Allahabad Court July 2008 Judgments
Abdul Jabbar Vs. Sri Niwas Gupta
Court: Allahabad
Decided on: Jul-31-2008
Reported in: 2008(4)AWC4109
Sanjay Misra, J.1. Heard Sri M. Islam learned Counsel for the revisionist and Sri Ravindra Nath Mishra holding brief of Sri J. Nagar on behalf of the opposite party.2. This is a civil revision under Section 115 of the Code of Civil Procedure against the order dated 9.9.1991 passed in Execution Case No. 214/74 of 1991. Abdul Jabbar v. Sri Niwas Gupta, whereby the objection filed by the revisionist to an application under Order XXI, Rule 95, C.P.C. has been rejected by holding that the revisionist/obstructor to the decree, can move an application under Order XXI, Rule 99, C.P.C. only after he has been ejected from the property in question and the application under Order XXI, Rule 95, C.P.C. has been allowed.Learned Counsel for the revisionist has submitted that he had filed an objection to the application of the decree holder under Order XXI, Rule 95, C.P.C. Such objection was filed by the revisionist claiming independent title and possession over the property in question since the time ...
Tag this Judgment!Tara Shankar Pandey Vs. Surya Kumar Pandey
Court: Allahabad
Decided on: Jul-31-2008
Reported in: 2008(4)AWC4192
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent against the tenant on the ground of bona fide need under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Rent Case No. 100 of 1992. Prescribed Authority/VIth Additional Chief Metropolitan Magistrate, Kanpur Nagar dismissed the release application through judgment and order dated 18.3.1999. Against the said judgment and order Surya Kumar Pandey landlord respondent filed Rent Appeal No. 71 of 1999, A.D.J. Court No. 12, Kanpur Nagar, through judgment and order dated 22.7.2004 allowed the appeal, set aside the order passed by the prescribed authority and allowed the release application of landlord-respondent, hence this writ petition by tenant petitioner.3. Property in dispute consists of two rooms, common latrine, bath room and balcony on the first floor of house No. 128/2...
Tag this Judgment!Amir Hasan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-30-2008
Reported in: 2008(4)AWC3863
Sabhajeet Yadav, J.1. This petition is directed against the judgment and order dated 8.11.2002, passed by Special Judge/Additional District Judge, Shahjahanpur in Reference No. 62 of 1997, Sabbir Hasan v. State of U.P. and Ors., whereby delay condonation application moved by the petitioner along with substitution application in pending reference has been rejected.2. The reliefs sought in the writ petition rest on the assertions that the plot Nos. 76/1, 82/1, 89/1, 90, 74 situated in Village Tilhar Qasba, District Shahjahanpur belonging to Sabbir Hasan were acquired under the provisions of Land Acquisition Act, 1894, for which the award was given by the Collector on 14.1.1997. Feeling aggrieved against the aforesaid award Sabbir Hasan had moved application under Section 18 of the Land Acquisition Act requiring the Collector to make reference for enhancement of compensation, which was registered as L.A. Reference No. 62 of 1997 and was pending in the Court of 9th Additional District Judg...
Tag this Judgment!Kesar Enterprises Limited (Distillery Division) Through Shri H.S. Mali ...
Court: Allahabad
Decided on: Jul-30-2008
Reported in: 2009(1)AWC314
Prakash Krishna, J.1. By means of the present petition, the petitioner has sought quashing of the order dated 28-11-2006 passed by the State of U.P. in excise revision No. 100 of 2006 and mandamus directing the respondents to adjust the bottling licence fee paid by the petitioner distillery during the currency of the excise year, in advance the minimum licence fee of Rs. 2,00,000/- at the end of the excise year, as provided under rule 5(ii) of the 2003 Rules and to direct the respondents to adjust the amount of Rs. 18,00,000/- realised from the petitioner in the subsequent fee to be paid by the petitioner, with other usual reliefs.2. The petitioner was holder of a licence in form, FL-3 for bottling of Indian made spirit/in bond without payment of duty/after payment of duty and a licence in form FL-3A, for bottling of the foreign liquor, on the basis of an agreement for bottling brands of M/S Amrit Distillery Ltd. Bangalore. It has been further stated that the Excise Commissioner vide o...
Tag this Judgment!Ashok Kumar Tiwari and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-30-2008
Reported in: 2008CriLJ4668
ORDERVinod Prasad, J.1. A family of Dina Nath Tiwari consisting of himself, his wife Smt. Ram Dulari, son Ashok Kumar Tiwari along with Smt. Nirmala w/o Bharat Tiwari have invoked my inherent jurisdiction with the prayer that entire proceedings of Case No. 574 of 2008. State v. Ashok Kumar Tiwari and others arising out of Crime No. C-131/2007, Under Section 498-A, 304-B and 201 of IPC and Section 3/4 of Dowry Prohibition Act, P.S. Sahatwar, District Ballia, pending in the Court of Judicial Magistrate 1st, Ballia be quashed. The ancillary prayer is to stay further proceedings of the aforesaid case pendente lite.2. The background facts are that Reena Tiwari d/o informant Prem Shanker Tiwari respondent No. 2 was married with Ashok Kumar Tiwari applicant No. 1 s/o Dina Nath Tiwari and Smt. Ram Dulari applicant Nos. 2 and 3. Reena Tiwari however, was murdered and in respect of her death, her brother Krishna Kant Tiwari s/o respondent No. 2 Prem Shanker Tiwari lodged a FIR as Crime No. 149 o...
