Allahabad Court February 2007 Judgments
Ram Chandar Son of Ram Budhi and ors. Vs. Deputy Director of Consolida ...
Court: Allahabad
Decided on: Feb-26-2007
Reported in: 2007(3)AWC2259
Ashok Bhushan, J.1. Heard Sri Krishan Ji Khare learned Counsel for the petitioners and Sri R.S. Misra appearing for the respondents.2. By this writ petition the petitioners have prayed for quashing the order dated 25.3.2006 passed by the Settlement Officer of Consolidation and the order dated 3.7.2006 passed by the Deputy Director of Consolidation. The writ petition arises out of the proceedings Under Section 9-B of the U.P. Consolidation of Holdings Act , 1953. An objection was filed by the petitioners Under Section 9-B claiming that the chak road be carved out in plots No. 125 and 126 belonging to the contesting respondents after valuing the same. The Consolidation Officer allowed the objection and valued part of both the plots as 90 paisa and carved out a chak road of three meters wide in both the plots. Appeal was filed both by respondents No. 7 to 9 and respondents No. 3 to 6 challenging the order of the Consolidation Officer. It was stated in the appeal that no notice of objectio...
Tag this Judgment!Ravi Pratap Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-26-2007
Reported in: 2007(78)AWC2129
Poonam Srivastava, J.1. Heard learned Counsel for the petitioner and learned A.G.A. for the State.2. Facts of the case are that the petitioner claims himself to be an unemployed person. He purchased a vehicle Pickup 207 from Tata Motors Ltd. on 7.2.2006 after taking financial assistance from a finance company. Finance documents are annexed as Annexure-1 to the writ petition. The vehicle is registered in the name of the petitioner with the R.T.O. Gorakhpur, vide registration No. U.P. 53T 8233. The vehicle was insured with Oriental Insurance Company. Copy of the covering note is annexed as Annexure-2 to the writ petition. The vehicle was being driven by the driver with the load of wood, which was being transported from one place to another. The police of P.S. Khorabad, district Gorakhpur, lodged first information report as case crime No. 832 of 2006 under Sections 379 and 411, I.P.C. read with Section 26, Forest Act and 3/28, Transit Act, on 16.9.2006 relating to the truck load of timber...
Tag this Judgment!Barati Lal and ors. Vs. Natthu
Court: Allahabad
Decided on: Feb-26-2007
Reported in: 2007(3)AWC2624
Shishir Kumar, J.1. The present writ petition has been filed for quashing the order dated 13.9.2005(Annexure-4 to the writ petition) passed by the Additional District Judge, court No. 4 Hamirpur and order dated 19.1.2005 passed by the Civil Judge (Junior Division), Hamirpur.2. The facts arising out of the present writ petition are that the respondent No. 1 filed an Original Suit No. 10 of 1997 against the petitioners' predecessors Shivraj and Prabhu Dayal for cancellation of sale deed dated 12.1.1989. During the pendency of the said suit, the, defendant No. 1 Shivraj died on 18.7.2002 and the other defendant Prabhu Dayal also died on 27.5.2001. The plaintiff respondent and his counsel was having the said information about the date of death but no application for substitution was moved within time. An application was moved on 21.4.2003 describing the same under Order XXII, Rule 2 and under Order VI, Rule 17 of the Code of Civil Procedure.3. An objection was filed on behalf of the petiti...
Tag this Judgment!Smt. Dilip Kaur and anr. Vs. Addl. District Judge (Judge Small Causes ...
Court: Allahabad
Decided on: Feb-26-2007
Reported in: 2007(3)AWC2683
Prakash Krishna, J.1. The present petition is directed against the order dated 11th of January, 2000 passed by the respondent No. 1 in a pending S.C.C. Suit No. 6 of 1998. The respondent No. 2 (who. died during the pendency of the writ petition) instituted the said suit in the Court of J.S.C.C. District Judge (Dacoity Chhetra), Lalitpur against the present petitioners for the ejectment, recovery of arrears of rent, damages, house tax, water tax together with interest on the allegation that the defendants are in arrears of rent etc. since 1st of May, 1985 which were demanded through notice dated 22nd of June, 1998 but the defendants failed to pay the same. The details of various amounts outstanding against the defendants (the present petitioners) have been detailed in the plaint. A sum of Rs. 8,015.50 has been claimed as interest on the arrears of rent. In the written statement filed on behalf of the present petitioners the relationship of landlord and tenant between the parties is not ...
Tag this Judgment!Shakti Gramodyog Sansthan Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Feb-26-2007
Reported in: (2009)24VST340(All)
Rajes Kumar, J.1. These five revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') are directed against the order of the Tribunal dated December 21, 2005 relating to the assessment years 1992-93, 1993-94, 1994-95, 1995-96 and 1996-97 under the Central Sales Tax Act, 1956 (hereinafter referred to as, 'the Central Act').2. The question involved in all the revisions relates to the exemption on the manufactured goods under the Central Act.3. Brief facts of the case are that the applicant is an institution certified by U.P. Khadi and Village Industries Board engaged in the manufacturing of shoes. In exercise of power under Section 4(b) of the U.P. Trade Tax Act goods manufactured by the institution certified by U.P. Khadi and Village Industries Board is not liable to tax under the Notification No. ST-2-7037/X-7(23)/83-U. P. Act XV/48-Order-85, dated January 31, 1985. The applicant claimed the exemption on the turnover of the manufactured goods un...
