Allahabad Court September 2007 Judgments
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Sri Rajendra Kumar Son of Sri Bharat Lal Vs. Sanatan Dharam Intermedia ...
Court: Allahabad
Decided on: Sep-18-2007
Reported in: 2008(1)AWC378
S.U. Khan, J.1. Heard learned Counsel for the petitioner.This writ petition arises out of a suit for eviction filed by the landlord against the tenant-petitioner. In the plaint, plaintiff was described as 'Sanatan Dharam Inter college, Sadar Meerut Cantt. through Secretary Manager Sri Krishna Gopal son of Indra Kumar'. The suit was registered as S.C.C. Suit No. 36 of 2003 Property in dispute consists of three rooms (or one room having three khans/portions), rent of which is Rs. 30/- per month. In the plaint it was stated that as the house in dispute belongs to a recognized educational Institution, hence U.P. Act No. 13 of 1972 is not applicable thereupon. It was also stated that the tenancy was terminated through notice dated 26.12.2002. Notice was sent through ordinary post under postal certificate and through registered post. Notice sent through registered post was returned by the postman with the endorsement dated 3.1.2003 to the effect that defendant did not meet him. However, mean...
Shiva Prasad and Nagendra Both Sons of Sri Haridwar Pandey Vs. Deputy ...
Court: Allahabad
Decided on: Sep-18-2007
Reported in: 2008(2)AWC1663
S.U. Khan, J.1. The point involved in this writ petition is as to whether tenant of mortgagee of agricultural land has been conferred any right under U.P.Z.A. & LR. Act or not. All the three courts below decided the matter against the petitioner by holding that petitioner being tenant of mortgagee of agricultural land has got no right under U.P.Z.A. & L.R. Act.2. Prior to start of consolidation, matter had been agitated in different courts. At the time of notification under Section 4 of U.P. Consolidation of Holdings Act (U.P. C.H. Act), matter was pending before Second Appellate Court, i.e. Board of Revenue. In view of Section 5 of U.P.C.H. Act proceeding abated and thereafter matter was agitated before Consolidation Officer, Gorakhpur. The matter related to plot No. 179 situate in Village Saintal, Tehsil Basgaon, Gorakhpur. Objections were filed by the petitioner. C.O. through the order dated 08.01.1971 contained in Annexure-6 to the writ petition rejected the objections. Against the...
Uttar Pradesh State Road Transport Corporation Through the Regional Ma ...
Court: Allahabad
Decided on: Sep-18-2007
Reported in: [2008(116)FLR109]
Krishna Murari, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against the award dated 2.1.2003 passed by the Presiding Officer, Labour Court, Gorakhpur. Respondent no.1 herein was appointed as conductor in the petitioner-Corporation in the year 1955. On the charges of being absent from the duty unauthorisedly he was placed under suspension on 21.4.1981 and was served with a chargesheet dated 15.5.1981. During the pendency of the disciplinary proceedings he was reinstated in service on 17.7.1982. He was again served with a chargesheet on 8.3.1983. Disciplinary inquiry was conducted and vide order dated 14.8.1984 he was dismissed from service. Respondent no.1 filed a departmental appeal which was also dismissed. Vide order dated 25.6.1992 the dispute was referred for adjudication by the Labour Court. An issue was framed as to whether the disciplinary inquiry conducted by the petitioner was fair and proper. The prescribed authority/Labour Court vide order da...
Ajeet Kumar Seth Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Sep-18-2007
Reported in: (2008)214CTR(All)240
1. This appeal is under Section 260A of the IT Act, 1961, at the instance of the assessee for the relevant year 1982-83.2. An assessment order was passed against the present appellant by the assessing authority by making various additions including a sum of Rs. 76,300 as undisclosed income from undisclosed sources.3. Being aggrieved by the assessment order, the appellant preferred an appeal before the CIT(A). During the pendency of the appeal, before its hearing, the appellant sought to add one ground in the memo of appeal challenging the addition of Rs. 76,300 in his hands.It was submitted by the appellant that the aforesaid amount was added in the hands of his wife by the Department and such addition was confirmed by the Tribunal by the order dt. 9th Sept., 1988. The same amount was wrongly added in his income.Faced with this situation, the assessee appellant filed an application before the CIT(A) for raising an additional ground challenging the addition of the aforesaid amount in hi...
Dinesh Chand Sharma Son of Late Sita Ram Sharma Vs. State of U.P.
Court: Allahabad
Decided on: Sep-18-2007
Reported in: 2008CriLJ1524
M.K. Mittal, J.1. This appeal has been filed by Dinesh Chandra Sharma son of late Sita Ram Sharma, resident of Mohalla Hayat Nagar, P.S. Hayat Nagar, District Moradabad against the Judgment and order dated 20.12.2006 passed by Sri Ashok Kumar, Addl. Sessions Judge, F.T.C. No. 3, Muradabad in S.T. No. 128 of 2006 (Crime No. 726 of 2005) whereby he found the appellant guilty and convicted him under Section 354 IPC and sentenced him to undergo rigorous imprisonment for one and half years.2. Brief facts of the case are that a first information report Ex-ka-1 written by Khan Suhail Azam was lodged by Dil Nawaz father of the prosecutrix at P.S. Hayatnagar, District Moradabad on 12.9.2005 at 1.45 p.m. alleging that his daughter who was a student of Class IV in Shishu Shiksha Niketan, run by accused was asked by the accused on 12.9.2005 at about 1 p.m. when the school closed for the day, to stay back as he wanted her to recite a lesson. When other students and teachers left the school, accused...
