Allahabad Court March 2010 Judgments

Vijay Kumar Upadhyay Vs. Additional District Judge and ors.

Court: Allahabad

D.K. Arora, J.1. By means of present writ petition, the petitioner has challenged the judgment and order dated 21.10.2009, passed by the Additional District Judge, Lucknow and the order dated 04.04.2008, passed by the Judge Small Causes Court, Lucknow.2. Heard Sri R.N. Gupta assisted by Sri Pankaj Gupta, learned Counsel for the petitioner and Sri Jaspreet Singh, learned Counsel for the opposite parties No. 3 to 8.3. The facts, in brief, as submitted by the learned Counsel for the petitioner, are that the controversy in the present case relates to a premises bearing No. 227/24/25, Astabal Yahiyaganj, Lucknow, owned by Late Sri Badri Prasad Gupta and Smt. Raj Kumari (here-in-after referred to as the premises in dispute). The boundaries of premises, in dispute, are as under:East : Gali SarkariWest : House of Chhotelal CompounderNorth : Gali SarkariSouth : Portion of other tenant of the same premises.4. Sri Ram Sahai Upadhyaya was tenant in premises in question at monthly rent of Rs. 50/- ...

Commissioner of Cus. and C. Ex. Vs. Rana Sugar Ltd.

Court: Allahabad

Reported in: 2010(253)ELT366(All)

ORDER1. This is an appeal at the instance of the Revenue challenging the order of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi dated 7-9-2009 in Excise Appeal No. 2085 of 2009 [2010 (249) E.L.T. 247 (Tri. -Del.)] raising following question:Whether the interest is not recoverable under Rule 14 of the CENVAT Credit Rules, 2004 and penalty not imposable under Rule 15(1) of the CENVAT Credit Rules, 2004, if the inadmissible credit has been reversed before utilization?2. We have gone through the order of the Tribunal. We do not find any error.3. In the present case, the manufacturer has taken CENVAT Credit on the capital goods received for installation of their plant and machinery for the period from January, 2007 to February, 2007 for Rs. 89,41,540/-. Later on, it came to know that the Credit has been wrongly taken and, therefore, the manufacturer reversed the entry of the Credit and has not utilized such Credit for the payment of excise duty. However, the Central Excise...

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court: Allahabad

Devi Prasad Singh, J.1. Substantial questions of law involved in the present writ petition are:A. Whether Government may withdraw the rebate granted in pursuance to notification issued under Section 5 of the U.P. Trade Tax Act (in short hereinafter referred as the Act)? In case, Government has got power then under what circumstances?B. Whether in case industry is established and availing the rebate will entitle to avail the benefit for the remaining period even after withdrawal of notification issued under Section 5 of the Act under the principle of promissory estopple ?2. Brief facts are as under: Section 5 of the Act is an enabling provision which confers power on the state government to issue a notification in public interest along with rebate up to full amount of tax on sale and purchase of public goods or on sale or purchase of any goods by such person or class of person. The notification is issued in public interest to encourage the establishment of industries as well as to secur...

Anil Kumar Vs. State of U.P.

Court: Allahabad

S.C. Agarwal, J.1. This criminal appeal has been filed against the judgment and order dated 3rd July, 2006 passed by Additional Sessions Judge, Fast Track Court No. 5, Gautam Budh Nagar in Sessions Trial No. 45 of 2003, whereby the appellant Anil Kumar was convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs. 5000/-, in default of payment of fine to undergo further simple imprisonment for six months.2. The incident took place on 20.10.2002 at about 7:00 p.m. in Azad Vihar Khoda Colony, P.S. Sector 58, NOIDA, District Gautam Budh Nagar. The F.I.R. exhibit Ka-1 was lodged by the complainant Roop Chand (P.W. 1) on the same day at P.S. Sector 58, NOIDA at 21:10 hours. Distance of police station from the place of occurrence is 3 kilometers.3. The prosecution story, as unfolded in the F.I.R., is that the deceased Renu, the sister of complainant Roop Chand, was married with the appellant Anil Kumar about 61/2 years ago. After marriage, Anil K...

Chhote Lal Vs. State of U.P. and ors.

Court: Allahabad

Rajiv Sharma, J.1. Heard Counsel for the petitioner and the Standing Counsel.2. Brief facts of the case, as averred in the writ petition, are that the Deputy Director, Information and Public Relations Department required the petitioner to appear for interview on 2.6.1987 for selection and appointment on the post of Peon. The petitioner appeared before the Interview Committee with all the required documents. According to the petitioner's Counsel, the petitioner was selected but on a wrong premise, the appointment letter was issued to another Chhotey Lal son of Darshan- opposite party, who never appeared before the Selection Committee and the petitioner came to know this fact only in the year 1997. The petitioner was engaged as daily wager and worked from 1.9.1987 till 10.5.1988 with artificial break. In the background of the aforesaid facts, the petitioner has claimed for a writ of mandamus commanding the opposite parties to issue appointment letter to the petitioner.3. During the cours...

