Allahabad Court September 2007 Judgments
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Kailash Chandra Tiwari Son of Late K.D. Tiwari, Head Clerk Under Sr. D ...
Court: Allahabad
Decided on: Sep-14-2007
Reported in: [2007(115)FLR693]; (2008)IILLJ447All
D.P. Singh, J.1. (Heard counsel for the petitioner and Sri Govind Saran for the contesting respondent.2. The petitioner was employed as a clerk in the respondent Railway Establishment and was posted as Head Clerk within the jurisdiction of the Divisional Railway Manager, Allahabad in the Electrical Department when he was transferred on 20.8.1981 to the office of Senior Foreman (Train Lighting) in Allahabad itself. He did not join at the transferred place but made an application for medical leave which was not granted. He remained absent from duty till 8.10.1984 when he was able to get his posting in the Electrical Department on the interference of a Member of Parliament and thus joined on 9.10.1984. He claimed wages for the period of his aforesaid absence which was denied by the Railway Establishment and, thus, he preferred an application under Section 15 (2) of the Payment of Wages Act, 1936 before the Prescribed Authority (here-in-after referred to as the Act). After pleadings were e...
Commissioner, Trade Tax Vs. Nand Transport Co.
Court: Allahabad
Decided on: Sep-14-2007
Reported in: (2008)16VST381(All)
Rajes Kumar, J.1. These four 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 August 3, 1999 relating to the assessment years 1990-91, 1991-92, 1992-93 and 1993-94.2. Opposite party is a transport company and engaged in transporting the goods of various parties from one place to another. Opposite party owns some tankers. It appears that during the years under consideration, opposite party entered into an agreement with Indian Oil Corporation for the transportation of petroleum products from one place to another and received transportation charges. The assessing authority levied the tax on the transportation charges on the ground that the tankers were provided on hire to Indian Oil Corporation for the transportation of the petroleum products. Thus, there was transfer of right to use the tankers and, therefore, such charges were held liable to tax under Section 3F of the Act. Being aggri...
National Insurance Company through Its' Assistant Manager Vs. Bankey B ...
Court: Allahabad
Decided on: Sep-13-2007
Reported in: 2008ACJ1934; 2008(1)AWC201
Amitava Lala, J.1. This appeal has been preferred by the appellant-insurance Company against a judgment and award passed by the learned Judge, Motor Accidents Claims Tribunal, Gorakhpur on 20th April, 2000, under a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act', 1988). Against the same judgment and award cross objection No. 121257 of 2002 has also been filed. Therefore, both are being decided by this common judgment.2. The deceased died in a road accident at Nepal on 13th August, 1992. He was unmarried at that time. He left behind his parents and brother. A claim petition was filed by his parents before the Tribunal at Gorakhpur in 1995. The claim petition became successful. A sum of Rs. 7,70,000/- was awarded by the Tribunal in favour of the claimants. Liability of the owner and Insurance Company for payment of compensation was made joint and several. Award of interest was also allowed at the rate of 12% per annum from the ...
U.P. State Road Transport Corporation Vs. Sakina Bano and ors.
Court: Allahabad
Decided on: Sep-13-2007
Reported in: 2009ACJ717
Sanjay Misra and Alok K. Singh, JJ.1. We have heard Mr. Akhtar Abbas, learned Counsel for the appellant and Mr. Rajendra Jaiswal, the learned Counsel appearing on behalf of claimants-respondents.2. This first appeal is filed against the judgment and award dated 19.3.2005, passed by Motor Accidents Claims Tribunal, Lucknow in Motor Vehicles Claim No. 176 of 2000 (Sakina Bano v. U.P. State Road Trans. Corporation).3. The learned Counsel for the appellant has assailed the impugned award on various points. He has, firstly, argued that the deceased, namely, Shamim Ansari, was working as a driver with the Corporation on contract basis and on the fateful date, i.e., 11.4.2000 he was to take bus No. UP 32-A 2115 from Kaiserbagh Depot, Luck-now to Gorakhpur. The accident occurred because the deceased went under the bus to make some repairs but suddenly the bus moved forward and he got entangled suffering injuries and subsequently died. He, therefore, contends that negligence was on the part of ...
Commissioner, Trade Tax Vs. Sri Ram
Court: Allahabad
Decided on: Sep-13-2007
Reported in: (2009)20VST747(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 April 6, 2004 relating to the assessment year, 1999-2000.2. The brief facts of the case are that the opposite party was the owner of the bus No. U.P. 56-3625 and provided the said bus to UPSRTC under the agreement dated August 27, 1997. The assessing authority levied the tax on the amount received towards hire charges from UPSRTC for providing the bus under Section 3F of the Act. Against the assessment order, opposite party filed appeal before the Joint Commissioner (Appeals), Trade Tax, Gorakhpur, which was dismissed. Opposite party further filed appeal before the Tribunal. The Tribunal by the impugned order, allowed the appeal and deleted the tax levied under Section 3F of the Act.3. Heard Sri B.K. Pandey, learned Standing Counsel and Sri Ram Bilas Yadav, learned Counsel appearing on behalf of the dealer.4. Learned ...
