Allahabad Court August 2007 Judgments
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Ambica Steels Limited Through Its Director Shri Mahender Pal Gupta S/O ...
Court: Allahabad
Decided on: Aug-17-2007
Reported in: (2008)12VST216(All)
R.K. Agrawal, J.1. In all these writ petitions, the petitioners have challenged the circular letter dated 28.11.2005 issued by the Commissioner of Trade Tax, U.P., Lucknow, wherein it has been mentioned that, under Section 6A of the Central Sales Tax, 1956 (hereinafter referred to as 'the Central Act'), Form F is required to be filed in respect of all transfer of goods which are otherwise than by-way of sale and also applies to all goods sent or received for job work or goods returned.2. As all these petitions do not involve adjudication of any facts but raise a common question of law, i.e., interpretation of the provisions of Section 6A of the Central Act, they have been heard together and are being decided at the admission stage itself.3. Civil Misc. Writ Petition No. 302 of 2007 is being treated as a leading petition and its facts are given below:The petitioner is a public limited company and is engaged in the business of manufacture and sale of iron billets and ingots. It is also e...
State of U.P./District Judge Vs. Arun Kumar Yadava Son of Sri Ram Auta ...
Court: Allahabad
Decided on: Aug-17-2007
Reported in: 2008CriLJ117
Imtiyaz Murtaza, J.1. This reference has come up before this Court for taking proceedings under the Contempt of Courts Act on the basis of a letter dated 5.9.2005 of Shri Abdul Qayum, Civil Judge (Junior Division)/Judicial Magistrate, Khaga, Fatehpur. The District Judge, Fatehpur forwarded the said report to this Court on 12.9.2005. The letter of Shri Abdul Qayum, Civil Judge(Junior Division/Judicial Magistrate, Khaga, Fatehpur reads as follows:izs'kd]vCnqy D;we]flfoy tt tw0fM0 U;k0 eft0[kkxk] tuin Qrsgiqj Alsok esa]eku~uh; egkfucU/kd egksn;]eku~uh; mPp U;k;ky;]bykgcknA}kjk%& Jheku tuin U;k;k/kh'k egksn;]Qrsgiqj Afo'k;%& U;k;ky; dh voekuuk dh dk;Zokgh fd;s tkus ds lEcU/k es ;kpuk Aegksn;] llEeku fouez fuosnu gS fd vkt fnukad 5-9-2005 dks vfHk;qDr pUnziky mQZ csnnkZ iq= Jh eFkqjk dh vksj ls vUrZxr /kkjk& 364] 302] 201] 342] 348] vkbZ0 ih0 lh0 o 325 ,l0 lh0@,l0 Vh0 ,sDV Fkkuk /kkrk vkRelEkZi.k izkFkZuki= vf/koDrk Jh v:.k dqekj ;kno us esjs U;k;ky; es izLrqr fd;k A blls iwoZ esjs vkns'k f...
Ashok Kumar Dixit Son of Bal Mukund Dixit Vs. Secretary/General Manage ...
Court: Allahabad
Decided on: Aug-17-2007
Reported in: 2008(1)AWC720; [2007(115)FLR202]
Vineet Saran, J.1. Heard Sri S.N. Dubey, learned Counsel for the petitioner as well as Sri S.K. Rai, learned Counsel appearing for the respondents and have perused the record.2. The petitioner was Class a IV employee of the respondent-Bank. The admitted facts are that after holding a preliminary enquiry, on certain charges the petitioner was placed under suspension by order dated 21.3.1995. Thereafter he was served with a chargesheet on 13.5.1996. The petitioner thereafter applied for supply of certain documents for giving reply to the charge sheet and, as stated by the petitioner, he even deposited the requisite amount of Rs. 51/- but he was never supplied such documents. The petitioner, thus, did not submit his reply to the charge sheet. The respondent-Bank thereafter passed a resolution on 11.2.1998 for terminating the services of the petitioner and sent the same for approval. Thereafter by order dated 27.5.1998 passed, by the Secretary/General Manager, Zila Sahkari Bank, Kanpur, re...
State of U.P. Vs. Deepak Poddar S/O Dinesh Poddar,
Court: Allahabad
Decided on: Aug-17-2007
Reported in: I(2008)DMC61
R.C. Deepak, J.1. The State of U.P. after the grant to leave has filed this government appeal against the judgment and order dated 5.6.1999 passed by Sri Vinod Kumar, learned Additional Sessions Judge, Agra in Sessions Trial No. 52 of 1994 under Sections 498A, 304B IPC, Police Station Acchnera, District Agra whereby he acquitted the accused respondents Deepak Poddar, Smt. Padma Poddar and Dinesh Poddar.2. According to the first information report, Kanika was the sister of Asim Sarkar resident of 52/81 A, Barakhamba, Police Station Shahganj, District Agra. She was married to Deepak Poddar resident of Kasba Kerawali, Police Station Acchnera, District Agra. It is alleged that she was harassed and beaten for scooter and fridge in dowry by her in-laws just after the solemnization of marriage, that on 24.9.1991, the accused Deepak Poddar and Smt. Padma Poddar burnt her to death. Asim Sarkar the brother of the deceased, lodged the first information report (Ext. Ka-4) registered as case crime ...
Bhujarat Yadav (D) Through L.Rs. and ors. Vs. Union of India (Uoi) and ...
