Allahabad Court August 2008 Judgments
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U.P. State Handloom Corporation Ltd. Through Its Managing Director Vs. ...
Court: Allahabad
Decided on: Aug-19-2008
Reported in: [2008(119)FLR498]
Shishir Kumar, J.1. By means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the award dated 19.4.2006 passed by Presiding Officer-I, U.P. Kanpur in Adjudication Case No. 151 of 2002 which was published on 24.6.2006, Annexure-1 to the writ petition.2. The petitioner U.P. State Handloom Corporation being employer has approached this Court for setting aside the aforesaid award by which the Labour Court has directed the petitioner that respondent-workman be treated on the post of Senior Salesman from 1.4.1981 and from 1.1.1986 be treated as Depot Manager Grade-II and accordingly the salary be paid to the respondent-workman. The respondent-workman who was an employee of the petitioner, as he was denied promotion on the post of Senior Salesman and subsequently on the post of Depot Manager Grade-II, raised a dispute before the labour court on the basis of the reference by the State Government. For the ready reference, the refere...
Gyanendra Veer Singh S/O Shri Virendra Pal Singh, Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Aug-18-2008
Reported in: 2009(1)AWC676
Sudhir Agarwal, J.1. The petitioners seeking a writ of mandamus directing respondent No. 2 not to proceed with selection of part time Assistant Teacher in pursuance of advertisement dated 11.6.2008 and further mandamus directing respondents not to interfere in working of petitioners as Part Time Assistant Teachers till regular selection is made and pay their salary regularly, have approached this Court by invoking extraordinary jurisdiction of this Court under Article 226 of Constitution of India.2. The case of the petitioners is that in the institution known as Sunasir Nath Inter College, Banda, Shahjahanpur (hereinafter referred to as the institution') petitioners No. 1 and 2 were appointed as Part Time Assistant Teacher on 31.7.1995 whereas petitioner No. 3 was appointed as Assistant Teacher on part time basis on 25.7.2000. The institution is aided only upto Junior High School though recognised upto Intermediate level by the Board of U.P. but it is not aided by the Government and re...
A.H. Wheeler and Co. Pvt. Ltd. Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Aug-18-2008
Reported in: (2009)25VST5(All)
Prakash Krishna, J.1. All these revisions relate to the assessment years 1992-93 to 1995-96 (U.P. and Central).2 These revisions were heard together and are being disposed by a common judgement as jointly prayed by the learned Counsel for the parties. They submit that all these revisions relate to one assessee and identical question of law and fact are involved therein. The argument was advanced with reference to the facts of the Trade Tax Revision No. 1047 of 2000 relevant to the assessment year 1994-95 (Central).3 The applicant, a private limited company, is carrying on business in sports goods. It also manufactures sports wears such as tennis shirts, hockey/football jerseys, cricket-playing lowers, T-shirts, pullovers, sports caps, wrist bands, jogging suits, tract suits, etc. It claimed that these goods are taxable under the U.P. Trade Tax Act, 1948 as sports goods at the rate of three per cent for the years 1992-93 to 1994-95 (up to September 30, 1994), at the rate of two per cent...
Commissioner, Trade Tax Vs. Lakhichand Raj Kumar and Sons
Court: Allahabad
Decided on: Aug-18-2008
Reported in: (2009)24VST138(All)
Prakash Krishna, J.1. The present revision is directed against the order dated April 7, 2000 passed by the Trade Tax Tribunal in Second Appeal No. 1170 of 1994-95 whereby and whereunder it has fixed the turnover of coal at Rs. 3,24,000.2. The dealer-opposite party carries on the business of purchase and sale of foodgrains, oilseeds, rice bran, coal, etc. The dispute in the present revision is confined with regard to turnover of coal only which was assessed at Rs. 7,20,000 by the assessment order dated March 30, 1998. The said order was confirmed by the first appellate authority by the order dated December 7, 1998 and has been modified by the Tribunal by the order under revision.3. In the memo of revision, the following questions of law have been sought to be raised:(i) Whether the Trade Tax Tribunal was legally justified to hold that the inward freight paid for the purchase of coal is not part of the turnover ?(ii) Whether the Trade Tax Tribunal was legally justified to allow the adjus...
Commissioner, Trade Tax Vs. Sondh Sons
Court: Allahabad
Decided on: Aug-18-2008
Reported in: (2009)26VST458(All)
Prakash Krishna, J.1. The present revision is directed against the order dated March 13, 2000 passed by the Trade Tax Tribunal, Moradabad in Second Appeal No. 523 of 1999 relevant to the assessment year 1995-96.2. The dealer-opposite party carries on the business of air-conditioners, its accessories and component part of air-conditioners. The dealer-opposite party admitted the tax liability on mefron gas at the rate of ten per cent. The assessment order was framed accordingly on January 6, 1998. Subsequent thereto, the assessing officer initiated proceeding under Section 22 of the U.P. Trade Tax Act, 1948 on the ground that the said commodity is liable to be taxed at the rate of 15 per cent. In other words, the assessing authority was of the view that the commodity in question is not liable to be taxed at the rate of ten per cent. The assessing officer rectified the mistake by passing the order dated March 31, 1999 under Section 22 of the Act levying tax on the said commodity at the ra...
Tungeshwar Nath Aged About 32 Years Son of Sri Chhote Lal Chaurasia Vs ...
