Allahabad Court May 2009 Judgments
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Alok Prakash Dubey Vs. Purvanchal Vidyut Vitran Nigam Ltd. and ors.
Court: Allahabad
Decided on: May-13-2009
Reported in: 2009(4)AWC3237
Rakesh Tiwari, J.1. Heard counsel for the petitioner and Sri B.P. Singh representing the respondents.2. The petitioner who was initially appointed as Shramik in electricity department, was awarded time scale in the year 2007 by respondent No. 2-Executive Engineer, Purvanchal Vidyut Vitran Nigam, Varanasi.3. Grievance of the petitioner is that he is not being paid arrears as well as monthly salary regularly. He has also prayed for not giving effect to the letter dated 18.8.2008, by which petitioner has been informed that he is absent since 7.4.2008 without information and directed to report for duty.4. Sri B.P. Singh, counsel for respondents has placed reliance upon paragraph Nos. 5 and 6 of the counter-affidavit, relevant extract of which read as under:5. The fact is that the salary of the petitioner was deducted for 11 days in the month of April, 2005 and not 19 days as alleged. His salary was also not paid for the month of July, August and September, 2005 for remaining absent without...
Devi Saran Tiwari Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: May-12-2009
Reported in: 2009(3)AWC2616
ORDERA.P. Sahi, J.1. The dispute was decided by the Deputy Director of Consolidation in favour of the respondent No. 3. The present writ petition has been filed by Devi Saran Tiwari questioning the said order of the Deputy Director of Consolidation. During the pendency of this petition an application has been moved on 13.11.2008 by the respondent No. 3 Brahm Dev to the effect that the property has been sold in favour of one Smt. Meena Singh on 1.10.2008 and therefore, Smt. Meena Singh be impleaded as a party in the present writ petition. The said impleadment has been allowed today by a separate order.2. Another application has been moved on 7.1.2009 by Smt. Meena Singh to the same effect. The said application has also been allowed by a separate order today.3. It appears that Smt. Meena Singh and Devi Saran Tiwari had entered into a compromise in respect of the dispute and an application to that effect supported by a joint affidavit of the petitioner and the newly impleaded respondent N...
Nagesh Katariya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-12-2009
Reported in: 2009(3)AWC3039
Rakesh Tiwari, J.1. Heard Sri Ashok Khare, learned senior counsel appearing for petitioner assisted by Sri Nipendra Tripatht and standing counsel who has accepted notice on behalf of the respondents No. 1 to 4.2. The facts of the case in brief are that Surendra Katariya, father of the petitioner was employed in permanent capacity as Ambulance Driver. He died during service on 5.7.2008. Petitioner thereafter applied for compassionate appointment in place of his father and was appointed as Warder in district Jail, Meerut by Senior Superintendent of Jail, Meerut. While he was undergoing training at Training Institute at Lucknow, a notice dated 2.10.2008 was issued to the petitioner by Deputy Director calling for an explanation regarding his absence in training Class and not observing discipline in the institute. Another notice dated 3.10.2008 was issued calling for explanation for not performing his duties during training period and reiterating the fact that he was not taking any interest...
Bhartiya Contenor Nigam Ltd. Vs. Principal Officer/Assessment Officer, ...
Court: Allahabad
Decided on: May-12-2009
Reported in: AIR2009All182; 2009(3)AWC3098
Arun Tandon, J.1. Petitioner before this Court is a Government Company duly incorporated under the Companies Act. Proceedings for assessment in respect of the annual value of the total area possessed by the company within the limits of the Kanpur Nagar were initiated which resulted in an order dated 16th March, 2004. The order dated 16th March, 2004 has been brought on record as Annexure-2 to the writ petition. The document discloses that annual value of the property of the writ petitioner was fixed at Rs. 40,70,499. The petitioner challenged the assessment order by means of Appeal No. 112/7 of 2004 and the only prayer made in the appeal was for quashing the annual rental value of the property so determined.2. The petitioner did not challenge any demand bill of house tax and property tax based on such annual value of the property and, therefore, in accordance with the provisions of Section 472, the petitioner did not deposit any money at the time of filing of the appeal.3. On record is...
Ewing Christian College Society Vs. Chief Commissioner of Income-tax
Court: Allahabad
Decided on: May-12-2009
Reported in: [2009]318ITR160(All)
1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature certiorari quashing the order dated October 25, 2007, passed by the Chief Commissioner of Income-tax, Allahabad, filed as annexure 6 to the writ petition, and other consequential reliefs.2. Briefly stated the facts giving rise to the present writ petition are as follows:3. According to the petitioner, Ewing Christian College Society was constituted some times in the year 1902 and runs educational institutions in the State of Uttar Pradesh. One of the institutions, namely, Ewing Christian College, Allahabad, has been identified by the University Grant Commission as a college with potential and excellence. It is a constituent college of the University of Allahabad and has been granted status of an autonomous college. Under Section 10(23C)(vi) of the Income-tax Act (hereinafter referred to as 'the Act'), all educational institutions e...
