Allahabad Court August 2006 Judgments
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Shiv Charan Prasad Gupta and anr. Vs. Smt. Krishna Tewari (D.) by L.Rs ...
Court: Allahabad
Decided on: Aug-17-2006
Reported in: 2006(4)AWC3781
Prakash Krishna, J.1. Shri Daya Shanker Tiwari, who died during the pendency of suit and whose heirs are opposite parties in the revision, instituted SCC Suit No. 11 of 1982 for ejectment of defendant Nos. 1 and 2, the tenants who are applicants in the above revision and also for recovery of arrears of rent and damages etc. The said suit has been decreed by the Court below by judgment and order dated 6.10.1983. Feeling aggrieved against the aforesaid judgment and decree, present revision is on behalf of tenants under Section 25 of Provincial Small Cause Courts Act.2. The suit giving rise to the present revision was filed on the pleas inter alia that the defendants No. 1 and 2 who are father and son took the disputed property namely Kothi No. 22/70 Vijay Nagar Colony, Agra on a monthly rent of Rs. 450 in the beginning of February 1977, their tenancy has been terminated by means of notice which was served on the defendants on 20.11.1981, as they were in arrears of rent for more than four...
Brij Mohan Lal Son of Late Sarnam Singh Vs. State of U.P. Through Secr ...
Court: Allahabad
Decided on: Aug-17-2006
Reported in: [2006(111)FLR501]
D.P. Singh, J.1. Heard counsel for the petitioner and the learned Standing Counsel.2. This petition is for a mandamus to the respondents to pay retiral benefits with 18% interest.3. The petitioner was working as a Moharrir (Clerk) in Nagar Palika Parishad, Sirsaganj in Firozabad from where he retired on 31.12.1994 but his retiral benefits have not been released till date.4. Firstly, it is contended that under Regulation 13(2) of the UP. Nagar Palika Non-Centralized Service Retirement Benefits Regulation, 1984, the respondents were under a statutory obligation to have paid the retiral benefits immediately after his retirement. Secondly it is urged that the petitioner has a right to receive his dues.5. A perusal of Regulation 13 shows that on an application moved on behalf of the incumbent before retirement, the authorities are obliged to take proceedings for finalization of the pension papers. There is no recital in the petition that any such application was moved by the petitioner prio...
Cit Vs. P.D. Singhania
Court: Allahabad
Decided on: Aug-17-2006
Reported in: [2006]156TAXMAN504(All)
ORDERR.K. Agrawal, J.The Income Tax Appellate Tribunal, Allahabad, has referred the following question of law under section 256(1) of Income Tax Act, 1961, (hereinafter referred to as 'the Act') for opinion to 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 :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.4. The assessee appealed to the Commissioner (Appeals). The Commissioner (Appeals) accepted the claim of the assessee and held that to the extent of Rs. 4,800 the assessee was entitled...
Ram Newaj Son of Kamta Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Aug-11-2006
Reported in: 2007(1)AWC77
S.K. Singh, J. 1. By means of this writ petition, petitioner has challenged judgment of the Deputy Director of Consolidation, Allahabad dated 17.5.1975 and 16.5.1975 (Annexures 5 and 4 respectively).2. Sri Ram Niwas Singh, learned Advocate appeared in support of this writ petition and Sri R.N. Singh, learned Senior Advocate assisted by Sri Rai appeared for respondents No. 2 and 3 and Sri Sheo Nath Singh, learned Advocate appeared on behalf of heirs of respondent No. 5.3. Facts in brief which can be said to be not in dispute can be summarised for convenient disposal of the matter. Two small pedigrees, if mentioned at this place then they will be of assistance to appreciate rival claim and therefore, they are being given at this place;First Pedigree: Maiku ------------------------------------------| |Kamta Thakrudin | = Basanti-------------------- -------------------- | | | |Munnu - Ram Newaj Ghurpatia ParagiaSecond Pedigree: Sukru------------------------------------------| |Hub Lal Sura...
Anup Bihari Lal Srivastava Vs. J.P. Rai, Director and anr.
Court: Allahabad
Decided on: Aug-11-2006
Reported in: 2006(4)AWC3945
Dilip Gupta, J.1. These two writ petitions have been listed together in view of the order passed by this Court and are accordingly being disposed of by a common judgment.2. Writ Petition No. 2187 of 1997 has been filed by Sri Anup Bihari Lal Srivastava for quashing the order dated 11.11.1996 passed by the Director of North Central Zone Cultural Centre, Allahabad (hereinafter referred to as the 'Centre'). A direction has also been sought to promote him to the post of Section Officer from December, 1991 and to the post of Administrative Officer from November, 1995, to award him the regular pay scale of Rs. 1200-2040 and to regularise him as Upper Division Clerk w.e.f. 28.3.1988. This petition shall be referred to as the 'First Petition'.3. Writ Petition No. 33238 of 2000 has been filed Sri Pradeep Jauhari and Sri Ram Prakash Rai for quashing the order dated 19.7.2000 passed by the Director of the Centre and for a direction upon the respondents to fill up the post of Section Officer after...
