Allahabad Court June 2009 Judgments
Pooran Singh and ors. Vs. Additional District Judge/Special Judge (D.A ...
Court: Allahabad
Decided on: Jun-30-2009
Reported in: 2009(4)AWC3854
S.U. Khan, J.1. Heard learned Counsel for the parties on the restoration application as well as merit of the writ petition. Cause shown is sufficient, restoration application is allowed. Order dated 2.3.2007 dismissing the writ petition In default is set aside. Writ petition is restored.2. This is tenant's writ petition arising out of suit for eviction filed by landlord-respondents No. 2 to 10, Khoob Chand and others. Eviction was sought on the ground of default and prayer for recovery of arrears of rent was also made. Suit was registered as S.C.C. Suit No. 33 of 1981 and was dismissed by J.S.C.C., Lalitpur on 20.1.1992. Against the said judgment and decree landlords respondent filed S.C.C. Revision No. 7 of 1992. A.D.J./Spelcal Judge (D.A.A.), Lalitpur, through judgment and order dated 26.2.1998 allowed the revision set aside the judgment and decree passed by the trial court and decreed the suit of the landlord respondents for eviction and recovery of arrears. This writ petition is di...
Tag this Judgment!Chandan Kosta Vs. State of U.P.
Court: Allahabad
Decided on: Jun-30-2009
Reported in: 2009CriLJ4315
ORDERArun Tandon, J.1. This revision under Section 397(1) has been filed against the order of the Chief Judicial Magistrate, Jalaun at Oral dated 4-5-2009, wherein he has rejected the application (Paper No. 75 Kha) made by the revisionist for the proceedings in Crime Case No. 2384 of 2008 being stayed till further investigation reports are received. Facts relevant for deciding the present revision are as follows:2. One Ashok Jatav made an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Jalaun at Orai on 16-1-2008, which was numbered as Misc. Application No. 22 of 2008, alleging therein that police has not taken any action on the application made by the applicant qua the criminal acts as reported in the application against the present revisionist. On the said application the Chief Judicial Magistrate called for report from the concerned police station. The police submitted its report and thereafter the Chief Judicial Magistrate vide order dated 30.01.2008 ...
Tag this Judgment!Commissioner of Income-tax Vs. Raja Pal Automobiles
Court: Allahabad
Decided on: Jun-30-2009
Reported in: [2010]320ITR185(All)
Ritu Raj Awasthi, J.1. The present income-tax appeal filed under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') was admitted, vide order dated September 4, 2000 on the following substantial question of law:(i) Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the case of the assessee is covered under Rule 6DD of the Income-tax Rules, 1962, in deleting the additions made by the Assessing Officer by applying the provisions of Section 40A(3) of the Income-tax Act, 1961?2. The brief facts giving rise to the present appeal are as follows:3. The present appeal relates to the assessment year 1987-88.4. The respondent-assessee is a firm and was engaged in transport business of plying buses.5. As per the assessment order dated February 6, 1989, notice under Sections 143(2) and 142(1) and detailed notice under Section 143(3) (consolidated for the assessment years 1986-87 and 1987-88) were issued to the assessee-respon...
Tag this Judgment!Ali HusaIn Vs. U.P. Sahkari Gram Vikas Bank Ltd. and ors.
Court: Allahabad
Decided on: Jun-30-2009
Reported in: 2010(1)AWC572
Sudhir Agarwal, J.1. The petitioner is aggrieved by non-grant of super time scale with effect from 1.3.1995 and also the adverse entry recorded for the year 1994-95 communicated to the petitioner vide letter dated 19.6.2000 (Annexure-6 to the writ petition).2. The petitioner was working as Branch Accountant in U.P. Sahkari Gram Vikas Bank Limited. For the year 1994-95, it appears that he was granted an adverse entry by Reviewing Officer which was communicate to him by the District Manager, U.P. Co-operative Rural Development Bank Ltd., Lucknow requiring him to submit representation if any. By another order dated 19.6.2000, he has been informed that due to adverse entry recorded for the year 1994-95, he could not have been granted super time scale fell due on 1.3.1995.3. Learned Counsel for the petitioner assailed the order dated 19.6.2000 as also the adverse entry communicated to him by letter dated 9.5.2000, primarily on the following two grounds:(1) Communication of adverse entry aft...
Tag this Judgment!Shyam Lal Vs. State of U.P.
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009CriLJ4486
Vijay Kumar Verma, J.1. 'What offence is made out on the basis of possession of counterfeit currency notes' is the main point that falls for consideration in this bail application. 2. Another important point for consideration is 'Whether on granting bail by a Bench to one accused, another Bench also is bound to grant bail to similarly placed accused on the principle of parity?' . 3. By means of this application under Section 439 of the Code of Criminal Procedure (in short, 'the Cr.P.C.), prayer for bail has been made on behalf of the applicant Shyam Lal s/o Ram Kishore in case crime No. 485/2007 under Sections 489A, 489B, 489C, 489D, 489E I.P.C. and 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act (in short, 'the Gangsters Act') of P.S. Saini, Distr ict Kaushambi. 4. An FIR was lodged on 31.10.2007 by Sri v. R. Premi, S.H.O. P.S. Saini, District Kaushambi. A case under Section 489-A, 489-B, 489-C, 489-D and 489-E IPC was registered at crime No. 485/2007 against three pers...
