Allahabad Court October 2007 Judgments
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Gyanendra Kumar Son of Sri Deen Dayal Singh Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Oct-26-2007
Reported in: 2008(1)AWC352
Shishir Kumar, J.1. The petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 15.11.1990 passed by respondent No. 2 in Appeal No. 11 of 1989-90, Annexure 7 to the writ petition.2. A notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act (in short the Act) was served upon the petitioner calling upon him to show cause as to why the area of 2.64 acres be not declaimed as surplus land under the provisions of the Act. In the aforesaid notice he total holding of the petitioner was shown as 20.66 acres and permissible area; of the petitioner was shown as 18.02 aeries. It has been stated that the molding of respondent No. 3 was also clubbed by the Prescribed Authority. An objection to that effect was filed by the petitioner 'that the notice' is wrong as there are five members in the family of the petitioner. It was also stated in the objection that Smt. Chaman Deye is not the family member of the petitioner. Further it was sta...
Mohammad Aslam S/O Late Sri Abdul Aziz Vs. State of U.P. Through Secre ...
Court: Allahabad
Decided on: Oct-26-2007
Reported in: [2008(116)FLR643]
Sudhir Agarwal, J. 1. Heard Dr. R.S. Dwivedi, learned Senior counsel assisted by Sri V.S. Dwivedi for the petitioner and learned Standing Counsel appearing for respondents No. 1 to 6.2. The Executive Engineer, Irrigation Construction Division-II, Lalitpur vide order dated 27.08.2004 has dismissed the petitioner, Mohammad Aslam working on the post of Tracer in the said department as a result of departmental inquiry and aggrieved thereto the petitioner has come to this Court in the present writ petition under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the order dated 27.08.2004 and also to issue a writ of mandamus commanding the respondents to reinstate him on the post of Tracer with all consequential benefits3. The facts in brief giving rise to the present petition, as stated in the writ petition, are that the petitioner has passed 'Upadhyay Examination' from Mandar Vidyapeeth, District Bhagalpur (Bihar) in 1970. It is said that the said examinati...
Bagatimpex (Pvt.) Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Oct-26-2007
Reported in: (2009)20VST401(All)
Bharati Sapru, J.1. Heard Sri Nikhil Agrawal for the revisionist and Sri B.K. Pandey, learned Standing Counsel for the State.2. This revision has been filed by the assessee against an order of the Trade Tax Tribunal, Ghaziabad Bench I, Ghaziabad dated July 18, 2000.3. The assessee is a private limited company, which is carrying on the business of manufacture of mentha oil. This revision relates to the assessment year 1991-92 under the U.P. Trade Tax Act, 1948.4. For the assessment year 1991-92, the assessee had disclosed a net taxable turnover at Rs. 18,750 on which the admitted tax was Rs. 937.50. This was on account of the fact that the unit of the assessee was exempted under Section 4A of the U.P. Trade Tax Act, 1948. The assessing authority rejected the account books of the assessee and determined net taxable turnover at Rs. 57,18,750.70.5. Aggrieved by the order of assessment dated July 18, 1995, the assessee filed an appeal under Section 9 of the U.P. Trade Tax Act, 1948 before t...
Sharda Fuels Distributors Pvt. Ltd. through It's Director Sri L.R. Son ...
Court: Allahabad
Decided on: Oct-25-2007
Reported in: 2008(1)AWC820; III(2008)BC209
1. This writ petition has been filed by the petitioner for order/direction in the nature of certiorari quashing the impugned order dated 30.5.2005 (Annexure No. 6), passed by respondent No. 3 and for a mandamus commanding respondent Nos. 1 and 2 not to proceed with the auction sale in view of proclamation dated 24.9.2007 regrading land Nos. 19, 22 and 23, situate in village Dando, Pargana and Tehsil Bara, District Allahabad.2. We have heard Sri Salil Srivastava, learned Counsel for the petitioner and Sri S.K. Srivastava, learned Counsel appearing for respondent No. 1.3. From the writ petition, it appears that the petitioner is a registered company under Companies Act 1956 and Sri L.R. Sonkar, Smt. Gyani Devi and Sri Rajendra Kumar are its Directors. The another company, the respondent No. 3 M/s Shailendra and Brothers had taken loan from Central Bank of India, Rani Mandi Branch, Allahabad, the respondent No. 1 amounting to Rs. 14 lacs under C.C. Limit by mortgaging its property in the ...
Suraj Bhan Vs. Viith A.D.J. and ors.
Court: Allahabad
Decided on: Oct-25-2007
Reported in: 2008(1)AWC358
S.U. Khan, J.1. Heard Sri M. A. Zaidi, learned Counsel for the petitioner and Sri K. K. Arora, learned Counsel for the landlord respondent No. 5 Rajesh Kumar, who appeared through caveat.2. Respondent No. 6, Dharam Singh is real brother of petitioner. Landlord respondent No. 5 filed suit for eviction against respondent No. 6, Dharm Singh claiming therein that Dharm Singh alone was the tenant of the accommodation in dispute. The suil was registered as S.C.C. Suit No. 270 of 1995. The suit was dismissed on 4.8.2000 by J.S.C.C, Meerut. Against the said judgment and decree, respondent No. 5 filed S.C.C. Revision No. 200 of 2000. The revision was allowed by A.D.J., Court No. 8, Meerut on 16.11.2002. Revisional court set aside the judgment and decree passed by the J.S.C.C. and decreed the suit of the plaintiff for eviction and recovery of arrears of rent. Against the said judgment and decree, respondent No. 6-Dharm Singh filed Writ Petition No. 21700 of 2003. When the said writ petition was ...
