Allahabad Court March 2007 Judgments
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Chandra Kishori W/O Jagdish Behari Vs. the State of U.P. Through Princ ...
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2007(3)AWC2306
B.S. Chauhan, J.1. This writ petition has been filed challenging the order dated 23.02.2004, by which Reference Court rejected the application of the petitioner under Section 28A of the Land Acquisition Act, 1894 (hereinafter called the Act).2. The facts and circumstances giving rise to this case are that the land of the petitioner was acquired under the provisions of the Act issuing Notification under Section 4 on 04.05.1973 and Declaration under Section 6 on 04.08.1973. The Award was made, against which some of the persons interested filed Reference under Section 18 of the Act which was decided on 11.12.1991 by the Court concerned. On the basis of the said Reference Award dated 11.12.1991 petitioner filed an application under Section 28A of the Act claiming the same rate for her land which was rejected vide impugned judgment and order of the Reference Court holding it to be not maintainable only on the ground that the application was not maintainable as the petitioner had not filed a...
Mohd. Ilyas Vs. Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2007(78)AWC2146
ORDERPrakash Krishna, J.1. Challenging the legality and validity of the order dated 18th of December, 1997 passed by the respondent No. 1 whereby he declared the shop in question as vacant, the tenant, Shri Mohd. Ilyas has come up with this petition.2. The facts of the case are not much in dispute and He in a narrow campas. The petitioner claims that he is tenant of the disputed shop since year 1945 which was let out to him by its earlier owner Rai Bahadur Banarsi Prasad. The said shop was sold subsequently in favour of the respondent Nos. 2, 3 and 4 and there has been attornment of tenancy. The petitioner who was continuing as tenant filed an application dated 24th of September, 1975 before the Rent Control and Eviction Officer for permission to induct Shri Narottam Saran son of Ram Lal resident of Mohalla Dilwali, Moradabad as a partner, in the disputed shop with the allegation that his business of radio is not yielding sufficient profit and he wants to start a new business of oil en...
Badshah Khan Vs. Shree NaraIn Dharamshala Private Trust Through Its Ma ...
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2007(3)AWC2497
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This is tenant's petition. The case of the petitioner is that the respondents filed S.C.C Suit No. 49 of 2000 in the court of Judge Small Causes, Jhansi for eviction of the petitioner-tenant and recovery of rent amount to Rs. 4,647 on the ground that the Shree Narain Dharamshala Private Trust is a private trust and Sri Mangal Sen Chhabra is its trustee. The petitioner is tenant in the first floor of the house belonging to the trust on a monthly rent of Rs. 500. He was in arrears of rerit from 1.9.1999 to 30.4.2000 amounting to Rs. 4,000 and despite notice dated 8.5.2000 served upon him on 11.5,2000, no rent was paid.3. It is alleged that the trial court vide ex parte judgment dated 7.8.2000 decreed the suit for eviction; recovery of Rs. 4,647 and Rs. 20 per day as damages without recording any finding as required by law.4. Petitioner was posted as Constable in the Police Department and was transferred from Jhan...
United India Insurance Co. Ltd. Vs. Suman Dubey and ors.
Court: Allahabad
Decided on: Mar-07-2007
Reported in: II(2007)ACC720
ORDER1. Heard Mr. Saurabh Srivastava, learned Counsel for the appellant and Mr. R.K. Porwal, learned Counsel for the respondent Nos. 1 to 5.2. The appeal is directed against the award dated 1.12.2006 passed by MACT/Special Judge (SC & ST), Etawah awarding a sum of Rs. 10,72,096 to the claimant-respondents, as a result of death of Mr. Hari Shankar Dubey, deceased. The learned Counsel for the appellant vehemently contended that it was a case of contributory negligence as the accident was head-on collision and, therefore, the liability was of both the Insurance Companies namely the appellant and the respondent No. 8, but the learned Tribunal has erred in law in not considering this issue. However, we do not find any force in the aforesaid submission for the reason that from a bare perusal of the record it is evident that no such issue was raised by the appellant before the learned Tribunal. A copy of the written statement filed by the appellant before the learned Tribunal is annexed as An...
Smt. Meenu Devi Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2008(2)AWC1438
S.S. Chauhan, J.1. This writ petition has been filed by the petitioner for quashing the order dated 18.5.2005, by means of which the appointment of the petitioner on the post of Chief Supervisor has been refused.2. The petitioner in response to an advertisement dated 4.9.2001 issued by the opposite party No. 2 applied for the post of Chief Supervisor. The petitioner appeared in the examination and was declared successful. The result was published in the newspaper on 30th December, 2004 and the petitioner was required to appear before the opposite party No. 2 alongwith all the documents by means of letter dated 10.1.2005 for verification of documents. The documents of the petitioner were found to be correct and she also submitted all the documents required by the opposite parties. The petitioner appeared before the Selection Committee on 17.1.2005 and the Selection Committee found that she was not possessing the requisite qualification of Sociology as one of the subject at Graduate leve...
Smt. Ishrawati Devi, Prop. Vs. the I.T.O.
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Mar-02-2007
Reported in: (2008)298ITR313(All.)
