Allahabad Court March 2007 Judgments

Naresh Chandra Gupta Vs. Commissioner, Trade Tax

Court: Allahabad

Reported in: (2009)23VST187(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 Tribunal dated November 28, 2000 relating to the assessment year 1997-98 by which the Tribunal has confirmed the penalty levied under Section 15A(1)(g) of the Act at Rs. 4,800.2. Brief facts of the case are that the applicant was running sweetmeat shop. This is first year of business. The applicant was brought on record on the basis of the survey dated May 5, 1997. At the time of survey one Sri Pramesh Chandra Gupta was present. As per survey report he told that per day sale was Rs. 400 only. Immediately, after the survey, the applicant Sri Naresh Chandra Gupta filed reply dated June 10, 1997 stating therein that inadvertently in the survey report the name of Sri Pramesh Chandra Gupta has been mentioned as proprietor. It was also stated that the business was started one month back and per day sale was Rs. 300 and by mistake it was ...

Hindustan Aeronautics Ltd. Vs. Industrial Tribunal Ii and anr.

Court: Allahabad

Reported in: [2008(117)FLR324]

Rakesh Sharma, J.1. Heard Sri P.K. Sinha, learned Counsel for the petitioner-employer and Sri R.K. Verma, who is appearing on behalf of the opposite party No. 2 workman.The petitioner has assailed the award rendered by the Industrial Tribunal II, Lucknow on 25.5.19S4, a copy of which is contained in Annexure No. 11 to the writ petition.2. A reference was made be the State Government under Section 4-K of the U.P. Industrial Disputes Act, 1917 vide G.O. No. 1348 (SHRA)/36-SHRAM (1-CC-23 (LUCK)/82 dated 22.3.1932 to the Industrial Tribunal II, Lucknow, for settlement of a dispute between M/s Hindustan Aeronautics Ltd. and its workman. The reference reads as follows:D;k lsok;kstdkas }kjk vius Jfed fo'kky JhokLro dh fu;kstdks ds vkns'k i= la[;k ,e-,y-,l-Mh-@1303@ l- 240 fnukad 14-8-1981 }kjk lsok;s lekIr fd;k tkuk mfpr vFkok oS/kkfud gSA ;fn ugha] rks lEcfU/kr Jfed D;k ykHk@vuqrks'k fjyhQ ikus dk vf/kdkjh gS rFkk vU; fdl vkooj.k lfgrA3. The Tribunal, after going through the material on reco...

Smt. Bhikha Devi W/O Late Sri Vs. Union of India (Uoi) Through Its

Court: Central Administrative Tribunal CAT Allahabad

1. Heard Sri B.D. Shukla, learned Counsel for the applicant and Sri V.K. Pandey, learned Counsel for the respondents.2. The applicants Smt. Bhikha Devi and Vinod Kumar have filed this O.A.with a prayer that order dated 7.5.2003 passed by respondent No. 2 conveying the rejection of candidature of applicant No. 2 for compassionate appointment be quashed and respondents be directed to give him appointment on compassionate ground.3. Their case, in brief, is that late Muneshwar, husband of Smt. Bhikha Devi and father of Vinod Kumar, was permanently employed under respondent No. 2 at Kanpur Nagar and he died in harness on 25.6.1998.It is said that request was made by the applicant No. 2 for appointment on compassionate ground. Copy of the application is Annexure 3. The applicant No. 2 claimed that he was intermediate and there was No. 2 source of livelihood and financial condition of the family was extremely bad. It appears that they filed one O.A. No. 1461/02, Smt.Bhikha Devi and Ors. v. U...

National Insurance Co. Ltd. Vs. Pitam Singh and anr.

Court: Allahabad

Reported in: 2007(2)AWC2107

Amitava Lala, J.1. The appeal has been made for admission before this Court on the ground that the learned Judge in deciding the matter committed two errors firstly reduction was made only to the extent l/3rd of the income of the deceased towards the personal expenses and secondly, the multiplier has not been properly applied. We are of the view that the points are so short that even at this stage particularly when the caveator is present, the same can be heard and disposed of on the informal papers on the parties agreement of hearing the appeal in such a way, to which they are agreeable. These two law points are totally covered by various judgments of the Supreme Court and High Courts. Therefore, we do not find any need and necessity of calling for the records of the court below. Apart from that the bulk of the litigation cannot be kept pending indefinitely when the applicability of the principle of law laid down by the Supreme Court and High Courts are available.2. So far as the pers...

Baba Kinaram Aghorepith Ramshala Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2007(78)AWC2445

S.N. Srivastava, J.1. Relief sought in the petition in hand is for quashment of order dated 8.3.1994 (Annexure-14 to the writ petition) passed by Additional Commissioner, Varanasi Division, Varanasi arrayed as respondent No. 2 and also the order dated 20.12.1991 passed by Chief Revenue officer Varanasi (Annexure-12 to the writ petition) besides challenge to the vires of Section 2 and other relevant Section of Act No. 3 of 1986 in so far as it confers Judicial power of appeal on Commissioner (the executive Head) being ultra vires Article 50 of the Constitution of India.2. Baba Kinaram Aghorepith Ramshala Ramgarh Pargana Barrah district Varanasi claims itself to be a religious and charitable endowment and the land forming part of the Math is also claimed to have been dedicated by several persons of the locality for public religious and charitable purposes. The holding consisting in the Math comprises school, its building, temple and Samadhi, residential cottage for disciples, and the pla...

