Allahabad Court March 2007 Judgments
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Salora International Ltd. Vs. Labour Commissioner and ors.
Court: Allahabad
Decided on: Mar-28-2007
Reported in: 2007(78)AWC2465; [2007(113)FLR790]; (2007)IIILLJ94All
Tarun Agarwala, J.1. A settlement between the employers and its Union was arrived at outside the conciliation proceedings and was duly registered under Section 6B(3) of the U.P. Industrial Disputes Act on 3.8.2004. Under this settlement various demands of the Union were met and granted but one of the demands, namely, that the workers, who had worked for more than 5 years should be kept in skilled category was not conceded by the employer, and in view of the other demands being accepted by the employer, this demand was taken back by the Union and it was agreed that this issue would not be raised during the period of the operation of the settlement. The settlement also contemplated that the terms recorded in the settlement would remain in operation for a period of three years from the date of its registration.2. Inspite of the aforesaid settlement, the Union raised a dispute and eventually, the State Government by an order dated 30.9.2005 referred two disputes under Section 4K of the U.P...
Surendra Kumar Pandey S/O Sri Ram NaraIn Pandey Vs. District Inspector ...
Court: Allahabad
Decided on: Mar-28-2007
Reported in: 2007(4)AWC3884
Sabhajeet Yadav, J.1. By this petition, petitioner has sought relief of mandamus directing the respondents to pay henceforth the salary of the petitioner month to month and arrears of salary along with other benefits permissible under law since the initial date of his appointment on the post of lecturer in Civics in the institution in question.2. The brief facts leading to the case are that one post of lecturer in Civics in Kisan Inter College, Babhnan District Basti fell vacant on account of retirement of one Sri B.P. Srivastava lecturer in Civics, who retired on 30.6.90. It is not in dispute that the institution is recognised Intermediate College under the provisions of U.P. Intermediate Education Act 1921 and receiving grants-in-aid out of state fund, thus the liability for payment of salary of teachers and other employees of the institution is upon the State Government under the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of teachers and other empl...
Mool Chandra Son of Chimman, Vs. Deputy Director of Consolidation and ...
Court: Allahabad
Decided on: Mar-28-2007
Reported in: 2008(1)AWC849
Vikram Nath, J.1. Supplementary affidavit filed today be taken on record.2. Heard Sri B.B. Paul, learned Counsel for the petitioners and Sri P.K. Misra, learned Counsel for the respondent No. 53. Pursuant to the sale deed dated 18.11.1989 alleged to have been executed by respondent No. 5 in favour of the petitioners, the Assistant Consolidation Officer vide order dated 29.11.1990 passed an order of mutation with the consent of the parties directing for recording the name of the petitioners after deleting the name of respondent No. 5 along with an appeal was filed against the said order by respondent No. 5 along with an application for condonation of delay. The said application of delay was allowed on payment of cost of Rs. 50/- by order of the Settlement Officer Consolidation dated 20.2.1995. Further by order dated 8.2.2005 the Settlement Officer Consolidation allowed the appeal respondent No. 5 and after setting aside the order of the Assistant Consolidation Officer for a fresh decisi...
Commissioner, Trade Tax Vs. Atma Ram Roshan Lal Naneta
Court: Allahabad
Decided on: Mar-28-2007
Reported in: (2008)15VST253(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 July 28, 1999 relating to the assessment year 1993-94 under the U.P. Trade Tax Act.2. Dealer/opposite party (hereinafter referred to as 'the dealer') purchased rice bran as a commission agent for and on behalf of the principal against form IIIB. On the basis of the aforesaid form IIIB dealer claimed the benefit of concessional rate of tax on the purchases of rice bran. The benefit of concessional rate of tax had been disallowed by the assessing authority and by the first appellate authority also on the ground that rice bran was not a declared commodity. The Tribunal however, allowed the benefit of concessional rate of tax relying upon the decision of this Court in the case of Commissioner of Sales Tax v. Shri Mahalaxmi Industries reported in [1980] UPTC 679.3. Heard learned Standing Counsel. Despite the service of...
Allahabad Agricultural Institute, a Deemed University Under Section 3 ...
Court: Allahabad
Decided on: Mar-26-2007
Reported in: (2007)211CTR(All)26
Sushil Harkauli and R.K. Rastogi, JJ.1. The essential facts necessary for adjudication of this writ petition are that, on 16.8.1975, the petitioner No. 1 had obtained registration under Section 12A of the Income Tax Act, 1961 (hereinafter called the Act for brevity) on the basis of a memorandum of association of the petitioner-society, which contained six objects, detailed in paragraph No. 3 of the show-cause notice dated 8 12.2006 which was issued to the petitioner No. 1 by the Additional Commissioner of Income Tax, Range II, Allahabad (Annexure 4 to this writ petition).2. Thereafter, with effect from 15.3.2000, the petitioner altered the objects in the memorandum and now after amendment there are in all 14 objects, which are referred to in paragraph No. 4 of the same show-cause notice dated 8.12.2006.3. The said show-cause notice dated 8.12.2006 specifically mentions in the said paragraph No. 4 that out of present 14 objects in the Memorandum of Association of the petitioner, there a...
Kashi Nath Mishra Vs. Canara Bank and ors.
