Allahabad Court March 2008 Judgments
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Har Charan Son of Mohar Pal Vs. State of U.P. and
Court: Allahabad
Decided on: Mar-05-2008
Reported in: 2008CriLJ2972
R.K. Rastogi, J.1. This is an application under Section 482 Cr.P.C. for quashing the order dated 24.10.2007 & the notice dated 18.12.2007 issued against the applicant in Case No. 01 of 2008 State v. Har Charan under Sections 110(g) Cr.P.C. Police Station Barsana, District Mathura, pending in the Court of Sub Divisional Magistrate, Chhata, District Mathura.2. Heard the learned Counsel for the applicant, as well as learned A.G.A. for the State at the stage of hearing on admission of this application. Since the point involved in the matter is legal one I am deciding it at this stage on merits with the consent of the parties without calling for any counter affidavit or rejoinder affidavit. Since these proceedings have been drawn on the report of the S.O. of P.S. Barsana, District Mathura against the applicant and since Smt. Babita opposite party No. 2 is not a party in the above case, no notice is being issued to her.3. The facts relevant for disposal of this application are that on 18.12....
Man Singh Son of Dharmu Lal Vs. Commissioner, Bareilly Mandal and ors.
Court: Allahabad
Decided on: Mar-05-2008
Reported in: 2008(2)AWC1998
Ashok Bhushan, J.1. Heard learned Counsel for the petitioner and learned standing Counsel.By this writ petition the petitioner has prayed for quashing the order dated 3.12.2007, passed by the Commissioner as well as order dated 30.5.2002, passed by the Sub Divisional Officer, Bareilly.2. Brief facts necessary for deciding the present writ petition are; that the respondent No. 5, Bhola was granted agricultural lease of plot No. 1398/2 area 0.341 hectares. The respondent No. 5 executed a sale deed in favour of the petitioner of the land in dispute. A report was submitted by the Naib Tahsildar dated 14.12.2001 to the effect that the transfer was hit by Section 157-AA of the U.P. Zamindari Abolition and Land Reforms Act, 1950 as the transfer of land was made without obtaining previous permission of the Assistant Collector. The Sub Divisional Officer initiated proceedings under Section 157 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and while passing the order dated 30.5.2002...
AmIn Khan Son of Akbar Khan, Member, Three Members Committee Vs. State ...
Court: Allahabad
Decided on: Mar-05-2008
Reported in: 2008(2)AWC2002
B.S. Chauhan and Arun Tandon, JJ.1. The application for leave to appeal has been filed challenging the Judgment and order of the learned Single Judge dated 09-01-08 passed in Writ Petition No. 60988 of 2007 Smt. Nirmla Verma v. State of U.P. and Ors.2. The facts and circumstances giving rise to the appeal are that one Smt. Nirmala Verma, respondent No. 4 had been elected as a Gram Pradhan and proceedings under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act) had been initiated against her on certain charges. The applicant claims himself to be the complainant on the basis whereof enquiry has been initiated. The District Magistrate found the charges prima facie established on the preliminary enquiry report and passed the order depriving the said respondent No. 4 from exercising financial and executive powers till regular enquiry is concluded for which he also appointed as Enquiry Officer. The District Magistrate further appointed a three Members ...
Suresh Kumar Singh Vs. State of U.P.
Court: Allahabad
Decided on: Mar-05-2008
Reported in: 2008CriLJ2547
ORDERAlok K. Singh, J.1. This criminal appeal has been preferred against the judgment and order dated 30-4-1996 passed by Sri C.P. Mishra, Sessions Judge, Rae Bareli, convicting the appellant under Section 304-B I.P.C. and sentencing him to undergo rigorous imprisonment for seven years and also convicting him under Section 498-A I.P.C. and sentencing him to undergo three years' rigorous imprisonment and a fine of Rs. 2000/-, in default six months' rigorous imprisonment.2. The facts stated in brief are that Srimati Asha Devi was married to the appellant Suresh Kumar Singh in the year 1987 and after marriage the appellant, his younger brother and elder sister subjected her to torture for the alleged demand of dowry. This fact was told by the victim prior to her death to the complainant (elder brother) whenever she came to her mother's house. There was an additional demand of dowry for golden ring, golden chain and an amount of Rs. 5000/-. About one year prior to the incident the appellan...