Suresh Chandra Dixit Son of Late Sone Lal Dixit, Vs. the General Manag ...

Court: Allahabad

Reported in: 2008(2)SLJ68(NULL)

Sudhir Agarwal, J.1. All these writ petitions involve common questions of facts and law and hence, as requested by learned Counsel for the parties, have been taken together and are being decided by this common judgment.2. The petitioners working in Indian Telecom Industry, Naini at Allahabad (hereinafter referred to as 'ITI Naini') aggrieved by the order dated 28.12.2005 issued by the Manager (Human Resources) (P) ITI Naini transferring them in various sites of GSM project have filed these writ petitions under Article 226 of the Constitution of India.3. The facts in brief as stated commonly in these writ petitions are that the petitioners are working as employees in various departments of ITI i.e. Digital, Baywiring, Optical, Assembly-T etc. They proceeded on six weeks out door tour programme to attend various sites of GSM project on 8.11.2005 and 12 11.2005 but before completion thereof the respondents have issued the aforesaid order transferring petitioners to various sites of GSM pr...

Manish Tyagi Son of Jageshwar Tyagi Vs. State of U.P. and Sri Om Son o ...

Court: Allahabad

Reported in: 2007CriLJ3165

Vinod Prasad, J.1. The neat legal question which is involved in this application is as to whether Sessions Judge had got the power of Juvenile Justice Board in consonance with Section 6(2) of Juvenile Justice (care and protection of children) Act 2000, (Act No. 56 of 2000) or not? The contention of Sri V.P. Srivastava, learned Senior Counsel for the applicant, Manish Tyagi is that under the aforesaid sub-section, Sessions Judge as well as the High Court has been statutorily conferred with such power vis-a-vis Juvenile Justice Board. The submission is that in view of the provision of Section 6(2) of the Act there cannot be another inquiry by Juvenile Justice Board for determining as to whether the accused is a juvenile or not once the inquiry conducted by the Additional Sessions Judge has declared him to be such. Before determining the proposition of law harangued by the applicant a thumb nail description of the facts seems to be indispensable which is sketched below.2. The applicant, a...

Smt. Sushma Devi Wife of Sri Kali Charan Vs. State of U.P. Through Sec ...

Court: Allahabad

Reported in: 2007(4)AWC3669

Tarun Agarwala, J.1. The preamble to our Constitution provides the citizen of India a democratic Constitution which provides for holding free, fair and peaceful elections. Purity of election and secrecy of ballot are the two central pillars which supports our democracy, which at times are complimentary to each other and, at another point of time, stand in confrontation which each other.Sir Winston Churchill once stated:At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point.2. This statement was adopted by the Supreme Court with a slight variation in S. Raghbir Singh Gill v. S. Gurcharan Singh Tohra and Ors. : [1980]3SCR1302 , wherein the Supreme Court held - nothing can diminish the overwhelming importance of that cross or preference indicated by the dumb sealed lip vot...

Mohd. Abbas Vs. Settlement Officer, Consolidation and anr.

Court: Allahabad

Reported in: [2007(114)FLR853]

S.S. Chauhan, J.1. This writ petition has been filed challenging the punishment order dated 29.5.2000.2. The petitioner was initially appointed on the post of Consolidation Lekhpal. He was suspended by means of order dated 3.1.1991 and a charge-sheet was served upon him. The disciplinary prpceedings v/ere drawn against him and on the basis of enquiry report submitted against him he was dismissed from service by means of order dated 3.7.1991. The petitioner challenged, the dismissal order dated 3.7.1991 by way of Writ Petition No. 4800 of 1991 (S/S) Mohammad Abbas v. Settlement Officer of Consolidation and Anr. The said writ petition was allowed by means of order dated 6.10.1999 with the direction that the enquiry against the petitioner shall be held afresh from the stage of submission of reply to the charge-sheet by the petitioner by giving opportunity of hearing as required under law. It was further directed that the petitioner would be paid subsistence allowance during the said perio...

Mahesh Chand Agarwal Son of Late Bhagwan Agarwal and Smt. Kanak Agarwa ...

Court: Allahabad

Reported in: AIR2007All119; 2007(3)AWC2376

B.S. Chauhan, J.1. This writ petition has been filed for quashing the recovery citation dated 14/8/2008 and recovery certificate dated 03/7/2006 basically on two grounds, i.e. the respondents be directed to reach the One Time Settlement with the petitioner and the respondents should not be permitted to make the recovery by issuing citation as arrears of land revenue once they have chosen to issue notice under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the 'Act 2002').2. We have heard Shri K.S. Bajpai holding brief of Shri Krishan Shukla learned Counsel for the petitioners; Shri Ashok Bhatnagar for the Bank; Shri Tej Prakash for respondent No. 1 and the learned Standing Counsel Shri C.K. Rai for respondent No. 3. So far as the issue of issuing direction to settle the matter by reaching One Time Settlement is concerned cannot be accepted for the reason that no statutory provision has been b...