Allahabad Court February 2008 Judgments
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Veer Singh S/O Late Natthu Singh, Vs. State of U.P. and
Court: Allahabad
Decided on: Feb-26-2008
Reported in: II(2008)DMC1
Ravindra Singh, J.1. This application has been filed by the applicants Veer Singh, Smt. Munni and Smt Shimla with a prayer that the order dated 23.10.2007 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar by which the final report was rejected and the applicants have been summoned to face the trial for the offence punishable under Sections 498A, 304B IPC and Section 3/4 D.P. Act and the order dated 19.1.2008 passed by learned Addl. Sessions Judge/ FTC-1, Court No. 9, Gautam Budh Nagar in criminal revision No. 159 of 2007 by which the revision filed by the applicants has been dismissed, may be aside.2. The facts in brief of this case are that in the present case FIR has been lodged by O.P. No. 2 Har Pal at P.S. Surajpur on 14.10.2005 at 5.00 A.M. in case crime No. 245 of 2005 under Sections 498A, 304B IPC and Section 3/4 D.P. Act in which the applicants and co-accused Mukesh are named as accused. It is alleged that the marriage of the deceased Smt. Munesh was solemnized wit...
Satish Chand Pawan Kumar Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Feb-26-2008
Reported in: (2009)19VST52(All)
Vikram Nath, J.1. This trade tax revision has been filed by Satish Chand Pawan Kumar, Dhanipur Mandi, Aligarh (hereinafter referred to as, 'the dealer') under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act'), against the judgment and order of the Trade Tax Tribunal, Ghaziabad, dated January 29, 1999. Initially there was difference of opinion between the two members of the Tribunal's Bench, whereupon it was referred to a third member, who decided in favour of the Department and accordingly the second appeal filed by the Commissioner of Trade Tax was allowed.2. The dealer is involved in the business of purchase and sale of foodgrains and oil-seeds. According to the dealer, it was making purchases for its account and also as commission agent for principals situate outside U.P. With regard to the assessment year 1988-89, the dealer had shown purchases from local unregistered dealer of Rs. 6,07,927.15 to have been made for and on behalf of its ex-U.P. princ...
Mangala Rai Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Feb-26-2008
Reported in: [2008(117)FLR400]
Bharati Sapru, J.1. Heard learned Counselor the petitioner and learned Sanding Counsel for the Stale and Sri V.K. Singh for the newly impleaded respondent No. 6.2. It is the case of the petitioner that he was appointed ease a Daftari in the Institution in question on 26.10.1980, his appointment was 'approved, by tin: District inspector of Schools by his order dated 27.7.1982. Since, the date of approval the petitioner was functioning; as a Daftari without any problem.3. The new incumbent to the office of the District Inspector of Schools, has passed the impugned order dated 27.4.1984 by. which he has withdrawn the approval granted earlier.4. Learned Counsel for the petitioner has argued that the District Inspector of Schools does not have the power to review his own order.5. The contention raised by the petitioner has force. No power of review is granted to the District Inspector of Schools in the Act. The impugned order is, therefore, set aside. It is left open to the respondent autho...
The Commissioner of Income Tax Vs. Laxi Pd. and Sons
Court: Allahabad
Decided on: Feb-25-2008
Reported in: [2009]316ITR330(All)
1. The following three questions have been referred having been called by the High Court under Section 256(2) of the Income Tax Act, 1961 (in short the 'Act'):1. Whether the Tribunal was correct in the facts and in law in concurring with the order of the First Appellate Authority holding that M/s Laxmi Pd. & Sons was an A.O.P. created in pursuance of the will left by late Laxmi Pd., when there was no specific direction in the will for the creation of any trust.2. Whether the Tribunal was correct on the fact and in law in concurring with the interpretation of the contentions when on plain reading of the will the interference drawn is found to be incorrect.3. Whether the Tribunal was correct in law in concurring with the First Appellate Authority and holding that part of the unexplained assets round during the course of search belonged to the AOP styled as M/s Laxmi Pd. & Sons and ignoring the fact that had these assets belonged to AOP why the returns of wealth were not filed before its ...
Mohd. Zeeshan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-25-2008
Reported in: [2008(117)FLR922]
Pankaj Mithal, J.1. The petitioner is an Assistant Tax Superintendent (Tax and Revenue Inspector) which is a class III post governed by the U.P. Palika Centralized Services, Rules, 1966. Rule 25 of the aforesaid Rules empowers the State Government to transfer any officer of the Centralized Service from one Palika to another.2. In exercise of the said power, the petitioner has been transferred from Nagar Palika, Parishad Chandpur, Bijnor and has been attached to the Directorate without assigning any duties. This order of transfer/attachment dated 21st January 2008 passed by the Chief Secretary has been impugned in the writ petition on the ground of malafidies and on the ground that it has been passed without application of mind by the authority concerned simply on the dictates of a political personality.3. The writ petition was entertained by an order dated 18.2.2008 and in view of the fact that the transfer order was not a routine order of transfer but was an order made under the head ...
Amar Singh S/O Dhanu Vs. State of U.P. Through Additional Commissioner ...
