Allahabad Court March 2007 Judgments
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Commissioner, Trade Tax Vs. U.P. State Agro Industries
Court: Allahabad
Decided on: Mar-15-2007
Reported in: (2009)20VST420(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 July 19, 2000 relating to the assessment year 1996-97.2. Dealer/opposite party (hereinafter referred to as 'the dealer') was carrying on the business of hand pump. Dealer had admitted the liability on the turnover of hand pump at four per cent under the entry 'Water pump and pumping sets' under the Notification No. TT-2-3402/XI-9(116)/94-U.P. Act-15/48-Order-94, dated October 1, 1994. The assessing authority in the original assessment order accepted the claim and levied the tax on the turnover of hand pump at five per cent inclusive of surcharge. Subsequently, the assessing authority passed the order under Section 22 of the Act on May 22, 1999 and held that hand pump is liable to tax as machinery at 7.5 per cent inclusive of surcharge under the same notification. First appeal filed by the dealer was dismissed. Dealer...
Shri Ram Niwas (Since Deceased) Through L.R. Vs. 1st Addl. District Ju ...
Court: Allahabad
Decided on: Mar-14-2007
Reported in: 2007(78)AWC2136
Prakash Krishna, J.1. This is landlord's petition filed against the judgment and order dated 29th of October, 1988 passed by the First Additional District Judge, Moradabad in S.C.C. Revision No. 11 of 1982 whereby the court below has remanded the case to the court of J.S.C.C. with specific direction to decide whether a single suit in respect of two tenements was maintainable on the basis of single notice in the present case.2. The case has a chequered history and was remanded twice by the revisional court to the trial court and thus, the litigation which was initiated in the year 1981 is still surviving.3. The petitioner is, admittedly, landlord of house No. 47/A9 situate in Mohalla Banbataganj, district Moradabad. The said accommodation consists of one room, latrine, verandah on the ground floor and one room on the first floor, of which the respondent No. 3 (who died during the pendency of the writ petition) was the tenant on a monthly rent of Rs. 37. The S.C.C. suit No. 207 of 1981 w...
Aligarh Muslim University Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-14-2007
Reported in: 2007(78)AWC2460
S.N. Srivastava, J.1. All these writ petitions arise out of proceedings initiated on applications moved under Section 163 of the U.P. Tenancy Act by Aligarh Muslim University for recovery of certain land revenue and for ejectment of defendants on the ground that the plaintiff is Zamindar of the land in dispute and defendants are occupancy tenants/Hereditary Tenants at the rate of Rs. 23-60 per year rent. As the defendants have not paid the rent which was due from 30.9.1989 and further refused to pay any land revenue to Aligarh Muslim University, they are liable for ejectment.2. An objection to the said application was filed by contesting respondents challenging the right of Aligarh Muslim University for instituting such application under Section 163 of the U.P. Tenancy Act. It was specifically denied that Aligarh Muslim University has any right or title in the land in dispute. Zamindari right or right of partition of land in dispute was also denied. It was further averred in the object...
Satyam Glass Works Industries Through Its Partner Sri Shailendra Kumar ...
Court: Allahabad
Decided on: Mar-14-2007
Reported in: [2007(113)FLR786]; (2007)IIILLJ75All
Amitava Lala, J.1. Since only question of law is involved, by agreement of the parties the appeal is heard on the informal papers. However, for the sake of formality affidavits are exchanged.2. This is an appeal arising out of order dated 20th July, 2006 passed by the learned Civil Judge (Senior Division) sitting as a Judge of the Employees' State Insurance Court. By the impugned order, the application of the appellants for waiver/reduction of the amount of mandatory deposit of 50% of the amount due has been rejected. The amount due was Rs. 4,72,560/- for the period from 04th October, 1994 to December, 1996 with interest and further interest of Rs. 59.84 paise per day with effect from 11th April, 2006 till the date of payment. It has only deposited Rs. 13,307/- vide appropriate bank challan dated 17th August, 1999.3. An appeal shall lie under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'). To understand the scope and ambit of Section 82 of...
Haji Tanvir Ahmad Alias Kala Vs. Nagar Palika Parishad and ors.
Court: Allahabad
Decided on: Mar-14-2007
Reported in: 2007(3)AWC3003
V.C. Misra, J.1. Sri K.L. Grover, senior advocate assisted by Sri Rajesh Singh learned Counsel for the applicant and Sri Mukhtar Alam advocate learned Counsel for the respondents are present. On the Joint request of learned Counsel for the parties, this application is being disposed of finally at the admission stage itself without calling for counter-affidavit in terms of the Rules of Court.2. The facts of the case in brief are that the applicant was granted a licence by the Nagar Palika Parishad, Saharanpur respondents 1 and 2 for transportation and trading of meat from Saharanpur to New Delhi upto the quantity of 60 quintals per day for one year in the year 2001 which was extended from time to time and is valid till 31st March, 2007 due to personal animosity between the brother of the applicant-plaintiff and the present Chairman of Nagar Palika Parishad and on his pressure the aforesaid licence was cancelled vide order dated 13.11.2006 on the ground of alleged complaints against the ...