Ajanta Raj Dairy Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Aug-11-2006
Reported in: (2009)21VST230(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 February 4,1999 relating to the assessment year 1991-92 both under the U. P. Trade Tax Act.2. Revision No. 213 of 1999 is filed by the applicant and Revision No. 1067 of 1999 is filed by the Commissioner of Trade Tax.3. The applicant was carrying on the business of manufacture and sale of deshi ghee and skimmed milk powder for the year under consideration. The applicant had shown total purchases at Rs. 7,41,63,865.66 and taxable purchases of deshi ghee at Rs. 79,915. The total sales of deshi ghee and milk powder were Rs. 8,35,35,931.82 and taxable sales within the State of U. P. were Rs. 32,12,234. The assessing authority rejected the books of account and estimated the taxable purchases at Rs. 79,915 and taxable sales were Rs. 1,89,74,679. First appeal filed by the dealer was rejected. The Tribunal allowed the a...
Dr. Ram Singh Verma (Since Deceased) Through L.Rs. Vs. Shanker Lal
Court: Allahabad
Decided on: Aug-10-2006
Reported in: 2006(4)AWC3628
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The above mentioned writ petition arises out of the proceedings Under Section 21(1)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U. P. Act No. 13 of 1972).3. Brief facts of the case are that an application Under Section 21(1) (a) of U. P. Act No. 13 of 1972 for release of the- disputed shop in the tenancy of petitioner's father was filed by the landlord on the ground of his personal need.4. It appears from the record that the landlord had purchased the disputed building in November, 1991 of which petitioner's father was tenant and was said to be running on rent of Rs. 17.50 rent per month a clinic in the disputed shop.5. It appears from the record that the landlord had purchased the building in question for the purpose of starting of his own wholesale business of fchadt.6. The case of the landlord was that he was earlier doing the contr...
Bharat, Son of Shri Lal Bahadur Vs. the Board of Revenue and ors.
Court: Allahabad
Decided on: Aug-10-2006
Reported in: 2007(1)AWC807
Poonam Srivastava, J.1. List is revised. Counsel for the petitioner is present. No counter affidavit has been filed though Vakalatnama has been filed on behalf of the contesting respondents. The matter is being heard finally.2. The prayer in the writ petition is for issuing a writ of certiorari to quash the judgment of Board of Revenue dated 21.8.1984 and also order dated 6.8.1968 passed by the Sub Divisional Officer, Gyanpur, Varanasi in case No. 52 of 1968, under Section 198(2) of U.P.Z.A. & L.R. Act. The facts giving rise to the dispute is that a Patta was executed in favour of the petitioner by the Chairman, Land Management Committee, Shivrampur in respect of 10 biswa land of plot No. 350/1 on 27.12.1963. The name of the petitioner was mutated during the consolidation proceedings on the basis of Patta as Sirdar. An objection was filed by the contesting respondent Nos. 4 to 7 on 26.10.1967. The petitioner countered the objection on the ground of limitation. Besides, it was pleaded t...
Balveer Prasad S/O Sri Pitamber Vs. the State of U.P.,
Court: Allahabad
Decided on: Aug-08-2006
Reported in: 2007CriLJ196
Shiv Shanker, J.1. This revision has been preferred against the impugned order dated 28-06-2006 passed in Session Trial No. 15 of 1998 (Statev. Shiv Charan Lal and Ors.) under Section 307, IPC Police Station Lodha, District Aligarh passed by the Additional Sessions Judge, Aligarh, whereby the application moved on behalf of the accused person regarding permission, along with the compromise application between the parties was rejected.2. Brief facts arising out of this revision are that the accused persons Shiv Charan Lal and others are facing trial before the Sessions Judge, under Section 307, IPC and the case is still pending since 24th November 1999. Thereafter, the present application and compromise application moved before the trial Court were rejected. Hence, this revision.3. Heard the arguments of leaned counsel appearing for the revisionist and learned AGA and perused the records.4. The application was moved on behalf of the revisionist and time was taken to show the case law aft...
Chairman U.P. Co-operative Spinning Mills Federation Ltd., Vs. Amar Na ...
Court: Allahabad
Decided on: Aug-08-2006
Reported in: 2007(1)AWC104
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice A.K. Yog, on the 16th of July, 2002, granting the respondent-writ petitioner reinstatement in service, arrears salary and all benefits.2. Although we adopt his Lordship's judgment, the principal reasons why we have felt persuaded in this manner need to be set out here.3. The case of the appellant was that the writ petitioner was employed on or about 25.9.1998 purely on a contractual basis for one year. There was a written agreement to that effect of that date. The year ran out after one year. Thereafter the termination of the writ petitioner was automatic. No document needed to be forwarded by the Federation to the writ petitioner and none was forwarded. The writ petitioner was simply terminated, or put in another way orally terminated.4. The first point to determine, in regard to this short term employment brought out by the State instrumental...
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