Bhoore and ors. Vs. Additional Commissioner (Judicial), Moradabad Divi ...
Court: Allahabad
Decided on: May-12-2009
Reported in: 2009(4)AWC3916
S.P. Mehrotra, J.1. The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 27.9.2007 (Annexure-3 to the writ petition) passed by the Additional Commissioner (Judicial), Moradabad Division, Moradabad (respondent No. 1).2. From the averments made in the writ petition, it appears that against the order dated 9.12.1998, passed by the Sub-Divisional Officer, Nageena cancelling patta in respect of the land in question, the petitioners filed a revision on 1.12.1999 under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short 'the Z.A. Act'). The said revision was dismissed in default on 24.6.2004 by the Additional Commissioner (Judicial), Moradabad Division, Moradabad (respondent No. 1).3. Copy of the said order dated 24,6.2004 has been filed as Annexure-1 to the writ petition.4. A restoration application dated 14.6.2007, alongwith an application under Section 5 of the Limitation Act o...
Shalimar Furnishers Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: May-12-2009
Reported in: (2010)27VST95(All)
Bharati Sapru, J.1. Heard learned senior counsel Sri Bharat Ji Agrawal assisted by Sri Piyush Agrawal, learned Counsel for the assessee and Sri B.K. Pandey, learned standing counsel for the State.2. The present revision has been filed by the assessee under Section 11 of the U.P. Trade Tax Act, 1948 by the assessee being aggrieved by the order passed by the Tribunal dated September 23, 1999. The questions of law referred to are hereunder:(1) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal was justified in not accepting the report of the Valuer which clearly indicates that the investment in the applicant unit was less than Rs. 3,00,000?(2) Whether, on the perusal of the registration certificate issued under the U.P. and Central Sales Tax Act, 1956 the inference drawn by the Tribunal that the applicant has used the challan of some other firm appears to be incorrect?(3) Whether, on the facts and circumstances of the case, the Trade Tax Tribunal was justif...
Lala Vishambhar Dayal Vs. Ishwar Singh and anr.
Court: Allahabad
Decided on: May-12-2009
Reported in: 2010(1)AWC184
Sanjay Misra, J.1. Heard Sri K.M. Garg learned Counsel for the plaintiff-appellant and Sri Anupam Kumar learned Counsel of the defendant-respondent. Point Nos. 7 and 8 framed in the Memorandum of Appeal are the substantial questions of law required to be considered. Learned Counsel for the parties agree that this second appeal be decided today itself.2. According to Sri K.M. Garg, the plaintiff is the grandfather of Sachin and Smt. Sarla Devi is the grandmother of Sachin. Admittedly, Sachin has already died. Smt. Sarla Devi had purchased the property in question from one Sri Shyam Lal by a registered sale deed dated 14.6.1989 in the name of Sachin (minor) described as son of late Sunil Kumar. Since Sunil Kumar had predeceased Sachin, a dispute arose after the death of Sachin relating to the succession of the plot in question. It is admitted between the parties that half portion of the plot in question was purchased by Naresh Kumar who was son of the plaintiff-appellant and brother of l...
Triloki Nath Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-11-2009
Reported in: 2009(3)AWC2601
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against order dated 19.7.1999, passed in Case No. 512 of 1998, State of U.P. v. Triloki Nath. The order was passed by Assistant Stamp Commissioner/Collector (Stamp) District Kushi Nagar in respect of sale deed No. 2993/92. Proceedings for determination of stamp deficiency were initiated under Section 47A of Stamp Act. Through the said sale deed 0.20 acres land of Plot No. 2386 was sold in favour of the petitioner for Rs. 20,000. According to the inspection report the valuation was Rs. 1,60,000 and corresponding deficiency in stamp duty was Rs. 17,500 and deficiency in registration fee was Rs. 40. However, through the impugned order the Assistant Stamp Commissioner held that valuation was Rs. 2,43,000 and it was directed that Rs. 27,875 must be paid as deficiency in stamp duty, Rs, 85 as penalty and Rs. 40 as deficiency in registration fees (total Rs. 28,000). The said order was challenged through re...
Kanpur Aluminium Stores Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: May-11-2009
Reported in: (2009)25VST17(All)
Bharati Sapru, J.1. Heard learned Senior Counsel Shri Bharat Ji Agarwal assisted by Shri Piyush Agarwal and Shri Nimai Das, learned Standing Counsel for the State.2. This revision has been filed against an order of the Trade Tax Tribunal dated March 14, 2001 for the assessment year 1982-83. There are two other trade tax revisions which have been filed against the same order for the assessment years 1980-81 and 1982-83 being T.T.R. Nos. 366 of 2001 and 367 of 2001 and they are also been decided by this judgment.3. The questions of law referred to are as hereunder:1. Whether, on the facts and circumstances of the case, the Trade Tax Tribunal after recording a finding in favour of the applicant that the notice by affixation on March 27, 1985 was not legal and valid, was not justified in treating the service of notice on Madan Lai, who was admittedly the brother of the wife of the sole proprietor of the applicant as legal and valid?2. Whether, on the facts and circumstances of the case, th...
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