Allahabad Court December 2010 Judgments
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Ms. Oriental Carbon and Chemicals Ltd. Vs. State of U.P. and Another.
Court: Allahabad
Decided on: Dec-16-2010
1. In the aforesaid writ petitions, the petitioners have challenged the validity of Rules 12A(5), 12B(4), 12C(3) and 25B(3) of the U.P. Trade Tax Rules (called the 'Rules' for short) as amended by the U.P. Trade Tax (Amendment) Rules, 2001and further seeking a direction in the nature of mandamus reading down the aforesaid Rules insofar as it provides that the forms issued in particular financial year shall be valid for the transactions of purchase and sale made during two financial years immediately preceding to that year, as not applicable to the transactions of sale or purchase which are not disputed by the Department. 2. All the aforesaid amended Rules provide that the form issued by the Trade Tax Officer in a financial year shall be valid for the transactions of purchase or sale made during that financial year as also made during two financial years immediately preceding the financial year. 3. The petitioners are aggrieved by the aforesaid amended Rules as the forms furnished by th...
Ms Commercial Auto Sales (P) Ltd. Vs. Ms Auto Sales (Properties)
Court: Allahabad
Decided on: Dec-15-2010
1. A memorandum of understanding understood by the parties thereto differently has given rise to these proceedings that have travelled from the court of Judge Small Causes to the High Court then to the Supreme Court and now pending here. The plaintiff-opposite party claims that a relationship of landlord and tenant or lessor and lessee came into existence whereas the defendant-revisionist denies any such relationship. That they are related to each other and belong to the same family is however accepted by all of them. The intention of the parties at the time of recording the memorandum is differently put forth hence the exercise undertaken to come to an understanding has come on the verge of being a futile exercise. 2. The Judge Small Causes, Allahabad in SCC No. 13 of 1997 found the relationship of landlord and tenant to be established between the parties and he decreed the suit for eviction and arrears of rent on 05.02.2003. He held that the provisions of UP Act no. 13 of 1972 (U.P. ...
Pramod Kumar Dixit and Another Vs. Central Administrative Tribunal and ...
Court: Allahabad
Decided on: Dec-15-2010
1. This writ petition has been filed: (i) to seek a writ, direction or order in the nature of certiorari for quashing the order dated 07.05.2009 passed by the Central Administrative Tribunal (hereinafter referred to as ''the CAT') in O. A. No.199/2009; (ii) to seek a writ, direction or order in the nature of mandamus commanding the CAT to admit and decide the original application on merit after remanding the case to the CAT; (iii) to seek indulgence of the Court against the order passed by the CAT while flouting the order of the High Court dated March 3, 2009 and (iv) for issuance of a writ, direction or order as is deemed fit and proper in the facts and circumstances of the case. 2. It appears that the petitioners filed an application dated 26.02.2009, supported by an affidavit, in a pending writ petition No. 520 (S/B) of 2007, praying therein that they be permitted to withdraw the writ petition with liberty to file an O.A. before the CAT to claim appropriate relief. A co-ordinate Div...
Ratan Singh Vs. Gaon Sabha Loom and ors.
Court: Allahabad
Decided on: Dec-15-2010
1. Heard Sri Anil Sharma learned counsel for the plaintiff appellant. 2. This is a second appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 5.3.2010 passed in Civil Appeal No. 1 of 2008 Ratan Singh Vs Gaon Sabha & Ors. whereby the appeal of the plaintiff has been dismissed and the judgment and decree dated 15.12.2007 passed in Original Suit No. 115 of 2002 has been confirmed whereby the injunction sought by the plaintiff has been refused. 3. Sri Sharma has referred to the judgment of the Trial Court and points out to the findings recorded on Issue no. 1 which was, whether the plaintiff is owner in possession of the land in dispute on the basis of an allotment. He states that the Trial Court has categorically recorded a finding that the plaintiff is in possession although not on the basis of an allotment. According to Sri Sharma even an unauthorised occupant/trespasser cannot be evicted otherwise than by following due process of law ...
The Oriental Insurance Co. Ltd. Vs. Smt. Dayawati and Another
Court: Allahabad
Decided on: Dec-14-2010
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 23.02.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 621 of 2004 filed by the claimant-respondent no. 1 for compensation on account of damage to the property of the claimant-respondent no.1 (namely, the Plant, Machinery, Tools and other accessories used in the garage of the claimant-respondent no.1 for repair, maintenance and service of motor vehicles) in the garage of the claimant-respondent no.1). 2. It may be mentioned that two connected Motor Accident Claim Cases, namely, Motor Accident Claim Case No. 620 of 2004 and Motor Accident Claim Case No. 621 of 2004 were also decided by the said Award. 3. Motor Accident Claim Case No. 619 of 2004 pertained to the claim for compensation on account of the damage to the property of M/s Mohan Car Care Center (namely, the Plant, Machinery, Tools and other accessories used...
