Allahabad Court August 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Triveni Glass Limited Through Its Deputy General Manager (Sales and P. ...
Court: Allahabad
Decided on: Aug-12-2008
Reported in: (2009)23VST234(All)
Prakash Krishna, J.1. The only point mooted in the present revision is whether 'tinted glass sheets manufactured by the applicant is liable to be taxed as 'goods or wares' made of glass under the notification No. 5784 dated 7.9.1981 being Entry No. 4 or as unclassified item.2. The dispute relates to the assessment year 1996-97 under the U.P. Trade Tax Act. The facts of the case are not much in dispute and may be noted in brief.3. The applicant is engaged in the manufacture and sale of sheet glass, figured glass, neutral glass tubes in its factory situate at Iradatganj, Allahabad. The Assessing Authority during the course of the assessment proceeding found that one of the items manufactured by it in furnace No. 4 is tinted sheet glass, which according to it is unclassified item taxable at the rate of 15 per cent. The case set out by the dealer applicant was that the tinted sheet glass is nothing but 'glass' in its primary sense and as such it is covered by the notification No. 5784 date...
Bhagwat Swaroop Son of Surajan Singh and ors. Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Aug-12-2008
Reported in: 2009(1)AWC759
Amitava Lala, J.1. All the aforesaid appeals are arising out of the proceedings for acquisition of land of village Mandola situate by the side of road in between Delhi and Bagpat. The acquired land was taken for the purpose of instaling a project of National Thermal Power Corporation Ltd. and not for any residential or commercial purpose. Some of the appeals are made by the claimants and the others are by M/S Power Grid Corporation of India Ltd. (hereinafter referred to as the corporation).'We have clubbed together all the appeals and analogously heard.2. The Special Land Acquisition Officer (hereinafter referred to as the S.L.A.O.) collected several sale deeds for the purpose of determination of value of the acquired land and held that Rs. 20/- per square yard will be the appropriate value of the land on the basis of various exemplar sale deeds.3. Before the court of reference an argument was advanced on behalf of the claimants that the sale deed of Rs. 132.33 P. per square yard will ...
Km. Sarita Yadav D/O Sri Ram Belas Yadav Vs. State of U.P. Through Pri ...
Court: Allahabad
Decided on: Aug-12-2008
Reported in: [2008(119)FLR473]
Sudhir Agarwal, J.1. A selection for the post of Shiksha Mitra was made in year 2005 for the session 2005-06 wherein the petitioner was placed at serial No. 3. The Gram Shiksha Samiti recommended for appointment in favour of the candidate, who was at serial No. 1, but subsequently after receiving some complaints when an enquiry was made, it was found that the mark sheets submitted by the said candidate was not genuine and. therefore, he was not issued any appointment letter. The candidate next in the order of merit got married and, therefore, she was also not recommended for appointment. In the circumstances, the petitioner claimed that he. being next in the merit list, ought to have been appointed and made representation dated 9.3.2007 to the District Magistrate, which having not been decided, he approached this Court in Writ Petition No. 17449 of 2008 which was disposed of by this Court on 4.4.2008 with the following order:The petitioner was a candidate for appointment to the post of...
U.P. State Road Transport Corporation Through the Regional Manager Vs. ...
Court: Allahabad
Decided on: Aug-12-2008
Reported in: [2008(119)FLR710]
Rakesh Tiwari, J.1. Heard counsel for the petitioner and the standing counsel.2. This petition has been filed challenging the validity and correctness of the award dated 1.7.1996 passed by labour court (II), U.P., Ghaziabad in adjudication case No. 17 of 1992. The aforesaid award was enforced by publication on the notice board on 15.11.1996 and has come into force after thirty days of its publication as provided under Section 6-A(3) of U.P. Industrial Disputes Act, 1947.3. The facts in nutshell as culled out from the record, are that respondent No. 3 was working on the post of conductor in petitioner corporation. On 18.12.1989, he was deputed on bus No. UPP 9096 on Gulawati Syana route. The bus was checked enroute and it was found by the checking party that out of 36 passengers, 23 passengers were travelling without ticket and about 100 Kgs. of luggage which was being carried on the bus, had not been booked. When checking party demanded way bill, the respondent workman refused to hand ...
Pooran Chand (D) Through L.Rs. Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Aug-12-2008
Reported in: 2009(1)AWC60
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 No. 2, Shiv Swarup Sharma, on the ground of bona fide need under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, against Pooran Chand. In the application Jagdish Swarup Sharma and Shanti Swarup Sharma were impleaded as pro forma opposite parties. (They are respondent Nos. 3 and 4 in this writ petition.) It was alleged in the release application that Shiv Swarup Sharma and Shanti Swarup Sharma were joint owners of the house in dispute, however, the applicant and they had partitioned their properties among themselves and house in dispute had fallen in the share of the applicant Shiv Swarup Sharma.3. Release ' application was registered as Case No. 12 of 1978 and was dismissed by prescribed authority / Munsif Khurja through judgment and order dated 5.9.1983. Against the said judgment a...
