Allahabad Court April 2008 Judgments
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Smt. Kavita Devi Wife of Shri Nawal Kishor Singh Vs. State of Uttar Pr ...
Court: Allahabad
Decided on: Apr-09-2008
Reported in: [2008(119)FLR215]
1. Heard Sri Sanjiv Singh in support of this appeal. Learned Standing Counsel appears for respondents No. 1, 2 and 3. Sri Rajeshwar Singh appears for the respondent No. 4. Sri V.K. Singh appears for respondent No. 5. Sri Nasiruddin Warsi appears for respondent No. 6 and Sri R.K. Ojha appears for the contesting respondent No. 7.2. The contest in this matter is between the appellant-Smt. Kavita Devi and the respondent No. 7-Dharmendra Kumar Singh, which is for the post of Shiksha Mitra. Both the appellant-Smt. Kavita Devi and the respondent No. 7-Dharmendra Kumar Singh were claiming to be appointed on a post of Shiksha Mitra in a village, namely, Paliya Milki of district Kushi Nagar. In the said village, there were two posts of Shiksha Mitra, which were advertised. One post was reserved for a female candidate and the other one was for a general candidate.3. The respondent No. 6-Smt. Mansha Devi was placed at serial No. 1 in the merit list, as she had secured 58.5% quality point marks. Th...
Afaq Khan Vs. Srimati Rampyari and ors.
Court: Allahabad
Decided on: Apr-09-2008
Reported in: 2008(4)AWC3441
ORDERRajes Kumar and S.S. Chauhan, JJ.1. This appeal is directed against the judgment and award dated 25.7.2002, passed by the Motor Accident Claims Tribunal, Sitapur in M.A.C.P. No. 320 of 2000.2. The facts giving rise to the present appeal are that on 28.11.1999 at about 3.00 p.m. deceased Roshan aged about 7 years son of claimants was hit upon by a tractor which was driven by the appellant. The deceased Roshan was seriously injured and thereafter he was taken to the hospital for treatment and on 30.11.1999 he expired. A claim petition was filed, inter alia, on various grounds. The claim was raised before the Motor Accident Claims Tribunal, Sitapur to the tune of Rs. 11,00,000. The claim was repudiated by the appellant by filing written statement and it was stated that neither he was driver of any tractor nor was the owner of any tractor. He does not know driving. The accident had occurred from some other vehicle. Therefore, he is neither responsible nor the award can be passed again...
Smt. Govinda Devi Vs. Commissioner of Income Tax and anr.
Court: Allahabad
Decided on: Apr-09-2008
Reported in: (2008)220CTR(All)189
Vikram Nath, J.1. The relevant facts giving rise to the filing of this writ petition are that the petitioner had won a lottery of Rs. 2,00,000, result of which was declared on 22nd Jan., 1992, under the scheme 'Sahara Golden Key' run by the Sahara India. The prize money was paid to the petitioner in February, 1992, i.e., before 31st March, 1992, which would mean the financial year 1991-92 and the asst. yr. 1992-93. The petitioner in her return for the asst. yr. 1992-93 disclosed the receipt of the prize money and also paid the tax due on it. The assessment order for the asst. yr. 1992-93 was passed on 20th March, 2002.2. It appears that the AO, on some misconception thought that as the petitioner has won the lottery in January, 1992, the receipt of the prize money would form part of the asst. yr. 1991-92. The assessing authority passed ex parte assessment order for the asst. yr. 1991-92 and included the amount of prize money won by the petitioner in the lottery result dt. 22nd Jan., 19...
Radhey Shyam Vs. U.P. Power Corporation Ltd. and anr.
Court: Allahabad
Decided on: Apr-09-2008
Reported in: [2008(119)FLR335]
V.K. Shukla, J.1. Present writ petition has been filed by the petitioner for issuing writ in the nature of mandamus commanding the opposite parties to open sealed cover and promote the petitioner to the post of Assistant Engineer with effect from 25.1.1995 i.e. the date when person junior to the petitioner were promoted to the post of Assistant Engineer, not withstanding adverse entry and punishment recorded against another person named Sri Radhey Shyam who was posted at Bareilly.Brief background of the case is that petitioner was initially appointed on the post of Line Inspector/Junior Engineer. Petitioner submits that promotional exercise was undertaken and list of incumbents who have been promoted was published and therein name of petitioner did not find figure. Sole ground for non-suiting the claim of the petitioner was a report wherein it was mentioned that petitioner while posted at Electricity Distribution Division, Bareilly was given punishment. Petitioner came with specific ca...
Shiv Pujan Tiwari, Manager, Committee of Management, Junior High Schoo ...
Court: Allahabad
Decided on: Apr-08-2008
Reported in: 2008(3)AWC2193
Rakesh Tiwari, J.1. Heard Sri Rajendra Prasad Tiwari for the petitioner, Sri Vipin Pandey for respondent No. 4 and learned standing Counsel.2. It appears that a dispute had arisen between the parties with regard the voter list issued from the office of the Assistant Registrar, Firms, Societies and Chits, Azamgarh Mandal, Azamgarh, which was decided vide order dated 9.1.2007 under Section 25(2) of the Societies Registration Act, 1860. Thereafter, the voter list was sent to respondent No. 3-Election officer/District Basic Education Officer, Ballia, who issued the list of members of the general body on 7.3.2007 for holding the elections of the committee of management on 8.3.2007. The date of elections was thereafter postponed for certain reasons.3. It also appears that thereafter the petitioner has sent a list of the members from which he claims that elections should be held as, according to the petitioner, there is some variation in the parentage and address of members and one of them is...
