Allahabad Court September 2008 Judgments
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Bhagwanti Rubber and Allied Products (P.) Ltd. Vs. Rupani Footcare (P. ...
Court: Allahabad
Decided on: Sep-18-2008
Reported in: [2009]90SCL187(All)
ORDERSunil Ambwani, J.1. Heard Shri Pushkar Mehrotra, learned Counsel for the applicants-companies. The Official Liquidator, U.P. as well as Regional Director, Northern Region, Ministry of Corporate Affairs, Noida have filed their reports.2. By this Confirmation Petition, the petitioners seek to confirm the 'Scheme of Arrangement', between 'Bhagwanti Rubber & Allied Products Private Limited' described as the 'Demerged Company' having its registered office at E-4, Panki Site-1, Kanpur - 208022 and 'Rupani Footcare Private Limited' described as the 'Resulting Company' having its registered office at 122/334, Shastri Nagar, Kanpur - 208005. The Demerged Company-Transferor Company is carrying on the business of manufacture and sale of 'Hawai Chappals' in its 'Hawai Chappals unit' and manufacture and sale of 'Shoes' in its 'Shoes unit'. The Scheme proposes to demerge the 'Shoes unit' of the Transferor Company in the Transferee Company.3. The Company Application was filed on 28-4-2008 to cal...
Ram Iqbal Singh (D) by L.Rs. and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-17-2008
Reported in: 2008(4)AWC3716
Bharati Sapru, J.1. Heard learned Counsel for the petitioner and Shri S.K. Malhotra, learned standing Counsel for the respondent State.2. This writ petition has been filed by the petitioner being aggrieved by the order passed by the authorities in proceedings under Section 47A of the (Indian) Stamp Act. The impugned orders are dated 25.9.2004 and 28.2.2006.3. The facts of the case are that the petitioner purchased plot No. 541 area .012 hectare situated in village Khujji, Tahsil Kerakat, District Jaunpur by means of sale deed dated 1.7.2003. It is the contention of the petitioner that on the date of purchase and registration of the sale deed, the land was recorded in the revenue records as agricultural land. A copy of the khasra has been appended as Annexure-2 to the writ petition.4. Proceedings were initiated against the petitioner on the basis of a complaint made by a person alleging that the petitioner had short paid the stamp duty. The petitioner had paid @ Rs. 1,10,000 per decimal...
Siya Ram Son of Bharat Singh Vs. District Magistrate/Collector and Dep ...
Court: Allahabad
Decided on: Sep-17-2008
Reported in: [2008(119)FLR826]
V.M. Sahai and Pankaj Mithal, JJ.1. The petitioner's writ petition has been dismissed by the learned single Judge vide judgment and order dated 11.8.2008. Therefore, he has come up in this special appeal.2. The petitioner was given compassionate appointment as a class-IV employee in the Collectorate of Agra and was confirmed. He was promoted within 50% promotion quota on class - III post. 1 lowever, his promotion was cancelled by the order dated 6.6.95 which was impugned in the writ petition.3. We have heard Sri C.B.Yadav, learned Counsel for the appellant and the learned Standing Counsel for the respondents.4. It has been argued that the promotion of the appellant was not liable to be cancelled as he is duly qualified and eligible to hold the promotional post.5. Learned Counsel for the appellant has relied on the certificate of Madhyama issued by the Hindi Sahitya Sammelan Allahabad of the year 1989, which according to him is equivalent to High School. The U.P. District Offices (Colle...
Avanish Kumar Dixit Son of Late Sri R.D. Dixit Vs. Union of India (Uoi ...
Court: Allahabad
Decided on: Sep-17-2008
Reported in: [2008(119)FLR485]
Rajiv Sharma, J.1. Heard counsel for the petitioner as well as learned Additional Standing Counsel appearing for the Union of India.2. It has been submitted by the counsel for the petitioner that after the death of the father of the petitioner, who while proceeding to join his duties after expiry of his leave met with an accident and expired on 15.9.1997, on 1.10.1997, the mother of the petitioner moved an application for appointment on compassionate ground stating therein that his elder son, namely, the petitioner may be offered an appointment under the provisions of Dying in Harness Rules as the family is under a pitiable financial hardship and further that both the sons are umemployed and two daughters are of marriageable age. It is also stated in the application that they have no dwelling house of their own. On the said application, the Department had asked the petitioner to move a proper application on requisite format for appointment on compassionate ground under the Dying in Har...
Km. Rinki Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-16-2008
Reported in: 2009CriLJ990
Imtiyaz Murtaza and R.M. Chauhan, JJ.1. Challenge in the present petition is to the F.I.R. dated 20.9.2007 registered at case crime No. 2331 of 2007 under Section 498A, 304B IPC and 3/4 of the Dowry Prohibition Act P.S. Kotwali District Mainpuri dovetailed with the submission in the forefront that the trial of co-accused has already ended in acquittal and there is no prospect of the case ending in conviction against the petitioner.2. The abridged version of the F.I.R. lodged by the complainant that her daughter was constantly persecuted for bringing less dowry and she narrated her plight on various occasions whenever she happened to talk on phone with the deceased daughter. On the day of occurrence i.e. 27.6.2007, the deceased was beaten black and blue and on being tipped, the complainant went to take her daughter and found injuries on her daughter's entire body. It is further alleged that the accused persons declined to send her daughter with the complainant. She also approached the p...
