Allahabad Court October 2007 Judgments
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Vivek Kumar Son of Sri Prakash NaraIn Vs. Union of India (Uoi) Through ...
Court: Allahabad
Decided on: Oct-10-2007
Reported in: [2008(116)FLR100]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner, Sri Ashok Nigam, Additional Solicitor General of India for the respondents and perused the record.2. The petitioner has undergone apprenticeship training in BHEL Jhansi in the year 1992-93. He claims that in view of the guidelines laid down by the Apex Court in U.P. Road Transport Corporation v. U.P. Parivahan Nigam Shikshuka Berozgar Sangh and Ors. AIR 1995 SC 115 he is entitled far appointment on the post of Fitter on preferential basis, as he has undergone training in the establishment.3. The petitioner also filed Civil Misc. Writ Petition No. 14780 of 1998 Vivek Kumar v. The General Manger, Bharat Heavy Electricals Ltd. Jhansi Unit, Jhansi and Ors. in this regard which was disposed of vide order dated 2.5.1998 with the following observations-Learned Counsel for respondents contended that the petitioner has not placed sufficient material to show that the petitioner has taken apprenticeship training. If the petitioner appl...
Mohd. Asharaf and anr. Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Oct-10-2007
Reported in: 2008(1)AWC371
S.U. Khan, J.1. Heard learned Counsel for the petitioner.2. This is tenants' writ petition. Landlord-respondent No. 3 Mohd. Shafeek Ahmad Siddiqui filed suit for eviction against the tenant-petitioner in the form of S.C.C. Suit No. 61 of 2000, on the ground of default and subletting. J.S.C.C., Varanasi decreed the suit through judgment and decree dated 29.1.2000. Against the said judgment and decree petitioner filed Civil Revision (ought to be S.C.C. Revision) No. 7 of 2002. A.D.J. Court No. 9 Varanasi dismissed the revision on 23.10.2003, hence this petition.3. Rate of rent is Rs. 75 per month and the property in dispute is a shop situate in Varanasi.4. In respect of default tenant-petitioner sought the benefit of Section 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. In order to avail the said benefit petitioners deposited Rs. 2,428 on 4.8.2000 and Rs. 2,108 on 19.10.2000. Date 4.8.2000 was the date fixed in the summons. On the said date petitio...
Birbal (D) Through L.Rs. Vs. Nand Kumar and ors.
Court: Allahabad
Decided on: Oct-10-2007
Reported in: 2008(1)AWC345
S.U. Khan, J. 1. Heard learned Counsel for the petitioner and learned Counsel for respondent No. 2. Even though no one appeared on behalf of other respondents in spite of sufficient service, however, on the date when the arguments were heard, learned Counsel for respondent No. 1 stated that interest of respondent No. 2 and other respondents was exactly the same.2. This is plaintiffs writ petition, who has filed O.S. No. 408 of 1985 against the respondents. The dispute in the suit relates to a house bearing No. 372. Relief claimed in the plaint is for partition and separate possession of 12/36th share of the plaintiff in the said house. However, in para 13 of the plaint it was stated that plaintiffs father had purchased adjoining houses bearing Nos. 373 and 374 through registered sale deed dated 3.3.1994 from one Thakur. In para 14 it was stated that apart from the house in dispute, i.e., House No. 372, other joint properties, which were in the nature of agricultural lands, had been div...
Smt. Sushma Mishra Wife of Sri Mithilesh Kumar Mishra Vs. Sri Mithiles ...
Court: Allahabad
Decided on: Oct-10-2007
Reported in: 2008(2)AWC1604
Tarun Agarwala, J.1. The applicant is the wife of the opposite party and has filed the present application under Section 24 of the C.P.C for the transfer of the marriage dissolution Case No. 161 of 2007, filed under Section 13 of the Hindu Marriage Act, from the Court of Principal Judge, Family Court Allahabad to the Court of Alipore District Court, South 24, Parganas, Kolkata in the State of West Bengal. The applicant alleged that the marriage was solemnized with the opposite party at Allahabad on 5.2.1994 and, since then, the parties resided together at Allahabad and a male child was born in the year 1995. The applicant alleged that the opposite party, being unemployed, used to physically and mentally torture her and eventually on 15.2.2007, the opposite party threw out the applicant from his house, as a result of which, the applicant had no place to cover her head and eventually, she had to take shelter in her parents house which was located in Kolkata in the State of West Bengal. T...
Smt. Meera Yadav W/O Sri Prem Prakash Singh Yadav Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Oct-09-2007
Reported in: [2007(115)FLR1129]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner and learned standing counsel.2. An advertisement was issued on 17.7.2007, which was published in the newspaper Danik Jagran on 20.7.2007 inviting application from eligible candidate for the post of Aganbari worker and sweeper/sahaika.3. The petitioner being an OBC candidate applied against the said post.4. It is submitted by the learned Counsel for the petitioner that under the Kasimabad Block there are three village namely Gram Sabha Dharwan, Resulpur, Hundarahi that two Aganbari workers are already working in the village namely one from Dharwan and other from Hundarhi as such post advertised was belonged to village Rasulpur. The petitioner is resident of village Rasulpur whereas respondent No. 6 is resident of village Hundarahi as such respondent No. 6 is not eligible for appointment on the post of Aganbari belonging to Village Rasulpur.5. It appears that petitioner and respondent No. 6 obtained equal marks but petitioner s...
