Allahabad Court May 2009 Judgments
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Ramendra Srivastava Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-15-2009
Reported in: 2009(4)AWC3230
Janardan Sahai and Y.K. Sangal, JJ.1. The petitioner passed the Preliminary Examination (Combined State/Lower Subordinate Services), 2007 held by Uttar Pradesh Public Service Commission, Allahabad. The petitioner was given intimation by the Uttar Pradesh Public Service Commission, Allahabad that he has cleared the preliminary examination. The letter of intimation to the petitioner and other candidates who had cleared the preliminary examination contains a recital that the application form for the Main Examination alongwith all the requisite annexures be submitted to the Commission by 5.00 p.m. 31st March, 2009 by registered post or in person at the Counter of the Dak Section of the Commission, at Gate No. 3. The petitioner sent the form for the Main Examination by registered post on 28th March, 2009. It appears that the postal cover was tendered by the post office at the address of the Commission on 1st April, 2009 and the Commission treating the form to have been submitted beyond the ...
Hari Prakash Kasana Vs. State of U.P.
Court: Allahabad
Decided on: May-15-2009
Reported in: 2009CriLJ4317
ORDERSubhash Chandra Agarwal, J.1. Heard Sri Anurag Khanna, learned Counsel for the revisionist and learned AGA for the State.2. This criminal revision has been filed against the order dated 1-2-2001 passed by the learned Sessions Judge, Bijnor in bail application No. 129 of 2001 whereby while granting the bail to the accused Mohd. Arif Khan and Ravindra Raghav, learned Sessions Judge directed for registration of FIR against the revisionist Hari Prakash Kasana, Inspector P.S. Kotwali, District- Bijnor for committing an offence punishable under relevant provision of the Indian Penal Code.3. In brief the facts of the case are that Mohd Arif Khan and Ravindra Raghav was accused in Case crime No. 908 of 2000, under Section 7/13 Prevention of Corruption Act and Section 384 IPC. P.S. Kotwali City, District-Bijnor. The prosecution case was that on 19-10-2000 at 9.15 p.m., complainant Sardar Harbhajan Singh was taken his combine on road and he was stopped by three constables, namely accused Mo...
Satish Chandra Agarwal Vs. Hariraj Saran Agarwal and ors.
Court: Allahabad
Decided on: May-15-2009
Reported in: 2009(4)AWC4128
Prakash Krishna, J.1. The petitioner is the landlord of a house situate in mohalla Ther, Sambhal, district Moradabad of which the respondent is a tenant on a monthly rent of Rs. 70. The petitioner, who is carrying on the business of iron and hardware and agricultural implements, applied for the release of tenanted accommodation on the ground that it is bona fide required for the purposes of a godown wherein, he can store pipes about 21 ft. in length, fodder machines and other agricultural implements. He is suffering irreparable loss on account of paucity of suitable accommodation. Besides above, it was further pleaded that his family consists of himself, his wife and three sons, who were aged about 18 years, 16 years and 9 years when release application was filed in the year 1986. Presently, he is running his business from a shop of 11 ft. x 30 ft. which can be used only for trading purposes. It was further pleaded that the persons mentioned in paragraph 7 of the release application wh...
Smt. Vijay Laxmi Srivastava Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-14-2009
Reported in: 2009(3)AWC3009
ORDERRakesh Sharma, J. 1. Heard Sri Shailendra, learned Counsel for the petitioner and Sri R. B. Sahai, learned Counsel appearing for the respondents.2. A widow having six minor children at the time of death of her husband, who was working as a Cashier in the Baroda Eastern Uttar Pradesh Gramin Bank (hereinafter referred to as the Bank), has knocked the doors of this Court by means of the present writ petition seeking compassionate appointment for herself in the light of the relevant scheme which was prevalent in the Bank in the year 2004 at the relevant time that is on 26.10.2004 when she sought such appointment by submitting an application.3. It emerges from the record that the petitioners husband-late Awadhesh Kumar Srivastava, who was the only bread earner of the family, was working as Cashier in the Kshetriya Gramin Bank in the district of Kaushambi. Husband of the petitioner had died on 25.9.2004, while he was in active service of the Bank leaving behind, his widow and his six mi...
Mohd. Ashhaq Vs. 1st Additional District Judge and anr.
Court: Allahabad
Decided on: May-14-2009
Reported in: 2009(4)AWC4123
S.U. Khan, J.1. List revised. No one appears for tenant-respondent No. 2. Heard learned Counsel for the petitioner landlord.2. This is landlord's writ petition arising out of S.C.C. Suit No. 3 of 1985 filed by him against respondent No. 2, Naseem Ahmad for eviction from the tenanted property in dispute, which is a house containing one room, on the ground of default and for recovery of arrears of rent. The allegation in the plaint was that initially Mohd. Yamin father of defendant-respondent No. 2 was tenant and after his death, defendant-respondent No. 2 became tenant, that after the death of father of the defendant-respondent No. 2, rent was enhanced to Rs. 30 per month, which was accepted by the defendant, that rent had not been paid since January, 1972. J.S.C.C., Najibabad, district Bijnor accepted the case of the petitioner and decreed the suit through judgment and decree dated 14.5.1985. Suit was decreed for eviction and recovery of arrears of rent and pendente lite and future dam...
