Allahabad Court September 2007 Judgments
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Sadhna Misra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-25-2007
Reported in: [2008(116)FLR868]
U.K. Dhaon and Devi Prasad Singh, JJ.1. Heard Sri Sudeep Seth, learned Counsel for the petitioner and the learned Standing Counsel.The petitioner has filed instant writ petition against the order dated 12.2,2004 passed by the Director, Higher Education, U.P. Allahabad by which the petitioner has been denied the revised pay-scale of Rs. 8000-13500/- in accordance with the Government Order dated 26.12.1998.2. The brief facts of the case are that the petitioner was appointed on the post of Deputy Librarian by the order dated 29.11.1996 in the pay-scale of Rs. 2200-4000. The petitioner has alleged that on 29.2.1996 a Government Order was issued by which the pay-scales recommended by U.G.C. to the post of Librarian/Deputy Librarian/Assistant Librarian were sanctioned by the State Government.3. Learned Counsel for the petitioner submits that on 10.7.1998 the State Government issued a Government Order by which the pay-scale sanctioned to the Deputy Librarian working in the colleges was revise...
Commissioner of Wealth Tax Vs. Smt. Shakuntala Devi Dalmia
Court: Allahabad
Decided on: Sep-24-2007
Reported in: (2007)212CTR(All)378
Bharati Sapru, J.1. Heard Sri Shambhu Chopra appearing on behalf of the Department and Sri S.D. Singh appearing on behalf of assessee.2. The present wealth-tax appeal has been filed under Section 27A of the WT Act, 1957 against the order dt. 28th May, 1999, passed by Tribunal, Allahabad Bench, Allahabad in WTA No. 110/All/1996 for the asst. yr. 1989-90.3. The relief sought in the present appeal is that the order dt. 28th May, 1999, passed by the Tribunal Allahabad in the WTA No. 110 of 1996 for the asst. yr. 1989-90 in the case of WTO v. Smt. Shakuntala Devi Dalmia, Kanpur, be set aside and the impugned order of penalty made against the assessee under Section 18(l)(c) imposed by the WTO's order dt. 23rd March, 1993 be restored.4. The following two substantial questions of law have been called for in the present case:1. Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that neither Expln. 2 nor Expln. 4 to Section 18(l)(c) of the WT Ac...
Hari Om S/O Sri Upendra Nath Tripathi Vs. Hakim Singh S/O Late Sri Jug ...
Court: Allahabad
Decided on: Sep-24-2007
Reported in: 2007(4)AWC4185
Pankaj Mithal, J.1. This is an appeal under Rule 49(1) of the U.P. Kshettra Samities (Election of Prakukhs and Up-Prarnukhs and Settlement of Election Disputes) Rules, 1962 (for short, the Rules) framed under the U.P. Kshettra Samities Zila Parishads Adhiniyam, 1961 (for short, the Act)2. The election to the post of Pramukh of Kshettra Panchayat, Rajpur, Tehsil Sikndra, District Kanpur Dehat were notified and were held in the month of February 2006.3. In the said elections, only three nominations for the post of Pramukh were received. One of the candidates withdrew his nomination. Therefore, the appellant Hari Om and the respondent Hakim Singh alone remained in the frey.4. The polling took place on 27.2.2006. There were only 55 voters and all of them voted.5. The counting also took place on the same evening. Of the 55 votes cast, one ballot paper was rejected as invalid by the returning officer. Therefore, only 54 ballot papers remained for counting. Out of the 54 valid votes both the ...
Pankaj Srivastava Son of Sri Satish Chandra Srivastava Vs. High Court ...
Court: Allahabad
Decided on: Sep-24-2007
Reported in: [2008(116)FLR69]
Rakesh Tiwari, J.1. Heard Sri Ravi Kant assisted by Sri Samiran Chatterji, Sri Amit Sthalekar for respondent Nos. 1 and 3 and Standing Counsel for respondent No. 2. Respondent Nos. 4 to 8 are private respondents who are not represented at this stage of admission of the writ petition.2. The petitioner appears to have been appointed on 29.8.2002 as class IV employee on adhoc basis by the District Judge, Allahabad. On creation of Kaushambi a new district culled out from part of Allahabad district, petitioner was attached temporary to the Court of the ADJ at Kaushambi. He joined at Kaushambi on 17.9.2003.3. It further appears that the District Judge, Kaushambi advertised certain posts vide advertisement dated 4.6.2007 appended as annexure No. 3 to the writ petition for direct recruitment of employees in the judgeship. The petitioner participated in the selection proceedings but was not selected, hence by impugned order he was informed as regular selections have already been made and he was...
Commissioner, Trade Tax Vs. Girja Shanker Rice Oil and Flour Mill
Court: Allahabad
Decided on: Sep-24-2007
Reported in: (2008)16VST218(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 the Tribunal dated January 7, 2003 relating to the assessment year, 1990-91.2. The dealer/opposite party (hereinafter referred to as 'the dealer') was carrying on the business of manufacture and sale of rice, oil, etc., and was also carrying on the business of foodgrain, oil-seed, etc.3. During the year under consideration, dealer had made purchases of rice bran for Rs. 70,220.50 and mustard khali for Rs. 2,56,476. The assessing authority rejected the books of account on the basis of the seized documents found at the time of survey dated May 30, 1990 and estimated the turnover by way of best judgment assessment at Rs. 1,65,45,539. The assessing authority levied the tax on the purchases of rice bran and mustard khali treating the dealer as first purchaser. Being aggrieved by the order of the assessing authority, dealer filed appeal b...
