Allahabad Court October 2007 Judgments
Gajendra Pratap Singh Son of Sri Om Pal Singh Vs. the State of Uttar P ...
Court: Allahabad
Decided on: Oct-31-2007
Reported in: 2008(1)AWC347
Shishir Kumar, J.1. By means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 10.11.1987 (Annexure 5 to the writ petition) passed by the respondent No. 2 and order dated 26.6.1989 (Annexure 6 to the writ petition) passed by the respondent No. 3. Further issuing a writ in the nature of mandamus commanding the respondents not to give effect of the orders dated 10.11.1987 and 26.6.1989 passed by the respondent Nos. 2 & 3 and further commanding the respondents that they be restrained from dispossessing the petitioner from the land in dispute.2. The brief facts arising out of the present writ petition are that a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holding Act was issued to Rajvir Singh, who contested the said proceeding on number of grounds, as the objection was considered and the matter was determined by the appellate authority. However, in view of the notice issued to Rajvir Sin...
Tag this Judgment!Mrigendra Pandey Vs. Chairman, U.P. Rajkiya Nirman Nigam Ltd. and ors.
Court: Allahabad
Decided on: Oct-31-2007
Reported in: [2008(116)FLR803]
A.N. Varma and Narayan Shukla, JJ.1. Heard Shri Hari Shanker Jain, learned Counsel for the petitioner and Shri Shishir Jain, learned Counsel, who has accepted notices on behalf of opposite parties 1 to 3.This petition has been styled as Public Interest Litigation.It appears that the opposite party No. 5 has been retained in the department beyond the period of deputation.2. The petitioner has prayed for direction to be issued to the opposite parties to repatriate the opposite party No. 5 to his parent department i.e. opposite party No. 4. The said opposite party No. 5 was also said to be promoted by a forged order in his parent department.3. The petitioner is not an employee of the department but an Advocate practising in Civil Court. No element of Public Interest Litigation appears to be involved in the writ petition. Illegal continuation on deputation or order of promotion can be brought to the notice of appropriate authority or the matter can be agitated before appropriate forum. It ...
Tag this Judgment!Dr. Rajeev Ranjan Misra S/O Sri Aditya Nath Misra and ors. Vs. the Sta ...
Court: Allahabad
Decided on: Oct-30-2007
Reported in: 2008(1)AWC810
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri Ramendra Ashtana, learned Counsel assisted by Sri Atul Srivastava for the petitioners and learned Standing Counsel appearing for respondents No. 1 and 2.2. The petitioner, six in numbers, have filed this writ petition challenging the Advertisement No. 02/2007-08 (Annexure-15 to the writ petition) issued by U.P. Public Service Commission (hereinafter referred to as the 'Commission') published in daily news paper 'Rojgar Samachar' dated 11-17.08.2007, and, has further sought a writ of mandamus commanding the respondents to hold selection afresh treating all the petitioners eligible therefor and/or by granting relaxation in age.3. The facts in brief, giving rise to the present writ petition are, that, all the petitioners are qualified for appointment to the post of Homoeopathic Medical Officer possessing bachelors degree in Homoeopathic Medicine and Surgery and are duly registered with the Homoeopathic Medicine Board, U.P., Lucknow. Recrui...
Tag this Judgment!Ram Chandra Shukal S/O Shri Ramanand Shukla Vs. U.P. State Public Serv ...
Court: Allahabad
Decided on: Oct-30-2007
Reported in: [2008(117)FLR446]
R.K. Agarwal and S.P. Mehrotra, JJ.1. The present Writ Petition has been filed by the petitioner, interalia, praying for quashing the orders dated 30.12.1985, 17.6.1991 and 30.6.1997 (Annexures-12,14 and 15 respectively to the Writ Petition), and further directing the reinstatement of the petitioner in service with all consequential benefits.It appears that the petitioner was employed as a Constable in U.P. Police Force.2. Disciplinary proceedings were initiated against the petitioner under Section 7 of the Police Act on the ground that the petitioner was careless and negligent in discharge of his duties and was unfit to be retained in service. He was given chargesheet on 29.4.1985, copy whereof has been filed as Annexure-1 to the Writ Petition. The petitioner gave reply to the chargesheet. The Inquiry Officer after holding the enquiry submitted his report dated 19.9.1985 to the respondent No. 4 and recommended for dismissal of the petitioner from service. The said Enquiry Report dated...
Tag this Judgment!Smt. Savita Pandey W/O Sri Shiva Nand Pandey and ors. Vs. Sri Hanuman ...
Court: Allahabad
Decided on: Oct-29-2007
Reported in: 2008(1)AWC366
Janardan Sahai, J.1. The 1st respondent Hanuman Prasad Poddar Smriti Sewa Trust filed an application under Section 278 of the Indian Succession Act (hereinafter referred to as the Act) for grant of letters of administration with the Will of Smt. Dularey Devi annexed.2. The application was originally allowed but the grant was subsequently revoked on the application of Suresh Kumar, the 4th respondent. Savita Pandey and others, the applicants 1 to 12 in this revision have filed an application for impleadment in the case alleging that Smt. Dularey Devi had transferred some land in favour of Malaviya Awas Samity Ltd., a registered Housing Society and that some of the applicants have purchased plots of land from the society while other applicants have purchased plots of land from Smt. Dulalrey Devi herself. The case of these applicants is that apart from the housing plots there was reserved some land for road and park in the lay out plan and the status of this land as road and park was to b...