Jawahar Lal Yadav Son of Vishweshwar Nath Yadav Vs. the District Judge ...
Court: Allahabad
Decided on: Oct-09-2007
Reported in: [2008(116)FLR50]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties2. The petitioner was engaged as adhoc class IV emoloyee on the post of process server in the pay scale of Rs 750/ to 940/- in the District court Sonbhadra on adhoc basis vide order dated 4.2.2007.3. His engagement has due to reason that one Sri Gyan Prakasn Mishra Process Server worker in the Admn. Office (main) District & Session Court Sonbhadra had gone on medical leave.4. The appointment letter of the petitioner appended as annexure No. 2 shows that engagement of the petitioner is purely temporary and his services were liable to be terminated at any time without notice The engagement order of the petitioner is as under.You are hereby temporarily appointed on the post of Process Server in the pay scale of Rs. 750/- to 940/- plus allowances as admissible from time to time since 04.02 97 to 05.03.97 on proceeding medical leave of Sri Gyan Prakash Misra Process Server in the Admn. Office (Main) District & Session Court Sonbhadra ...
Umardeen Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Oct-09-2007
Reported in: 2008(1)AWC27
Janardan Sahai, J.1. The petitioner is a defendant in a suit which was decreed ex parte against him. He filed an application for setting aside the ex parte decree. As there was some delay in filing of the application, he made an application for condoning the delay under Section 5 of the Indian Limitation Act. The delay condonation application was rejected by the trial court. The petitioner filed a revision against the order but subsequently made an application for converting the revision into an appeal. His application was rejected by the appellate court by its order dated 30.10.2006. The present writ petition is directed against this order.2. There is no doubt that if a revision is filed against an appealable order, the appellate court has ample power to grant permission to convert the revision into an appeal. This petition was originally allowed by this Court and it was held that the petitioner can be permitted to convert the revision into an appeal. On an application for recalling t...
Mohammad Zafar Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-09-2007
Reported in: 2008(1)AWC17
Janardan Sahai, J. 1. Original Suit No. 321 of 1993 filed by Shafique Ahmad mutawalli of the waqf against the petitioner was decreed by the trial court on 7.2.2004. The appeal against the decree was dismissed by the Additional District Judge, Bulandshahr by judgment and decree dated 2.3.2006. The second appeal filed by the petitioner was also dismissed by the High Court on 12.4.2006. The decree was put into execution. Objections under Section 47 Civil Procedure Code were filed by the petitioner on the ground that no notice to the Waqf Board as required under Section 66 of the U. P. Muslim Waqf Act, 1960 was issued. It was also alleged that under Section 90 of the Waqf Act, 1995 notice to the Waqf Board was necessary as the suit related to recovery of possession over Waqf property. The objections were dismissed by the trial court. A revision was filed by the petitioner, which has also been dismissed by order of the Additional District Judge, Bulandshahr dated 16.11.2006. Both these orde...
Commissioner, Trade Tax Vs. Noor Mohammad
Court: Allahabad
Decided on: Oct-09-2007
Reported in: (2008)13VST421(All)
Rajes Kumar, J.1. Heard Sri K.M. Sahai, learned Standing Counsel and Sri M.M. Rai, learned Counsel for the opposite party. With the consent of both the parties, present revision is being disposed of. Present revision is directed against the order of the Tribunal dated May 20, 2004 for the assessment year 1984-85.2. The opposite party had obtained a transit pass No. 1004 dated September 27,1984 contemplated under Section 28B read with Rule 87 of the Rules in respect of the vanaspati ghee. On the basis of the information that the said transit pass had not been surrendered at the exit check-post, the proceedings under Section 15A(1)(q) had been initiated by the Sales Tax Officer, Check-post Shree Nagar, Hamirpur. Since no one appeared, an ex parte order was passed by the authority concerned and levied the penalty at Rs. 63,688. The opposite party filed appeal. The appeal was allowed and the matter was remanded back to the assessing officer for the examination of the case afresh and for pa...
The Commissioner, Trade Tax Vs. Laxmi Leather Cloth Industries
Court: Allahabad
Decided on: Oct-09-2007
Reported in: (2008)13VST139(All)
Rajes Kumar, J.1. These four 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 16.07.2002 relating to the assessment years 1989-90 and 90-91 both under the U.P. Trade Tax Act as well as Central Sales Tax Act.2. In all the four revisions common question relating to the taxability of PVC sheets is involved. According to the claim of the opposite party/dealer (hereinafter referred to as 'Dealer') PVC sheets is a textile and accordingly exempted under the notification of the textile. It is claimed that in the PVC sheets, the base material is cotton fabric on which PVC rexine etc. have been coated. The case of the revenue is that PVC fabric is specifically excluded from textile under the notification No. ST-II-3714/X-6 (1)/85-U.P. Act 15/48-Order-85, dated 5.6.1985 and, therefore, it is not exempted. Assessing authority levied the tax as an unclassified item. First appellate authority accepted the...
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