Allahabad Court January 2009 Judgments
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Smt. Indra Mishra and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-09-2009
Reported in: 2009(2)AWC1462
Ran Vijai Singh, J.1. This writ petition has been filed by the petitioners challenging the order dated 16.9.2006 and consequential notice dated 22.9.2006. From the perusal of the order dated 16.9.2006 passed by Sub-Divisional Officer, Jhansi it transpires that the Plot No. 1670 is recorded as a pond but the petitioners have got their name entered in the khatauni fraudulently. After an enquiry this fact has transpired and a decision was taken for expunging their name from khatauni. While passing this order an opportunity of post decisional hearing was offered to the petitioners. Pursuant thereto a notice was issued to the petitioners on 22nd September, 2006 requiring their presence on 6.10.2006 before the Sub-Divisional Officer, Jhansi to produce the relevant materials in support of their case.2. The petitioners instead of appearing before the Sub-Divisional Officer, Jhansi have filed the present writ petition, in which this Court has stayed the operation of the order dated 16.9.2006 an...
Hindustan Aeronautics Ltd. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-09-2009
Reported in: 2009(2)AWC1464
Ashok Bhushan and Vineet Saran, JJ.1. Heard Sri S. D. Singh, learned Counsel for the petitioner and Sri Harish Chand Kohli, who has appeared in person on behalf of respondent No. 2. Earlier the case was adjourned on the request of the learned Counsel for the petitioner to get the matter settled outside the Court. However, when the case was taken up today, the settlement between the parties is not seen. In view of the aforesaid, we have proceeded to decide the writ petition on merit.2. This writ petition has been filed praying for quashing the order dated 15.11.1996 (Annexure-8 to the writ petition) by which order the Vth Additional District Judge, Kanpur Nagar has rejected the application of the petitioner for restoring the F.A.F.O. which was dismissed on 4th July, 1996. The F.A.F.O. was filed by the petitioner against the order dated 14.4.1983 by which order the arbitration award awarding a sum of Rs. 79,000 to the respondent was made Rule of the Court. When the F.A.F.O. was called on...
Sant Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-09-2009
Reported in: 2009(2)AWC1585
S.U. Khan, J.1. Heard learned Counsel for the petitioner as well as learned standing counsel for the respondents.2. Some land of the petitioners was acquired under Land Acquisition Act and compensation was determined by S.L.A.O. Dissatisfied with the compensation petitioner applied for making reference under Section 18 of Land Acquisition Act which was accordingly made and was registered as L. A. No. 9 of 1990 on the file of Ist Additional District Judge, Jaunpur. The learned A.D.J., decided the reference partly in favour of the petitioners through judgment and decree dated 6.7.1991. Market value was enhanced by learned A.D.J. 30% solatium was also awarded. Interest at the rate of 12% per annum from the date of notification under Section 4 of Land Acquisition Act, i.e., 4.7.1988 till the date of dispossession, i.e., 12.1.1989, was also awarded. It was further directed that on the additional compensation determined by the reference court due to determination of higher market value at th...
Shri Jai Durga Devi Birajman Mandir and anr. Vs. Commissioner, Bareill ...
Court: Allahabad
Decided on: Jan-09-2009
Reported in: 2009(2)AWC1701
S.U. Khan, J.1. At the time of hearing, no one appeared on behalf of respondent No. 2, the only contesting respondent, hence only the arguments of learned Counsel for the petitioner were heard .2. Petitioner No. 1 is Shri Jai Durga Devi Birajman Mandir Devi Than, Mohalla Gayaspur, Town Bisalpur, District Pilibhit, and petitioner No. 2, Har Govind Dubey (H.G. Dubey) claims to be its Sarvarakar/Manager. According to the petitioner No. 2, he purchased the land and established the Mandir in question on the said land and he is himself its Sarvarakar? Manager.3. Respondent No. 2, Dal Chand got a society registered under Societies Registration Act on 7.11.1985. Registration certificate was granted by Assistant Registrar, Societies, Firms and Chits, Barielly Bearing No. 1200 of 1986 by the name of Sidhdhi Sri Durga Mandir Gayaspur Bisalpur, District Pilibhit with respondent No. 2 as its manager. Petitioner No. 2 filed application for cancellation of the said certificate on 5.7.1986 under Secti...
Mahabir Singh Inter College and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-09-2009
Reported in: (2009)IILLJ655All
Sibghat Ullah Khan, J.1. Heard learned Counsel for the parties.2. This writ petition arises out of proceedings under Section 7-A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (E.P.F. Act) in respect of Mahabir Singh Inter College, Ghaziabad (hereinafter referred to as 'the College') run and managed by petitioner, Committee of Management. Coverage notice was given to the College by E.P.F. Authorities for the period from January 1, 1996 to May 31, 2003 and it was directed to report compliance in the prescribed manner. The college did not accept the coverage notice and filed objection to the effect that it never employed 22 employees as stated in the coverage notice. The college was allotted Code No. UP/21234. The objections were filed by the college and thereupon proceedings were initiated under Section 7-A of the E.P.F. Act. In reply to further notice after registration of the case, it was stated on behalf of the College that it had not deducted any P.F. contribut...
Smt. Malti Devi Vs. Tax Recovery Officer and anr.