Tag this Judgment!Smt. Archana Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009(4)AWC3394
Dilip Gupta, J.1. The petitioner, a Lecturer in 'Sri Agrasen Kanya Inter College, Varanasi' (hereinafter referred to as the 'College'), has sought the quashing of the order dated 20th November, 2007, passed by the Authorised Controller of the College as also the consequential order dated 6th December, 2007, passed by the District Inspector of Schools, Varanasi (hereinafter referred to as the 'D.I.O.S.') whereby by the former order, a direction has been given to Smt. Sangeeta Banerjee, Lecturer in College, to discharge duties as Officiating Principal of the College and by the latter her signatures have been attested. The petitioner has also sought a direction upon the respondents not to disturb the working of the petitioner as the Officiating Principal of the College.2. The regular Principal of the College retired in the year 2000 after attaining the age of superannuation. In the absence of regular Principal, Prem Lata Sinha, a Lecturer in the College, was appointed as the Officiating P...
Tag this Judgment!Abdul Hafeez Khan Alias Chakkan (D.) by L.Rs. Vs. Civil Judge and ors.
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009(4)AWC3532
S.U. Khan, J.1. At the time of argument no one appeared on behalf of contesting respondents even though the case was taken up in the revised list. Accordingly only the arguments of learned Counsel for the petitioner were heard.2. This writ petition arises out of execution proceedings. Original respondent No. 3, Durga Charan since deceased and survived by legal representative obtained a money decree against the petitioner which was put in execution for the first time in the year 1973 in the form of Execution Case No. 207 of 1973. Uptil that time decretal amount was Rs. 1347. The property of the petitioner was sold in execution, however, on the objections of the petitioner the sale was set aside, again same thing followed. For the third time the following property of the petitioner was auctioned on 14.8.1981 in realisation of the dues.3. Plot. No. 1356 Area 1.45 acres.4. Plot No. 1180 Area 1.86 acres.5. In the auction property was purchased by original respondent No. 4, Ayodhya Prasad si...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Maqsood Alam and anr.
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009(4)AWC3645
Amitava Lala, J.1. U.P. State Road Transport Corporation has preferred this appeal against the judgment and order passed by the concerned Motor Accidents Claims Tribunal, Ghaziabad dated 5.3.2009. By the said judgment and order, a sum of Rs. 2,19,000 alongwith interest has been awarded to the parents of the deceased, who are the claimants-respondents herein.2. By challenging the award, the appellant has contended that the deceased died as bachelor at the age of 21 years and one-third has been deducted from his monthly income on account of expenditure. It has been contended by the appellant that the deceased was unemployed. However, the same has been objected by the learned Counsel appearing for the claimants. From the judgment and award we find that the Court arrived at a monthly income of Rs. 1,000 from the private tuition after deducting a sum of Rs. 500 as expenditure and compensation has been awarded, which according to us, cannot be said to be on the higher side. However, learned ...
Tag this Judgment!Tarkeshwar Singh Vs. Secretary, Central Board of Secondary Education a ...
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009(4)AWC3849
Vineet Saran, J.1. The petitioner is a student of Class-XII. He was to appear in the Intermediate Examination conducted by the respondent No. 1 - C.B.S.E. for the session 2007-08 but due to shortage of attendance, his examination form was not accepted. He thus filled the form for appearing in the Intermediate Examination for the session 2008-09 as a private candidate showing himself as failed in the examination. However, since his admit card was not issued, he filed this writ petition. At the time of the filing of the writ petition, Sri H.N. Pandey, learned Counsel for the respondent-Board, who had received instructions, made a statement that the application form of the petitioner was not accepted because the petitioner had wrongly mentioned that he had failed in the examination. However, on 2.3.2009, this Court had passed the following interim order:Heard Counsel for the petitioner and Sri H.N. Pandey for respondents.Contention of the Counsel for the petitioner is that petitioner coul...
Tag this Judgment!Smt. Anita Vs. Additional District Judge and anr.
Court: Allahabad
Decided on: Jun-29-2009
Reported in: 2009(4)AWC3852
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Petitioner was declared elected as Chairman, Nagar Panchayat Bhokarheri, district Muzaffarnagar on 6.11.2006. Respondent No. 2, Smt. Bina was also contesting for the said post. She lost by a margin of about 640 votes. Respondent No. 2 filed election petition under Section 20 of U.P. Municipalities Act of 1916 against the petitioner challenging her election and seeking further relief that either she might be declared as Chairman of the Nagar Panchayat or re-election might be directed (Annexure-IV to the writ petition is the copy of the election petition). The main ground taken in the election petition is that the writ petitioner, i.e., elected candidate, opposite party in the election petition was under age as her date of birth according to her high school certificate was 18.6.1979 and on the date of nomination she was only 27 years and few months old while the minimum age prescribed is 30 years. Election petition is pending befor...
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