Pawansut Trading Company Through Its Partner, Sri Vijay Kumar Gupta So ...
Court: Allahabad
Decided on: Mar-13-2007
Reported in: (2007)9VST509(All)
Rajes Kumar, J.1. Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 17.10.2006 relating to the assessment year 2003-04.2. Applicant was carrying on the business of food grains etc. During the period 16.12.2003 to 31.03.2004 applicant had sold paddy for Rs. 1,92,82,753/- to rice miller against Form Ill-B and admitted tax @ 2%. The normal rate of tax on paddy was 4%. Assessing authority rejected the claim of concessional rate of tax against Form III-B and levied the tax (a). 4% on the aforesaid sale. Order of the assessing authority has been upheld in first appeal and by the Tribunal. Tribunal held that under notification No. KA.NI-2-5107/XI-7(159)/91-U.P. Act-15-48-Order (34)-2003, dated 12.12.2003 benefit under Section 4-B was available only to the dealers holding recognition certificate. It has been held that by the aforesaid notification earlier notification No. KA.NI-2-530/XI-7(159)/91 -U.P. Act...
Vijay Singh, Beni Ram and Hukum Singh All Sons of Late Rajaram Vs. Sta ...
Court: Allahabad
Decided on: Mar-13-2007
Reported in: 2007(3)AWC2703
Anjani Kumar and Dilip Gupta, JJ.1. This writ petition has been filed for quashing the notification dated 3rd January, 2007 issued under Section 4(1) of the Land Acquisition Act, 1898 (hereinafter referred to as the 'Act') notifying for general information that the land mentioned in the schedule was needed for a public purpose namely for Hi-Tech Township, Agra. It has further been mentioned in the said notification that the provisions of Section 17(1) of the Act were applicable since the land was urgently required for construction of the aforesaid Township and, therefore, in view of the pressing urgency as well as to eliminate the delay likely to be caused by an inquiry under Section 5A of the Act, the direction under Section 17(4) of the Act was also issued for elimination of the inquiry under Section 5A of the Act.2. We have heard learned Counsel for the petitioners, the learned Standing Counsel appearing for the respondent Nos. 1 and 2 and the learned Counsel appearing for the Agra ...
Smt. Kanteshwari Tiwari Vs. Badri Prasad and ors.
Court: Allahabad
Decided on: Mar-13-2007
Reported in: 2007(2)AWC1057
S.N. Srivastava, J.1. The subject-matter of impugnment before the Apex Court in special leave petition was the order dated 7.10.2004 passed by this Court whereby second appeal was restored to its original number. The order of the Apex Court dated 16.1.2006 is excerpted below:Having heard the learned Counsel for the parties, we are of opinion that the impugned order having not been taken into consideration, the past conduct of the respondent and furthermore not being a speaking order, the High Court should consider the matter afresh, particularly in view of the fact that the second appeal was filed on 1.4.1983, the special leave petition is disposed of with the aforementioned observations.2. The quintessence of the aforesaid order passed by the Supreme Court is that this Court did not reckon with the past conduct of the respondent and further that the order restoring the second appeal was not a speaking order.3. Now the case has come up before this Court by nomination vide order of the ...
Shri Arya Mahila Hitkarini Maha Parishad and ors. Vs. Banaras Hindu Un ...
Court: Allahabad
Decided on: Mar-13-2007
Reported in: 2007(78)AWC2221
Arun Tandon, J.1. Heard learned Counsel for the parties.2. This bunch of writ petition raise a dispute with regard to the elections of the office bearers of the society duly registered in the name and style of Shri Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi as well as in respect of the Committee of Management of the Degree College as well as Intermediate College established by the said society.3. It is not necessary to state the facts leading to these petitions. Suffice is to refer to the judgment of this Court dated 23rd November, 2004 passed in Civil Misc. Writ Petition No. 38238 of 2004 wherein this Court recorded that since 1992 no valid elections of the office bearers of the society have taken place and accordingly directed the Assistant Registrar, Firms, Societies and Chits to hold fresh elections of the office bearers of the society in accordance with the registered bye-laws. For the said purpose the Assistant Registrar was required to finalize the electoral colleg...
Chokrayat Cold Storage Vs. the Commissioner Trade
Court: Allahabad
Decided on: Mar-13-2007
Reported in: (2008)15VST338(All)
Rajes Kumar, J.1. Present revision under Section 11 of U. P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 01.02.2006 relating to assessment year 1997-98 under the Central Sales Tax Act.2. The brief facts of the case are that the applicant was granted registration under Section 7 (2) read with Section 8(3) (b) of the Act for the period 24.05.1997 to 01.09.1997 for processing of Potato, vegetable and fruits and for manufacturing and sales of Ice and was authorized to purchase machinery, machinery spare parts, Compressor, Electrical Motor, Pump Starter, Amoniya Gas, Tools, Iron Pipes, electric goods, iron steel, Hardware, Cement, Wood, Rodi Buderpur etc. During the year under consideration, applicant had purchased machinery for Rs. 7,74,482/-from outside the State of U. P. and issued Form-C in respect thereof. Such machinery were admittedly used in the construction of Cold Storage. Admittedly, during this year, Ice had not been manufactu...
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