Tag this Judgment!The Commissioner, Trade Tax Vs. Ankit Traders
Court: Allahabad
Decided on: Oct-29-2007
Reported in: (2008)18VST149(All)
Rajes Kumar, J.1. Present to revisions under Section 11 of the U.P. Trade Tax Act (hereinafter referred to as the 'Act') are directed against the order of the Tribunal dated 7th April, 2000 relating to the assessment years, 1994-95 and 1995-96.2. Dealer-opposite party (hereinafter referred to as 'Dealer') was carrying on the business of manufacture and sales of cattle feed which consists of 90 percent molasses, 2 percent Urea, 1 percent sewar, 5 percent Ordinary salt and 2 percent black salt. In the returns filed by the dealer, exemption on the turnover of cattle feed was claimed upto September 1994 and thereafter on the turnover of such cattle feed, 5 percent tax was admitted and paid. However, during the course of the assessment proceeding, dealer disputed the taxability on the cattle feed even for the period after 1.10.1994. The claim of the dealer was that after 1.10.1994, 'balanced cattle feed' was made taxable under the Notification No. TT-2-3403/XI-9(116)-94-U.P. Act 15-48-Order...
Tag this Judgment!Vikram Singh Kathat S/O Sri M.S. Kathait, Trained Graduate Teacher (Tg ...
Court: Allahabad
Decided on: Oct-29-2007
Reported in: [2008(116)FLR809]
S. Rafat Alam and Sudhir Agarwal, JJ.1. Heard Sri H.R. Mishra, learned Counsel for the petitioners and Sri N.P. Singh, learned Counsel appearing for respondents No. 3 to 6.The petitioner is aggrieved by the order of Central Administrative Tribunal, Allahabad (hereinafter referred to as the 'Tribunal') dated 12.10.2007 whereby the Original Application has been rejected.2. Sri N.P. Singh, learned Counsel appearing for respondents No. 3 to 6 has raised a preliminary objection about the maintainability of the writ petition stating that the entire cause of action has initiated in the State of Uttarakhand and, therefore, this Court lacks territorial jurisdiction, and placed reliance on the Apex Court's judgment in Ambica Industries v. Commissioner of Central Excise 2007 (6) SCC 769.3. Sri Mishra, on the contrary, submitted that since the Tribunal at Allahabad has passed the judgment impugned in this writ petition. therefore, part of cause of action has arisen in the State of Uttar Pradesh an...
Tag this Judgment!Shiv Prakash Yadav Son of Ram Nath, Vs. the State of U.P. Through the ...
Court: Allahabad
Decided on: Oct-29-2007
Reported in: 2008(2)AWC1391
S. Rafat Alam and Sudhir Agarwal, JJ.1. This intra court appeal arises out of the judgment of Hon'ble Single Judge dated 5.10.2005 dismissing the writ petitions No. 42041 of 2000, 1187 of 2002 and 23630 of 2003 preferred by the appellant Shiv Prakash Yadav and Ors. (hereinafter referred to as 'petitioners').2. The Special Appeals No. 1308 of 2005, 1410 of 2005 and 1411 of 2005 have been filed by the State of U.P. and others (hereinafter referred to as 'respondents') challenging the aforesaid judgment of Hon'ble Single Judge being aggrieved by the findings recorded by Hon'ble Single Judge on certain aspects particularly with reference to application of Section 3(6) of U.P. Public Services (Reservation for Scheduled Casts, Schedules Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as '1994 Act') and despite the fact the writ petitions have been dismissed, the Slate of U.P. has prayed for setting aside judgment of the Hon'ble Single Judge3. The facts in brief giving r...
Tag this Judgment!Shree Ambe Electricals Private Ltd. Through Its Director, Sri O.P. Agr ...
Court: Allahabad
Decided on: Oct-29-2007
Reported in: (2009)20VST425(All)
Rajes Kumar, J.1. Present revision under, Section 11 of the U.P. Trade Tax Act (hereinafter referred to as the 'Act') is directed against the order of the Tribunal dated 13th October, 1999 arising from the proceeding under Section 4-A(3) of the Act.2. Applicant is a Private Limited Company incorporated under the Indian Companies Act, 1956 having its registered office at B-2/28, Ashok Vihar, Phase-II, Delhi.Applicant claimed to have established a new industrial unit at C-15, Section-7, NOIDA for the manufacturing of tube light fittings. Claimed to be a new unit, applicant applied for exemption on the turnover of manufactured product under Section 4-A of the Act. Divisional Level Committee examined the application and issued an eligibility certificate on 21st May. 1991 granting exemption for the period 12th March, 1990 to 11th March, 1996. It appears that on 23rd March, 1991, Sales Tax Officer, Mobile Squad. Mohanganj checked a vehicle loaded with tube light. At the time of checking, bil...
Tag this Judgment!Akross Synthetics Private Limited Through Its Managing Director Sri Ar ...
Court: Allahabad
Decided on: Oct-29-2007
Reported in: (2008)13VST504(All)
Rajes Kumar, J.1. Present revision under Section 11 of U.P. Trade 'lax Act (hereinafter referred to as Act') is directed against the order of Full Bench of the Tribunal dated 24.03.20032. Brief facts of the case giving rise to the present revision arc that the applicant is a company incorporated under the Indian Companies Act, 1956, of which Sri Arvind Kumar Bhasin was the Managinu Director. The company was incorporated in the year 1994. It appears that with the intent to establish a new unit for the manufacturing of Synthetics Resins and paints, Shri Arvind Kumar Bhasin applied for the allotment of industrial plot at Greater Noida with the U.P. Stale Industrial Development Corporation Limited hereinafter referred to as 'UPSIDC vide letter dated 17.01.1994. After the receipt of the letter dated 17.01.1994, UPSIDC vide letter dated 27.01.1994 asked Shri Arvind Kumar Bhasin to file an application in a requisite form for the allotment of the land. In pursuance thereof, application in the ...
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