Court: Allahabad
Decided on: Feb-25-2008
Reported in: 2008(2)AWC1899
Ashok Bhushan, J.1. Heard Sri Apruva Hajela, learned Counsel for the petitioner.2. By means of present writ petition, the petitioner has prayed for quashing the order dated 10.2.2005, passed by the Sub Divisional Officer, deciding issue No. 2 in suit No. 20 of 2003-04 against the petitioner and the order dated 28.8.2006, by which revision filed against the said order was dismissed by the revisional Court as well as the order dated 11.1.2008 by which the review application has been rejected by the revisional Court.3. The brief facts necessary for deciding this writ petition are that a suit being suit No. 20 of 2003-04 was filed by the respondent No. 4 under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act claiming declaration that he be treated as co-tenure holder of plot No. 635 area 1.133 hectares (old No. 728 area 2.45 acres) and his name be also recorded as Bhumidhar in revenue record. The plaintiff's case was that plot No. 635 was purchased by plaintiff Saru son o...
Smt. Savitri Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-25-2008
Reported in: 2008(2)AWC1504
ORDERRajes Kumar, J.1. Heard learned Counsel for the parties.2. Learned Counsel for the petitioner submitted that Smt. Harviri wife of Bhullan Singh was elected as Pradhan of Gram Panchayat, Vlaidpur Vikas Khand Daurala district Meerut, died on 2.2.2007. After her' death, District Magistrate vide order dated 27.2.2007, nominated Smt. Munni Devi wife of Suresh Singh to exercise power of Gram Pradhan. Thereafter, vide order dated 15.1.2008 in place of Smt. Munni Devi wife of Surendra Singh, Smt. Savitri wife of Bhanwar Singh member Gram Panchayat has been nominated. Again by impugned order dated 30.1.2008, the order dated 15.1.2008 has been cancelled and the order dated 27th February, 2007, nominating Smt. Munni Devi wife of Surendra Singh has been restored. He submitted that though on the death of Gram Pradhan and in the absence of Up Pradhan Collector has power under Section 12J of the U.P. Panchayat Raj Act to nominate any member of Gram Panchayat to discharge duty and exercise the po...
Committee of Management, Moradabad Sahkari Ganna Vikas Samiti Limited ...
Court: Allahabad
Decided on: Feb-25-2008
Reported in: 2008(2)AWC1505
ORDERAnjani Kumar and Rakesh Sharma, JJ.1. Heard learned Counsel for the petitioners and Sri Ayyub Khan for the contesting respondent.2. The petitioners have challenged the meeting of the Committee of Management scheduled pursuant to the notice issued by the specified authority under Rule 458 of U.P. Co-operative Societies Rules, 1968 wherein a notice has been issued by the specified authority dated 21 October, 20C7 inviting all the members of the Committee of Management to be present in the meeting scheduled for 11th November, 2007 at 12.30 in the office of Collector, Moradabad for consideration of motion of no-confidence against the petitioner No. 2. Learned Counsel for the petitioners submits that from the perusal of the aforesaid notice (Annexure-2 to the writ petition) it is apparent that the said notice has been issued by the Presiding Officer nominated by the specified authority on 21st October, 2007 and the meeting is fixed on 11th November, 2007.3. Learned Counsel submits that...
Nawal Kishor Pandey Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Feb-25-2008
Reported in: [2008(117)FLR434]
Bharati Sapru, J.1. Heard Sri Sudhanshu Pandey, learned Counsel for the petitioner and learned Standing Counsel for the other side.The respondents have also put in appearance and have filed counter affidavit sworn by respondent No. 4 himself.The controversy in this petition is with regard to the promotion and inter se seniority of the petitioner and the respondent No. 4.2. By an order dated 2.8.1988 the District Inspector of Schools granted approval to the promotion of the respondent No. 4 from class 4th to Class 3rd. Both the committee of management and the respondent No. 4 have filed affidavits and in paragraph 7 of the counter; affidavit filed by Sri Kedar Prasad Yadav he has categorically stated that the petitioner was senior to him in position and he alone was entitled to the promotional post in class 3rd. The committee of management has also supported the case of the petitioner.3. In view of the admitted position that the petitioner was senior, the order dated 2.8.1988 is set asi...
New Sun Education Society (Regd.) Through Its Secretary Sri Haji Muqee ...
Court: Allahabad
Decided on: Feb-22-2008
Reported in: 2008(2)AWC1186
B.S. Chauhan and Bharati Sapru, JJ.1. This writ petition has been filed seeking following reliefs:(i) issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 22.12.2007 issued by U.P. Public Service Commission, Allahabad (Annexure-5 to the public interest petition);(ii) issue a writ, order or direction in the nature of certiorari quashing the resolutions dated 30.04.2005, 27.08.2005 and 28.8.2005 passed in Full Court Meeting of this Hon'ble Court (Annexure Nos. 13, 14 and 15 of this public interest petition).(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to provide reservation quota for physically handicapped persons in all services including judicial services.In fact the challenge in this petition is to the advertisement dated 22.12.2007 issued by the U.P. Public Service Commission to appoint Assistant Prosecution Officers and petitioners are seeking direction that the impugned advertisement be ...
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