Court: Allahabad
Decided on: Aug-17-2007
Reported in: 2007(4)AWC3467
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are challenging the impugned notices issued by the respondent No. 5 whereby the licence fee of vending/catering sale at different stations in the North Eastern Railway has been enhanced from 5 to 45 times.2. The claim of the petitioners are that they are holding the vending licence for the sale of eatables at the Railway Station. Their licences have been renewed from time to time. It is also claimed that during the subsistence of such licence, the respondent has increased the licence fee from the date of the notice for the subsequent period arbitrary ranging from 5 time to 45 times. According to the petitioners such increase is wholly arbitrary and unreasonable and fixed without hearing the petitioners without making any proper exercise.3. The claim of the respondent is that under the licence, they have a right to enhance the licence fee during the subsistence of the ...
Sri Bhupender Singh Son of Shanti Swarup Vs. the State of U.P.,
Court: Allahabad
Decided on: Aug-17-2007
Reported in: 2008(1)AWC214
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Ceiling proceedings were initiated and finalised against petitioner's father Shanti Swaroop and it was held that Sri Shanti Swaroop did not posses any surplus land. An area of 16 Bigha 15 Biswancy land comprised in plot No. 762 to 772' belonging to the petitioner's father was held to be grove land. Thereafter, father of the petitioner died and half of the agricultural land held by petitioner's father was inherited by the petitioner. (Rest half was inherited by the other brother of the petitioner). Petitioner apart from inherited land of his father had some other agricultural land also. The State was of the opinion that the agricultural land already held by the petitioner and the agricultural land inherited by him from his father taken together exceeded the ceiling limit under U.P. Imposition of Ceiling on Land Holdings Act, 1960. Accordingly notice under Section 10(2; of the Act was issued to the petitioner. Prescribed authority,...
National Overseas and anr. Vs. Export Credit Guarantee Corpn. of India ...
Court: Allahabad
Decided on: Aug-17-2007
Reported in: AIR2008All18
Rajes Kumar, J.1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs.(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned letters dated 22-9-2004 and 8-8-2001, the true copies of which are contained as Annexure Nos. 29 and 5 respectively to the writ petition.(b) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the claim of the petitioners in view of the claim form submitted by them, the true copy of which is contained as Annexure No. 25 to the writ petition as per the valid policy, the true copy of which is contained as Annexure No. 1 to the writ petition.(c) To allow the writ petition with cost of this writ petition in favour of the petitioners.(d) To issue any other writ, order or direction in the nature and manner which this Hon'ble Court may deem fit and proper in the circumstances of the case.2. The facts gi...
Jamil Ahmad Vs. Sayeed Ahmad and ors.
Court: Allahabad
Decided on: Aug-17-2007
Reported in: 2008(1)AWC736
Tarun Agarwala, J.1. The plaintiff filed a suit for specific performance of the agreements dated 27.12.1972 and 18.7.1973 against the defendant No. 1. It was alleged that in the first agreement it was agreed, that the total sale consideration would be for a sum of Rs. 2,550 for plot No. 2684. It was also contended that if the defendant failed to execute a sale deed for plot No 2684, in that event, the defendant would execute the sale-deed for plot No. 2668 and , in case the sale-deed was not executed, then the defendant would return double the amount by way of damages. At the time of this agreement, a sum of Rs. 500 was paid in advance. Subsequently, by another document dated 15.5.1973, a further sum of Rs. 300 was paid to the defendant and, by another document dated 15.4.1974, Rs. 1.500 was paid. In view of the said payments only a sum of Rs. 250 remained in balance. in the receipt dated 15.7.1974, It was stated that the possession of the said plot was being handed over to the plainti...
Anil Kumar Yadav S/O J.P. Yadav Vs. State of U.P. Through Its Secretar ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: 2008(1)AWC456; [2007(115)FLR521]; (2008)ILLJ335All
Arun Tandon, J.1. Heard learned Counsel for the parties.2. Counsel for the parties agree that the writ petition may be finally disposed at this stage without calling for a counter affidavit specifically in view of the order proposed to be passed today3. Petitioner Anil Kumar Yadav made three applications under the provisions of Payment of Wages Act alleging therein that the employers M/s. Imperial Cinema have not made payment of wages for the period mentioned in the applications. The applications were numbered as PWA-1 of 1995, PWA-2 of 1995 and PWA-3 of 1995. The Prescribed Authority under the Act vide order dated 15.7.2003 held that the applications made were liable to be allowed and, therefore, directed payment of withheld wages along with interest thereon and penalty4. Against this order of the Prescribed Authority, the employers M/s. Imperial Cinema filed an Appeal under Section 17 of the Payment of the Wages Act. The Additional District Judge, Moradabad/Appellate Authority fonder...
Srinivash Sharma S/O Sri Ganga Prasad Sharma Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Aug-16-2007
Reported in: [2007(115)FLR383]
Ashok Bhushan, J.1. These two writ petitions raising common questions of law and facts have been heard together and as agreed by learned Counsel for the parties, are being decided by this common judgment.2. Heard Sri R.C. Dwivedi, learned Advocate appearing for Srinivash Sharma, the petitioner in the first writ petition and Sri Manu Yadav, learned Advocate, appearing for Sunil Kumar, the petitioner in the second writ petition. Sri A.K. Malviya appeared for contesting respondent Rajendra Tewari in both the writ petitions and Sri R.K. Srivastava has been heard on behalf of Basic Shiksha Parishad and Basic Shiksha Adhikari.3. A short counter affidavit has been filed on behalf of contesting respondent. Sri R.K. Srivastava, after obtaining instructions from Basic Shiksha Parishad and Basic Shiksha Adhikari has submitted the relevant Government Orders regulating the field.4. The brief facts of the case for deciding both the writ petitions are that one Maheshwari Shukla, who was working as bl...
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