Allahabad Court December 2007 Judgments
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Commissioner, Trade Tax Vs. Chemicals and Insecticides
Court: Allahabad
Decided on: Dec-11-2007
Reported in: (2008)17VST269(All)
Bharati Sapru, J.1. Heard learned Standing Counsel for the revisionist-State Sri B.K. Pandey and Sri N.C. Gupta for the assessee.2. This revision has been filed against the judgment and order of the Tribunal dated July 5, 1996 by which the Tribunal has granted exemptions on export sales to the assessee for the assessment year 1991-92.3. The questions sought to be referred are as under:1. Whether, on the facts and circumstances of the instant case, the Tribunal was legally justified to set aside the order of the assessing authority which was confirmed by a legal order of the first appellate authority ?2. Whether, on the facts and circumstances of the instant case, the Trade Tax Tribunal was legally justified to allow the dealer's claim for exemption of export sales of Rs. 1,26,935 as against law declared by the honourable Supreme Court in the case of State of Travancore-Cochin v. Bombay Company Ltd. [1952] 3 STC 434?The facts of the case are that the dealer is a manufacturer and seller ...
New Singh Tent House and Electric Works Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-11-2007
Reported in: 2008(1)AWC1032
Amitava Lala, J.1. This writ petition has been filed by the petitioner challenging the order impugned being dated 30th November, 2002, which is a communication by the District Election Officer, Maharajganj, based on a committee report dated 3rd June, 1998. By such impugned order the claim of the petitioner for a sum of Rs. 17,25,534 was refused. It appears to this Court that in the 1991 Parliamentary Election was held, in which petitioner/contractor was entrusted to do certain works to be done without any formal agreement. However, ultimately the bills were settled and substantial amount of Rs. 35,10,000 was paid to the petitioner keeping the aforesaid amount of Rs. 17,25,534 due and payable. The authority has acted upon the bills in terms of such payment but since the said amount of bills was not paid, the petitioner repeatedly approached the authority to release the same. However, after eight years of such incident a committee was constituted which said that whatever amount has alrea...
National Insurance Co. Ltd. Vs. Deepa Devi and ors.
Court: Allahabad
Decided on: Dec-11-2007
Reported in: 2008(1)AWC587
S.B. Sinha, J.1. Leave granted.2. The short question involved in this, appeal arising out of a judgment and order dated 17.5.2005 passed by the High Court of Himachal Pradesh in F.A.O. (M.V.A.) No. 208 of 1997 is as to whether in the event a car is requisitioned by the State for the purpose of deploying the same in the election duty, who would be liable to pay compensation to the victim of the accident in terms of the provisions of the Motor Vehicles Act, 1988 (for short 'the 1988 Act').3. Respondent No. 3 was the owner of a Maruti Gypsy bearing Registration No. H.I.S. 6095. Appellant-company issued a policy of insurance in favour of respondent No. 4 for the said Maruti Gypsy for the period 10.6.1993 to 9.6.1994. In regard to limitation of its use, the insurance policy provided:For private car IXI and Motor Cycle/Scooter IYI.Use only for social, domestic and pleasures and insured's own purpose.4. The car in question was requisitioned during the Assembly Elections in the year 1993 by th...
Doongar Mal Singodia Vs. Anoop Kumar Agarwal and ors.
Court: Allahabad
Decided on: Dec-11-2007
Reported in: 2008(1)AWC823
ORDERSunil Ambwani, J.1. Heard Shri K.K. Arora, learned Counsel for the petitioner-tenant.2. By this writ petition, the petitioner-tenant is challenging an order dated 14.11.2007 made in Rent Control Appeal No. 27 of 2006 by which his application (48C), for cross-examining Ms. Jyotsna Agarwal, grand daughter of the late landlord, in appeal, on her affidavit filed before the prescribed authority to establish that she is mentally challenged and is not capable of doing business, which is alleged to be inherited by her by partition and carried out by her after the death of her grandfather, was rejected.3. The release application was filed setting up the need of Shri Vaibhav Agarwal, grandson of the late landlord. It was alleged that after his death, there was a family partition in which the business carrying out by the landlord had fallen to the share of Km. Jyotsna Agarwal, the unmarried granddaughter leaving the need of Shri Vaibhav Agarwal to be still bona fide and pressing for release ...
Hamida Khatoon Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-11-2007
Reported in: [2008(116)FLR838]
Devi Prasad Singh, J.1. This writ petition under Article 226 of the Constitution of India has been preferred against the order of termination as well as denial on the part of the State Government to grant age relaxation for the petitioner's appointment, though she was elected and her name found place in the waiting list.2. The brief facts of the present case are that by an order dated 17.3.1986 (Anneuxre-1), the petitioner was engaged in the work charge establishment on the consolidated salary of Rs. 250/-, Since March, 1986, the petitioner has been continuing to discharge duty in the work charge establishment in the cadre of Junior Clerk. In the year 1989, selection against the regular post of Junior Clerk was held and a select list was released. According to the petitioner's Counsel, the petitioner was selected on the post of Junior Clerk, though it has been stated in the counter affidavit that the petitioner's name was in the waiting list. An appointment letter dated 18.7.1991 (Arvn...