Court: Allahabad
Decided on: Aug-14-2008
Reported in: 2009(1)AWC761; [2008(119)FLR196]
Ashok Bhushan and Arun Tandon, JJ.1. This is an appeal against the judgment and order dated 29th July, 2008 passed by the learned Single Judge dismissing the writ petition filed by the appellant. The writ petition was directed against the order dated 02nd July, 2008 passed by the Advocate General, by which the selections on Class-IV posts made in the year, 2005 have been cancelled. Facts in brief for deciding this special appeal are as follows:2. In the year 2005 appointment on vacant class IV posts in the office of Advocate General at U.P. and in the office of Government Advocate at Allahabad were made in the year 2005. Writ Petition No. 1200 of 2006; Vivek Kumar and Ors. v. State of U.P. and Ors. was filed before this Court questioning the said selections. In the writ petition a statement was made by the learned Advocate General that in view of the discrepancies noticed in selections, a decision has been taken to cancel the selections held for Class-IV posts in the office of Advocate...
U.P. State Road Transport Corporation Through Its Regional Manager Vs. ...
Court: Allahabad
Decided on: Aug-14-2008
Reported in: [2008(119)FLR408]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed challenging the validity and correctness of the impugned award dated 29.2.2000 passed by respondent No. 2, Labour Court (2), Kanpur in Adjudication Case No. 319 of 1994.3. It appears from the impugned award dated 29.2.2000 that the Labour Court has found the misconduct of respondent No. 1 workman committed by him on 6.3.86 and 4.3.384 for carrying passengers without tickets to be fully proved but the misconduct for carrying passengers without tickets on 10.7.84, 14.7.85, 6.4.84 and 23.2.87 has not been proved. The Labour Court has noted that on 6.3.86 the workman caught red handed on checking for carrying 10 passengers without ticket in the bus and on 4.3.84 he was again carrying one passenger without tickets in the bus.4. At the time of admission, the Court vide order dated 17.7.2000 stayed the operation of the impugned award until further orders provided the petitione...
Prahalad Gaur Vs. State of U.P.
Court: Allahabad
Decided on: Aug-14-2008
Reported in: 2009CriLJ153
ORDERA.K. Roopanwal, J.1. This revision is directed against the judgment and order dated 25-10-2007 passed by the Additional Sessions Judge, Court No. 11/ Special Judge (Gangster act), Varanasi, in Criminal Appeal No. 122 of 2007, whereby the order passed by the Juvenile Justice Board, Ram Nagar, Varanasi, dated 27-9-2007 in Case Crime No. 535 of 2007, Under Section 3(1) U. P. Gangster and Anti Social Activities (Prevention) Act, Police Station Saidpur, District Ghazipur, was endorsed and the appeal was dismissed.2. It appears from the record that the revisionist was facing trial in Crime No. 535 of 2007, Under Section 3(1) U. P. Gangster and Anti Social Activities (Prevention) Act. In this case he moved an application for bail before the Juvenile Justice Board, Ram Nagar, Varanasi. That application was rejected. Against that order he preferred an appeal, which was numbered as Criminal Appeal No. 122 of 2007. This appeal was dismissed by the impugned judgment and order dated 25-10-2007...
Naresh Chandra Bhargava Vs. Chairman, Employees' State Insurance Corpo ...
Court: Allahabad
Decided on: Aug-14-2008
Reported in: [2008(119)FLR80]; (2009)ILLJ347All
Rakesh Tiwari, J.1. Heard Sri R.P. Yadav, counsel for the petitioner and Sri Rajesh Tiwari appearing for the respondents.Contention of the counsel for petitioner is that petitioner is Principal employer of the Unit M/s. Paper Packaging Company, Mohatsim Ganj, Allahabad which is basically engaged in making small paper packets for different purposes such as containing medicines etc. It is urged that on inspection being made, the Inspector under ESI found that working in the petitioner establishment is done manually and strength of the establishment is not more than 8 employees. However, respondent No. 3. Deputy Director/Recovery Officer, ESI, Kanpur is said to have issued a notice demanding Rs. 67428/- towards ESI contribution without considering the record and a recovery certificate in this regard has also been issued for recovery of the aforesaid amount with interest.2. It is contended by counsel for the petitioner that the petitioner had filed a representation dated June 3, 2008 befor...
Rama Nath Vs. Special Chief Judicial Magistrate
Court: Allahabad
Decided on: Aug-14-2008
Reported in: [2009]185TAXMAN381(All)
A.K. Roopanwal, J.1. As all the above applications under Section 482, Cr.P.C. have the same question for decision, hence, these are being decided together.2. By means of Application No. 13189/87 a request has been made for quashing the entire criminal proceedings of Complaint Case No. 3255/87. Application No. 13190/87 has been moved for quashing the entire criminal proceedings of Complaint Case No. 3253/87. Application No. 13191 /87 has been moved for quashing the entire criminal proceedings of Complaint Case No. 3256/87. Application No. 13192/87 has been moved for quashing the entire criminal proceedings of Complaint Case No. 4287/87. Application No. 13193/87 has been moved for quashing the entire criminal proceedings of Complaint Case No. 3252/87.3. It appears from the facts of the case that the applicant was an assessee of the Income-tax Department during the assessment years mentioned in the complaints which are the subject-matter of these petitions. He filed the income-tax returns...
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