Speed Rollers Pvt. Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Sep-13-2007
Reported in: (2009)20VST88(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 December 19, 2006 relating to the assessment year 2000-01.2. The applicant was engaged in the business of manufacture and sale of iron and steel. The applicant claimed to have maintained the books of account in the regular course of business. The assessing authority rejected the books of account on the ground that on three occasions, Trade Tax Officer, Mobile Squad had seized the goods and against the seizure of the goods, penalties have been levied. The assessing authority had also rejected the books of account on the ground that there was a difference in the return version and book version. Gross and net turnover as per books of account were higher than the return version. The applicant explained that due to the mistake of the accountant lesser turnover was disclosed in the monthly returns. The explanation of th...
Commissioner, Trade Tax Vs. Regional Manager, U.P.S.R.T.C.
Court: Allahabad
Decided on: Sep-12-2007
Reported in: (2008)16VST226(All)
Rajes Kumar, J.1. These three revisions arise from the order of the Tribunal dated December 9, 2002 for the assessment years 1996-97, 1992-93 and 1989-90.2. The opposite party is the UPSRTC, Azamgarh operates buses and engaged in extending the services of transportation of the passengers from one place to another place. During the year under consideration, the opposite party had entered into the contract with some parties for the transportation of passengers from one place to another place on contracted amount. The assessing authority levied the tax on such contracted amount (transportation charges) under Section 3F of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') on the ground that there was transfer of right to use the buses. The claim of the opposite party was that the buses were provided only for the transportation of the passengers in which the driver and conductor were of the corporation and the expenses towards the diesel and other expenses were borne by t...
Anand Kumar Singh S/O Shri Someshwar Singh Vs. U.P. State Road Transpo ...
Court: Allahabad
Decided on: Sep-11-2007
Reported in: [2007(115)FLR696]
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioner, the Standing counsel for the respondents and perused the record.2. The petitioner possesses I.T.I diploma in Mechanical Diesel from the State Institute of Training Board, Madhya Pradesh in 1986. He was appointed as cleaner in the UPSRTC in 1989 and was thereafter promoted to the post of Fitter in 1994 and since then he is continuously working on the said post at Regional Work-shop, Jhunsi.3. It is alleged that a Trade test and Interview was held by the respondents Corporation for promotion on the various posts. The petitioner also appeared in the Trade test and interview held in the months of July/August. 2007.4. After the result was declared by the order dated 4 8.2007 respondent Nos. 4, 5 and 6 were declared successful whereas the petitioner was not declared successful.5. Aggrieved the petitioner has come up in this writ petition.The counsel for the petitioner submits that the respondents authorities have adopted pick and ...
Khacheru Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Sep-11-2007
Reported in: 2008(1)AWC566
Krishna Murari, J.1. Heard Sri K. R. Sirohi, learned senior counsel assisted by Sri B. K. Pandey appearing for the petitioner and Sri M. K. Tripathi, appearing for the contesting respondent No. 5.2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari to quash the order dated 22.3.1993 passed by Board of Revenue allowing the second appeal filed by respondent No. 5 arising out of the proceedings under Section 161 of U. P. Zamindari Abolition and Land Reforms Act (for short the 'Act')3. Facts giving rise to the dispute are as under;4. Gaon Sabha proposed exchange of its plot No. 610 area 6 biswas 16 biswansis with plot No. 617 area 8 biswas 10 biswansis of the petitioner and accordingly passed a resolution dated 11.4.1991. Thereafter, petitioner moved an application under Section 161 of the Act before the Sub-Divisional Officer. An objection was filed by respondent No. 5 assailing the exchange on th...
Smt. Gulista Wife of Yunus and ors. Vs. State of U.P. and
Court: Allahabad
Decided on: Sep-10-2007
Reported in: 2008CriLJ1162
Shiv Shanker, J.1. This criminal revision has been directed against the impugned order dated 30.7.2007 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Gautam Buddh Nagar in Misc. Case No. 2 of 2007, Ahmad Hasan v. Kami and Ors. by which the application moved under Section 156(3) of the Code of Criminal Procedure on behalf of opposite party Nos. 2 Hassan Ahmad was allowed and it was ordered to register and investigate the case.2. Heard Sri Sunil Kumar, learned Counsel appearing on behalf of revisionists and learned A.G.A. as well as perused the materials available on record.3. Learned Counsel for the revisionists has contended that a false case has been concocted against Kamil & other revisionists by opposite party No. 2 in the application moved under Section 156(3), Cr.P.C. It is further contended that first a complaint had to be filed before the concerned Magistrate upon which, the procedure under Chapter XV of the Code of Criminal Procedure was to be adopted. Thereaf...
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