Allahabad Court March 2007 Judgments
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Lal Bahadur Son of Raj Bali Vs. State of U.P. Through Secretary, Depar ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: 2007(3)AWC2576; [2008(118)FLR921]
Sudhir Agarwal, J.1. Heard Sri Ranjeet Saxena and Sri V.S. Gupta holding brief on behalf of Sri Ashok Khare, appearing for the petitioners and the learned Standing Counsel for the respondents.2. All these writ petitions involve similar factual and legal issues and, therefore, as requested by learned Counsel for the parties have been heard together and are being decided by this common judgment.3. The writ petitions arise out of the order dated 8 th January 2005 passed by the Consolidation Commissioner, UP., Lucknow, cancelling selection held for the posts of Junior Clerk, Sarniyak and Stenographer in the office of Settlement Officer (Consolidation) (hereinafter referred to as the S.O.C.), Siddharth Nagar pursuant to the advertisement dated 18 th August 2004.4. The facts as stated in the writ petitions are that the S.O.C. Siddharth Nagar got an advertisement published on 18th August 2004 inviting applications for recruitment to the following posts:----------------------------------------...
Rajendra Prasad Arora Son of Late Roshan Lal and ors. Vs. State of U.P ...
Court: Allahabad
Decided on: Mar-01-2007
Reported in: II(2007)DMC343
Barkat Ali Zaidi, J.1. The controversy in these proceedings under 482 Cr.P.C. is whether jurisdiction for trial of the offences under Section 498A and 307 of Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act lies at Meerut or Delhi.2. The case at present is being tried ad Meerut.3. Sri Satish Trivedi, Senior Advocate assisted by Sri Imran Ullah, advocate present for the applicants, Sri Gopal S. Chaturvedi, assisted by Sri Sumit Gopal advocate present for Opp. Party No. 2 and Sri R.K. Maurya, Addl. Government Advocate present for the State, have been heard.4. Section 177 of Civil Procedure Code says that every offence shall ordinarily be enquired into and tried by a Court within whose local jurisdiction it was committed.5. The first information Report of the case states that the demand of dowry from the side of the husband petitioner was made twice at Meerut first when the petitioners came to Meerut to the house of the wife's father and again when they came to partici...
Praveen Kumar Vs. Brij Bhushan Sharma and ors.
Court: Allahabad
Decided on: Mar-01-2007
Reported in: 2007(3)AWC2493
Rakesh Tiwari, J.1. This is landlord's petition. Petitioner-landlord has challenged the validity and correctness of Judgment and order dated 4.10.2006 (appended as Annexures-1 to the writ petition) passed by Additional District Judge, court No. 7, Varanasi in Rent Appeal No. 241 of 2004.2. The dispute giving rise to the instant writ petition relates to accommodation under the tenancy of the respondents consisting of three rooms, kitchen, varandah (angan), laterine/bathroom situated on the ground floor of premises No. 57/49 D5, Mohalla Maulvibag, Sigra, district Varanasi.3. Petitioner-landlord moved release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act'), which was registered as Case No. 60 of 2002 for eviction of the respondent-tenant on the ground of his own bona fide and genuine need.4. The release application was contested by the respondent-tenant by filing his written statemen...
Commissioner of Trade Tax Vs. D.R. Zindal and Sons
Court: Allahabad
Decided on: Mar-01-2007
Reported in: (2008)14VST58(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') is directed against the order of the Tribunal dated September 26, 2000 for the assessment year 1995-96.2. On the basis of information received that the dealer/opposite party had received a sum of Rs. 9,86,018.71 from Dugdh Utpadan Sahkari Sangh Limited, Bulandshahar, a proceeding under Section 21 of the Act was initiated. It has been alleged by the assessing authority that the dealer had provided chilling plant to Dugdh Utpadan Sahkari Sangh Limited, Bulandshahar for chilling of milk and water at a particular temperature. Therefore, the receipt was liable to tax under Section 3F of the Act for transfer of right to use the goods. Claim of the dealer was that under the contract, the dealer was to supply the milk and water at a specified temperature and the chilling plant was never transferred to Dugdh Utpadan Sahkari Sangh Limited, Bulandshahar and has always remain...
Dal Chand Vs. Prem Chand Goyal
Court: Allahabad
Decided on: Mar-01-2007
Reported in: 2008(2)AWC1969
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner is a tenant of the property in dispute which is in the nature of a shop. The sole respondent Sri Prem Chand Goyal is the landlord of the aforesaid shop.3. After giving notice of termination of tenancy under Section 106 of the Transfer of Property Act read with Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) the landlord filed an application under Section 21(1)(a) of the aforesaid Act No. XIII of 1972 (hereinafter referred to as the Act) on the ground of bona fide need for his eldest son who is said to be unemployed. It was averred in the application that not only his son would be settled in life, the income of the family would also augment.4. The petitioner-tenant filed his written statement before the court below stating, inter alia, that the eldest son of the landlord is not unemployed. It was further averred by him...
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