Allahabad Court August 2006 Judgments
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Sabhajeet Pandey Son of Late Sri Dwarika Prasad Pandey Manager, Commit ...
Court: Allahabad
Decided on: Aug-18-2006
Reported in: 2006(4)AWC3614
D.P. Singh, J.1. All these petitions raise common questions on somewhat similar facts and, therefore, on the request of the parties, they are being decided by a common order.2. Only those facts which run through the spine of the petitions are being noted which are necessary for their decision. With the consent of the parties, writ petition of Sabhajeet Pandey is taken up as the lead petition.3. Heard learned Counsel for the parties.4. Dwarika Prasad Higher Secondary School is a duly recognized Intermediate College but receives grant-in-aid only upto the High School level. Election disputes of Committee of Management led the Joint Director of Education, Varanasi Region, Varanasi to appoint an Authorized Controller vide order dated 23.7.2003, which was subjected to challenge by Sabhajeet Pandey, claiming to be the manager in Writ Petition No. 39207 of 2003 wherein an injunction was granted against the Authorized Controller vide order dated 8.9.2003 restraining him from making any appoint...
Hashmat Ullah Khan Vs. Iqbal Ahmad Khan Alias Mintoo
Court: Allahabad
Decided on: Aug-18-2006
Reported in: 2006(4)AWC3837
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner and perused the record.2. The petitioner has prayed for a writ in the nature of certiorari quashing the Judgment and order dated 21.10.2005, passed by the Judge Small Cause Court, Agra and the judgment and order dated 9.5.2006, passed by the District Judge, Agra, contained in Annexures-6 and 8 respectively to the writ petition besides a writ in the nature of mandamus commanding the respondent not to proceed further in the S.C.C. Suit No. 57 of 2004, pending before the Judge Small Cause Court, Agra, until the decision of Original Suit No. 349 of 2003, Smt. Qamar Jahan and Ors. v. Shri Iqbal Ahmad and Ors., pending in the Court of the Civil Judge (Senior Division), Agra.3. The brief facts of the case are that the plaintiff-respondent Iqbal Ahmad Khan alias Mintoo Son of late Sri Yakoob Khan Resident of 15/2,Ghalia Azam Khan Post Ghatia Azam Khan city and district Agra filed S.C.C. Suit No. 57 of 2004, Iqbal Ahmad Khan v. Hasmat...
Naresh Chandra Kapoor Vs. O.P.S. Malik and anr.
Court: Allahabad
Decided on: Aug-18-2006
Reported in: 2006(4)AWC3570
M.C. Jain, J.1. Two persons are facing these contempt proceedings. They are O.P.S. Malik and S.N. Pandey.2. It would be appropriate to have a resume of the background. The contempt proceedings came to be initiated with regard to the alleged deliberate and contemptuous act of the two opposite parties named above in showing utter disregard and committing violation and disobedience of order dated 16.3.1993 passed by this Court in Civil Misc. Writ Petition No. Nil of 1993 (subsequently numbered as 8531 of 1993) filed by the petitioner Naresh Chandra Kapoor. The dispute pertained to the release of certain accommodation owned by the petitioner-landlord which was in occupation of a tenant, namely, Smt. Sayeeda Farooqui on the ground of bonajide requirement of the landlord. S.C.C. Suit No. 19 of 1982 for eviction of the tenant filed by the petitioner had already been decreed by the J.S.C.C. and Revision No. 325 of 1985 against the order decreeing the suit was pending before the revisional cour...
Justice Birendra Dikshit (Retired) and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-18-2006
Reported in: 2006(4)AWC3618
B.S. Chauhan, J.1. Mandhyan, learned senior counsel appearing for the petitioners submits that he wants to delete the names of respondent Nos. 6 to 12 from the array of parties and restrict his case only against respondent Nos. 1 to 5. He is permitted to do so and the names of respondent Nos. 6 to 12 be deleted from the array of the parties. Any pleadings against the said respondent Nos. 6 to 12 stands automatically deleted and no argument shall be advanced against them.2. The petitioners by means of the present writ petition have challenged the order dated 6.2.2006 (Annexure-17) passed by the Collector, Allahabad, whereby he has directed for removal of encroachment from the 15 feet wide common passage, which forms part of nazul plot No. 'A-A', Civil Station, Allahabad.3. The dispute in the writ petition relates to a portion of nazul plot 'A-A'. Civil Station,. Allahabad. Admittedly the said nazul plot having an area of 1 acre 1807 sq. yard had been leased out to the predecessor-in- in...
Vishwa Nath Tripathi, Adopted Son of (Late) Sri Suraj Prasad Pandey Vs ...
Court: Allahabad
Decided on: Aug-18-2006
Reported in: 2007(1)AWC542
S. Rafat Alam and Sudhir Agarwal, JJ.1. This special appeal arises from the order and judgment of Hon'ble Single Judge of this Court dated 5.1 1.2004 dismissing the appellant's writ petition No. 47043 of 2004. We have heard Sri Anil Yadav, learned Counsel for the appellant and learned standing counsel for the respondents.2. The appellant claimed himself to be the adopted son of late Saryu Prasad Pandey, who is said to have died in harness on 13th August, 1977. Late Saryu Prasad Pandey was an Assistant Teacher in a Primary School and died on 13th August, 1977, while he was in active service. It is submitted that the petitioner/appellant being dependent was entitled to be given compassionate appointment.3. Admittedly the appellant for the first time applied for compassionate appointment in the year 1990 i.e. after more than 13 years of the death of the employee. It is well settled that the object of granting compassionate appointment is to enable the family to tide over the sudden crisis...