Commissioner of Income-tax Vs. Kailash Auto Finance Ltd.
Court: Allahabad
Decided on: May-14-2009
Reported in: [2010]320ITR394(All)
1. In the present appeal filed under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Commissioner of Income-tax-II, Kanpur, has raised the following substantial questions of law:Whether on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was legally justified in granting relief from out of addition made by the Assessing Officer under Section 68 of the Income-tax Act, treating the deposits as genuine without properly appreciating the facts, and reasons for addition, as mentioned by the Assessing Officer in his order ?Whether on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was justified in law in deleting the additions made by the Assessing Officer on account of hire charges and lease rentals without appreciating the fact that it was incumbent upon the assessee to account for the entire income on mercantile basis only and the assessee cannot be permitted to exclude a...
Brahma Charan Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-13-2009
Reported in: 2009(3)AWC2615
Rakesh Tiwari, J.1. Heard counsel for the petitioner and standing counsel for the respondents.2. The petitioner seeks quashing of impugned notice dated 19.4.2008 issued by Conservator of Forest, Mirzapur Circle, Mirzapur informing him that he will retire on 31.7.2008 and further a writ of mandamus commanding the respondents to permit him to continue in service till 31.10.2010.3. In the year 1972, when the petitioner was selected and appointed as Forest Guard, his date of birth was recorded in service records as 9.7.1948 on the basis of his date of birth as recorded in High School certificate. In the year 1982, after the petitioner appeared and was successful in departmental examination for the post of 'Van Daroga' (Forester), he was directed to appear before the Medical Officer and submit fitness certificate as required under Fundamental Rule 74. He accordingly appeared before Superintendent, District Hospital, Mirzapur and was accordingly issued fitness certificate as is required for ...
Commissioner of Income-tax and anr. Vs. Kisan Sahkari Chini Mills Ltd.
Court: Allahabad
Decided on: May-13-2009
Reported in: [2009]317ITR322(All)
1. In the present appeal filed under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Revenue submits that the order of the Income-tax Appellate Tribunal dated June 9, 2005, involves the following substantial questions of law:Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the incentive received by the assessee by way of additional quota for free sale of sugar under the Sampat scheme as capital receipt.Whether, on the facts and in the circumstances of the case, the amount of incentive received by the assessee could be taxed under Section 28(iv) of the Act?2. The appeal relates to the assessment year 1994-95. Before the Assessing Officer, the respondent-assessee which is engaged in the business of manufacture and sale of sugar, claimed that the sum of Rs. 2,50,82,052, represents capital receipt as it was towards incentive received under the scheme formulated by the Central Government for rec...
Faisal Timbers Vs. Up-nideshak (Prashashan/Vipadan), Rajya Krishi Utpa ...
Court: Allahabad
Decided on: May-13-2009
Reported in: 2009(3)AWC3094
Arun Tandon, J.1. Heard learned Counsel for the petitioner and Sri Rajesh Kumar, learned Counsel for the respondents.2. Petitioner before this Court is aggrieved by an order of the Deputy Director (Administration/Vipadan), Rajya Krishi Utpadan Mandi Parishad, Moradabad dated 30th December, 2008, whereby the revision filed by the petitioner under Section 32 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as the Adhiniyam, 1964) has been rejected. Under the impugned order it has been recorded that the petitioner had committed an offence by trading in woods without obtaining necessary 9R receipts. Petitioner made an application for compounding of the said offence which was granted and compounding fee to Rs. 20,000 was levied upon the petitioner. It has been held that recovery of the compounding fee as such is legally justified and has been so directed only on the application made by the petitioner himself. The order so passed by the Deputy Director is be...
Garment and Hosiery Udyog Karmchari Union and ors. Vs. State of U.P. a ...
Court: Allahabad
Decided on: May-13-2009
Reported in: 2009(3)AWC3124
Arun Tandon, J.1. These two connected writ petitions are more or less identical in nature and are being decided by means of a common order.2. Petitioners before this Court seek quashing of the notification dated 24th September, 2008 as well as the consequential order issued by the State Government dated 27th September, 2008. For ready reference the notification dated 24th September, 2008 is being quoted below:v/kksgLrk{kjh dks ;g dgus dk funsZ'k gqvk gS fd Jek;qDr] m0iz0 ds leLr vf/kdkj xzsVj uks;Mk ifj{ks= eq[; dk;Zikyd vf/kdkjh] o`gRrj U;w vks[kyk b.MfLV;y MsoyiesUV vFkkfjVh] xzsVj uks;Mk dks ,rn~}kjk iznku fd;s tkrs gS ftlds ifj.kkeLo:i eq[; dk;Zikyd vf/kdkjh] xzsVj uks;Mk esa fLFkr viuh vf/kdkfjrk dh LFkkuh; lhekvksa ds vUrZxr Je rFkk vkS|ksfxd fu;eksa@fofu;eksa ds vuqikyu vkS|ksfxd 'kkfUr dh cgkyh rFkk uks;M+k ds vkS|ksfxd fodkl] vkS|ksfxd fooknksa ds lek/kku gsrq iw.kZ :i ls mRrjnk;h gksaxs rFkk buds dk;ksZ ds fy, Je foHkkx] m0iz0 'kklu mudk iz'kklfud foHkkx gksxkA3. Counsel for ...
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