Allahabad Court May 2008 Judgments
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Krishi Utpadan Mandi Samiti, Sikandra Rao Through Its Secretary Vs. U. ...
Court: Allahabad
Decided on: May-23-2008
Reported in: AIR2009All14; 2008(4)ARBLR432(All); 2008(4)AWC3807
Sunil Ambwani, J.1. Heard Shri B.D. Mandhyan, Sr. Advocate assisted by Shri Satish Mandhyan for the petitioner. Shri P.N. Saxena, Sr. Advocate assisted by Shri Uma Nath Pandey, Advocate appear for M/s An Ads Chowk Bazar. Bulandshahr-respondent No. 2 Learned Standing Counsel appears for respondent No. 1. With the consent of the parties, all the writ petitions were heard and arc being finally decided.2. In all these writ petitions Krishi Utpadan Mandi Samitis have prayed for writ, order or direction in the nature of certiorari quashing the proceedings in claim petitions filed by M/s An Ads Chowk Bazar, Bulandshahr, and the award given by the Commissioner and Director of Education U.P. (Facilitation Council) Kanpur on references made by M/s An Ads Chowk Bazar, Buland Shahr under Section 6(2) of the Interest on Delayed Payments to Small Scale Ancillary Undertaking Act, 1993 as amended by Act No. 23 of 1998 (in short the Act) awarding the sums claimed with interest at the rate of 5% above f...
Waqf Takiyan Inayat Ali Shah Alias Takiya Kalan and anr. Vs. Dileep Si ...
Court: Allahabad
Decided on: May-23-2008
Reported in: 2008(4)AWC3530
Rajiv Shartna, J.1. Heard Sri Mushtaq Ahmed Siddlqui, appearing for the petitioners and Sri S.P. Shukla, appearing for the contesting respondents.2. Petitioners have filed a suit (Regular Suit No. 10/1963) for possession of land by demolition of the structure thereon and recovery of arrears of rent and damages for use and occupation. The said suit was decreed by the erstwhile Court of Civil and Sessions Judge on 15.2.1965. The decree dated 15.2.1965 was challenged by Rajendra Prasad alias Nageshwar Prasad and others before this Court by filing an appeal which was numbered as Appeal No. 3/65 and this Court confirmed the decree in respect of some plots and as regards other plots the same was set aside.3. Feeling aggrieved by the dismissal of the appeal by the High Court, said Rajendra Prasad alias Nageshwar Prasad and others preferred Special Leave Petition No. 2143 of 1982 before the Hon'ble Supreme Court. The Hon'ble Supreme Court after hearing the parties dismissed the appeal vide jud...
Rajendra Kumar Verma Vs. Triyugi NaraIn Verma
Court: Allahabad
Decided on: May-23-2008
Reported in: 2008(4)AWC3224
Poonam Srivastav, J.1. Heard learned Counsel for the appellant and the counsel for the caveator/respondent.2. This is defendant's second appeal arising out of the judgment and decree dated 9.4.2008, passed by the Additional District Judge, Court No. 2, Kanpur Nagar, in Civil Appeal No. 31 of 2007 confirming the judgment and decree dated 20.3.2007, passed by the Civil Judge (Junior Division) Kanpur Nagar, in Original Suit No. 274 of 2002, Triyugi Narain v. Rajendra Kumar Verma.3. The plaintiff/respondent instituted a suit against the appellant/defendant for his eviction on the ground that the appellant was in possession of the disputed premises on the basis of a licence. The licence was revoked by means of notice, therefore, he is not entitled to continue in possession. Specific case of the plaintiff was that the house in question being house No. 104A/248C, Rambagh, Kanpur Nagar, belongs to the plaintiff. Since he was posted outside Kanpur, the defendant/appellant was his relative and h...
New India Assurance Co. Ltd. Vs. Dr. Lata Ravi Wahaal and ors.