Continental Cement Company Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Sep-17-2007
Reported in: (2009)24VST361(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 June 22, 2007 relating to the assessment year 1999-2000.2. The applicant was engaged in the business of manufacture and sales of cement. The assessing authority passed the original assessment order under Section 7 read with Rule 41 on February 28, 2001. It appears that thereafter proceeding under Section 21 of the Act was initiated after the expiry of two years. After giving opportunity of hearing to the applicant, the assessing authority passed the assessment order on June 25, 2004 estimating the suppressed sales. Aggrieved by the order passed under Section 21 of the Act, the applicant filed an appeal before the Joint Commissioner (Appeals), Trade Tax, Saharanpur. The Joint Commissioner (Appeals), Trade Tax, Saharanpur, vide order dated August 2, 2004 allowed the appeal, set aside the order passed under Section 2...
international Steel Traders Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Sep-17-2007
Reported in: (2009)20VST660(All)
Rajes Kumar, J.1. The present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order dated June 13, 2007 for the assessment year 1999-2000 under the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act'). By the aforesaid order, the Tribunal has confirmed the penalty under Section 10A of the Act for the alleged default of Section 10(b) of the Act.2. The brief facts giving rise to the present revision are that the applicant was registered under Section 7 of the Act for iron and steel and entitled to purchase iron and steel at the concessional rate after issuing form C. During the year under consideration, the dealer has purchased spring leaves (motor parts) from outside the State of U.P. for Rs. 3,49,443 and in respect thereof issued form C No. 978299. The assessing authority was of the view that applicant had issued form C for the purchases of spring leaves (motor parts) therefore there was a violation ...
Km. Sumbul Naqvi D/O Shri Intakhab Haider Naqvi Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Sep-14-2007
Reported in: 2008(2)AWC1722
Arun Tandon, J.1. The State of U.P. took a decision on 16.2.2005 to conduct two years Special B.T.C. Training Course (Urdu) for appointment of Assistant Teachers Urdu, against 3000 posts, said to be lying vacant in various institutions situate throughout the State established by the Basic Shiksha Parishad U.P., Allahabad.2. In pursuance to the decision so taken an advertisement was published by various District Authorities inviting applications from the prospective candidates for being enrolled for admission to Special B.T.C. Training Course. The qualifications prescribed for being admitted to the said course, were prescribed as graduate, with Urdu as one of the subjects in Intermediate and High School Examinations or a graduate degree from recognized University established by law In India with High School and Intermediate without Urdu but having passed the said examinations in Urdu as additional subject or any other examination in Urdu declared equivalent thereto. The relevant conditi...
Ramesh Kumar Son of Sri Atma Ram Vs. Administrator (District Magistrat ...
Court: Allahabad
Decided on: Sep-14-2007
Reported in: 2008(1)AWC29
Anjani Kumar and Sabhajeet Yadav, JJ.1. By this petition, the petitioner has sought relief in the nature of writ of certiorari for quashing the communication order dated 27.6.1992 passed by Executive Officer, Nagar Palika, Saharanpur, contained in Annexure-4 of the writ petition, whereby the petitioner was communicated that the District Magistrate/Administrator of Nagar Palika, Saharanpur vide order dated 24.6.1992 has quashed the resolution No. 1818 dated 7.9.1991 in respect of allotment of Tube-well House No. 3 to the petitioner on hire-purchase basis.2. The relief sought in the writ petition rests on fact that the Room of Old Pump House No. 3 situated at Gandhi Park in Saharanpur was initially allotted in the name of the wife of petitioner on 19.11.19M and later on it was allotted in the name of the petitioner on 28.6.1989 on a monthly rent of Rs. 30/- and the petitioner alongwith his family is residing in the said house since 19.11.1984. It is stated that the petitioner is also emp...
Executive Engineer, Vith Construction Division, U.P. Jal Nigam Vs. Pre ...
Court: Allahabad
Decided on: Sep-14-2007
Reported in: 2007(4)AWC4172
S.U. Khan, J.1. Heard Sri V.B. Misra in the first, second and last writ petitions for the petitioner, Sri V.K. Rai learned Counsel for the petitioner in the third writ petition and Sri A.N. Srivastava learned Counsel for the petitioner in the fourth writ petition and Sri S.K. Misra learned Counsel for the workman respondent in the first four writ petitions. In the last writ petition no one has appeared on Behalf of contesting respondent even though the name of his learned Counsel Sri Kushal Kant and Sri Chandeshwar Prasad who had appeared on the admission stage on his behalf were printed in the cause list.2. The common question involved in all these five writ petitions is as to whether Labour Court has got power of review or not. To put it in other words the question of interpretation of Section 6(6) of U.P. 'Industrial Disputes Act is involved. Under the said section Labour Court has got jurisdiction to correct any clerical or arithmetical errors in the awards or the errors arising th...
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