Allahabad Court January 2009 Judgments
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Bharat Petroleum Corporation Limited Vs. Commissioner, Commercial Taxe ...
Court: Allahabad
Decided on: Jan-27-2009
Reported in: (2010)28VST173(All)
B.K. Narayana, J.1. Heard Sri Bharat Ji Agrawal, senior advocate, assisted by Sri S.M.K. Chaudhari and Sri Piyush Agrawal, learned Counsel for the applicant and Sri Sanjeev Shankhdhar, learned Counsel for the opposite-party.2. The instant commercial tax revision has been filed by the applicant for setting aside/modifying the judgment and order dated January 12, 2009 passed by the Commercial Tax Tribunal, Lucknow in Second Appeal No. 3 of 2009 for the assessment year 2003-04 arising out of penalty proceedings under Section 15A(1)(o) of the U.P. Trade Tax Act, hereinafter referred to as, 'the Act'.3. With the consent of the parties, the revision is being decided finally at the admission stage itself without calling for any counter-affidavit and without summoning the record.4. Brief facts of the case as stated in the affidavit accompanying the stay application filed in the revision are that the applicant is a Government of India undertaking and is controlled by Ministry of Petroleum, Gove...
Rama Pati Tiwari Vs. District Registrar and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: AIR2009All102; 2009(2)AWC1203
Pankaj Mithal, J.1. I have heard Sri V.K.S. Chaudhary, senior advocate assisted by Sri Deo Prakash Singh learned Counsel appearing for the appellant and Sri M.D. Singh 'Shekhar', senior advocate assisted by Sri P.K. Kesari learned Counsel for the respondent No. 3, the main contesting party. The other respondents are only formal in nature.2. The suit/appeal owes its origin to a dispute relating to ownership of a plot of land 22B Church Lane, Allahabad on which a huge house was constructed by one Tribhuwan Sukh Tiwari who was an Assistant Commissioner of Excise, U.P. On his death the said property had devolved upon his wife Smt. Ram Lalli who died on 21.3.1979. They had no issue. The two nephews of late Tribhuwan Sukh Tiwari set up two contradictory unregistered 'Wills' of Smt. Ram Lalli. One dated 20.2.1979 by Rama Pati and the other dated 11.3.1979 by Girja Prasad, both sons of Param Sukh one of the elder brothers of late Tribhuwan Sukh Tiwari, Girja Prasad presented the 'Will' dated 1...
Hero Motors Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: AIR2009All93; 2009(2)AWC1336
Janardan Sahai, J.1. Heard S/Sri A.M. Singhvi, T.P. Singh, Rakesh Dwlvedi, senior advocates and S/Sri Manish Goyal, S.D. Singh, Ritvik Upadhyay, V.K. Upadhyay, Vishal Kakkar, Shahid Rizvi, Rakesh Ranjan, Tripathi B.G. Bhai advocates for the petitioner and S/Sri Ravikant Sr. advocate, Sri Sanjay Goswami, learned standing counsel for the respondents.2. On a difference of opinion between brother Yatindra Singh, J., and brother Ran Vijay Singh, J., in six connected writ petitions M/s. Hero Motors Ltd.; Dhampur Sugar Mills Ltd., M/s. Amar Ujala Publications Ltd.; M/s. Telesia Trading and Finance Ltd.; M/s. Prudential Merchants and Traders Ltd. and M/s. Padamshree Projects, this matter has been referred for opinion to me. In the other writ petitions the question involved was the same and as such it appears the Division Bench before which these cases were being heard has tagged those cases with M/s. Hero Motors or other connected cases in which there was a difference of opinion between Brothe...
Smt. Wafia Khatoon Vs. Assistant Custodian General (E.P.) and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: 2009(2)AWC1590
Sunil Ambwani, J.1. Heard Shri M. Islam, learned Counsel for the petitioner and Shri Sharad Mandhyan for respondent No. 3.2. A Revision No. 5 of 1990 under Section 27 of the Administration of Evacuee Property Act. 1950, was allowed by the Assistant Custodian General (Evacuee Property) Lucknow and the matter was remanded for deciding the matter afresh. The writ petitions filed by the aggrieved parties against the judgment of the revisional court were dismissed on May 23, 2003. Smt. Wafia Khatoon the petitioner in Writ Petition No. 6930 of 1995 filed a Civil Appeal No. 3680 of 2006 and Shri Wasi Ahmad-the petitioner in Writ Petition No. 13294 of 1995, filed Civil Appeal No. 3681 of 2006 in the Supreme Court. By a common judgment both the civil appeals were disposed of with following directions:Leave granted.The question which arose for consideration in both these appeals inter alia related to the jurisdiction of the Small Causes Court as revisional authority under Section 27 of the Admin...
Raghuvir Singh Vs. Ivth Additional District Judge and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: 2009(2)AWC1580
Sunil Ambwani, J.1. Heard Shri Salil Kumar Rai for the petitioner. Shri P. N. Saxena, senior advocate appears for the respondents.2. The plaintiff-petitioner filed Original Suit No. 451 of 1993, Raghuvir Singh v. Smt. Prabhawati Devi and Ors. for permanent injunction restraining the defendant, first set, from interfering in his rights on the suit property given at the foot of the plaint, on the allegations that he had purchased 3/4th portion of plot No. 2602 area 0-7-1 dhoor and plot No. 2603 area 0-6-14 and plot No. 2849 situate at Mauja Basti Khas Tappa Haveli Pargana Basti from Abdul Rauf son of Sardar Khan; Rais Ahmad son of Abdul Majid and Ashiq Ali son of Mohd. Saleem by a sale deed dated 22.2.1985 and was given possession of the property. He is continuing in possession since, thereafter. The defendant third set namely Manuddin and others (defendant Nos. 7 to 12) have sold their 1/4th portion in the same property in favour of Smt. Prabhawati, Heera Lal and Shravan Kumar, the defe...
