Allahabad Court February 2007 Judgments
State of U.P. Through Executive Engineer, Irrigation Division Ii Vs. t ...
Court: Allahabad
Decided on: Feb-22-2007
Reported in: [2007(114)FLR19]
S.P. Mehrotra, J.1. Pursuant to the order dated 31.1.2007, the case is listed today.2. Sri Moti Lal Kushwaha, presently posted as Executive Engineer, Irrigation Division II, Deoria, is personally present today, and he isidentified by Sri Sandeep Saxena, learned Standing Counsel appearing for the petitioner.3. An Application along with an affidavit of compliance , sworn by the aforesaid Moti Lal Kushwaha on 22.2.2007, has been filed today.4. It is, interalia, stated in the said Affidavit that a Cheque for a sum of Rs. 15,735.00 is being paid to the respondent No. 2 (workman) in respect of his wages for the period from 22.7.2003 to 30.11.2006.5. It is, interalia, further stated in the said Affidavit that the said amount has been computed on the basis of the last wages drawn by the respondent No. 2 (workman).6. The aforesaid Cheque for a sum of Rs. 15,735.00 has been handed over to Sri Shyam Narain, learned Counsel for the respondent No. 2 (workman), and Sri Shyam Narain, learned Counsel ...
Tag this Judgment!Chetna Chemicals Private Limited Shah Maroof, Through Its Managing Dir ...
Court: Allahabad
Decided on: Feb-22-2007
Reported in: (2007)10VST569(All)
Rajes Kumar, J.1. The present revision under Section 11 of U. P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Full Bench of Tribunal dated 19.09.1998 relating to assessment year 1999-2000.2. The brief facts of the case are that the applicant is a Private Limited Company incorporated under the Indian Companies Act. Applicant established a Unit for manufacturing of Laundry Soap and Detergent Powder. The Unit was established in its own land. The total investment towards machines was to the extent of Rs. 3,19,960/- consisting of one machine named as Pouch Sealing Machine valuing Rs. 24,400/-. Such machine was required for packing purposes. Admittedly, Pouch Sealing Machine was initially imported by the Finn M/S Gorakhpur Grah Udyog Kendra, Gorakhpur and thereafter, it was transferred to the applicant. Applicant claimed exemption under the Government Order dated 30.9.1982 under Section 4-A of the Act on the turnover of manufactured goods. The exemption a...
Tag this Judgment!The Commissioner, Trade Tax Vs. Gomit Ice and Gold Storage Pvt. Ltd.
Court: Allahabad
Decided on: Feb-22-2007
Reported in: (2008)15VST332(All)
Rajes Kumar, J.1. These two revisions under Section II of U.P. Trade Tax Act (hereinafter referred to as 'Act') are directed against the order of Tribunal dated 24th July, 1999 the assessment years 1987-88 and 88-89 both under the Central Sales Tax Act.2. By the impugned order Tribunal has deleted the penalty levied under Section 10-A of the Act for the alleged default under Section 10(d) of the Central Sales Tax Act (hereinafter referred to as 'Central Act').3. Brief facts of the case are that the dealer/opposite party (hereinafter referred to as 'Dealer') applied for registration under Central Sales Tax Act for the manufacturing of ice. During the proceedings for grant of registration statement of Sri Ramesh Chandra was recorded on 12.07.1987 in which he has categorically stated that he would sell the ice after manufacturing ice in the cold storage and only for the purpose of the manufacturing registration was required. The registration was granted by the assessing authority on 03.07...
Tag this Judgment!Parents-teachers Association, Adarsh Gramya Inter College Through Its ...
Court: Allahabad
Decided on: Feb-22-2007
Reported in: 2007(2)AWC1355
Arun Tandon, J.1. Heard learned Counsel for the parties.2. The admission of girls students in the Boys' institutions, which are situate in rural areas through out the State of Uttar Pradesh, has been prohibited by the State-respondents with reference to Regulation-11 (t) of Chapter-VII of the Regulations framed under the UP. Intermediate Education Act, 1921. The relevant clause ads as follows:11 (t) Parishad dwara sanstha ko jin abhyarthiyon ke pathan, paathan ke liye manyata pradan ki gayee hai, sanstha meyn ushi prakar ke abhyarthiyon ka pravesh/adhyapan karayajayega arthat balak ke mop meyn manyata prapt vidyalayon meyn balak tatha balika ke roop meyn manvata prapt vidyalaya meyn balika abhavarthi hi adhvan ke patra hongey.3. The restriction so imposed is being challenged on two grounds:(a) Any provision, which prohibits the girls students being admitted in boys institution is hit by Article 15 of the Constitution of India. Article 15(3) prohibits the State from discriminating on th...
Tag this Judgment!Geeta D/O Fakeer Chand Vs. State of U.P. and Smt. Manju S/O Late Pirth ...
Court: Allahabad
Decided on: Feb-22-2007
Reported in: IV(2007)BC287; 2007CriLJ2222
Vinod Prasad, J.1. Geeta has approached this Court through the instant Criminal Misc. Application No. 89 of 2006, Under Section 482 Cr. P.C., with the prayer to quash the proceedings of Complaint Case No. 266/04, Under Section 138 of Negotiable Instruments Act, read with Section 420 IPC, pending in the court of Chief Judicial Magistrate, Saharanpur with the nomenclature Smt. Manju v. Geeta. The subsequent prayer is for stay of further proceedings of the aforesaid complaint case till the disposal of present application in this Court.2. The factual matrix of the case has got its genesis in the complaint filed by Smt. Manju w/o late Prithvi Singh on 13.1.2004 in the court of CJM, Saharanpur being complaint case No. 266/04 with the allegations that husband of the complainant late Prithvi Singh was the employee in Railways and the complainant with her small children was living alongwith her parents. Accompanied by her father and sisters the complainant used to visit the house of the accused...