Virendra Giri Son of Late Shanker Giri Vs. State of U.P. Through Its S ...
Court: Allahabad
Decided on: Oct-25-2007
Reported in: AIR2008All75; 2008(1)AWC369
1. This writ petition has been filed by the petitioner against the respondents for issuing a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.8.2007, passed by respondent no.3 which is filed as Annexure-3 to the writ petition, by which the respondents have demanded royalty from the petitioner for the supply of Stones and similar relief in the nature of mandamus directing the respondents not to with-hold payment of the petitioner in pursuance of letter dated 25.8.2007, issued by respondent No. 3.2. We have heard Sri I.P. Singh, learned Counsel for the petitioner and Shri Vishnu Pratap, learned Standing Counsel appearing for respondents. From the writ petition, it appears that the petitioner is a registered Contractor in District Budaun. The Executive Engineer (Flood Division), Budaun made an advertisement for construction of work known as 'Ganga Mahawa Tatband' in Budaun Division. In response to said advertisement, the petitioner also filed tende...
Rakesh Chandra Srivastava Son of Late Madhav Prasad Vs. State of U.P. ...
Court: Allahabad
Decided on: Oct-25-2007
Reported in: [2008(116)FLR305]
Sudhir Agarwal, J.1. Heard Sri Vinod Kumar Dwivedi for the petitioner, learned standing counsel for the respondents and perused the record.2. The petitioner has sought a writ of mandamus commanding the respondents to regularize him on the post of Chowkidar in the department and pay minimum pay scale along with other allowances which are being paid to the regularly appointed Chowkidars of the department until regularization of the petitioner is made.3. The facts in brief as stated in the writ petition are that the petitioner was engaged as a daily wage Chowkidar on 1.9.1985 and is continuously discharging his duties since then. He was appointed in work-charge establishment as Chowkidar on the basis of monthly salary vide order dated 10.9.2001 w.e.f. 24.8.2001 and is discharging his duties accordingly. In exercise of power under proviso to Article 309 of the Constitution, the State Government has framed U.P. Regularization of Daily wages Appointments on Group 'D' Posts Rules, 2001 (herei...
Ayub Ali Vs. Tahir Ahmad Khan and ors.
Court: Allahabad
Decided on: Oct-25-2007
Reported in: 2008(1)AWC306
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is tenant's writ petition arising out of suit for eviction on the ground of default and for recovery of arrears of rent instituted by respondent No. 1 against him in the form of S.C.C. Suit No. 2 of 1984. J.S.C.C./Civil Judge, Pilibhit, decreed the suit through judgment and decree dated 24.10.1986. Against the said judgment and decree tenant-petitioner filed S.C.C. Revision No. 45 of 1986 which was dismissed on 7.10.1989 hence this writ petition. The first dispute in between the parties was regarding rate of rent. Landlord asserted that it was Rs. 75 per month however, tenant asserted that it was Rs. 50 per month. Both the Courts below decided the said question in favour of the tenant and held that the rate of rent was Rs. 50 per month.3. The other contention raised by the tenant was that apart from him Mohd. Yusuf Ali also was the tenant. However, the contention was not accepted by the Courts below. Even otherwise no effect...
Sanjeev Trading Co. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Oct-25-2007
Reported in: (2009)25VST399(All)
Bharati Sapru, J. 1. Heard learned Counsel for the revisionist Shri M. M. Rai and Shri B. K. Pandey, learned Counsel for the State.2. This revision has been filed against an order of the Trade Tax Tribunal dated June 30, 2007. By the impugned order, the Trade Tax Tribunal has disallowed the claim of the revisionist for exemption under Section 6A of the Central Sales Tax Act, 1956.3. I have heard learned Counsel for both sides at length and I have also perused the material on record.4. The admitted position which emerges from the record is that the revisionist failed to establish before the Tribunal that the goods which he purchased against form 6R were purchased on behalf of some ex.-U. P. principals. As in the form 6R, which was produced by the revisionist at every stage of the proceedings, the name of the purchaser was written as Sanjeev, treating it as the name of the revisionist himself.5. The Tribunal has recorded the categorical findings of fact that the revisionist was not able ...
Akhilesh Kumar Verma Son of Late Sri Panch Ram Verma Vs. State of U.P. ...
Court: Allahabad
Decided on: Oct-24-2007
Reported in: [2008(116)FLR215]
Sudhir Agarwal, J.1. Heard Sri B.S. Pandey, learned Counsel for the petitioner and learned Standing Counsel.2. Petitioner is aggrieved by order dated 12.10.2004 (Annexure 14 to the writ petition) whereby the Deputy Inspector General of Police (Establishment) U.P. Police Head Quarter Allahabad has rejected the representation of the petitioner for recruitment to the post of constable (M) as he did not fulfil the requisite physical standards prescribed under the Rules at the relevant time and also that he was already given benefit of appointment on compassionate basis on a Class IV post but he failed to join the said post.3. The petitioner's father Panch Ram Verma was enrolled in Civil Police as a Constable and he died in harness on 15.6.1997 leaving his widow Smt. Shobha Devi, and minor children, i.e. the petitioner Akhilesh Kumar Verma, Krishna Kumar Verma, Km Rewati Raman Verma and Km. Anita Verma. Petitioner's date of birth is 1.7.1982 and he was minor at the time of death of his fath...
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