Shiva Traders Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-18-2006
Reported in: (2009)21VST209(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U. P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated November 6, 1999 relating to the assessment year 1993-94.2. The assessing authority had received the information that the applicant had supplied stone ballast to the Railway Department and received the payment of Rs. 8,45,429.45. During the course of assessment proceedings, the applicant had accepted the receipt of the payment but submitted that a sum of Rs. 2,57,337.82 was received towards the cost of the ballast and the rest of the amount was received towards the freight charges and labour charges. In support of his claim, copy of the contract and bills was not produced before the assessing authority. The assessing authority by way of best judgment assessment estimated the taxable turnover at Rs. 9 lacs. Applicant filed first appeal before the Deputy Commissioner (Appeals). Before the Deputy Commissioner (Appea...
Prabhawati Devi and ors. Vs. Punjab National Bank and ors.
Court: DRAT Allahabad
Decided on: Aug-17-2006
Reported in: II(2007)BC36
1. This appeal was originally filed by 3 persons but as the appellant Nos. 1 and 3 died leaving the appellant No. 2 Sri Pawan Kumar Tulsiyan as surviving only legal heir. The appeal has been prosecuted by the appellant No. 2 Sri Pawan Kumar Tulsiyan alone.2. This appeal has been preferred against the order dated 9th February, 2004 passed by the learned Presiding Officer, D.R.T., Allahabad in miscellaneous appeal No. 109 of 2003, whereby and whereunder the restoration petition filed by the original appellants for setting aside the ex parte judgment dated 9th August, 2002 in T.A. No. 1261 of 2000 has been dismissed. The respondent Punjab National Bank had filed an original Suit No. 7 of 1998 against 5 persons for recovery of Rs. 35,54,409/- with future and pendente lite interest and cost and other usual reliefs. When the D.R.T. Act came into force the suit was transferred to D.R.T., Jabalpur and was renumbered as T.A. No. 952 of 1999. After the formation of D.R.T., Allahabad in the year...
Ghanshyam Das Agrawal S/O Late Ram Kishore Agrawal Vs. State of U.P. T ...
Court: Allahabad
Decided on: Aug-17-2006
Reported in: 2007(1)AWC160; [2006(111)FLR179]
D.P. Singh, J.1. Heard counsel for the parties.2. This petition is directed against an order dated 28.2.2002 by which the integrity of the petitioner has been withheld for the year 1996-97 with the stoppage of two annual increments permanently.3. Learned Counsel for the respondent has raised a preliminary objection that the writ petition is hit by laches as it has been filed more than four years after the passing of the order. The explanation given in the writ petition is that he was served with the aforesaid impugned order on 26.3.2002 and he had made a representation on 25.5.2002. In the supplementary affidavit it is contended that after the said representation another representation was given on 8.12.2004. It is also stated that the aforesaid order alongwith other entries were made basis of an order dated 30.7.2005 by which the petitioner was compulsorily retired from service and thus the order of compulsorily retirement was challenged by him in writ petition No. 61474 of 2005 where...
U.P. State Road Transport Corporation Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Aug-17-2006
Reported in: (2006)206CTR(All)424; [2006]286ITR350(All)
R.K. Agrawal J.1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law undeAIR 1997 SC 3011r Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', for the opinion of this Court :Whether, on the facts and in the circumstances of the case, the status of the assessee-corporation was that of a local authority and as such the income derived by it from house property, capital gains and the business of supply of goods and services was exempt to the extent provided in Section 10(20) of the Income-tax Act, 1961, for the assessment years 1976-77 and 1977-78 ?2. The present reference relates to the assessment years 1976-77 and 1977-78.3. Briefly stated the facts giving rise to the present reference are as follows :The assessee is a company. It is a road transport corporation constituted under the State Road Transport Corporations Act, 1950, vide notification dated May 31, 1972 of the Governor of U.P. The assessment years involved are...
Commissioner of Income-tax Vs. P.D. Singhania (individual)
Court: Allahabad
Decided on: Aug-17-2006
Reported in: (2006)206CTR(All)529; [2006]287ITR19(All)
R.K. Agrawal, J.1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', for opinion of this Court:Whether, on the facts and in the circumstances of the case, the assessee is entitled to exemption under Section 10(13A) of the Income-tax Act, 1961 ?2. The present reference relates to the assessment years 1978-79 and 1979-80.3. Briefly stated the facts giving rise to the present reference are as follows:4. The assessee, an individual was living in the house owned by him. The Income-tax Officer, however did not accept the claim of exemption to the extent of Rs. 4,800 under Section 10(13A) of the Act on the ground that the assessee was residing in his own house and was not paying any rent.5. The assessee appealed to the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) accepted the claim of the assessee and held that to the extent of Rs. 4,...
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