Allahabad Court September 2007 Judgments
Smt. Sheela Devi W/O Late Sri Bangali Ram and ors. Vs. Additional Dist ...
Court: Allahabad
Decided on: Sep-28-2007
Reported in: 2008(1)ARC298
S.U. Khan, J.1. Heard learned Counsel for the petitioner.2. This is tenants' writ petition. Original landlord Lakshman Das filed suit for eviction against original tenant Bengali Ram in the form of S.C.C. Suit No. 828 of 1984. Property in dispute is staled to be a house containing one room, one kitchen, one tin shed and other amenities Rent is only Rs. 16/- per month. The matter was several times remanded by the revisional court. Once the tenant was also dispossessed. Thereafter possession was restored. Both the original landlord and the original tenant have died and are survived by their legal representatives.3. The first point argued by the learned Counsel for the petitioners is regarding the service of notice. Original tenant Bengali Ram was himself an employee of Postal Department, hence it was almost impossible for any postman to give false report regarding service Notice was served through registered post. There is always presumption of service through registered post.4. Learned ...
Tag this Judgment!Ambika Steels Pvt. Ltd. Through Its Director, Sri Mahinder Pal Gupta S ...
Court: Allahabad
Decided on: Sep-28-2007
Reported in: (2008)12VST390(All)
Prakash Krishna and Bharati Sapru, JJ.1. All the aforesaid writ petitions were heard together and are being disposed off by a common judgment as jointly agreed by the learned Counsel for the parties. A common question of law is involved in all these petitions with regard to the interpretation of words 'turnover of sales' occurring in notification nos. 1093 dated 27th of July, 1991: 780 dated 31st of March, 1995 and 640 dated 21st of February, 1997, all issued under Section 4-A of the U.P. Trade Tax Act (hereinafter referred to as the Act). Legality and validity of the Circular No. 279 dated 6.2.2003 whereby the Commissioner of Trade Tax has clarified the import and scope of notification dated 21.2.1997 has been questioned in all these writ petitions, as also the initiation of reassessment proceedings in pursuance thereof barring the writ petition No. 288 of 2003: M/s. Kajaria Ceramics Ltd. v. State of U.P. and Ors. In this writ petition the challenge is with regard to said circular alo...
Tag this Judgment!Smt. Vidyawati Vs. Lala Ram (D) by L.Rs. and anr.
Court: Allahabad
Decided on: Sep-28-2007
Reported in: 2008(1)AWC276
Tarun Agarwala, J. 1. The plaintiff Smt. Vidyawati filed a suit against Lala Ram and Chhotey Lal for the cancellation of the sale deed executed in favour of Lala Ram in Execution Case No'. 3 of 1976 arising out of Original Suit No. 57 of 1972 with regard to plot No. 218 having an area of 8.14 acres. The ground alleged by the plaintiff was that she was a bona fide purchaser for value which she had purchased from defendant No. 2, Chhotey Lal on the basis of three sale deeds dated 31.10.1975, 20.4.1976 and 23.2.1977 and that her name was mutated in the revenue records. The plaintiff alleged that the defendant had knowledge about the execution of the sale deeds in her favour inspite of which he had concealed this fact and, in collusion with the defendant No. 2, fraudulently got the sale deed executed in execution proceedings. The plaintiff alleged that upon coming to know of the sale made by the defendants in execution proceedings, she had filed the present suit for the cancellation of the...
Tag this Judgment!Ramzan and ors. Vs. Smt. Gafooran and ors.
Court: Allahabad
Decided on: Sep-28-2007
Reported in: AIR2008All37; 2008(1)AWC284
Prakash Krishna, J.1. This is plaintiffs' appeal and it arises out of a partition suit No. 32 of 1976 filed by the present appellants claiming 2/3rd share in the three houses detailed in Schedules A, B and C of the plaint. The suit having been decreed with respect to the property detailed in Schedules B and C and dismissed with respect to the property described in Schedule A, the plaintiffs have come up in the present appeal. The defendants have not filed any appeal and, therefore, the dispute is confined to the property described in Schedule A which is a house with open piece of land and a latrine.2. The suit was instituted on the pleas that one Khaira was common ancestor of the plaintiffs and defendants No. 1,8 and 9. After his death, the property was inherited by his widow Smt. Guriha. On the death of Smt. Guriha, the property was inherited by her two daughters and one son, namely, Mst. Tazia alias Zainab and Mst. Nuria and son Husain. All these persons came in joint possession of t...
Tag this Judgment!Ram Nayan Singh, Clerk, Bhagwan Parashuram Dham Uchchatar Madhyamik Vi ...
Court: Allahabad
Decided on: Sep-27-2007
Reported in: 2007(4)AWC4182
H.L. Gokhale, C.J.1. Heard Mr. O.P. Singh Sikarwar in support of this appeal, Mr. T.N. Tiwari for respondent No. 3, Mr. Raj Kumar Jain assisted by Mr. Rahul Jain for respondent No. 4 and Mr. Avinav Upadhyay, learned Standing Counsel for the State. 2. The appellant herein claims to have been working in a High School (here-in-after shall be referred to as 'institution') since 2nd July, 1979. The said institution was upgraded to the position of High School in the year 1981 and was recognised on 8th February, 1982. The appellant has been adjusted in a clerical capacity by the order passed by the District Inspector of Schools concerned dated 8th February, 1982. 3. This very order was challenged by another fellow employee, who is the respondent No. 4 herein by means of writ petition No. 41371 of 1999 before this Court. That writ petition was heard by learned single Judge. He held that the order dated 8th February, 1982 adjusting the appellant herein on the post of clerk in the said instituti...