Court: DRAT Allahabad
Decided on: Mar-23-2007
Reported in: I(2008)BC119
1. This appeal has been filed by Mr. Kashi Nath Mishra, appellant-defendant against a judgment dated 28th April, 2005 passed by Presiding Officer, D.R.T., Lucknow directing issuance of recovery certificate against the present appellant for a sum of Rs. 14,40,324/- together with interest @ 18.10 per annum with quarterly rest from the date of the filing of the case till full realization of the dues and the Presiding Officer, D.R.T., Lucknow also directed the appellant not to transfer, alienate or create any third party interest or dispose of the mortgaged property in any manner whatsoever.2. According to the application filed by Canara Bank before D.R.T., Lucknow defendant No. 1 is a company doing business of Menthol in the name and style of Shri Krishna Industries. Defendant Nos. 2 and 3 were its partners and they approached to the Canara Bank for sanction of credit facility with regard to working capital and term loan and the bank sanctioned O.C.C. limit of Rs. 7.5 lacs on 26th June. ...
Uma Kant Yadav Son of Late Sri Shri Pati Yadav Vs. State of U.P. Throu ...
Court: Allahabad
Decided on: Mar-23-2007
Reported in: 2007CriLJ2540
Tarun Agarwala, J. 1. Heard Sri R. K. Yadav, Sri Rakesh Pandey. Sri B. P. Singh. Sri S.C. Pandey and Sri R.C. Yadav, and other learned Counsels appearing for the petitioners at length and Shri J.K. Khanna. Sri B.N. Misra and Sri Waseem Alam, the learned Standing Counsels for the respondents.2. Since the matter is one of urgency and no disputed facts arc required to be considered, this group of petitions are being decided together, with the consent of the parties at the admission stage itself, without the exchange of counter or rejoinder affidavits. However, pursuant to the direction of the Court, the Standing Counsel has filed an application bringing on record the order of the State Government dated 11.2.2007 and the consequential order dated 6.3.2007 issued by the District Magistrate, Allahabad with regard to the deposit of fire arms during the ensuing general assembly elections.3. The preamble to our Constitution seeks to give India a democratic Constitution which provides for holdin...
Smt. Gomati Wife of Rama Nand Vs. Rama Nand S/O Ram Lal Alias Lalji an ...
Court: Allahabad
Decided on: Mar-23-2007
Reported in: II(2007)DMC399
V.D. Chaturvedi, J. 1. This criminal revision has been filed only against that part of the judgment and order dated 13.12.1999 whereby the Judge of Family Court, Allahabad has dismissed the revisionist's petition No. 365 of 1991 (filed Under Section 125 Cr.P.C.) for her maintenance. The order awarding maintenance to Bulbul (the son of the revisionist) at the rate of Rs. 400/- per month is not assailed.2. The relevant facts are briefly that Smt. Gomti (Revisionist) along with her minor son Bulbul filed petition No. 305 of 1991 under Section 125 Cr.P.C. against her husband Ramanand (herein respondent) for maintenance allowance on the ground that her marriage with Ramanand took place in her childhood; that her Gauna was held about six years back from the date of the petition (petition filed on 5.4.1990); that Ramanand and his family members demanded a buffalo and the cash; that on failure to fulfill their demands she was ill treated; that her illiteracy and her dark complexion were also t...
Abha Rani Agrawal and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Allahabad
Decided on: Mar-23-2007
Reported in: 2007ACJ1555
Pankaj Mithal, J.1. One Subodh Kumar Agrawal was knocked down to death by a negligently driven truck. The truck was insured with New India Assurance Co. Ltd. The dependants of the deceased, i.e., his widow Abha Rani, two minor children and parents joined together to file a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 6,50,000. According to them the deceased aged about 28 years was working as an Assistant Manager in Vikas Food Products, Agra and was drawing a salary of Rs. 2,500 per month.2. The claim was opposed by the respondents on the ground that the deceased himself was negligent in riding a moped and, therefore, neither the owner of the truck nor New India Assurance Co. Ltd. were liable for payment of compensation. The factum of the deceased being employed as Assistant Manager in Vikas Food Products, Agra was also denied. New India Assurance Co. Ltd. by filing a separate written statement further alleged that the truck driver was not havi...
Ashish Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-23-2007
Reported in: 2007(78)AWC2451
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Ashish Kumar, seeks the following reliefs:(a) issue a writ, order or direction in the nature of certiorari quashing the impugned order of Collector/District Magistrate, Farrukhabad respondent No. 2 contained in notification dated 27.3.2006 published in daily newspaper Dainik Jagran dated 29.3.2006 (Annexure-5 to the writ petition).(ai) issue a writ, order or direction in the nature of certiorari quashing the impugned order of the District Magistrate Farrukhabad respondent No. 2 dated 26.3.2006 (Annexure-S.A. 1 to the supplementary-affidavit), the impugned order of approval passed by the Excise Commissioner respondent No. 4 dated 27.3.2006 (Annexure-S.A. 2 to this supplementary-affidavit) and the allotment order of the District Magistrate, Farrukhabad respondent No. 2 dated 31.3.2006 (Annexure-S.A. 3 to the supplementary-affidavit) for shifting the country liquo...
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