Allahabad Court May 2008 Judgments
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i.T.E.C. Limited and anr. Vs. India Exhibition Management Pvt. Ltd. an ...
Court: Allahabad
Decided on: May-09-2008
Reported in: 2008(4)AWC3230
Amitava Lala, J.1. This appeal has been preferred by the plaintiffs-appellants upon being aggrieved by the order passed by the learned Civil Judge (Senior Division), Gautam Budh Nagar dated 25th April, 2005 in Suit No. 257 of 2005, I.T.E.C. Limited v. India Exhibition, by which the matter was directed to be presented before the competent authority for resolution by arbitration in accordance with the rules.2. The contention of Mr. Ravindra Kumar Das and Mr. K.D. Tiwari, learned Counsel appearing for the appellants, is that by disposing of such application and sending the dispute for resolution by arbitration, in effect, the court below sent the entire matter lock, stock and barrel before the competent authority. Therefore, far to say about the application, the suit cannot be heard by the Court. It is further contended that at the time of hearing the application under Order XXXIX, Rule 1 of the Code of Civil Procedure (hereinafter in short called as the 'C.P.C.') for issuing injunction, ...
Akhilesh Kumar Awasthi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-09-2008
Reported in: 2008(4)AWC4061
Sudhir Agarwal, J.1. Heard Sri Vijay Gautam, learned Counsel for the petitioner and learned standing Counsel for the respondents.2. Since counter and rejoinder-affidavits have already been exchanged between the parties, as requested and agreed by the learned Counsel for the parties, the matter is heard finally under the Rules of the Court and is being decided at this stage.Aggrieved by the order dated 26.5.2004, passed by Inspector General of Police, Allahabad Zone, Allahabad modifying punishment imposed upon the petitioner by converting dismissal from service to reduction in the pay scale at the minimum for a period of three years and denying arrears of salary for the period petitioner was under suspension and out of employment pursuant to dismissal order dated 2.5.1994, this writ petition has been filed seeking writ of certiorari quashing the same and also a writ of mandamus directing respondents to pay all the benefits to the petitioners as he was never suspended.3. The learned Coun...
Smt. Sharda Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-09-2008
Reported in: AIR2009All12
1. By way of this writ petition, the petitioner has claimed amount of insurance along with interest.2. We have heard Sri. Kamar Kumar Singh, learned Counsel for the petitioner, learned Standing Counsel for respondent Nos. 1, 2 and 3 and Sri. Nikhil Kumar for respondent No. 4.3. The petitioner's husband Darshan yadav was a small farmer and sole earning member of the family. His age was about 55 years. On 27-9-2004 at about 8.30 P.M., when he was irrigating his agricultural field was murdered. The F.I.R. Annexure-3 to the writ petition was lodged at the police station. According to G.O. No. 1751/1-9-2004-962 LC/2004 dated 20-8-2004, the General Insurance Scheme was launched by the U. P. Government for small farmers, whose age was more than 12 years and not more than 70 years. The scheme was effected from 5 P.M. of 16-9-2004 to 4.59 P.M. of 16-9-2004 (sic). Some clarification was also given through G.O. No. 2032/1-9-2004-962 LC/2004 dated 5-10-2004. Copy is Annexure-4 to the writ petition...
Bhoop Singh (Dead) and anr. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: May-09-2008
Reported in: 2009CriLJ161
ORDERAlok K. Singh, J.1. Both these appeals arise out of the judgment and order dated 4-7-1988 passed by IV Additional Sessions Judge, Barabanki in Sessions Trial No. 334 of 1987, therefore they were heard together and are being decided by a common judgment.2. At the out set it may be mentioned that on account of death of Bhoop Singh the appeal stands abated against him.3. Under challenge is the judgment and order dated 4-7-1988 passed by IV Additional Sessions Judge, Barabanki, acquitting the appellants under Section 306/34 I.P.C. but convicting them under Section 498-A/34 I.P.C. and sentencing them to undergo rigorous imprisonment for two years each, further convicting them under Section 201/34 I.P.C. and sentencing them to undergo rigorous imprisonment for three years each and further convicting them under Section 304-B/341.P.C. and sentencing them to undergo rigorous imprisonment for ten years each.4. The facts of the case, wrapped in brevity, are that the marriage of the deceased ...
Uttaranchal State Road Transport Corporation Through Regional Manager ...
Court: Allahabad
Decided on: May-08-2008
Reported in: 2008(4)AWC3252(All)
Amitava Lala, J.1. Since both the appeals are almost similarly placed arising out of the selfsame accident, the same are heard analogously and decided by this common judgement.2. The aforesaid both the appeals have been preferred by the Uttaranchal State Road Transport Corporation (hereinafter in short called as the 'Corporation) against the judgement/s and order/s dated 28th January, 2008 passed by the concerned Motor Accident Claims Tribunal, Bijnor. In F.A.F.O. No. 1392 of 2008 the awarded amount of compensation is Rs. 4,58,300/- along with interest @ 6% per annum and in F.A.F.O. No. 1393 of 2008 it is Rs. 4,84,700/- along with similar rate of interest.3. Learned Counsel appearing for the Corporation contended before this Court that it is a case of contributory negligence since the offending vehicle was seen by the motor cycle rider from the distance. To that extent he relied upon the judgement of the Supreme Court reported in : AIR2006SC1255 (Bijoy Kumar Dugar v. Bidya Dhar Dutta a...