Tag this Judgment!Sohanbeer Son of Abhay Ram Vs. Workmens Compensation Commissioner/Assi ...
Court: Allahabad
Decided on: Feb-23-2007
Reported in: 2007(2)AWC2108; [2007(113)FLR619]
Tarun Agarwala, J.1. Heard Sri R.C. Gupta, the learned Counsel for the petitioner and Usha Kiran, the learned Counsel appearing for respondent No. 2.2. The husband of respondent No. 1 died during the course of his employment. A claim application under the Workmen's Compensation Act was filed by the father, mother, brother and sister of the deceased. During the pendency of the claim application, the widow filed an impleadment application praying that she was a necessary party and that she was alone entitled to receive the compensation. The impleadment application was allowed.3. It has also come on record that the widow, respondent No. 2 had also filed a claim application separately under the Workmen's Compensation Act which was dismissed for want of prosecution.4. The Commissioner Workmen Compensation after considering the evidence on record gave an award dated 2.6.2004 directing the Insurance Company to deposit a sum of Rs. 2,11,790/- along with interest @ 9 % per annum and further dir...
Tag this Judgment!Vishwanath Ram S/o Sri Panchu Ram Vs. General Manager, Obra thermal Po ...
Court: Allahabad
Decided on: Feb-23-2007
Reported in: 2007(3)AWC2696; [2007(113)FLR327]
Rakesh Tiwari, J.1. List has been revised. None has appeared for the respondents. Heard Sri K.S. Ojha, counsel for the petitioner.2. This writ petition has been filed for issuance of a writ, order or direction in the nature of certiorari for quashing the impugned order dated 7.3.2006 in pursuance of the order dated 12.10.2004 passed by respondent No. 4, It has further been prayed that a writ of mandamus be issued commanding the respondents to act in accordance with law and reaffirm prior pay scale of Rs. 9700/- per month and pay the entire post retiral benefits in pursuance of the order dated 19.1 1.1997 with 15% interest to the petitioner.3. Brief facts of the case are that the petitioner was appointed on the post of Operator II in the year 1968 c in Obra Thermal Power Plant Obra, District Sonbhadra and was regularized as permanent employee in fuel Handling Division I Obra Thermal 'A' Power Station Obra, Sonbhadra on 15.5.1971. Thereafter he was promoted on the post of Operator I grad...
Tag this Judgment!Ashish Kumar Rai Son of Shri Nand Lal Rai Vs. the Principal, Allahabad ...
Court: Allahabad
Decided on: Feb-23-2007
Reported in: 2007(3)AWC2698
S.N. Srivastava, J.1. This application has been preferred for recall of order dated 13.9.2006 passed by this Court in the aforesaid writ petition attended with further prayer to issue a direction to opposite parties to admit petitioner in L.L.B. Course in Allahabad Degree College, Allahabad.2. Before proceeding further, it would be apt to recall the facts of the case. In the petition, the petitioner claimed weightage of 5% to be added in the marks obtained in the entrance test, which according to petitioner is permissible under the Admission Rules. According to petitioner, he secured 115 marks in the entrance test and being `C' certificate holder of N.C.C., he is entitled to get weightage of 5% marks and by this reckoning, the total marks obtained by the petitioner would add up to 120.75 marks; which is 40% of the total marks as per guidelines of Bar Council of India fixed for admission in L.L.B. Course.3. On the date of hearing, Sri Rohit Agarwal, learned Counsel for opposite party, C...
Tag this Judgment!U.P. State Road Transport Corporation Through Its Regional Manager Vs. ...
Court: Allahabad
Decided on: Feb-23-2007
Reported in: 2007(3)AWC2617; [2007(113)FLR626]
Tarun Agarwala, J.1. Heard Sri Sheshadri Trivedi, the learned Counsel holding the brief of Sri Sameer Sharma, the learned Counsel for the petitioner and Shri Manas Bhargava, the learned Counsel holding the brief of Shri Akhilesh Mishra, the learned Counsel appearing for the respondent No. 1.2. The Workman, respondent No. 1 was working as a conductor and was charge sheeted for taking passengers without issuing tickets. A domestic enquiry was conducted and he was found guilty of the charges. Based on the domestic enquiry, the Assistant Regional Manager issued an order of termination dated 30.6.1985. The petitioner, being aggrieved by the aforesaid order of the termination, preferred a writ petition before this Court, which was allowed by a judgement dated 30.9.1986 and the termination order was set aside on the ground that the Assistant Regional Manager had no authority to pass the order of termination. It transpires that the aforesaid judgment was passed on the basis of a leading judgme...
Tag this Judgment!Narendra Kumar Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Feb-23-2007
Reported in: 2007(3)AWC2504
ORDERRakesh Tiwari, J.1. Heard Sri Prakash Gupta for the petitioner and Sri V. K. Goel for the respondents.2. The writ petition was dismissed in default on 25.8.2006 as under:The case has been taken up in the revised list. No one has appeared to press this petition. This is an old case. The petition is dismissed for want of prosecution. Interim order, if any, stands vacated.3. Sri Prakash Gupta, learned Counsel for the petitioner, states that he had written several letters to his client but he has not responded, as such he has not appeared before the Court.4. The cause of concern of the Court is that a tendency of the counsel in not appearing before the Court without any reasonable cause and information is fast developing. If a counsel is unable to appear for any reason whatsoever or that he is engaged in another court, he may give engagement slip to the reader of the Court as provided in High Court Rules and for any other just reason a mention may be made to the Court when the case is...
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