Allahabad Court August 2007 Judgments
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Employees State Insurance Corporation Through Its Regional Director Vs ...
Court: Allahabad
Decided on: Aug-21-2007
Reported in: 2008(2)AWC1676; [2007(115)FLR959]
Tarun Agarwala, J.1. The plaintiff was working as a cashier and committed a misconduct on account of which a chargesheet was issued on the basis of which a domestic enquiry was initiated in which the enquiry officer submitted a report holding that the charges stood proved against the plaintiff. Based on the said report, a show cause notice was issued and thereafter, an order dated 25.3.1970 was passed for the removal of the plaintiff from the service of the Corporation. It transpires that the appellate authority also affirmed the order of removal.2. The plaintiff filed a suit for a declaration praying that a decree for declaration be issued holding that the order of the removal passed by the Regional Director, as affirmed by the appellate order, was illegal and malafide and that the plaintiff continued to be in the service with full back wages. The plaintiff in the alternative also prayed for a decree for damages for wrongful removal from the services. The defendant resisted the suit a...
Durga Prasad Tiwari Vs. Additional District Judge/Special Judge (S.C./ ...
Court: Allahabad
Decided on: Aug-21-2007
Reported in: 2008(1)AWC238
Tarun Agarwala, J. 1. Respondent No. 3 issued a notice dated 10.9.2003 to the petitioner/tenant intimating him that he had purchased the building and the shop in question from the erstwhile landlord and owner vide a registered sale deed dated 9.4.2003 for a sum of Rs. 14 lacs and further intimated him that he intends to carry on a trade or business from the premises in dispute and consequently requested him to make all arrangements for finding an alternate accommodation. This notice was issued in contemplation of the first proviso to Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The said notice was duly received by the petitioner and a reply was also given intimating respondent No. 3 that he was also given a notice from the previous landlord about the sale made by him. On the expiry of the period of three years, the landlord, respondent No. 3, filed an application under Section 21 (1) (a) of the Act fo...
Commissioner of Trade Tax Vs. J.P. Machines Scooter Division
Court: Allahabad
Decided on: Aug-21-2007
Reported in: (2008)14VST405(All)
Vikram Nath, J.1. Heard Sri K.M. Sahai, learned Standing Counsel appearing for the applicant and Sri N.R. Kumar, learned Counsel for the dealer.2. The dispute relates to the assessment year 1994-95. The following questions of law have been sought to be raised by means of this revision:(a) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to allow the exemption on the sale made by the appellant through air force canteen in view of the Notification No. 978 dated March 31, 1994 which contemplates the provisions of the exemption only to sale against the authority of law issued by the U.P. States Employees Welfare Corporation to State Government employees and ex-employees?(b) Whether, on the facts and circumstances of the case, the Trade Tax Tribunal has correctly allowed the exemption on the sale made through air force canteen in view of the Notification No. 978 dated March 31, 1994?3. The dealer is involved in the business of sale and...
Ashish Electronics Vs. Commissioner of Trade Tax and anr.
Court: Allahabad
Decided on: Aug-21-2007
Reported in: (2008)17VST321(All)
Vikram Nath, J.1. The applicant who is a registered dealer established a new industrial unit for manufacturing of blank video cassettes. According to the applicant the unit was established in the financial year 1986-87 and the first sale was effected with effect from January 1/28, 1987. It applied for eligibility certificate Under Section 4A of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act'). The provisions of Section 4A of the Act require the manufacturer to fulfil certain conditions specified therein to be examined by the Divisional Level Committee before issuing eligibility certificate. One of the conditions is that the unit must be established on land either owned by it or taken by it on lease for more than seven years under a registered document. In the present case initially the land on which the unit was situated had been leased out for a period of eleven months pursuant to an unregistered lease deed executed on January 15, 1987. By another deed dated Decembe...
Smt. Shahnaz HussaIn Wife of Late Shri Nasir Hussian Vs. State of U.P. ...
Court: Allahabad
Decided on: Aug-20-2007
Reported in: 2008(227)ELT61(All)
Barkat Ali Zaidi, J.1. A mother and son have challenged by the abovenoted two applications under Section 482 Criminal Procedure Code, the mail taxability of complaint filed by Deputy Commissioner of Customs and Central Excise, Noida against them in the court of Special Judicial Magistrate, Meerut. They are being heard together and Sri Gopal Swaroop Chaturvedi Senior Advocate, assisted by Sri Vinay Saran, advocate, Sri A.K. Nigam, Addl. Solicitor General of India, assisted by Sri S.S. Tiwari and S.K. Mishra, advocates for Central Excise and Sri Pravendra Kumar, learned Addl. Government Advocate for the State have been heard.2. M/s Shahnaz Ayurvedic is manufacturing Ayurvedic Medicines under a drug licence for their two Units situated at Okhla New Delhi and Noida. In the year 1986, M/s Shahnaz Ayurvedic had declared before the Central Excise Department that it was manufacturing Ayurvedic Medicines and no excise duty was leviable thereon, but the Excise Department had issued a show cause ...
Mahant Basant Kumar Giri Vs. Jagrup Giri and anr.