Sahab Saran Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-12-2008
Reported in: [2008(119)FLR939]
Devi Prasad Singh, J.1. Heard learned Counsel for the parties.2. Instant writ petition under Article 226 of the Constitution of India has been filed against the decision taken to recover the amount paid to the petitioner in higher grade.3. It has been submitted that revised pay scale was given to the petitioner from 1.1.1996. In the meantime, adverse entry was awarded to the petitioner in the year 1994-95. On account of adverse entry granted to the petitioner, he was not entitled for higher pay scale from 1.1.1996. According to the impugned order, higher pay scale should be given to the petitioner after five years of continuous service i.e. from 1997.4. While assailing the impugned order, learned Counsel for the petitioner raised two fold arguments. Firstly, in case revised higher pay scale was paid to the petitioner, he cannot be held responsible for it. Accordingly, the respondents have got no right to recover the amount paid to him. The other submission is that the adverse entry awa...
Mahesh Prakash Gupta Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Aug-12-2008
Reported in: (2009)26VST359(All)
Prakash Krishna, J.1. These three revisions are directed against a common order dated August 7, 1996 passed by the Trade Tax Tribunal, Kanpur in three connected Second Appeal Nos. 755 of 1993 for the assessment year 1987-88, 754 of 1993 for the assessment year 1988-89 and 756 of 1993 for the assessment year 1989-90 whereby and whereunder the Tribunal has dismissed all the three second appeals preferred by the dealer who is applicant in these revisions.2. The applicant is a registered dealer under the U.P. Trade Tax Act, 1948 and was granted licence for sale of levy cement under the provisions of the U.P. Cement Control Order, 1972. The cement imported by him from outside the State of U.P. was taxable at the point of sale in the three relevant assessment years, i.e., 1987-88, 1988-89 and 1989-90. All the three authorities below have rejected the account books of the dealer and have framed best judgment assessment order.3. Heard Sri Rishi Raj Kapoor, learned Counsel for the applicant and...
Smt. Kavita Kumar Widow of Late Sri Ajay Kumar Vs. the State of U.P. T ...
Court: Allahabad
Decided on: Aug-11-2008
Reported in: [2008(119)FLR787]
V.M. Sahai and S.P. Mehrotra, JJ.1. The present writ petition has been filed, inter-alia, praying for issuance of writ in the nature of mandamus for award of interest on the delayed payment of the retiral benefits payable in respect of the deceased husband of the petitioner.2. We have heard Sri Vipin Saxena, learned Counsel for the petitioner and Sri A.N. Shukla, learned standing Counsel appearing for the respondents No. 1 to 4.3. The husband of the petitioner Ajay Kumar was working as Assistant Engineer in the Irrigation Department of the State of U.P. He died in service while he was posted at Saharanpur on 30.11.1994. The respondents did not pay his post-retiral benefits including family pension on the ground that some advances were outstanding against him. From the enquiry report filed as Annexure-1 to the writ petition, it is clear that the petitioner was transferred from Kanpur to Saharanpur in August 1986. But the then Executive Engineer Sri P.P.N. Singh kept on withdrawing the m...
Shyam Dhar Vs. Presiding Officer, Labour Court and ors.
Court: Allahabad
Decided on: Aug-11-2008
Reported in: 2009(1)AWC984
Devi Prasad Singh, J.1. Heard Sri R.S. Pandey, the learned Counsel for the petitioner and Sri Jai Shanker Mishra, learned standing counsel.2. Affidavits have been exchanged and with the consent of parties counsel I proceed to decide the writ petition at the admission stage.3. The petitioner's father late Sri Hanuman Prasad was a mechanic in Lok Nirman Vibhag. According to petitioner's counsel, he was working against regular establishment and was a permanent employee of the department. He died in-harness on 18.4.1983. After his death, the petitioner applied for appointment on compassionate ground. Accordingly, the petitioner was given appointment on compassionate ground on the post of chowkidar. The petitioner raised dispute before the labour court raising plea that he cannot be appointed on temporary basis under work charge establishment. Since the petitioner's father was working against regular establishment, he was entitled to be appointed as regular employee. Other plea was that he ...
Ram Kalp Yadav and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-11-2008
Reported in: 2009(1)AWC972
Rajiv Sharma, J.1. Heard Dr. L.P. Misra, learned Counsel for the petitioners as well as Sri S.K. Mehrotra, counsel for the contesting respondents and learned standing counsel.2. In the instant writ petition, the petitioners have questioned the validity and correctness of the order dated 3.7.2008 passed by Deputy Registrar, Funds, Societies and Chits, Faizabad inter alia on the grounds that the order is without jurisdiction as Deputy Registrar has no power under law to review its own earlier order; the order has been passed on technicalities; and further has directed for holding an election under District Basic Shiksha Adhikari, Sultanpur, as Election Officer.3. Brief facts of the case are that Lauhar Paschim Maharishi Dayanand Inter College, Lauhar Paschim, Sultanpur, is a recognized intermediate college, which is run by a society registered under the Societies Registration Act, 1860 in the name and style of Lauhar Paschim Maharishi Dayanand Junior High School Society. The college is o...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- Next ›
- Last »