Committee of Management, Yuvak Laghu Madhyamik Vidyalaya and anr. Vs. ...
Court: Allahabad
Decided on: Apr-07-2008
Reported in: 2008(3)AWC2802
Rakesh Tiwari, J.1. Heard Sri Ashok Khare, senior counsel assisted by Sri Anup Kumar Srivastava for the petitioners, Sri R.P. Singh, advocate appearing for respondent No. 4 as well as the standing counsel representing respondent Nos. 1, 2 and 3.2. This writ petition is directed against an order dated 25.8.2007, passed by Assistant Registrar, Firms, Societies and Chits, Gorakhpur which has been appended as Annexure-17 to the writ petition whereby the Assistant Registrar has discarded elections of the petitioner and has accepted the elections that have been set up by the contesting respondents.3. The petitioners seek relief of quashing the aforesaid order dated 25.8.2007 as well as a direction in the nature of mandamus commanding the respondents not to interfere with the functioning of petitioner as management of Yuvak Laghu Madhyamik Vidyalaya, Majhwalia No. 1, Deoria.4. The contention of the counsel for petitioner is that the order impugned has been passed in violation of principles of...
Karim Shah and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-07-2008
Reported in: 2008CriLJ2974
ORDERBarkat Ali Zaidi, J.1. The appellants are the sureties of accused Balveer Singh in S.T. No. 12 of 2001, under Section 8/15 N.D.P.S. Act, pending in the court of Addl. Sessions Judge, Court No. 9, Moradabad.2. Pursuant to a warrant issued against the accused, the accused appeared on 31-1-2007 and was taken into custody by the Court but he escaped, in consequence whereof, the Court issued warrants against the sureties for recovery of the Surety Amount.3. One of the surety Karim Shah, appeared on 28-11-2007 and moved an application for giving some time to trace the accused but the Trial Court rejected the application saying that the accused was absconding since long and had run away from the judicial Custody. The Trial Judge therefore reiterated it's earlier order for issuance of warrant of recovery of surety amount of Rs. 25,000 against each surety.4. They have, therefore, come in appeal here.5. Heard Sri Ghanshyam Joshi, advocate for the appellants and Mohd. Israil Siddiqui, Additi...
In Re: Mercury Containers (P.) Ltd.
Court: Allahabad
Decided on: Apr-07-2008
Reported in: [2010]98SCL43(All)
R.K. Agrawal, J.1. The present petition has been filed under Section 391/394 of the Companies Act, 1956 by M/s. Mercury Containers (P.) Ltd., hereinafter referred to as the Demerged Company, Mercury Industries Ltd. and Mercury Wires (P.) Ltd. seeking confirmation of scheme of arrangement filed as Annexure No. 1 to the petition. They had approached this Court by means of Company Application No. 12 of 2007 for convening a meeting of the creditors of the Demerged Company on which this Court vide order dated 18-12-2007 had appointed Sri V.K. Dixit, Advocate, failing him Sri Pratik J. Nagar, Advocate, as Chairman of the creditors meeting convened on 19-1-2008 and directed that the report of the result thereof be submitted to this Court. The meeting was held on 19-1-2008, as scheduled, and Sri V.K. Dixit, Advocate, Chairman, submitted the report that in the meeting the creditor have unanimously resolved that the proposed Scheme of Demerger of the Demerged Company be approved without any modi...
A.K. Construction Vs. U.P. Power Corporation Ltd. and anr.
Court: Allahabad
Decided on: Apr-04-2008
Reported in: AIR2008All117; 2008(4)ARBLR660(All); 2008(3)AWC2233
H.L. Gokhale, C.J.1. Heard Mr. Rakesh Kumar, in support of this petition and Sri S.C. Srivastava, learned Counsel for the respondents.2. The petitioner is a proprietary concern. It is engaged in the business of civil construction. It entered into a contract with the first respondent-U.P. Power Corporation Ltd. on the basis of a tender notice issued in the year 1998-1999. Tender submitted by the petitioner was accepted by respondent No. 2, on behalf of respondent No. 1, vide order dated 3-1-1999. Two works were to be executed at Orai. One was for a Control Room Building costing of Rs. 22,59,670.41 and the second was for security fencing around a transformer and an approach road, which was to cost of Rs. 48,09,266.66. From a letter of the petitioner dated 29-5-2002, it is seen that the petitioner was required to stop the works sometime in December, 1999. This was due to the respondents not making available adequate quantity of supply of cement.3. The petitioner claims to have issued a no...
Manju Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-04-2008
Reported in: 2008(3)AWC2257
Sunil Ambwani, J.1. Heard Shrl Shashi Nandan, senior advocate assisted by Shrl Namit Srivastava for the petitioner and Shrl A.K. Singh and Shri S.P. Singh for the contesting respondent. Learned standing Counsel appeared for the State respondents.2. Smt. Manju Devi was elected as Pradhan of Village Jungal Aktaha, Nyay Panchayat Chhapauli Tappa Nagwa Tlkar, Pargana Silhat, Vikas Khand Gauri Bazar Tehsil Rudrapur, district Deoria. Shri Surendra Pratap Singh filed an election petition under Section 12C(2) of U.P. Panchayat Raj Act, 1947 (in short, the Act), challenging the elections on the ground that his nomination paper was wrongly rejected a day before elections as he had resigned from the post of Chairman of the Cooperative Cane Development Union Limited Gauri Bazar, before filing the nominations. The District Magistrate did not have the authority to cancel his candidature and to put a cross mark on the ballots, on his name and election symbol. The election petition was allowed and the...
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