Tag this Judgment!The Commissioner, Trade Tax Vs. S/S D.C.M. Limited, Daurala Sugar Work ...
Court: Allahabad
Decided on: Feb-22-2007
Reported in: (2008)14VST27(All)
Rajes Kumar, J.1. Present three revisions under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') are directed against the orders of Tribunal dated 28.07.1997 and 29.10.1997 relating to the assessment years, 1984-85. 1985-86 and 1986-87.2. In all the three years one common question, namely, whether the supply of Mustard Oil by M/S Shree Durga Industries, Fatehabad Road. Agra was the sale on principal to principal basis or after the manufacturing of such oil by M/S Shree Durga Industries, Fatehabad Road, Agra, the opposite party had made the first sale therefore, liable to tax.3. For the assessment year 1985-86 apart from the aforesaid question, one more question has been raised whether the Tribunal was justified in holding the turnover of plant and machinery to be non-taxable inspite of the fact that the said plant and machinery was manufactured and sold within the State of U.P.4. In all the three years, the dealer/opposite party (hereinafter referred to as 'Dealer') ...
Tag this Judgment!Suresh and ors. Vs. Chand and ors.
Court: Allahabad
Decided on: Feb-22-2007
Reported in: AIR2007All113; 2007(3)AWC2638
ORDERTarun Agarwala, J.1. The petitioners instituted a suit for a declaration that they should be declared to be the half owners of the property in question on the basis of a registered Will left by their mother. During the pendency of the suit, the respondent No. 1, executed a sale deed for the entire house. Accordingly, the plaintiffs filed an amendment application seeking a further relief in the suit, namely, for the cancellation of the sale deed with respect to her share of the property. This amendment was allowed and the said relief was incorporated in the plaint, as relief No. 2.2. The trial Court framed issue No. 2 with regard to the sufficiency of the court fee. The trial Court, by an order dated 28-5-2004, found that the petitioners had valued the plaint at Rs. 1.00 lac, whereas, the valuation of the property, as per the sale deed, was Rs. 5,20,000=00. The trial Court, also found, that the court fee was required to be paid in accordance with the provisions of Section 7(iv-A) o...
Tag this Judgment!Ajmal Khan Vs. Addl. District Judge and ors.
Court: Allahabad
Decided on: Feb-22-2007
Reported in: 2007(3)AWC2500
Rakesh Tiwari, J.1. This is landlord's petition. The petitioner is owner of house No. 21 Nalband Crossing, Urvasi Road, Firozabad, which was purchased by him by a registered sale-deed dated 28.5.1984 from its erstwhile owner Sri Dayal.2. The respondent-tenants were inducted as tenants by the erstwhile landlord on a monthly rent of Rs. 30.3. The case of the petitioner-landlord is that the building in dispute is in dilapidated condition and requires demolition and reconstruction. As such, he filed release application, registered as P.A. Case No. 60 of 1992 under Section 21(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'U.P. Act No. XIII of 1972') before the Prescribed Authority, Firozabad, which was decided in his favour vide judgment dated 11.3.1998 passed by the Prescribed Authority/Civil Judge (S.D.), Firozabad holding that the house is in dilapidated condition and it has been proved by the landlord that it is essent...
Tag this Judgment!U.P. State Road Transport Corporation Through Its General Manager Vs. ...
Court: Allahabad
Decided on: Feb-21-2007
Reported in: 2008(2)AWC1470; [2007(113)FLR610]
Tarun Agarwala, J.1. Heard Shri Shishadri Trivedi, the learned Counsel holding the brief of Sri Samir Sharma, the learned Counsel for the petitioner and Sri B.N. Tripathi, the learned Counsel holding the brief of Sri A.K. Verma, the learned Counsel for the respondent No. 1.2. The respondent No. 1 is a workman under the UP. Industrial Disputes Act and was working in the diesel room of the Central Workshop of the U.P. State Road Transport Corporation and, while coming out from the security gate, was Stopped and physically checked in the presence of witnesses, and was caught taking out certain articles belonging to the Corporation, having a value. On the Charge of an alleged theft, the workman was initially placed under suspension and thereafter charge sheeted.3. It has come on record that a first information report was also lodged against the workman. The workman denied the charge and, accordingly, the management decide to hold a domestic enquiry in the matter. It was contended that full...
Tag this Judgment!Unnao Distilleries and Braveries Limited Through Its Managing Director ...
Court: Allahabad
Decided on: Feb-21-2007
Reported in: (2007)213CTR(All)68
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India the petitioner, M/s Unnao Distilleries & Braveries Ltd., Kanpur seeks the following reliefs:(a) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 18.1.2007 (Annexure 4 to the writ petition) passed under Section 127(2) of the Act by the Commissioner of Income Tax-II, Kanpur (respondent No. 1);(b) issue a writ order or direction in the nature of prohibition restraining respondent No. 3 from taking any further action in pursuance of the impugned order dated 18.1.2007 (Annexure 4 to the writ petition), else the petitioner will suffer grave and irreparable loss;(iii) issue any other suitable writ, order or direction in the nature of writ as this Hon'ble Court may deem fit and proper in the circumstances of the case; and(iv) award costs of this petition to the petitioner.2. Briefly stated the facts giving rise to the present writ petition are as...
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