Court: Allahabad
Decided on: May-23-2008
Reported in: 2008(4)AWC3437
Rajes Kumar and S.S. Chauhan, JJ.1. This first appeal from order has been filed against the judgment and award dated 6.8.2005, passed by the Motor Accident Claims Tribunal, Lucknow in C.P. No. 514 of 1999.2. The facts, in brief, are that on the date of incident, i.e., 30.9.1999, at about 1.30 a.m., the respondent No. 1 alongwith her husband and one Siddharth Bhatt, was going to Kanpur in her Santro car No. U.P.-32-A.A. 1188. As soon as they reached near Village Ashakheda, Police Station Sohramau, truck No. U.P.-92-B-0141, which was coming from the opposite direction and was being driven rashly and negligently, hit the car from the wrong side, on account of which the husband of the respondent No. 1 received grievous injuries and he died on the spot. The husband of the respondent No. 1 expired on account of rash and negligent driving of the truck. On these allegations, a claim petition was preferred before the Motor Accident Claims Tribunal, claiming compensation. The Motor Accident Clai...
North Central Railway Employees' Sangh (NCRES) and Anr. Vs. Union of I ...
Court: Allahabad
Decided on: May-23-2008
Reported in: [2008(118)FLR384]
Sunil Ambwani, J. 1. Heard Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Naresh Kumar Pandey and Shri Chandan Kumar for the petitioner. Shri K.P. Singh and Shri Govind Saran appear for the Railways, Shri Siddhartha Singh and Shri Hem Pratap Singh appear for the proposed respondent No. 6. Shri Murlidhar, Senior Advocate assisted by Shri Ajai Kumar Sharma appeared for the respondent No. 5.2. An application has been filed by Shri Shamim Ahmed for impleadment of North Central Railway Men's Union in the writ petition. The applicant has secured the recognition by polling the highest number of votes. It is contended that the applicant for impleadment is neither a necessary nor a proper party to the proceedings. Shri Kesari Nath Tripathi has relied upon judgment in Kesari Devi v. State of U.P. and Ors. 2005 (3) UPLBEC 2727 in submitting that a person, who has already succeeded in seeking recognition, would have no interest for impleadment and is not a necessary party to be heard ...
Commissioner of Income-tax Vs. Gupta Mills Stores
Court: Allahabad
Decided on: May-23-2008
Reported in: [2009]184TAXMAN230(All)
ORDERRajes Kumar, J.1. This is an appeal under Section 260A of the Income-tax Act (hereinafter referred to as the 'Act') for the assessment year 2001-02. The appeal has been admitted on the following two questions:1. Whether the learned Income-tax Appellate Tribunal was justified in law in coming to the conclusion that the penalty was time barred ignoring the fact that the initiation of penalty proceedings has to be construed with reference to the steps taken by the Joint Commissioner of Income-tax which started on 3-9-2003 and not by the Income-tax Officer's notice dated 1-8-2003 since as enjoined by Section 271E(2), Joint Commissioner of Income-tax is the only competent authority to levy penalty under Section 271E of the Income-tax Act, 1961.2. Whether the learned Income-tax Appellate Tribunal was justified in quashing the penalty after arriving at the conclusion there was no passing of money while ignoring the entries made by the assessee in his books of account indicating the reduc...
North Central Railway Karamchari Sangh and anr. Vs. Union of India (Uo ...
Court: Allahabad
Decided on: May-23-2008
Reported in: [2008(118)FLR219]
Sunil Ambwani, J.1. Heard Shri Ajal Kumar Sharma, learned Counsel (or the petitioner, Shri K.P. Singh and Shri Govind Saran appear for the Railways.2. The petitioner is a registered trade union, The Supreme Court, in Railway Board v. Southern Railway Mazdoor Union find others, Special Leave Petition No. 3716 of 2004 decided on 8.3.2004, affirmed the judgment of the Madras High Court on which the Ministry of Railways decided to hold elections under the 'Secret Ballot System' for giving recognition to a limited number of trade unions. A 'Secret Ballot Committee' was constituted, which framed Modalities for procedure for conducting secret ballot.3. It is alleged that the modalities stipulated that the registered union should geographically conform to the jurisdiction of the concerning Zonal General Manager, and the contesting unions should be registered prior to the creation of the North Central Railway Zone. The petitioner filed objections, on 25.10.2007 before the respondent No. 3 that ...