Rishabh Raj Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-2007
Reported in: [2008(116)FLR115]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties.Heard learned Counsel for the petitioner died on 18.5.2001 in Harness while working on the post of Deputy Inspector General Karagar, Allahabad.2. The mother of the petitioner moved an application dated 4.7.2001 before the respondent No. 2 requesting to reserve a post for compassionate appointment for her son, who is a minor at that time.Pursuant to the application dated 4.7.2001, the Additional Director Genera) (Administrative), Karagar, Prashasan Avam Sudhar Sevayen, Uttar Pradesh, by means of letter dated 28th July, 2001 asking to the mother of the petitioner about her qualification and about the post for which she was intending to apply. Mother of the petitioner did not submit any claim or request for appointment on compassionate ground and according to the petitioner she decided to look after her family or whatever financial resources were available.3. On 21.2.2006, the mother of the petitioner by a letter dated 28th July, 2...
The New India Assurance Company Limited Through Its Branch Manager Vs. ...
Court: Allahabad
Decided on: Sep-21-2007
Reported in: AIR2008All46; 2008(1)AWC193
Amitava Lala, J.1. This is an appeal of the insurance company from a judgment and award of compensation dated 04th May, 2007 passed by the concerned Motor Accidents Claims Tribunal, Muzaffarnagar, U.P. for a sum of Rs. 1,52,000/- along with interest on account of death of a child aged about 8 years in a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called as 'Act'). The application of the insurance company under Section 170 of the Act was allowed by the Tribunal saying that the vehicle owner did not contest the proceeding. Therefore, the order is reasoned order as per ratio of the judgment and order dated 1st August, 2007 in First Appeal From Order No. 2087 of 2007 United India Insurance Co. Ltd. v. Krishna Kumar and Ors. following the ratio of : AIR2003SC3127 United India Insurance Co. Ltd. v. Jyotsnaben Sudhirbhai Patel and Ors. According to the learned Counsel appearing for the appellant, the quantum of compensation granted by the tribunal is in the h...
Louis Paiva Vs. Nagar Palika Parishad and anr.
Court: Allahabad
Decided on: Sep-21-2007
Reported in: 2007(4)AWC4169
Ashok Bhushan, J.1. Heard Sri M. K. Gupta, counsel for the petitioner and Sri C.K. Parekh appearing for the respondent No. 1. Learned Counsel for the petitioner submits that the respondent Nos. 2 and 3 are only proforma respondents and no notices need be issued to them. Learned Counsel for the parties have agreed that the writ petition be disposed of finally without inviting counter-affidavit.2. By this writ petition the petitioner has prayed for quashing the order dated 23.8.2007, passed by the Additional District Judge by which the affidavit filed by the petitioner annexing certain Government orders and other papers have been refused to be accepted.3. Brief facts necessary for deciding the writ petition are:The proceedings under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter to be referred as the Act, 1972) were initiated against the petitioner and by an order dated 23.8.2007 the petitioner was directed to be evicted before the property in questi...
Munna Lal S/O Sri Ghasitey Lal Vs. Devendra Bahadur Singh Chandel S/O ...
Court: Allahabad
Decided on: Sep-20-2007
Reported in: 2007(4)AWC4180
B.S. Chauhan and Arun Tandon, JJ.1. This Special Appeal is directed against the judgment and order of the Hon'ble Single Judge dated 29.8.2007 passed in Civil Misc. Writ Petition No. 31509 of 2002. The facts giving rise to the present Special Appeal are:Baghpur Inter College, Baghpur, District Kanpur Dehat is an institution aided and recognized under the provisions of the Intermediate Education Act. A vacancy of a Class-3 post was caused in the institution due to death of the father of Devendra Bahadur Singh Chandel (the petitioner). In accordance with the Regulation 101 to 107 of Chapter III of the regulations framed under the Intermediate Education Act, the petitioner made an application for compassionate appointment. The application was processed and was ultimately allowed on 06.12.2001. The petitioner was appointed as Class-3 employee in the institution. Since the petitioner was not paid his salary w.e.f. January, 2002, he approached this Court by means of Writ Petition No. 20787 o...
Rajvir Singh Son of Sri Jabar Singh Vs. the State of U.P. Through the ...
Court: Allahabad
Decided on: Sep-20-2007
Reported in: [2008(116)FLR522]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner, the Standing counsel for the respondents and perused the record.2. An advertisement was published in 'Vividh Rozgar Carbhan' on 30.7.2007 for filling up the vacancies with regard to the post or Telegraphic Peon/Mate. The age of the candidates provided in the aforesaid advertisement was between 18 to 32 years.3. The contention of the counsel for the petitioner is that the petitioner has already worked in the department for about 8 months arid further that by Government Order dated 21st January, 2000 the Governor of Uttar Pradesh in exercise of his power under Article 309 or the Constitution of India has been pleased to enhance the maximum age limit for recruitment on the post of Class IV from 32 to 35 years.4. The G.O. dated 21st January, 2000 is as Under:18% egRoiw.kZ 'kklukns'kfu;qfDr;ksX;rk,WmRRrj izns'k ljdkj 18@2@81&dk;&2@2000 rn~fnukad y[ku fnukad 21 tuojh] 2000dkfeZd vuqHkkx vf/klwpuklafo/kku ds vuqPNsn 309 ds ijUrqd d...
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