Surendra Singh Yadav Vs. Union of India and Another
Court: Allahabad
Decided on: Dec-14-2010
1. This appeal challenges the judgment and order dated 02.03.2006, passed by His Lordship Hon'ble Mr. Justice Dilip Gupta, sitting singly, in Civil Misc. Writ Petition No.39526 of 1998 (Surendra Singh Yadav v. Union of India & Another). 2. The judgment aforesaid is assailed on the ground that there is no statutory format prescribed for submitting an application for appointment to the post of Constable (Recruit). It is also stated that the petitioner-appellant had actually been acquitted in Criminal Case No. 458 of 1997, under Sections 323, 325, 504 I.P.C. P.S. Saidpur, District Ghazipur, hence any omission in furnishing his antecedents in the verification roll in the application form could not have been a ground for dismissing the appellant from service. It is also stated that the learned Single Judge has failed to notice in the writ petition the judgment dated 24.09.1999, passed by His Lordship Hon'ble Mr. Justice O.P. Garg in C.M.W.P. No. 4591 of 1999 in re: Anuj Kumar v. D.I.G. ...
The Oriental Insurance Co. Ltd. Vs. Ms Mohan Car Care Centre and Anoth ...
Court: Allahabad
Decided on: Dec-14-2010
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 23.02.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 619 of 2004 filed by the claimant-respondent no. 1 for compensation on account of damage to the property of the claimant-respondent no.1 (namely, the Plant, Machinery, Tools and other accessories used in the garage of the claimant-respondent no.1 for repair, maintenance and service of motor vehicles) in the garage of the claimant-respondent no.1). 2. It may be mentioned that two connected Motor Accident Claim Cases, namely, Motor Accident Claim Case No. 620 of 2004 and Motor Accident Claim Case No. 621 of 2004 were also decided by the said Award. 3. Motor Accident Claim Case No. 620 of 2004 pertained to the claim for compensation on account of the damage to the car of the claimant-respondent no.1 while Motor Accident Claim Case No. 621 of 2004 pertained to the ...
Manoj Agarwal and ors Vs. Collector, Lucknow and ors.
Court: Allahabad
Decided on: Dec-14-2010
1. M/s. Richa Telecom, a propriety firm of the petitioner, entered into an agreement with M/s. ICICI Prudential Life Insurance Company Limited (hereinafter referred to as the 'ICICI Company') for providing telecom services. Pursuant to that, according to the petitioner, he took a number of telephone connections from various telecom companies, including Bharat Sanchar Nigam Limited (BSNL), which were installed at various offices of the ICICI Company. There arose some disputes and differences between the petitioner and the ICICI Company in respect of payment of bills, which have been referred to an Arbitrator. 2. According to the petitioner, the telecom companies including BSNL - respondent no.3, raised several bills for various telephone connections taken by the petitioner at various locations across the Uttar Pradesh and Uttaranchal, and on 21.06.2010, respondent no.3 sent a recovery certificate to the Collector, Lucknow for recovery of a sum of Rs. 1,65,699/- towards arrears of teleph...
State of U.P. Thru Secy. Irrigation Vs. Rakesh Kumar
Court: Allahabad
Decided on: Dec-13-2010
1. Heard learned counsel for the parties and perused the record. 2. The present appeal has been preferred under Chapter VIII Rule 5 of the Rules of the Court against the impugned judgement and order dated 2.5.2006 passed by Hon'ble Single Judge in Writ Petition no. 3608(SS) of 2006. Respondents petitioner being aggrieved with an order dated 7.3.2006 whereby his request for appointment under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short hereinafter referred as the Rule) was rejected by Executive Engineer, Tube-well Division II, district Sultanpur on the ground that his father was appointed on 3.10.1991 as part time tube-well operator and thereafter died on 28.11.2004, hence, the dependents are not entitled for appointment on compassionate ground. 3. Before Hon'ble Single Judge the respondents had relied upon a judgement of this Court in Writ petition no. 51469 of 2005, Vijay Kumar Yadav v. State of U.P. dated 25th July, 2005 in whi...
Ganga Ram Sharma Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-13-2010
1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. Heard learned counsel for the petitioner, the respondent no. 2 and the learned AGA and perused the record. 3. This is a petition under Article 226 of the Constitution of India for quashing the proceeding of Complaint Case No. 4078 of 2008 (Harveer Singh v Ganga Ram Sharma) as well as the orders dated 24.04.2006 and 25.05.2010 passed respectively by the learned Additional Chief Judicial Magistrate, Court No. 6, Bareilly and the Additional Sessions Judge, Court No. 10, Bareilly mainly on the ground that the petitioner filed a false complaint under sections 498/380 IPC against him and one Smt. Rekha Sharma, who is the petitioner's wife and publicized the filing of the complaint in various news papers and thereby defamed him (the respondent no. 2) and, thereby, committed the offence punishable under section 500 read with section 499 IPC. The learned Additional Chief Judicial Magistrate passed the summoning ...
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