Allahabad Court April 2007 Judgments
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Oriental Insurance Company Ltd. Vs. Smt. Anju Khare Widow of Late Shre ...
Court: Allahabad
Decided on: Apr-10-2007
Reported in: 2007(3)AWC2746
Amitava Lal, J.1. By the consent of the parties, the appeal is heard on the informal papers.2. It has been argued on behalf of the Insurance Company-appellant that on the fateful day when the accident took place, the vehicle was transferred in favour of the transferee by way of a contract perpetually. The accident If took place on 14th July, 1986. According to the Insurance Company, as per SL the statement of one junior clerk of R.T.O. Office sale letter dated 22nd June, 1986 contained initial and the sale deed date 30th June, 1986 contained full signature/s. However, on examination of the witness i.e. purchaser it appears that he has not purchased the vehicle before the fateful day. He said that it was transferred finally on 24th July, 1986. According to us, in a matter of purchase of any goods, purchaser's evidence is to be construed as best part of the evidence. He is categorical in giving evidence that the seller wanted to sell the vehicle because of the reason that it was inauspic...
Mahant Kunj Behari Sharan Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-10-2007
Reported in: 2007CriLJ3501
ORDERAjai Kumar Singh, J.1. This revision is directed against the order dated 25-7-2005 passed ! by Additional District and Sessions Judge, Court No. 8. Mathura on the application under Section 319 of Criminal Procedure Code of opposite party No. 2/complainant moved in Sessions Trial No. 584 of 2004 (State v. Munesh and Ors.) P. S. Brindavan District Mathura by which the learned Additional Sessions Judge, Mathura summoned the revisionist Kunj Behari Sharan and two others (namely Mukundi and Ram Sewak) under Section 319 of Cr.P.C.2. The brief facts of the case are that, on 11-12-2003 at about 1 p.m. the opposite party No. 2/complainant Harisad Phalahari. Baba lodged a written report at police station Brindavan, District Mathura stating that on 1-12-2003 at about 12.30 in the night some unknown miscreants attacked his Ashram. The opposite party No. 2 went to lodge F.I.R. of the said occurrence at the police station on 4-12-2003 and when about 4 p.m. he reached near Ram Nagar Colony, the ...
U.P. State Electricity Board Vs. the Presiding Officer, Labour Court a ...
Court: Allahabad
Decided on: Apr-10-2007
Reported in: [2007(114)FLR851]
S.U. Khan, J.1. At the time; of arguments no one appeared on behalf of the contesting respondent hence only the arguments of learned Counsel for the petitioner were heard.2. This writ petition is directed against award dated 24.3.1982 given by Presiding Officer, Labour Court U.P., Meerut in Adjudication Case No. 297 of 1978. The matter which was referred to the Labour Court was as to whether termination of services of respondent No. 2 - Abdul Salam with effect from 19.6.1975 by the then employer Nagar Palika, Meerut was valid or not. Before l976 Merrut Municipal Board was also supplying electricity in the city and the said Unit was known as Meeiul Electricity Supply Undertaking. By vitue of U.P. Ordinance No. 37 of 1975 (later on converted into U.P. Act No. 14 ol 1976) the licenses of all the Electricity Supply Undertakings in Uttar Pradesh were revoked with effect from 1.1.1976 and the undertakings were taken over by U.P. Electricity Board. By virtue of Section 6-A added, by the said ...
Vinay Kumar Son of Shri Kundan Lal Vs. State of U.P. and Sanjay Kumar ...
Court: Allahabad
Decided on: Apr-09-2007
Reported in: IV(2007)BC44
Vinod Prasad, J.1. Aggrieved by the order dated 25.4.2005 passed by Additional Sessions Judge, court No. 1, Muzaffarnagar in Criminal Revision No. 146 of 2004, Sanjay Kumar Dixit v. Sugandha Steel and Ors. the revisionist has filed the present revision. By the impugned order dated 25.4.2005 the Lower Revisional Court had allowed the revision filed by Sanjay Kumar Dixit, complainant and had set aside the order dated 5.2.2004 passed by Additional Chief Judicial Magistrate, Ist Muzaffarnagar in Criminal Complaint Case No. 282/9 of 2002. By the order dated 5.2.2004 Additional Chief Judicial Magistrate, Ist Muzaffarnagar has dismissed in default the complaint of Sanjay Kumar Dixit complainant under Section 138 of the N.I. Act. The grievance of the present revisionist Vinay Kumar in the instant revision is that the order passed by the Lower Revisional Court is contrary to the provision of Section 256 Cr. P.C. and therefore, should be set aside. Before examining the said contention of Sri Dha...
R.K. Shukla Son of Late Sri L.P. Shukla Vs. the Appellant Authority, C ...
Court: Allahabad
Decided on: Apr-09-2007
Reported in: 2007(4)AWC4201; [2007(114)FLR648]
1. The petitioner Rajendra Kumar Shukla aggrieved by the order dated 7th July, 1989 passed by the respondent No. 2 imposing punishment of removal from service and order dated 16th February, 1990 passed by respondent No. 1 rejecting his appeal has, tiled tire writ petition under Article 226 of the Constitution of India praying for a writ of certiorari quashing the said impugned orders. He has further prayed for a writ of mandamus commanding the respondents 1 and 2 to treat him in service and pay salary, including arrears of salary for the period of suspension and also to decide his review petition.2. The facts in brief as stated in the writ petition are that petitioner was appointed as clerk in Central Bank of India in 1966 and was promoted as an officer fife in 1978. While working as sub Accountant in the Sachendi Branch of said Bankin district Kanpur the petitioner was given charge of Branch Manager. In the year 1981 due to great efforts and performance of the petitioner, the said bra...
