Allahabad Court April 2008 Judgments
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Sanjeev Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-22-2008
Reported in: 2008(3)AWC2624a
ORDERAnjani Kumar and Sudhir Agarwal, JJ.1. Heard learned Counsel for the petitioner.2. Petitioner claims that he should have been allotted a fair price shop in lieu of his deceased father under the provisions of relevant Government order.3. We have heard learned Counsel for the parties and perused the relevant Government order. It clearly shows that the normal procedure, which has to be followed by the authorities for allotment of fair price shop, is selection from the eligible persons through a committee to be constituted at Tahsil level consisting of various persons as detailed in para 5 of the said Government order. As an exception, a discretion has been conferred upon the competent authority that after the death of existing fair price shop licensee, if his reputation was good, the competent authority may consider the allotment of shop to the heirs of such deceased licensee. The said Government order, therefore, nowhere provides any preferential right to the heir of a deceased lice...
Piyush Rastogi Vs. Moulik Finance and Resorts Ltd.
Court: Allahabad
Decided on: Apr-22-2008
Reported in: [2008]86SCL104(All)
Tarun Agarwala, J.1. The petitioner, Piyush Rastogi, has filed the petition under Section 446 of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959 for the quashing of all Civil and Criminal proceedings pending in various Courts, especially Criminal Case No. 2092 of 2005 pending in the Court of Special Judicial Magistrate, Lucknow and also prayed for absolving the petitioner from any civil or criminal liability in connection with the affairs of the Company, namely, Moulik Finance and Resorts Limited.2. The brief facts leading to the filing of the petition is that the petitioner alleged to be the subscriber and Director of the Company known as Moulik Finance and Resorts Limited, a Company incorporated under the Companies Act, 1956 having its registered office at 301-A and B, Govind Apartment, Shah Najaf Road, Lucknow, which was incorporated as a non-banking financial company. The object of the Company, amongst others, was to receive deposits from the sharehold...
Commissioner of Trade Tax Vs. Co-operative Company Ltd.
Court: Allahabad
Decided on: Apr-22-2008
Reported in: (2010)27VST162(All)
Vikram Nath, J.1. This trade tax revision has been filed by the Commissioner of Trade Tax, U.P., 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, Bench II, Meerut, dated August 16, 1995 whereby the Tribunal has dismissed the second appeal filed by the Department and had affirmed the order passed by the appellate authority holding that the dealer was not liable to pay any tax on the bottling charges, which had been subjected to tax by the assessing authority treating it to be the price of the bottle in which the liquor had been sold.2. The dispute relates to the assessment year 1989-90. The dealer is involved in the manufacturing and sale of country liquor which is an exempted commodity under Section 4(a) of the Act. During the assessment proceedings the assessing authority issued show-cause notice calling upon the dealer to submit its explanation with regard to the five points mentioned in...
Lohia Machines (L.M.L.) Karamchari Sangh Vs. Registrar, Trade Unions S ...
Court: Allahabad
Decided on: Apr-21-2008
Reported in: 2008(3)AWC2584; [2008(118)FLR221]; (2009)IILLJ29All
D.P. Singh, J.1. Heard Shri Navin Sinha learned senior advocate assisted by Shri Arvind Verma for the petitioner, learned standing counsel for respondent Nos. 1, 2 and 3, Shri K.P. Agarwal, learned senior advocate assisted by Ms. Bushra Mariyam appearing for respondent Nos. 4 and 5 in the leading petition. Shri S.N. Verma, learned senior advocate assisted by Shri S.D. Singh appears for the petitioner in the connected petition, learned standing counsel and Shri K.P. Agarwal appear for the respondents.2. This petition seeks quashing of the registration certificate granted to L.M.L. Mazdoor Ekta Sangathan, Kanpur, respondent No. 5, on the ground that it does not fulfil the requirements of law.3. The facts as pleaded are that M/s. L.M.L. Limited, which is a Public Limited Company duly incorporated under the Companies Act (here-in-after referred to as the Establishment), has a workforce of about three thousand employees. The petitioner Union was registered in May, 1977 by the Registrar, Tra...
Hub Lal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-21-2008
Reported in: 2008(3)AWC2252
Anjani Kumar and Rakesh Sharma, JJ.1. These are two writ petitions, one filed by petitioner Hub Lal, who is elected Pramukh of Kshettra Panchayat, Manda, Allahabad and another by Sanjay Singh and 42 other petitioners, who are the members of Kshettra Panchayat, Manda supporting the petitioner Hub Lai with the following prayers.2. The reliefs sought for by petitioner Hub Lai in Writ Petition No. 3266 of 2008 filed by Hub Lai are as under:(i) issue a writ, order or direction in the nature of mandamus declaring null and void the alleged meeting of no confidence dated 10.1.2008 held against the petitioner in the compound of Block Manda, district Allahabad together with its consequential effects ;(ii) issue a writ, order or direction in the nature of mandamus directing the opposite parties to act in accordance with law and if the meeting of no confidence is required to be held the same be conducted under the supervision and control of some judicial authority in accordance with law;(iii) issu...