Abhiram Rai Vs. Bishwa Nath Rai
Court: Allahabad
Decided on: Mar-05-2008
Reported in: 2008(4)AWC4124
Rajes Kumar, J.1. Heard Sri M.P. Singh, learned Counsel for the appellant and Sri Sanjay Goswami, learned Counsel for the respondent.Undisputedly, the sole respondent Bishwanath Rai died on 2.10.1988. Since no steps had been taken to substitute his heirs an Abatement Application No. 240190 of 2006 has been filed on 15.11.2006. The said application was allowed vide order dated 11.12.2006. However, the order dated 11.12.2006 has been recalled vide order dated 23.11.2007. The appellant moved the substitution application dated 22.2.2007 along with application under Section 5 of the Limitation Act. Affidavit has been filed by Sri Abhiram Rai, appellant, in which it is stated that in the year, 1981 appellant left his native village at Ghazipur for Brahm Vidhyalaya and Ashram, Chhotka Rajpur, District Buxar, Bihar for penance and meditation and did not give any information to his sons about the pendency of the present appeal.2. It appears that the heirs of late Bishwanath Rai, sole respondent...
Smt. Bimla Devi Gupta Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-05-2008
Reported in: (2009)221CTR(All)359
R.K. Agrawal, J.1. By means of the present writ petition, the petitioner has challenged the order dt. 14th July, 1993 passed by the Appropriate Authority, IT Department, Lucknow, respondent No. 1, whereby the property of the petitioner situate at Tonk House, Prayag Narain Road, Lucknow, having land of an area of 27,520 sq. ft. and the built-up area of 5,220 sq. ft. had been purchased by the Central Government under the provision of Chapter XX-C of the IT Act, 1961 (hereinafter referred to as 'the Act').2. Briefly stated, the facts giving rise to the present writ petition are as follows:According to the petitioner, she is the owner in possession of the premises, known as, Tonk House, Prayag Narain Road, Lucknow. It is a residential accommodation in which the petitioner is living along with her family. The bungalow was constructed on leasehold plot No. 60 of Butlerganj Scheme, Prayag Narain Road, Lucknow, and was leased to one Mr. Shagir Khan of Nazirabad, Lucknow, on 27th Aug., 1941 for...
Samar Pal Singh S/O Sri Ranveer Singh Vs. the State Public Services Tr ...
Court: Allahabad
Decided on: Mar-03-2008
Reported in: [2008(117)FLR696]
B.S. Chauhan and Arun Tandon, JJ.1. This writ petition has been filed challenging the judgment and order passed by the U.P. State Public Services Tribunal (hereinafter called the Tribunal') dated 05/11/2007, by which the claim of the petitioner seeking promotion giving the benefit of the past services at the earlier place of posting has been rejected.Facts and circumstances giving rise to this case are that petitioner was appointed as 'Seenchpal' in the Irrigation Department of the State of U.P. on 21/9/1978. On his own request with a clear understanding that he would loose seniority, he was transferred from Irrigation Division, Kashipur, Nainital to Irrigation Division, Bijnore on 01/11/1994. When the process for filling up the higher post by promotion on the basis of seniority subject to being unfit was initiated, petitioner who joined at Bijnor on bottom seniority in 1994, also claimed promotion that he was entitled for getting the benefit of his services prior to his transfer at Bi...
Raghubar Dayal Vs. the Xth Additional District and Sessions Judge and ...
Court: Allahabad
Decided on: Mar-03-2008
Reported in: 2008(227)ELT198(All)
Dilip Gupta, J.1. The landlord has filed this petition for setting aside the judgment and order dated 10th April, 1991 by which the Appeal filed by the tenant for setting aside the order passed by the Prescribed Authority was allowed.2. The petitioner filed an application dated 9th October, 1986 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act') after retirement from Government Service for eviction of the tenant from the shop in dispute stating that he bona fide required it for himself and his family members; that the shop measuring 13' 9' x 8' was let out to the tenant about 20 years back when the applicant was in government service in Defence Department and his sons were minors; that the applicant retired from service w.e.f. 1st August, 1985; that the applicant had four grown-up sons; that the eldest sons Yogendra Kumar Sharma was in service at Lucknow and was living separately; that the second ...
M.R. Soap Pvt. Ltd. Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Mar-03-2008
Reported in: (2008)18VST362(All)
Vikram Nath, J.1. This sales tax revision under Section 11 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as, 'the Act') has been filed by M/s. M.R. Soap Private Limited, Lower Bazar, Modinagar, Ghaziabad (hereinafter referred to as, 'the dealer') assailing the judgment of the Sales Tax Tribunal, Bench-II, Ghaziabad, dated January 25, 1994 whereby the second appeal of the dealer was dismissed.2. The present revision arises out of the proceedings under Section 21 of the Act relating to assessment year 1986-87. The dealer is a manufacturer of soap. With regard to the relevant assessment year it submitted its returns and the assessing authority vide order dated February 28, 1989 accepted the account books of the dealer and found that only an amount of Rs. 4,326 was due as tax.3. Subsequently proceedings under Section 22 of the Act for rectification of the assessment order were initiated on the ground that the rate of tax applied on the sales of imported 'spent bleaching earth' b...
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