Allahabad Court August 2008 Judgments
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Commissioner, Trade Tax Vs. India Traders
Court: Allahabad
Decided on: Aug-11-2008
Reported in: (2009)26VST313(All)
Prakash Krishna, J.1. The present revision is against the order dated July 31, 2000 passed by the Trade Tax Tribunal in Second Appeal No. 68 of 2000 relating to the assessment year 1991-92. The facts of the case lie in a narrow compass. The dealer-opposite party carries on the business of raw hide and skin. He admitted no sales or purchase in the documents filed before the assessing authority. The assessing authority accepted the contention of the dealer-opposite party and passed the assessment order summarily. The said order has been revised by the Deputy Commissioner (Executive), Trade Tax, Moradabad in exercise of power conferred on him under Section 10B of the U.P. Trade Tax Act. The revising authority has found that on January 15, 1992, the dealer-opposite party was found transporting raw hide outside the State of U. P., on sale. This order has been set aside by the Tribunal by the order under revision. The Tribunal held that either the said information was not there or if it was ...
Dhan Raj Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-11-2008
Reported in: [2008(119)FLR822]
Tarun Agarwala, J.1. Heard Sri N.K. Singh, the learned Counsel for the petitioner, Sri B.P. Singh, the learned Counsel for the Basic Shiksha Adhikari and the learned Standing Counsel for the remaining respondents.2. The petitioner has filed the present writ petition praying for a writ of mandamus commanding the respondents to appoint him on the post of Assistant Teacher in primary institution in the District of Allahabad on the ground that the petitioner has a Buniyadi Prashikshan Certificate which is equivalent to the Basic Training Certificate and, which was recognized by the State of U.P. till the year 1997. The petitioner contends that he had obtained this certificate in the year 1973, and on this basis, he had applied for an appointment in the year 1995 and, at that moment of time, the Buniyadi Prashikshan Certificate was recognized by the State of U.P., as equivalent to the B.T.C. On this basis the petitioner contended that he had the requisite qualification for being appointed o...
State of U.P. Through Silvi Culturist Divisional Forest Officer (Resea ...
Court: Allahabad
Decided on: Aug-08-2008
Reported in: [2008(119)FLR723]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed against the order dated 16.8.2001 passed in Misc. Case No. 353 of 1999 passed by the Labour Court, U.P. Kanpur Nagar.3. Brief facts of the case are that an Adjudication Case No. 19 of 1991 was pending before the Labour Court. During the pendency of the said reference the workman was restrained from working, hence an application under Section 6-E of the U.P. Industrial Disputes Act, 1947 was moved by him before the Labour Court for adjudication of deemed reference under Section 6-F of the Act for violation of it provisions. Section 6-F of the U.P. Industrial Disputes Act, 1947 providing for adjudication in respect of dispute as to whether condition of service charged during the pendency of any proceedings before the Labour Court is as under:6-F. Special for adjudication as to whether the conditions of service, etc. changed during the pendency of proceedings- Where an emp...
Smt. Savitri Devi Widow of Shiv Kumar Singh Vs. the General Manager (P ...
Court: Allahabad
Decided on: Aug-08-2008
Reported in: [2008(118)FLR1160]
Tarun Agarwala, J.1. The petitioner's husband was employed as a peon-cum-watchman in the United Industrial Bank Limited and, while working in the erstwhile United Industrial Bank Limited, was retrenched by an order dated 11th January, 1988 by tendering 3 months' salary in lieu of notice and retrenchment compensation, as per the provisions of the Industrial Disputes Act.2. It transpires that the erstwhile Bank was amalgamated with the Allahabad Bank on 30th October, 1989 and the petitioner's husband also died on 4th August, 1989. The widow raised an industrial dispute before the Industrial Tribunal, Kanpur, being Adjudication Case No. 47 of 1994. The term of the Reference Order is:Whether the action of the management of the erstwhile United Industrial Bank Limited (since merged with Allahabad Bank), New Delhi in terminating the services of Shiv Kumar Singh, Watchman-cum-Peon (since expired on 28.03.1988) w.e.f. 11.01.1988 was justified?. If not, what benefits is his widow entitled to3. ...
Baleshwar and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-08-2008
Reported in: 2009CriLJ627
ORDERVijay Kumar Verma, J.1. By means of this application under Section 482 of the Code of Criminal Procedure (in short the 'Cr. P. C), the applicants have challenged the validity of impugned notice dated 2-11-2004 purporting to be issued under Section 111 Cr.P.C. by the S.D. M. Mawana, District Meerut.2. From the impugned notice (Annexure 1), it transpires that being satisfied with the report dated 2-11-2004 of S.O. P.S. Mawana, the S.D.M. Mawana District Meerut passed an order under Section 111 Cr.P.C. in the proceedings under Section 107/116 Cr. P. C. in Case No. 943/9 of 2004 (State v. Baleshwar and Ors.) and in pursuance of that order impugned notice was issued to the applicants to show cause as to why they be not ordered to execute a personal bond for Rs. 30,000/- and furnish two sureties each in the like amount to keep peace for a period of one year.3. Heard Sri. Manoj Vashisth learned Counsel for the applicants and learned AGA for the State.4. It was contended by the learned Co...
Ryon International School Karmachari Sangh Vs. State of U. P. and ors.