Sushil Kumar Verma Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-09-2007
Reported in: 2007(3)AWC2674
Anjani Kumar and Dilip Gupta, JJ.1. This petition has been filed for quashing the order dated 11th January, 2007 by which the representation filed by the petitioner against the placement of Raj Kumar Pandey respondent No. 5 at Serial No. 1 in the panel prepared by the Dealers Selection Committee for Retail Outlet Dealership for the location Mauza-Zeera Basti, district Ballia under the open category has been rejected.2. An advertisement was published in the newspaper on 20th June, 2004 inviting applications for Retail Outlet for various locations and after scrutinising the application forms submitted by the various candidates, letters were issued to eligible candidates to appear at the interview. The Dealers Selection Committee thereafter prepared a merit panel in which respondent No. 5 was placed at Serial No. 1 while the petitioner was placed at Serial No. 2. The petitioner felt aggrieved by the placement of respondent No. 5 at Serial No. 1 and filed a writ petition in this Court bein...
Prakash Chandra Gautam and ors. Vs. Regional Manager, Central Bank of ...
Court: Allahabad
Decided on: Apr-09-2007
Reported in: [2007(113)FLR861]; (2007)IIILLJ190All
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.This writ petition has been directed by the petitioners against the Award passed by the Central Government Industrial Tribunal/Labour Court, KanpurNagar (respondent No. 2) in I.D. No. 96/1991 published in Government of India Notification dated December 2, 1996 contained in Annexure-1 to the writ petition.2. It is disclosed from the record of the case that all the four petitioners were appointed on the post of Peon-cum-Water boy in the respondent-Bank on temporary basis in the years 1972 If and 1973 vide their respective appointment letters and worked till 1975. It is alleged that though they were appointed till June 29, 1979 and were empanelled in the selection list, but the Regional Manager, Central Bank of India, Regional Office, Agra (respondent No. 1) appointed outsiders on the post of Peon-cum-Waterboy whose names were not in the panel list in the years 1980, 1982 and 1992, The petitioners appear to h...
Commissioner of Income Tax Vs. Sir Shadi Lal Enterprises Ltd.
Court: Allahabad
Decided on: Apr-09-2007
Reported in: (2008)214CTR(All)357; [2009]310ITR283(All)
1. The Tribunal, Delhi, has referred the following questions of law under Section 256(2) of the IT Act, 1961 (hereinafter referred to as the Act) for opinion of this Court:1. Whether the Tribunal was justified in deleting the addition of Rs. 1,52,565 on account of closing stock of Bagasses ?2. Whether the Tribunal was legally justified in restricting the disallowance at 30 per cent out of guest house expenses of Rs. 55,629 ?3. Whether the Tribunal was legally justified in directing the AO to cancel the interest of Rs. 3,64,734 levied under Section 220(2) ?2. The reference relates to the asst. yr. 1986-87.Briefly stated, the facts giving rise to the present reference are as follows:The assessee company is engaged in manufacturing of sugar, country liquor as well as Indian made foreign liquor in its factory at Shamli. On scrutiny of accounts submitted by the assessee for the asst. yr. 1986-87, for which previous year ended on 30th Sept., 1985, the AO noticed that the assessee did not dis...
Commissioner, Trade Tax Vs. Goel India
Court: Allahabad
Decided on: Apr-09-2007
Reported in: (2009)23VST138(All)
Vikram Nath, J.1. This is a revision filed by the Revenue/Department against the order of the Trade Tax Tribunal, Moradabad Bench, dated February 31, 2001 whereby the second appeal of the assessee has been allowed and the assessing authority has been directed to add high speed diesel in the Central Registration Certificate. The assessee deals in the business of manufacturing and sale of brass artwares. The assessee had applied for insertion of generator and diesel in Central Registration Certificate for the purpose of getting these items at concessional rate of tax. The assessing authority and the first appellate authority declined the request of the assessee.2. Aggrieved by the same, it filed a second appeal which has been allowed by the impugned order. The question as to whether use of fuel in running of generator would be covered by Rule 13 of the Central Sales Tax (Registration and Turnover) Rules, 1957 and Section 8(3)(b) of the Central Sales Tax Act, 1956.3. Section 8(3)(b) of th...
Moriroku Ut India Pvt. Ltd. Vs. State of U.P. and ors. Overruled
Court: Allahabad
Decided on: Apr-06-2007
Reported in: (2007)7VST482(All)
B.S. Chauhan, J.1. This writ petition has been filed for quashing the circular dated June, 2003 (annexure 1), issued by the Commissioner, Trade Tax, U. P., restraining respondent No. 3, the assessing authority, from imposing any tax on the child parts supplied by the customer to the petitioner-manufacturer free of cost or on the amortisation cost in respect of moulds and toolings given by the customer for the manufacturing of parts; and for quashing the consequential notices dated November 27, 2003 for the assessment year 2001-02 and dated December 27, 2003 for the assessment year 2003-04, issued by the assessing authority.2. The facts and circumstances giving rise to this case are that the petitioner, a company registered under the Indian Companies Act, 1956, is a manufacturer of plastic automobile components. The petitioner is also manufacturing parts for use in the Honda Car being manufactured in India by Honda Siel Cars India Limited (hereinafter called, 'the customer'), as per the...
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