Tag this Judgment!Sanaual Haque S/O IslamuddIn Vs. State of U.P. and Smt. Ibrat Jahan Wi ...
Court: Allahabad
Decided on: Sep-27-2007
Reported in: 2008CriLJ1998
Ravindra Singh, J.1. This criminal revision has been filed by Sanaul Haque with a prayer to quash the order dated 5.5.2007 passed by the learned Additional C.J.M. Court No. 1 Bijnor whereby the learned C.J.M. has passed the judicial remand under Section 326 I.P.C. also in case Crime No. 425 of 2007 P.S. Nethor district Bijnor.2. The facts of the case in brief are that in the present case the F.I.R. has been registered against the revisionist and three other co-accused persons on 25.4.2007 at 2.10 p.m. in case crime No. 425 of 2007 under Sections 452, 326, 323, 504, 506 I.P.C. P.S. Nathor district Bijnor. During investigation the I.O. of this case prayed for granting judicial remand for the offence punishable under Sections 325, 323, 504 and 506 I.P.C, but the same was opposed by the prosecution and the first informant of this case by submitting that in the present case, F.I.R. has been registered under Sections 326 I.P.C. also and on the basis of medical examination report, tooth of th...
Tag this Judgment!Balbir Singh Son of Late Sri Lakhraj Singh Vs. Chairman/Managing Direc ...
Court: Allahabad
Decided on: Sep-27-2007
Reported in: [2008(116)FLR228]; (2008)IILLJ53All
Amitava Lala, J.1. This Writ Petition has been made by the petitioner for the purpose of commanding the respondents to accept the application of the petitioner dated 6.1.1996 opting the pension scheme under the Office Memorandum dated 1.1.1996 and fix pension with effect from 1.1.2001 and other retiral benefits and also interest thereon.2. Before coming to this Court under this Writ Petition, in the earlier occasion the petitioner filed a Writ Petition being Writ Petition No. 41907 of 2001 Balbir Singh v. Chairman/Managing Director, Bank of India and Ors. wherein under an order dated 8.5.2002, a Division Bench of this Court directed to consider the representation of the petitioner dated 17.3.2001 expeditiously preferably within six weeks from the date of presentation of a certified copy of the said order.The order impugned herein is the rejection of the representation of the writ petitioner disallowing the acceptance of the option saying that the same was received out of time.3. From t...
Tag this Judgment!Commissioner, Trade Tax Vs. Singrauli Super thermal Power Project
Court: Allahabad
Decided on: Sep-27-2007
Reported in: (2008)14VST287(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 January 22, 2003 relating to the assessment year 1985-86.2. Brief facts of the case are that the opposite party is a Government under taking, purchased plant and machinery prior to September 13, 1985 and the same had been installed and used in the generation of electricity after September 13, 1985 and claimed that they were used in the year 1987. The aforesaid plant and machinery were purchased against form HID. The assessing authority raised the demand under Section 3G(3) of the Act on the ground that the plant and machinery had been purchased prior to September 13,1985 and had been used in the generation of the electricity and the provisions of Section 3G(1) of the Act were not applicable in view of Section 3G(2) of the Act, which says that the provisions of Sub-section (1) shall not apply to the sale of any goods w...
Tag this Judgment!Castrol India Limited Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Sep-27-2007
Reported in: (2009)20VST295(All)
Rajes Kumar, J.1. Present eight revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') are directed against the order of the Tribunal dated June 20, 2007 for the assessment years 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96 and 1996-97. Trade Tax Revision No. 1221 of 2007 for the assessment year 1993-94 is under Section 22 of the Act.2. The brief facts of the case are that the applicant is a limited company having its registered office at Mumbai and the branch office in the State of U.P. at Agra. The applicant was carrying on the business of manufacturing and sales of lubricants and grease. It appears that the applicant at the end of the financial years allowed certain amounts towards sale promotion to its customer and during the course of the assessment proceeding such amounts were deducted from the total taxable turnover. The claim of the applicant was that the nature of the payment was of discount. The assessing authority has disal...
Tag this Judgment!Dinesh Kumar Singh S/O Hira Lal Singh Vs. State of U.P. Through Secret ...
Court: Allahabad
Decided on: Sep-26-2007
Reported in: [2008(116)FLR101]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. It appears from the record that an advertisement dated 14.7.2007 was published in Newspaper 'Vividh Rojgar Darshan' from the office of the Director, Bal Vikas Sewa Evam Pushtahar, Lucknow inviting application form from the eligible candidates for filling up the posts of Kanishtha Lipik etc. One of the general condition relevant for sending the applications form and specifying last date and time for the aforesaid posts provided in the advertisement is as under:1- vkosnu i= funs'kd cky fodkl iq'Vkgkj 23&v;'kksd ekxZ] bafnjk Hkou] r`rh; ry] y[ku ds irs ij iathd`r LihM iksLV Mkd vFkok d{k la[;k 310 es lh/ks dk;kZy; v/kh{kd }kjk izkIr fd;k tk;sxk A vkosnu i= izkIr djus dh vafre frfFk 14 vxLr 2007 lk;a 5-00 cts rd A bl frfFk ds ckn izkIr vkosnu Ik=ks dks Lohdkj ugh fd;k tk;sxk A foyEc lsa vFkok fdlh vU; ek/;e ls izkIr vkosnu i= Lohdkj ugh gksxs A fdlh Hkh izdkj ds iksLVy foyEc ds fy, foHkkx mRrjnk;h ugh gksxk A3. The...
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