 to the instant writ petition) and to allow the application 74-Ka seeking amendment in the written statement.(ii) to issue any other suitable writ, order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case.(iii) to award costs of this petition to the petitioner.2. The petitioner is a defendant in suit No. 347 of 1998 filed by the plaintiff-respondents for prohibitory and mandatory injunction, inter alia, on the ground that the petitioner-de...
Dr. Vinay Samuel Arawattigi S/O Late Dr. S.S. Arawattigi Vs. the Princ ...
Court: Allahabad
Decided on: Jul-07-2006
Reported in: AIR2007All13; 2006(4)AWC3786
V.K. Shukla, J.1. Petitioner Dr. Vinay Samuel Arawattigi has approached this Court questioning the validity of the order passed by the Judge Family Court, Kanpur Nagar holding that Court at Kanpur Nagar has authority and jurisdiction to deal with the application moved on behalf of the Respondent Smt. Rashmi Harry under Section 25 of Guardians & Wards Act, 1890.2. Brief facts giving rise to the instant writ petition in brief is that petitioner and respondent No. 2 were married as per Christian Rites and Rituals on 2.8.1999 at Miraj (District Sangli Maharastra). After the said marriage had been solemnized, couple in question started living together at Vail Memorial Hospital Campus Miraj District Sangli. Out of said wedlock baby 'Simran' was born on 23.11.2001 at Kanpur Nagar. It has been asserted by the petitioner that after some post maternity treatment the petitioner alongwith respondent No. 2 and minor child Simran flew back to Miraj from Lucknow via Delhi on 26.12.2001 where they liv...
Bhola Nath Son of Pancham Vs. Deputy Director of Consolidation and ors ...
Court: Allahabad
Decided on: Jul-07-2006
Reported in: 2007(1)AWC86
S.N. Srivastava, J.1. This writ petition is directed against the order dated 7.4.06 passed by District Deputy Director of Consolidation Sarit Ravi Das Nagar, Bhadohi allowing restoration application dated 19.2.2005, setting aside the ex parte order dated 22.12.2001 and directing the parties to appear before him for hearing on merit,2. The dispute relates to plot Nos. 576 and 577 situated in village Bankat Uparwar, Tahsil Gyanpur, District Sant Ravidas Nagar, Bhadohi.3. Heard learned Counsel for the parties.4. Learned Counsel for the petitioner urged that impugned order of Deputy Director of Consolidation is without jurisdiction as notification under Section 52 of U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) had already been published and Application to recall the ex parte order passed prior to notification under Section 52 of the Act, was not maintainable and was liable to be set aside. He further urged that the impugned order otherwise also suffers from erro...
Smt. Tejendra Chawla W/O Sri R.S. Chawla Presently Working as Assistan ...
Court: Allahabad
Decided on: Jul-07-2006
Reported in: 2006(4)AWC3765
Ashok Bhushan, J.1. Heard counsel for the petitioner, Sri P.M. Saxena, Senior Advocate appearing for the respondents and the learned standing counsel.2. By this writ petition, the petitioner has prayed for quashing the order dated 7th August, 2004 passed by Joint Director of Education (Annexure-1 to the writ petition).3. The dispute in the writ petition relates to the seniority of the petitioner and respondent No. 6. the Joint Director of Education by the impugned order dated 7th August, 2004 has declared the respondent No. 6 senior to the petitioner while exercising jurisdiction under Chapter- II, Regulation 3 of the U.P. Intermediate Education Act, 1921.4. Brief facts necessary for deciding the writ petition are; the petitioner was appointed in the year 1969 in a recognised institution, namely, Sahay Singh Balika Vidyalaya, Narhi, District Lucknow. By an order dated 28th September, 1983 the Regional Inspectress of Girls Schools, 4th Region, Allahabad transferred the petitioner from S...
Anil Kumar Gupta Son of Late Sri Om Prakash Gupta Vs. the Oriental Ins ...
Court: Allahabad
Decided on: Jul-07-2006
Reported in: [2006(111)FLR237]
V.K. Shukla, J.1. Civil Misc. Writ Petition No. 52516 of 2003 has been filed by the petitioner for issuing a writ in the nature of mandamus commanding the respondents to make promotion of petitioner on the post of Senior Assistant against 3% reservation quota for physically handicapped persons in pursuance of Government order dated 20.11.1989 with effect from 1996-97 and also further to award seniority and consequential benefits from the said date.2. Civil Misc. Writ Petition No. 6201 of 2003 has been filed by the petitioner for quashing the communications dated 24.11.2003 and 03.12.2003 rejecting the candidature of petitioner for the post of Assistant Accounts Officer (A) and further for providing statutory reservation of 3% meant for physically handicapped persons in promotional exercise 2003 in terms of Section 33 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, an thereafter accord promotion accordingly.3. Brief facts gi...
Chandan Singh Vs. Shyam Sunder Agrawal
Court: Allahabad
Decided on: Jul-07-2006
Reported in: 2006(4)AWC4192
Prakash Krishna, J.1. Questioning the legality and propriety of the order dated 25.5.2005, whereby the defence of the tenant has been struck off, the present revision has been filed under Section 25 of the Provincial Small Causes Court Act.2. The factual matrix of the case qua the above controversy in brief is as follows:The opposite party, Shyam Sundar Agrawal, instituted S.C.C. Suit No. 1 of 2004 against the present applicant Chandan Singh, who is defendant in the said suit for recovery of damages for use and occupation of the disputed shop as well as ejectment of the defendant on the pleas inter alia that for a period of 11 months, the plaintiff on 20.2.2003 let out the disputed shop, described at the foot of the plaint, on a monthly rent of Rs. 5,000 to the defendant tenant. It was pleaded that the defendant tenant executed a rent deed for the aforesaid period of 11 months on the said date, i.e., 20.2.2003. The defendant having failed to handover the vacant possession after the exp...
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