Rais Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-16-2008
Reported in: 2008(4)AWC3713
Tarun Agarwala, J.1. Heard Sri Subodh Kumar, the learned Counsel for the petitioner and the learned standing Counsel for respondent Nos. 1 to 5.2. Inspite of a stop order and inspite of repeated time being granted to the respondents to file a counter-affidavit and inspite of a stop order, no counter-affidavit has been filed. Consequently, the Court is proceeding with the final disposal of the case on the basis of the averments made in the writ petition.The petitioner is the elected Pradhan and by the impugned order dated 30.6.2008 his financial and administrative powers has been ceased by ah order of the District Magistrate dated 30.6.2008 under the first proviso to Section 95(1)(g) of the U.P. Panchyat Raj Act. The petitioner, being aggrieved by the said order, has filed the present writ petition.3. The learned Counsel for the petitioner submitted that the impugned order ceasing the financial and administrative powers of the petitioner has been passed without holding a preliminary enq...
Madan Mohan Agarwal and ors. Vs. Girish Kumar Chaturvedi and anr.
Court: Allahabad
Decided on: Sep-16-2008
Reported in: 2008(4)AWC3991
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 respondent No. 1, Girish Kumar Chaturvedi on the ground of bona fide need under Section 21(1A) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of P.A. Case No. 15 of 1995. In the release application Gopal Prasad, tenant since deceased and survived by the petitioner was Impleaded as opposite party No. 1 and Krishna Kumar Chaturvedl, respondent No. 2, in this writ petition, who is real brother of Girish Kumar Chaturvedl was Impleaded as opposite party No. 2. Property in dispute is a house containing several rooms. In the release application it was stated that applicant was employed as Director of a National Channel J.N.U., Delhi and prior to that he was working at Radio Station, Delhi and prior to that he had also worked on other Radio Stations as Director. It was stated that applicant landlord had writte...
Syed Mohammad Ahmad Hasan Son of Late Syed Mohammad Hasan Vs. Shia Cen ...
Court: Allahabad
Decided on: Sep-16-2008
Reported in: AIR2009All38
Ashok Bhushan and A.P. Sahi, JJ.1. Heard Shri R.K. Jain, learned Senior Advocate, assisted by Shri S. Agarwal, learned Counsel for the petitioner, Shri S.F.A. Naqvi, learned Counsel who has appeared on behalf of respondent Nos. 1 and 2, and Shri M.K. Gupta, who has put in appearance on behalf of respondents.Learned Counsel for the parties agree that the writ petition be finally decided without calling for any further affidavit.By this writ petition, the petitioner has prayed for quashing the order dated 11.11.2005 passed by a Member of Siya Central Board (Annexure 83 to the writ petition). Petitioner's case in the writ petition is that mere is a Wakf namely 'Wakf Bibi Sughara Begum, Asgharabad, District Aligarh (Wakf No. 69-Aligarh).'2. Petitioner was Mutawalli of the said Wakf. Petitioner is aggrieved by Annexure 8 to the writ petition which is an order dated 11.11.2005 passed by respondent No. 2 who is described as 'Senior Member Legal Committee and Member In-charge, District Aligarh...
J.R. Agro Industries Limited Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Sep-16-2008
Reported in: (2009)21VST305(All)
Narayan Shukla, J.1. Heard Mr. Bharatji AgrawaL learned Senior Advocate assisted by Mr. S.M.K. Chaudhary, learned Counsel for the revisionist and Mr. Sanjeev Shankhdhar, learned Additional Chief Standing Counsel for opposite party.2. The instant revision has been filed against the order dated January 9, 2004, passed by the Trade Tax Tribunal, Lucknow Bench, Lucknow for setting aside the order of appeal. The Tribunal has cancelled the order dated March 4, 2003, passed by the Divisional Level Committee.3. Briefly the facts of the case are that the revisionist set up the equipment and facilities for processing of edible oil seeds, namely, soyabean seed, mustard seed, sunflower seed, mahua seed, etc., for the manufacture of soyabean oil, mustard oil, sunflower, mahua oil and de-oiled extraction of soyabean, mustard, sunflower oil, mahua and started production from February 23, 1998. For grant of eligibility certificate under Rule 25 of the U.P. Trade Tax Rules, 1948, the revisionist submit...
In Re: Kothari Products Ltd.
Court: Allahabad
Decided on: Sep-16-2008
Reported in: [2009]150CompCas823(All); [2009]91SCL104(All)
Sunil Ambwani, J.1. Heard Shri R.P. Agarwal, learned Counsel for petitioner companies. The Official Liquidator, U.P. as well as Regional Director, Northern Region, Ministry of Corporate Affairs, Noida have filed their reports.2. These two Company Petitions, filed for confirming the 'Scheme of Amalgamation' separately by the demerged and resulting companies under Sections 391 and 394 of the Companies Act, 1956, are listed for hearing after advertisements in the same newspapers in which the advertisements convening the meetings were carried out.3. The Company Application No. 1 was filed on 15-1-2008 by Kothari Products Limited a Company incorporated under the Companies Act, 1956 having its registered office at 'Pan Parag House' 24/19, The Mall, Kanpur-208 001, within the jurisdiction of this Court (hereinafter called as the demerged company), engaged in the business of production and sale of supari, tobacco pan masala, gutkha and beverages. It also has investments in shares and securitie...
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