Bhakti Vijay Shukla S/o Late S.S. Shukla Presently posted as 'Scientif ...
Court: Allahabad
Decided on: May-22-2008
Reported in: [2008(118)FLR712]
S.K. Gupta, J.1. The present writ petition has been filed inter- alia against the order dated 6-2-2002 whereby the representation of the petitioner claiming promotion to the post of Extension Officer and praying for considering his claim to the post of Assistant Director(Chemical Fractionation & Process), has been rejected by the Principal Director. ft is further prayed that Office order dated 2/4 March 2004 be quashed and the petitioner be promoted to the post of Extension Officer (Chemical) with effect from June 1998 or in any case from June 1999 and to pay all consequential monetary benefits. ,2. Three posts of Lab Technicians were advertised by respondent No. 1 in 1992. The Selection committee for the three posts of Lab Technician found Sri S.B. Shukla, Nadeem Akbar and Sri B.V. Shukla suitable for appointment to the post of Lab Tehnician. The merit list for appointment given by the selection committee was as follows:(1) S.B. Shukla(2) Nadeem Akbar(3) B.V. ShuklaThe recommendation ...
State of U.P. Vs. Purushottam Das Tandon
Court: Allahabad
Decided on: May-22-2008
Reported in: 2008(3)AWC3195
S.U. Khan, J.1. Heard learned Counsel for the parties.These appeals are directed against common judgment and award dated 14.12.1971 given by Presiding Officer, Nagarmahapalika Tribunal, Allahabad in references No. 2 and 3, both of 1966.2. Two bungalows bearing Nos. 7 and 9, situate on Hastings Road, Allahabad having an area of 11 acres 3411 square yards and 8 acres 2982 square yards respectively were acquired. Reference No. 2 of 1965 was in respect of Bungalow No. 9 and reference No. 3 of 1965 was in respect of Bungalow No. 7. Initial notification was issued on 13.5.1958. Award was given on 24.2.1964. Bungalow No. 7 belonged to Beni Prasad Tandon (B.P. Tandon) respondent in F.A. No. 195 of 1975 and bungalow No. 9 to Purshottam Das Tandon (P.D. Tandon) respondent in F.A. No. 19 of 1975. Both bungalows were constructed over nazul land. Lease of Bungalow No. 7 was expiring on 7.10.1968 and of Bungalow No. 9 on 9.6.1969.3. Obviously lease-hold rights of the lessees in the land of both The ...
Sudhir Kumar Srivastava Vs. Union of India (Uoi) Through General Manag ...
Court: Allahabad
Decided on: May-22-2008
Reported in: 2008(4)AWC3429
Rajes Kumar and S.S. Chauhan, JJ.1. This first appeal from order is directed against the judgment and award dated 24.9.1999, whereby the claim petition of the appellant has been dismissed.2. The facts, in brief, are that the appellant was travelling on a second class ticket bearing No. Ho. 12001 from Barabanki to Lucknow and when the appellant was trying to alight from the train at Daliganj Railway Station due to a sudden Jerk he slipped and fell down from the train and sustained grievous injuries. One co-worker, namely, Harish Chandra Verma (Munshi) was travelling alongwith the appellant. Harish Chandra Verma (Munshi) gave proper assistance to the appellant by lifting him from underneath the platform. The appellant was made to lie-down on the platform in an injured condition. The information was also given to the railway officials who arranged first aid and ambulance. In the meantime, Harish Chandra Verma (Munshi) returned back alongwith all staff of the appellant's office. Thereafter...
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