1. This is an appeal filed by the assessee against the order of the ld.CIT(A) where in he has confirmed the additions of Rs. 80,000, Rs. 50,000 and Rs. 2,50,000 being gifts received by the assessee from three different persons during the accounting year.2. The facts of the case are that the assessee is deriving income from dealing in zarda and cigarettes on wholesale basis. During the year under consideration, the assessee has shown to have received the gifts from the following persons: The AO while examining these gifts noted that gifts were given by Smt.Sharda Devi to the assessee on 19.3.2001 through cheque No. 051262 of Central Bank of India, Deoria. The AO recorded the statement of Smt.Sharda Devi wherein she had admitted that gift was given by her. She had received money after the death of her husband, who was an employee of Sales-tax department. He died in December, 2000. The AO noted that on the same date i.e. 19.3.2001, a sum of Rs. 80,000 was deposited in cash in the account...
Syndicate Bank Through Manager, Mayapuri Branch Vs. State of U.P., Thr ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(3)AWC2509
Shishir Kumar, J.1. The present writ petition has been filed for quashing the order-dated 8.2.2006 passed by respondent No. 3, Annexure-1 to the writ petition, further prayer is to issue a writ in the nature of certiorari quashing the orders dated 10.2.2006 passed by respondent No. 4, Annexure-2 to the writ petition and 15.2.2006 passed by respondent No. 3, Annexure-12 to the writ petition. The further prayer is also to issue a writ in the nature of mandamus commanding the respondents to hand over the possession of the entire premises situate at A-1, Sector-59, Noida.2. The facts arising out of the writ petition are that the petitioner, who is a nationalized bank, in usual course of business, granted a term loan of Rs. 3 Crores to respondent No. 7. A copy of the agreement dated 10.2.2003 between the petitioner and respondent No. 7 has been filed as Annexure-3 to the writ petition. The said hypothecation agreement was in respect of plant and machinery as well as all the other fixed asse...
The Uttar Pradesh Rajkiya Nirman Nigam Limited Through Additional Proj ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007(3)AWC2620
S.U. Khan, J.1. Heard learned Counsel for the parties.2. These three writ petitions have been filed by U.P. Rajkiya Nirman Nigam Limited and its Project Manager against U.P. Rajkiya Nirman Nigam Karamchari Sangh (Workers Union) and Presiding Officer Industrial Tribunal Allahabad. The first writ petition is directed against award dated 27.11.1990 given by the Industrial Tribunal (I) U.P. Allahabad in Adjudication case No. 77 of 1988. The matter which was referred was to the effect that as to whether the employer shall declare 7 of its employees whose names were given in the schedule attached with the reference as permanent. Through the impugned award, Labour Court directed that one of the employees Surendra Kumar Shukla was entitled to permanent status with effect from 20.3.1984 and the other employee Budhi Ram with effect from 1.12.1984 and from the said dates they should be placed in the graded scale of pay and entitled to all the benefits to which permanent employees doing similar wo...
U.P. State Road Transport Corporation Through Its Chairman Vs. Smt. Sh ...
Court: Allahabad
Decided on: Mar-02-2007
Reported in: 2007ACJ2080; 2007(2)AWC1827
A.K. Yog and R.K. Rastogi, JJ.1. Both these appeal and cross objection have arisen out of an award passed in M.A.C.P. No. 88 of 1988, Smt. Shanti Devi and Ors. v. U.P. State Road Transport Corporation.2. The facts relevant for disposal of above appeal and cross objection are that the claimant respondents filed the aforesaid claim petition before the MAC. T., Kanpur Dehat under Section 110 of the Motor Vehicles Act, 1939 with these allegations that Sri Mahesh Chandra Verma who was husband of claimant No. 1 and father of claimant respondents No. 2 to 6 was waiting for a Tempo for going to his village Shivrajpur near Townpora G.T. Road on 28.4.1988 at about 2.40 P.M. At that time Roadways Bus No. U.H.K. 883 of Bewar Depot Etawah reached there. It was being driven rashly and negligently by its driver and it crushed Mahesh Chandra Verma. Consequently Mahesh Chandra Verma died on the spot. F.I.R. of the incident was lodged at police station Bilhaur on the same day. Mahesh Chandra Verma was a...
Naseem Banoo, Vs. Presiding Officer, Debts Recovery Tribunal,
Court: Allahabad
Decided on: Mar-02-2007
Reported in: AIR2007All116; 2007(2)AWC1350
Ashok Bhushan, J. 1. Heard Sri Kushal Kant, learned Counsel for the petitioners and the learned Counsel appearing for the respondents 1 and 3.2. By this writ petition the petitioners have prayed for quashing the order dated 3,9,2002 passed by the Recovery Officer, Debt Recovery Tribunal, Allahabad and order dated 30.11,2006 passed by the Debt Recovery Tribunal dismissing the appeal No. 224 of 2002 filed against the order of the Recovery Officer.3. Learned Counsel appearing for the respondents raised a preliminary objection with regard to entertainability of this writ petition. Learned Counsel for the respondents submitted that the petitioners have statutory remedy of filing on appeal before the appellate tribunal Under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the order dated 30.11.2006 passed by the Debts Recovery Tribunal hence the writ petition need not be entertained by this Court under Article 226 of the Constitution. Reliance ha...
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