Court: Allahabad
Decided on: Aug-20-2007
Reported in: 2008(1)AWC437
Tarun Agarwala, J.1. The plaintiff filed a suit for a declaration alleging that there is Chandreshwar Nath Math in Ballia which has a lot of properties and temples within and outside the math. The mahant looks after the math and its properties. The last mahant was one Narwadeshwar Giri, who died on 18.9.1964. The plaintiff alleged that the mahantship of the math is given to the chela appointed -by the mahant, as per the customs and according to Hindu Dharmshastra. The plaintiff contended that Narwadeshwar Giri initiated the plaintiff as his chela 37-38 years ago and that a proper ceremony was performed. Since then, the plaintiff was performing the pooja, etc. in the math. On the death of Narwadeshwar Giri, the plaintiff performed the last rites, and thereafter, succeeded as the mahant and started managing the math and its properties. The plaintiff alleged that the defendant No. 1, Ramagya Giri was inimical to the plaintiff and had set up several persons to usurp the property of the mat...
Suresh Chandra Jaiswal Vs. R.S. Jaiswal
Court: Allahabad
Decided on: Aug-20-2007
Reported in: 2008(1)AWC458
Tarun Agarwala, J.1. The applicant purchased Kisan Vikas Patra in various denominations amounting to Rs. 64,000 on 17.1.1997, from the Sub Post Office situate at Kasturba Gandhi Marg, Allahabad. These Kisan Vikas Patra matured after 5-1/2 years valuing at Rs. 1,28,000. The applicant presented the certificates before the Sub Post Office for encashment. The opposite party did not encash the certificates. Consequently, the applicant approached the High Court by filing a writ petition, being Writ Petition No. 20322 of 2004, which was disposed of by a Division Bench of this Court by an order dated 24.5.2004 which is quoted hereinbelow:Heard learned Counsel for the petitioners and Sri M. P. Shukla, learned Counsel for the respondents.After hearing learned Counsel for the parties, we are satisfied with the arguments that this writ petition be disposed of in terms of the judgment and order passed by this Court in Writ Petition No. 20695 of 2001, H. K. Goel and Ors. v. Chief Post Master General...
Commissioner of Trade Tax Vs. Hans Casting Pvt. Ltd.
Court: Allahabad
Decided on: Aug-20-2007
Reported in: (2008)17VST447(All)
Vikram Nath, J.1. Heard learned Standing Counsel for the Commissioner, Trade Tax/applicant.2. The dispute relates to the assessment year 1989-90. The following question of law has been sought to be raised by means of this revision.Whether the Trade Tax Tribunal was legally justified to accept the dealer's taxation declaration, inspite of suppressed sale was detected by the Trade Tax Officer, SIB on the scrutiny of the record of the Central Excise and Custom Department of KanpurThe dealer is a manufacturer of M.S. ingot. The original assessment order with regard to the dealer was passed on March 30, 1994 whereby the account books were accepted and the taxable turnover was determined at Rs. 1,98,210 with a tax liability of Rs. 7,288.40. Subsequent thereto the assessing officer, SIB while looking into the record of the Central Excise Department was of the view that certain turnover of the dealer had escaped assessment and therefore, proceeding under Section 21(2) of the U.P. Trade Tax Act...
Syed Madadgar HusaIn Rizvi Son of Late Syed Abrar HusaIn Rizvi and Tul ...
Court: Allahabad
Decided on: Aug-18-2007
Reported in: 2008(1)AWC446
B.S. Chauhan, J1. The petitioner No. 1, who is the landlord of the land situate at X-9, Civil Station, Sardar Patel Marg, Allahabad and petitioner No. 2, a builder and developer of the building raised on the said site, have approached this Court assailing the order dated 18.05.2007 passed by the Vice Chairman, Allahabad Development Authority, Allahabad (hereinafter called the 'Development Authority') rejecting the application for compounding of unauthorised constructions raised against the sanctioned map/plan over the plot in dispute and issuing a direction to the Zonal Officer under the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter called the 'Act 1973') to take appropriate action against the , petitioners.2. The petitioner No. 1, owner of the aforesaid plot, i.e. X-9, Civil Station, Sardar Patel Marg, Allahabad, entered into a builder's agreement with M/s. -Tulslanf Construction & Developers Limited on 15.06.2004 for construction of a commercial-cum-residential ...
K.S. Negi Son of Late Shri Himmat Singh Negi Vs. Director of Factories ...
Court: Allahabad
Decided on: Aug-18-2007
Reported in: [2008(116)FLR439]; (2008)ILLJ1044All
Prakash Krishna, J.1. By means of the present petition the petitioner who has been working as Welfare Officer in the respondent company (M/s. I.T.C Ltd.) has sought a writ of Mandamus commanding the respondent company not to terminate his services w.e.f. 8th of February, 2007 and has also sought the quashing of the order dated 9th of November, 2006 ( Annexure -1 to the writ petition) with usual reliefs. A writ of Mandamus commanding the respondents No. 1 and 2 to prosecute the officers of the respondents company for acting in breach of the provisions contained in the Welfare Officers Rules has also been claimed.2. The writ petition was heard at the admission stage itself finally. As agreed upon by the learned Counsel for the parlies after exchange of counter and rejoinder affidavits, it is being decided finally.3. The facts of the case in brief are as follows:M/s. ITC Ltd., a company incorporated under Companies Act having Head Quarter at Kolkata, appointed the petitioner as Labour Wel...
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