Hare Ram and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: 2009(2)AWC1594
Sunil Ambwani, J.1. The petitioners applied and were selected as 'Safai Karmis', a Group-D post in the State Government vide select list published in daily newspaper 'Rashtriya Sahara' Gorakhpur dated 13.9.2008, after the interviews in response to the advertisement dated June 18th/19th, 2008 published by the office of the District Panchayati Raj Officer, Gorakhpur, in accordance with the procedure provided by the U.P. Group-D Employees Service Rules, 1985.2. By these writ petitions the petitioners have challenged the orders of the Principal Secretary, Department of Panchayati Raj, Government of U.P., respondent No. 1 dated 22nd September, 2008 cancelling the entire select list on the report of the Commissioner, Gorakhpur Division, Gorakhpur dated 16.9.2008 submitted on the complaints received by him of the irregularities in the selections. The affidavits have been exchanged. With the consent of the parties the matter was finally heard.3. Heard Shri P. S. Baghel, learned Counsel for the...
Ram Abhilash Maurya and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: 2009(2)AWC1672
Sunil Ambwani, J.1. The petitioners applied and were selected as 'Safai Karmis', a Group-D post in the State Government in pursuance to the advertisement dated June 16th, 2008 published by the office of the District Panchayat Raj Officer, Mirzapur in accordance with the U.P. Group 'D' Employees Service Rules, 1985. By this writ petition they have challenged the order of the District Magistrate, Mirzapur dated 23rd September, 2008 by which he has cancelled the entire select list on the grounds disclosed in the report of the enquiry committee dated 22.9.2008 finding irregularities and 'dhandhali' (corrupt practice) in the selection process. The affidavits have been exchanged and with the consent of the parties, the matter was heard.2. Heard Shri Ashok Khare, senior advocate assisted by Shri Siddharth Khare, learned Counsel for the petitioners, Shri Jafar Naiyer, Addl. Advocate General assisted by Shri S. P. Kesarwani, Addl. Chief Standing Counsel appears for the State-respondents.3. The ...
Rajiv Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-23-2009
Reported in: 2009CriLJ2619
S.P. Mehrotra, J.1. The present Habeas Corpus Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the impugned detention order dated 6-12-2007 (Annexure 1 to the Writ Petition)' passed by the District Magistrate, Gorakhpur (Respondent No. 2), detaining petitioner under Section 3(2) of the National Security Act, 1980 (in short 'the N.S. Act'), and further, for directing the respondents to set the petitioner at liberty forthwith.2. Counter affidavits have been filed on behalf of the respondents.3. From a perusal of the averments made in the Writ Petition as also in the Counter Affidavits, the facts as stated here-in-after, emerge.4. It appears that a First Information Report was lodged by one Raj an Kumar Jaiswal on 22-9-2007 regarding an incident alleged to have taken place on 21-9-2007. The said First Information Report was registered as Case Crime No. 1624 of 2007, under Section 302/34 of the Indian Panel Code and ...
Shiv Charan Singh, Pradhan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-20-2009
Reported in: 2009(2)AWC1070
Vineet Saran, J.1. The petitioner is the elected Pradhan of Gram Panchayat Bundra Kalan, Vikas Khand Jalilpur, district Bijnor. By means of the notice dated 11th October, 2007 issued by the District Magistrate, Bijnor, the petitioner was required to show cause with regard to the construction of additional class room made between 24.3.2006 to 31.7.2006 in which lintel of the said class room had cracked and the said lintel had been got dismantled by the petitioner without getting the same reconstructed. By the said notice, the petitioner was required to submit his reply, which was given by the petitioner on 31.10.2007, wherein it was stated that the defect in the construction was because of the mason who had constructed the room and on noticing the same, the petitioner had got it demolished and a fresh class room has already been constructed in which proper lintel is there and after having it plastered the same has also been white-washed. Thereafter, by means of the impugned order dated ...
Ritesh Tewari and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-20-2009
Reported in: 2009(2)AWC1194
Arun Tandon and Dilip Gupta, JJ.1. This writ petition has been filed by one Ritesh Tewari in his personal capacity as well as in his capacity as proprietor of M/s. Ganpati Builders for the following reliefs:(i) to issue a suitable writ, order or direction in the nature of mandamus directing the respondents not to interfere in the actual physical peaceful possession and construction of the petitioners' multi storied building known as 'Ganpati Green Apartment' situated at khasra plot No. 258, Village Kakraltha, tehsil Sadar, district Agra;(ii) to issue a suitable writ, order or direction in the nature of certiorari and to quash the directions contained in the letters dated 30.6.2008 and 18.7.2008 (Annexures-19 and 20 to the writ petition;(iii) to issue suitable writ, order or direction constituting an enquiry committee to enquire into the role of and to fix responsibility on the erring respondents for the illegal and undue harassment of the petitioners in respect of the construction in q...
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