Court: Allahabad
Decided on: Jan-09-2009
Reported in: (2009)225CTR(All)334; [2009]314ITR7(All)
Prakash Krishna, J.1. The present writ petition is directed against the order dated September 22, 2006, passed by the Commissioner of Income-tax, Allahabad, dismissing the appeal filed by the petitioner.2. It is not in dispute that M/s. Raja Ram Kishan Chand (HUF) was a defaulter of income-tax dues. In recovery of the said dues, the Department attached property No. 110, Ward-7, Mohalla Pakki Sarai, Mirzapur. The attachment was effected on November 7, 1973. The petitioner who happens to be the daughter-in-law of Raja Ram allegedly purchased the property No. 107, Ward-7, Mohalla Pakki Sarai, Mirzapur, for a sum of Rs. 9,000 on September 22, 1980. She came out with the case that the said property No. 107 was not the subject-matter of attachment order dated November 7, 1973. The case of the Department, on the other hand, was that the property No. 107 was also the subject-matter of the attachment order dated November 7, 1973, and as such, any subsequent sale to her is void and illegal. It f...
Commissioner of Income-tax-ii Vs. Lucknow Public Educational Society
Court: Allahabad
Decided on: Jan-09-2009
Reported in: [2009]318ITR223(All); [2009]183TAXMAN68(All)
Satish Chandra, J.1. This is an appeal filed by the Department under Section 260A of the Income-tax Act, 1961 against the judgment and order dated 29-6-2007 passed by the Income-tax Appellate Tribunal, Lucknow in Income-tax Appeal No. 106/Luck./2006 for the assessment year 2001-02.2. Heard Sri D.D. Chopra, learned Counsel for the appellant and Sri Amit Singh Bhadauria holding brief of Sri J.N. Mathur, learned Counsel for the respondent.3. The above-mentioned appeal was admitted on 11-4-2008 with the following substantial questions of law:1. Whether on the fact and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in allowing exemption under Section 11 of the Income-tax Act to the appellant without appreciating the fact that the original return was filed on 27-3-2002 though the due date was 31-10-2001 and was not even accompanied by Audit Report in Form No. 10B.2. The Income-tax Appellate Tribunal failed to appreciate the fact that the assessee could claim ...
National Insurance Co. Ltd. Vs. Smt. Jairani and ors.
Court: Allahabad
Decided on: Jan-07-2009
Reported in: 2009(2)AWC1077
V.M. Sahai and Ran Vijay Singh, JJ.1. This appeal directed against the award of the Motor Accident Claims Tribunal (in brief the Tribunal') gives rise to an interesting question of law, whether on an application filed under Section 170 of the Motor Vehicles Act, 1988 (in brief the Act) by the insurance company, if no order is passed by the Tribunal, what would be its effect on the award; whether the insurance company can be permitted to challenge the award of the Tribunal in an appeal under Section 173(1) if the application under Section 170 of the Act is not decided?2. The brief facts are that on 26.11.1999 Dr. Shiv Kumar was riding on his Motor Cycle No. U.P.-78/G-6967. On the pillion of the motorcycle Shiv Shankar Verma was sitting. The Truck No. U.P.-78/T-1896 dashed the motor cycle. Due to injuries received in the accident Dr. Shiv Kumar died on the spot. The pillion rider Shiv Shankar Verma was also seriously injured and he died at Regency Hospital. The truck was owned by Smt. Sa...
Amod Prasad Rai Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-07-2009
Reported in: (2009)IVLLJ779All
Rajiv Sharma, J.1. Heard Sri N.N. Jaiswal, learned Counsel for the petitioner and Sri Sanjay Sarin, learned Standing counsel.Through the instant writ petition, the petitioner is assailing the order of punishment dated April 2, 2007 passed by the deposite party No. 3 as contained in Annexure 5 to the writ petition as well as inquiry report submitted against the petitioner. It has further been prayed that opposite parties may be directed to release all the amount of retiral benefits like Provident Fund, Gratuity, Insurance and Pension etc. to the petitioner as payable to him under law.2. According to the petitioner, he was initially appointed on the post of temporary Overseer in the Public Works Department on December 9, 1970. In pursuant to the appointment order dated December 9, 1970, the petitioner joined on the said post on January 9, 1971. Thereafter, the petitioner continued in service on the post of Overseer, which was later on re-designated as Junior Engineer. According to him, a...
Bhupendra Nath Tripathi and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-06-2009
Reported in: 2009(1)AWC769
Ashok Bhushan, J.1. The National Council for Teacher Education, constituted under the National Council for Teacher Education Act, 1993, granted permission to the State of U.P. to impart a special primary teacher training course, i.e., Special Basic Training Course, 2007 to the candidates, who are already B.Ed. to enable the State of U.P., to fill up more than 60 thousand vacant posts of primary teacher, which remained unfilled due to non-availability of candidates having the primary teacher training certificate.2. Whether the candidates, who obtained B.Ed. from the institutions recognised by the National Council for Teacher Education after the enforcement of National Council for Teaching Education Act, 1993, are alone eligible to apply for Special Basic Training Course, 2007 or those candidates who either obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993, from the Universities recognised by the University Grants Commission or obtained degree...
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