United India Insurance Co. Ltd. Vs. Smt. Kushma Devi and ors.
Court: Allahabad
Decided on: May-08-2008
Reported in: 2008(4)AWC3438
Rajes Kumar and S.S. Chauhan, JJ.1. The present first appeal from order is directed against the judgment and award dated 29.9.2004, passed by the Motor Accident Claims Tribunal, Raibareli in M.A.C.P. No. 167 of 2001, Smt. Kushma Devi and Ors. v. Chandra Bhan and Ors.2. The facts in brief are that on 12.11.2000 at about 4 a.m. when the tractor was carrying passengers for the purposes of holy dip in river Ganga met with an accident near Hanuman Mandir at Maharajganj, Raibarelly Road, in which the deceased Ram Bhajan was also going for holy dip in river Ganga. The deceased succumbed to his injuries on the spot. Thereafter claim petition was filed by the claimants alleging therein that they are entitled for compensation as contemplated under the Motor Vehicles Act (hereinafter referred to as the 'Act').3. Written statements were filed by the owner as well as by the driver in the claim petition and they stated that no accident has taken place from their tractor and neither their tractor was...
Chhedi Ram Maurya Vs. Uttar Pradesh Basic Education Board and ors.
Court: Allahabad
Decided on: May-08-2008
Reported in: 2008(4)AWC3546
Devi Prasad Singh, J.1. Heard Shri Vyas Naraln Shukla the learned Counsel for the petitioner and Shri Vinay Mishra learned Counsel holding brief of Smt. Nalini Jain for the respondents.2. Petitioner has approached this Court under Article 226 of the Constitution of India being aggrieved by the order passed by the opposite parties denying the payment of post retiral dues.3. The brief fact of the case is that petitioner initially appointed on the post of peon on 1.8.1964 in Girls Junior High School, Amethi district Sultanpur. On 22.11.1967, petitioner was transferred to Girls Junior High School, Gauriganj, Sultanpur. With effect from 1.8.1972 petitioner was being paid regular pay scale admissible under Rules. Petitioner was also permitted to cross Efficiency Bar in the year 1981. From 1.1.1986 when salary of the employees were revised in pursuance to pay commission report the petitioner's pay scale was also revised to 750-940. However, petitioner was being paid salary at the rate of Rs. ...
Hari Saran Shankar Srivastava Vs. Deputy Director of Consolidation and ...
Court: Allahabad
Decided on: May-08-2008
Reported in: 2008(4)AWC3815
S.K. Singh, J.1. This matter was taken up in the revision of list.2. Heard Sri K.S. Chauhan, learned advocate in support of this petition. No body appears for the respondents.3. Challenge is to the judgment of the Deputy Director of Consolidation, appellate authority and that of the Consolidation Officer by which claim of petitioner to the land in dispute has been rejected.4. Proceedings are under Section 9A(2) of U.P.C.H. Act which Is in respect to adjudication of dispute of title/right between the parties.5. The question Involved in this petition is that although properties in dispute are neither mentioned in the body of the Will nor in the Schedule but other properties are mentioned In the body and Schedule of the document, then whether non-mentioned properties in the document has to pass on the claimant/petitioner or not6. On brief narration of facts, about which there may not be any dispute, the petition can be conveniently disposed of.7. In the basic year record, Laxmi Narain Sri...
Kanchan Singh Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: May-08-2008
Reported in: (2009)221CTR(All)456
Rajes Kumar, J.1. By means of the present petition, petitioner has challenged the order of the CIT-I, Lucknow dt. 12th June, 2007 passed under Section 264 of the IT Act, 1961 (hereinafter referred to as 'Act'), by which the assessment order passed by the ITO, Lucknow dt. 12th June, 2007 for the asst. yr. 2004-05 has been confirmed and the revision petition of the petitioner has been rejected.2. Brief facts giving rise to the present petition are that the petitioner filed the return for the asst. yr. 2004-05 showing the short-term capital loss of Rs. 1,76,957.63p. Along with the return petitioner has filed computation of income and four copies of Resurgent India Bonds (hereinafter referred to as 'bonds'). In the computation of the income, the petitioner had shown the receipt of Rs. 26,78,504 received as a gift in the form of bonds of 40,000 US dollars. The gift was claimed to have been received from Shri Kishore Chhagan Lal Kapadia, an NRI who was living in New Jersy, USA. A sum of Rs. ...
Alankar Mandir Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: May-07-2008
Reported in: (2008)217CTR(All)288
1. This is an appeal under Section 260A of IT Act (hereinafter referred to as the 'Act') directed against the order of Tribunal dt. 20th April, 2007 for the asst. yr. 1986-87 passed in ITA No. 188/A11/1997, CIT us. Alankar Mandir Deoria.2. With the consent of the parties, the appeal is being disposed of at this stage. The main question involved in the present appeal is:Whether in view of the fact that the declaration certificate has been issued under the KVSS, 1998 for the assessment year in dispute the Tribunal was justified in deciding the appeal filed by the Revenue before the Tribunal against the order of CIT(A)?3. Learned Counsel for the appellant submits that issue involved in the present case is squarely covered by the decision of Madhya Pradesh High Court in the case of Agro Engg. (MP) (P) Ltd. v. CIT (2007) 209 CTR (MP) 417 : (2007) 162 Taxman 143 (MP). A copy of which has been produced before this Court, in which it has been held that in case of acceptance of declaration unde...
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