Ram Kesh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-10-2007
Reported in: 2008(1)AWC815
Janardan Sahai, J.1. Mewati Devi respondent No. 4, is the elected Pradhan. A notice of intention to bring a motion of no-confidence against her was presented before the District Panchayat Raj Officer on 6.9.2007. The District Panchayat Raj Officer passed an order dated 11.9.2007 convening the meeting of the Gaon Sabha for 3.10.2007 for considering the motion. It is stated by the Pradhan respondent No. 4 that a copy of the notice of intention under the Right to Information Act was obtained by her on 29.9.2007. She filed objections on 29.9.2007 itself challenging the signatures of a large number of persons on the notice of intention. The District Panchayat Raj Officer passed an order on 29.9.2007 for an enquiry. A report was submitted on 1.10.2007 by the Assistant Block Development Officer to the effect that the signatures of 52 persons were farzi. The District Panchayat Raj Officer it is stated also compared the signatures and found that there were some other persons also whose signatur...
The Chairman, District Board and Zila Panchayat Through Its Upper Mukh ...
Court: Allahabad
Decided on: Dec-10-2007
Reported in: 2008(2)AWC1197; [2008(117)FLR15]
Rakesh Tiwari, J.1. I Heard Sri Gulrez Khan, Advocate, holding brief of Sri W.H. Khan, Counsel for the petitioners and Sri Siddharth, Counsel for the respondents.2. This writ petition has been filed arising out of the award dated 4.9.2000 (published on 21.5.2001), passed by the labour Court-II, U.P. Ghaziabad in adjudication case No. 243 of 1994.3. The undisputed facts of the case are that the workman respondent was engaged as a daily-wager in the petitioners' establishment during the span of period 16.12.1990 to 30.9.1991. The workman was disengaged w.e.f. 30.9.1991.4. Aggrieved by his disengagement, the workman raised an industrial dispute which was registered as C.P. Case No. 76/92. The conciliation proceedings between the employer and the employees having failed, the following matter of the U.P. Industrial Disputes Act, 1947 in exercise of power under Section 4-K by the State Government was referred to the labour Court-II U.P. Ghaziabad where it was registered as adjudication case ...
U.P. Jal Nigam Vs. Driplex Water Engineering Ltd.
Court: Allahabad
Decided on: Dec-10-2007
Reported in: 2008(2)AWC1995
A.N. Varma and Shree Narayan Shukla, JJ.1. Being aggrieved against the award dated 25.8.2005 the appellant before this Court preferred an application under Section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter to be referred as 'New Act') before the District Judge, Lucknow, for setting aside the arbitral award. The Munsirim submitted a report that a court fee of Rs. 200 was payable on the said application. An objection was raised by the appellant that no court fee was leviable as such the report of Munsirim was incorrect. The District Judge vide its order dated 21.6.2006 confirmed the report and overruled the objections raised by the appellant and directed it to pay court fee of Rs. 200 within the time stipulated in the said order. It is against the said order that the appellant approached this Court through the present F.A.F.O.2. We have heard Sri Virendra Mishra, learned Counsel for the appellant and Sri Brijesh Saxena in opposition.3. Sri Mishra submitted that the C...
Ajay Pratap Sahi S/O Sri Chandra Dev Sahi, Vs. State of U.P. Through I ...
Court: Allahabad
Decided on: Dec-07-2007
Reported in: [2008(116)FLR1156]
D.P. Singh, J.1. Heard learned Counsel for the parties. Pleadings have been exchanged and they agree that the petition may be finally disposed off under the Rules of the Court. This petition is directed against an order dated 27.1.2006 passed by the respondent No. 2 rejecting the claim of the petitioner for being sent for B.T.C. Training.2. The petitioners alleged to have been appointed in Shivaji Social Welfare Children School, Nishaniya, Paikawali, in District Deoria which was granted recognition on 31 3.1995. Admittedly, they were untrained teachers but claiming that they were working prior to the recognition of the institution, they claimed the benefit of a Government order dated 6.9.1994 by which facility to untrained teachers of B.T.C. Training was extended, with certain conditions. It is claimed that on the basis of the aforesaid Government order the Basic Shiksha Adhikari forwarded the name of the petitioners to the District Institution of Education and Training but they were n...
Nand Lal Son of Raghubir Vs. the Executive Engineer, Canal Constructio ...
Court: Allahabad
Decided on: Dec-07-2007
Reported in: 2008(2)AWC1195; [2008(117)FLR18]
Anjani Kumar, J.1. This writ petition was heard by me and after hearing learned Counsel for the parties, the same was dismissed on 7th December, 2007. Now here are the reasons for dismissal of the writ petition.2. The brief facts of the present case are that the petitioner was initially appointed to the post of work charged employee (helper of driver) in the year 1982 of Truck No. UPF 5338 and since then he is regularly working on the said post. The petitioner was thereafter issued driving license on 12th November, 1988 and his driving license is renewed from time to time. It is further alleged that a committee for regularization of the daily wage employee was constituted and the said committee called the petitioner, along with two other persons namely Kanhaiya Lal and Shiv Muni for interview and selected them for the post of driver in the month of January, 1993. It is further alleged that Kanhaiya Lal and Shiv Muni were issued appointment letters and appointed to the post of driver pu...
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