Commissioner of Income Tax Vs. Jugal Kishore Gupta
Court: Allahabad
Decided on: Apr-21-2008
Reported in: (2009)221CTR(All)352
Rajes Kumar, J.1. This is an appeal under Section 260A of the IT Act, 1958 (hereinafter referred to as 'the Act') against the order of the Tribunal dt. 21st April, 2006 arising from the appeal No. 699/Luck/2002.2. The opposite party assessee (hereinafter referred to as 'the assessee') was a partner in a firm M/s Sasta Vastra Bhandar. A search and seizure was conducted by the IT officials on 9th Feb., 2000 at the residential premises of the assessee as a result of which the proceeding under Section 158BC was initiated asking the assessee to file the return of the undisclosed income for the period of the asst. yrs. 1990-91, 1991.-92, 1994-95, 1995-96 and 1996-97. The claim of the assessee was that the total income for the aforesaid period was Rs. 2,22,365 comprising of income of Rs. 30,770 for the asst. yr. 1990-91, Rs. 47,640 for the asst. yr. 1991-92, Rs. 47,410 for the asst. yr. 1994-95, Rs. 52,725 for the asst. yr. 1995-96 and Rs. 43,820 for the asst. yr. 1996-97. The assessee could ...
Jagdish Kumar Singh Vs. Chairman, Nagar Palika Parishad and ors.
Court: Allahabad
Decided on: Apr-21-2008
Reported in: [2008(117)FLR930]
Bharati Sapru, J.1. This writ petition has been filed by the petitioner against an order of termination-dated 25.7.1998 by which the petitioner was removed from service of the respondent Nagar Palika Parishad.2. The facts of the case are that the petitioner was working as a Clerk with the Nagar Palika Parishad from the year 1981. The petitioner had also been promoted as a Head Clerk, The petitioner was suspended by an order dated 25.9.1986 and he was charge-sheeted on 4th October, 1986. The petitioner was charge-sheeted for no| keeping the dead stock register in order and for not keeping the stock register of the old Newspapers and two other such charges. The petitioner filed a reply on 18.11.1986 and stated that he was not guilty of any kind of negligence in his duties and the stock was duly recorded and could be examined. He submitted his reply on 18.11.1986 an4, thereafter, given additional reply on 15.1.1987.3. The petitioner was served with an additional charge-sheet on 24.5.1987 ...
Shambhu Prasad Vs. Smt. Shamim Jahan
Court: Allahabad
Decided on: Apr-18-2008
Reported in: 2008(4)AWC3215
Poonam Srivastav, J.1. This second appeal is listed for admission. Record was summoned at the time when the appeal was filed and both the counsels are agreed that this appeal may be decided at the stage of admission itself.2. Sri H.N. Singh advocate appears for the defendant-appellant and Sri Rajeev Mishra advocate for the plaintiff-respondent.3. The facts giving rise to the dispute are that an agreement to sell in respect of plot No. 15 having an area 1 bigha, 18 biswa and 12 dhoor was executed in favour of the plaintiff-respondent for a consideration of Rs. 1,17,000 on 4.9.1991. The earnest money paid was Rs. 15,000. There was a specific recital in the agreement that since the plaintiff-respondent was not in possession of the entire sale consideration, the sale deed will be executed by 30.4.1992 after payment of the remaining amount of Rs. 1,02,000. It was further agreed that in the event, either party fails to perform its part within the stipulated period, then the plaintiff will be...
Smt. Geeta Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-17-2008
Reported in: 2008(3)AWC2688; [2008(118)FLR37]
Rakesh Sharma, J.1. Heard Sri Niraj Tiwari, learned Counsel for the petitioner and learned standing counsel on behalf of the respondents.2. Learned standing counsel, who represents the respondents, was granted one month's time to file a counter-affidavit, but no counter-affidavit has been filed. The petitioner has brought to the notice of the Court various judgments by which the controversy raised in this petition 'whether the daughter-in-law who becomes a member of her husband's family after marriage is included within the definition of family of her father-in-law' has been set at rest.3. The reference of these judgments are as follows:Smt. Sanyogita Rai v. State of Uttar Pradesh and Ors. 2006 (2) 1972 ; Zila Panchayat, Kaushambi and another v. Lalti Devi and Anr. 2008 (2) ADJ 428 : 2008 (1) AWC 1035 (DB) and C.M.D., U.P. Power Corporation Ltd., Lucknow and Ors. v. Jitendra Pratap Singh and Anr. 2008 (2) ADJ 433 (DB).4. It emerges from the record that the petitioner Smt. Geeta Singh's...
Smt. Shamli Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-17-2008
Reported in: 2008(3)AWC2214
S.U. Khan, J.1. This writs petition was nominated to me by Hon'ble the Chief Justice through order dated 2.8.2004. Thereafter on 4.8.2004, I passed the following order on the writ petition:This is a writ petition through which a prayer has been made that respondents must be restrained from letting out or granting patta for fishery rights over the land which belongs to the petitioner. Earlier also similar patta was granted regarding part of the land which has not been challenged by the petitioner anywhere. It appears that the patta-holder society has filed some suit against the petitioner which is pending according to the learned Counsel for the petitioner and no injunction has been granted therein. Through this writ petition prayer of the petitioner is that respondents, i.e. State of U.P., District Magistrate and Tehsildar should be restrained from allotting other land of the petitioner in plot Nos. 281 and 339 for fishery rights to any one else. Only ponds can be allotted for exercisi...
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