Court: Allahabad
Decided on: Aug-08-2008
Reported in: 2009(1)AWC111; [2008(119)FLR84]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. By the impugned order dated 7.10.2005 the State Government had refused to refer the Industrial Disputes raised by the petitioner on the ground that the demands raised by the petitioner union is not valid and the workers' union is not competent to raise this dispute. The impugned order dated 7.10.2005 is as under:izs'kd]lfpo] Je vuqHkkx&1mRrj izns'k 'kklu] iks0ck0 220dkuiqjAizsf'kr ea=hfj;ku b.Vj us'kuy Ldwy deZpkjhla?k izrki Hkou] uks,Mk xkSrecq) uxj Ala[;k @&@'kk[kk lfpoky; lh0 ch0&04@2003uks;M+k fj;ku b.Vjus'kuy Ldwy Afo'k;& vkS|ksfxd fookn la[;k&Mh0;&46] lsDVj&39uks;M+k m0iz0 rFkk muds Jfedks ds chpmRiUu vkS|ksfxd fookn izkFkhZ dks lwfpr fd;k tkrk gS fd mDr fookn dks ljdkjls vfHkfu.kZ; gsrq vuqi;qDr le>k gSA vr,o;g fookn nkf[ky nQ~rj dj fn;k x;k gSAdkj.k& ekaxks dk vukSfpR;iw.kZ gksuk rFkk Jfed la?kds okn izLrqr djus esa v{ke gksus ds QyLo:Ik Ag0 viBuh;mi Jek;qDr m0iz0d`rs fo'ks'k lfpo A3. Learned Co...
deevani Nyayalaya Karmachari Sangh, Kanpur Dehat Sakha Through Its Pre ...
Court: Allahabad
Decided on: Aug-07-2008
Reported in: 2009(1)AWC661
Sudhir Agarwal, J.1. Heard Sri Radha Kant Ojha for the petitioner, learned Startling Counsel for respondent No. 1 and Sri Amit Sthalekar for respondents No. 2 and 3. With the agreement of learned Counsel for the parties, the writ petition has been heard finally under the Rules of the Court at this stage and is being decided.2. An association namely, Dewwani Karmchari Sangh U.P., Kanpur Dehat through its President has filed this writ petition challenging the order dated 1.4.2008, passed by District Judge. Kanpur Dehat and dated 22.2.2008 issued by the State Government whereby it has held that employees of Judgeship Kanpur Dehat are not entitled or any City Compensatory Allowance (in short 'CCA') and House Rent Allowance (in short 'HRA') at the rate admissible at Kanpur Nagar.3. Brief facts giving rise to the present writ petition are as under:4. Sometimes in the year 1985 a new Judgeship 'Kanpur Dehat' was created by carving out certain areas from Kanpur and Kanpur itself was renamed as...
Chunvad Pandey Son of Shri Jagdhari Prasad Pandey Vs. State of U.P. Th ...
Court: Allahabad
Decided on: Aug-07-2008
Reported in: [2008(119)FLR825]
Sudhir Agarwal, J.1. Heard learned Counsel or the petitioner and learned Standing Counsel.2. The petitioner was transferred from civil police to armed police by the order passed by Deputy Inspector General of Police, Jhansi Range Jhansi on 19.4.1989. It is not disputed that the said order was carried out in 1989 and since then the petitioner is working in Armed Police. The present writ petition has been filed in 2008 and the petitioner has sought to explain laches of almost nineteen years by stating that in the year 2007 he made a representation to the higher authorities winch has been rejected on 1.3.2008 and. therefore, he is not guilty of laches and this petition should be entertained by this Court.3. Learned Counsel for the petitioner also submitted that a constable who has worked for less than ten years can only be transferred from Civil Police to Armed Police as contemplated in para 525 of U.P. Police Regulations and any transfer contrary thereto is illegal in view of the judgmen...
Kendriya Karamchari Sehkari Greh Nirman Samiti Ltd. Through Its Presid ...
Court: Allahabad
Decided on: Aug-07-2008
Reported in: 2009(1)AWC53
Amitava Lala, J.1. This appeal arises out of the order dated 30th May, 2006 passed by the Court below rejecting the application for interim injunction filed by the plaintiff, the appellant herein, in Original Suit No. 273 of 2006 (Kendriya Karamchari Sahkari Greh Nirman Samiti Ltd. v. New Okhla Industrial Development Authority).2. By consent of the parties, the appeal has been heard on the informal papers, however, upon exchange of affidavits.3. The plaintiff-appellant alleged to be a Co-operative Housing Society (hereinafter in short called as 'society') registered in the year 1975 under the U.P. Co-operative Societies Act, 1965. The appellant's case is that it has purchased 292 bighas of land situated in Village Chhalera of District Gautam Budh Nagar, commonly known as Noida, U.P. for housing purpose from the funds contributed by its members before acquisition by the State Government for New Okhla Industrial Development Authority (hereinafter in short called as 'NOIDA') established i...
Uttar Pradesh State Road Transport Corporation Through Its Regional Ma ...
Court: Allahabad
Decided on: Aug-07-2008
Reported in: [2008(119)FLR496]
Rakesh Tiwari, J.Heard Counsel for the parties.1. This writ petition arises out of an award dated 15.3.2000 passed by the labour court, U.P., Agra in adjudication case No. 57/2000.2. Respondent No. 1 - workman was appointed as conductor in petitioner corporation. On 3.6.1995 duty of the workman concerned was on bus No. UME 967, Fatehpur Sikri to Agra. At about 10 A.M. the said bus was checked by the checking staff at Orai and it was found that 64 passengers were travelling in the bus who had been issued tickets but complete entries had not been made in the way bill. It was also found that tough the workman had issued 14 tickets to the passenger but original of 29 tickets issued by the petitioner were not with the passengers. On enquiry, the workman told the checking staff that he had inadvertently dropped or had left the same in a beetal shop where the bus had stopped for taking passengers and that he will deposit original of 29 tickets also. The workman later on also submitted the ori...
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