Tag this Judgment!Mata Prasad Singh Alias Dippu Singh S/O Lalla Singh Vs. Surya Mani Tew ...
Court: Allahabad
Decided on: Jul-30-2008
Reported in: 2009(1)AWC489
Poonam Srivastav, J.1. Heard Sri Sankatha Rai, learned Counsel for the Defendant-appellants and Sri R.N. Singh Senior Advocate, assisted by Sri Rajeev Kumar Srivastava, counsels for the Plaintiff-respondents.2. This is defendants' second appeal arising out of a decree dated 16.4.1982 passed by the District Judge, Mirzapur in Civil Appeal No. 186 of 1980 confirming the judgment and decree dated 27.8.1980 passed by the 1st Additional Munsif, Mirzapur in Suit No. 322 of 1979.3. The suit was instituted with the relief for perpetual injunction against the defendant-appellants restraining them from interfering with the physical possession over the land shown by Cha, Chha, Ga, Gha (hereinafter referred to as the disputed land) and also to restrain the appellants from raising any construction over the disputed land. The other reliefs were that in the event, it is found that any construction is raised over the disputed land, the same may be directed to be demolished and the plaintiffs be put in...
Tag this Judgment!Commissioner of Income-tax Vs. Shyam Lal Agrawal (Huf)
Court: Allahabad
Decided on: Jul-30-2008
Reported in: [2009]178TAXMAN227(All)
ORDER1. The following two questions are referred to this Court under the Income-tax Act:(i) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in law in holding that there was a valid partial partition of the assessee's HUF which consisted of only one male member ?(ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in law in accepting the claim of the assessee for deduction of interest paid to the members of his family ?2. The facts as mentioned in the referring order is as follows:. The assessees were two HUFs namely, Sri Shyam Lal Agrawal (HUF) and Sri Raj Kumar Agrawal (HUF). The Shyam Lal Agrawal (HUF) is consisted of Shyam Lal Agrawal, his wife and two minor sons. The Raj Kumar Agrawal (HUF) consisted of Raj Kumar Agrawal, his wife and his minor daughter.. The assessees filed applications on 21 -10-1977 before the Income-tax Officer ('the ITO') alleging that there has been a partial partiti...
Tag this Judgment!Commissioner, Trade Tax Vs. Kansal Iron Store
Court: Allahabad
Decided on: Jul-30-2008
Reported in: (2009)24VST378(All)
Prakash Krishna, J.1. Questioning the legality and validity of the order passed by the Trade Tax Tribunal, Meerut, in Second Appeal No. 86 of 1996, dated May 31, 2000, the present revision has been filed by the Commissioner of Trade Tax.2. The dispute relates to the assessment year 1984-85. The dealer-opposite party was carrying on the business of manufacture and sale of oil. It disclosed its turnover at Rs. 36,94,477 but admitted no tax liability. In spite of opportunity granted to the dealer-opposite party, it failed to participate in the assessment proceedings. Consequently, the assessing authority by the order dated October 21, 1995, after rejecting the contentions of the dealer that the said turnover is not taxable, levied the tax to the tune of Rs. 2,57,900. The case set out by the dealer-opposite party was that it had made purchases within the State of U.P. and since the oil is taxable at the point of 'manufacture' or 'import', no liability can be fastened on it. The assessment ...
Tag this Judgment!Belmaks Automotives Limited Vs. Commissioner of Commercial Tax
Court: Allahabad
Decided on: Jul-30-2008
Reported in: (2010)27VST520(All)
Prakash Krishna, J.1. Heard the counsel for the parties.2. Shri B. K. Pandey, learned Standing Counsel, agreed that instead of hearing the revision for admission, the revision may be heard and decided finally. With the consent of the counsel for the parties, the revision is being decided finally.3. The applicant, a private limited company registered under the Companies Act established a unit at D-9, Panki, Site-1, Kanpur for the purposes of manufacture and sale of auto parts. For some reason, the applicant decided to close down the said unit with effect from March 31, 2007. The information of the closure of the unit was given to the Trade Tax Department. Due to the closure of the unit, the applicant decided to shift the office goods from the State of U. P. to State of Uttaranchal, to its sister concern. For this purpose, the office equipment such as chairs, tables, almirahas, gas cylinder, electric fittings, etc., were being transported from State of U. P. to the sister concern known a...
Tag this Judgment!M.K. Bajpai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-29-2008
Reported in: 2008(4)AWC3851
Ashok Bhushan and Arun Tandon, JJ.1. Heard Sri R.K. Ojha, assisted by Sri Alok Dwivedi, learned Counsel for the appellant and Sri P.S. Baghel. learned Counsel for the respondent No. 6 as well as learned standing Counsel representing the respondents No. 1 to 4.2. This is an appeal against the order dated 25.6.2008, passed by the learned single Judge in writ petition filed by the appellant petitioner. The brief facts giving rise to this appeal are; that L.P. Inter college, Kanpur Nagar is a recognised aided Intermediate College. The Principal of the institution retired on 30.6.2003. The appellant was appointed as Officiating Principal of the institution being senior-most Lecturer and started functioning. The District Inspector of Schools passed an order dated 13.1.2004, declaring the respondent No. 6 as senior-most Lecturer and directing that respondent No. 6 will function as Officiating Principal. The appellant filed Writ Petition No. 1979 of 2004, which was allowed by this Court on 27....
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