Oriental Insurance Co. Ltd. Vs. Smt. Sukhviri and ors.

Court: Allahabad

1. The present appeal has been filed by the Appellant Insurance Company against the judgment and order/award dated 30.5.2009 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Petition No. 281 of 2008, filed by the claimantrespondent Nos. 1 to 4 on account of the death of Soraj Singh in an accident which took place on 10.2.2008 at about 6.30 P.M..2. It was, interalia, stated in the Claim Petition that on 10.2.2008 at about 6.30 P.M., the deceased Soraj Singh was travelling alongwith Sahansar Pal and others in Maruti Van bearing Registration No. HR26L9129 from Muzaf far Nagar to Sarur Pur Khurd; and that the driver of the said Maruti Van was driving the same at a moderate speed on his correct side on Meerut Muzaf far Nagar Road; and that when the said persons reached near Kanta in jungle of village Bhaisi under Police Station Khatauli, District Muzaf far Nagar, a Truck bearing Registration No. HR38J8752 (hereinafter also referred to as 'the vehicle in question...

The Oriental Insurance Co. Ltd. Vs. Smt. Chandra Devi and ors.

Court: Allahabad

1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 25.07.2009 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 353 of 2008 filed by the claimant-respondent No. 1 on account of the injuries sustained by her in an accident which took place on 15.01.2008 at about 8 A.M.2. The case of the claimant-respondent No. 1 was that on 15.01.2008 at about 8 A.M., she was going on a Motorcycle bearing Registration No. UP 15 AB-0553 with her relative from Meerut to Ghaziabad to meet her relatives; and that when the claimant-respondent No. 1 reached near Moti Nagar on GT road before Gang Nahar, the driver of a black colour Pulsar Motorcycle bearing Registration No. UP 14 AK-6130 coming from behind and driving the Motorcycle rashly and negligently, hit the said Motorcycle No. UP 15 AB-0553, and as a result, the claimant-respondent No. 1 was thrown away from the Motorcycle and she fell on...

United India Insurance Co. Ltd. Vs. Smt. Archana Srivastava and ors.

Court: Allahabad

1. The present appeal has been filed by the Appellant Insurance Company against the judgment and order/award dated 14.7.2009 passed by the Motor Accidents Claims Tribunal, Allahabad in Motor Accident Case No. 510 of 2004, filed by the claimantrespondent Nos. 1 and 2 on account of the death of Manoj Kumar Srivastava in an accident on 5.7.2004 at about 5 O'clock in the evening.2. It was, interalia, stated in the Claim Petition that the said Manoj Kumar Srivastava was going on his motorcycle from Allahabad to Phoolpur on 5.7.2004 at about 5.00 P.M.; and that a Truck bearing Registration No. UP84 9967, which was being driven by its Driver rashly and negligently, hit the motorcycle of the said Manoj Kumar Srivastava on Katka Allahabad Road under Jhusi Police Station, Allahabad, as a result of which Manoj Kumar Srivastava sustained serious injuries, and he died on account of the said injuries.3. It was, interalia, further stated in the Claim Petition that at the time of the accident, the sai...

Sudama Prasad Vs. Gopal Dharmshala Thru., Manager O.P. Likhdhari and o ...

Court: Allahabad

Sibghat Ullah Khan, J.1. Heard learned Counsel for the parties.2. This is tenant petitioner's review application. Suit for eviction filed by respondents Nos. 1 and 2 landlords against tenant-petitioner for eviction and recovery of arrears of rent had been decreed by both the courts below (Judge Small Causes Court, Jhansi and Additional District Judge Court No. 4, Jhansi) on the ground of default (even though landlords had pleaded that the U.P. Urban Building Regulation of Letting Rent & Eviction Act 1972 was not applicable to the building in dispute however, this point was decided in favour of the tenant by the courts below and it was held that the Act was applicable). Number of the suit was SCC suit No. 69 of 1995 and it was decreed on 12.10.2000. Number of the revision was SCC revision No. 110/2000 and it was dismissed on 2.8.2007. Writ petition was dismissed by me on 31.8.2007. Regarding benefit of Section 20(4) of the Act which provides that if on the first date of hearing entire r...

inter College Hardoi Guzar (Jaloun) and ors. Vs. Joint Director of Edu ...

Court: Allahabad

Dilip Gupta, J.1. Inter College, Hardoi Gujar, Jalaun (hereinafter referred to as the 'Institution') and Brij Bhushan Mishra, claiming himself to be the President of the Committee of Management of the Institution have filed this petition for quashing the order dated 6th March, 2010 by which the Authorized Controller has finalized the list of Electoral College for holding the elections of the Committee of Management of the Institution.2. Sri N.K. Pandey, learned Counsel appearing for the Caveators has, however, stated that the elections have been notified to be held in the 1st week of April, 2010 though this fact is disputed by Sri M.M. Sahai, learned Counsel appearing for the petitioners.3. It transpires from the records of the writ petition that respondent No. 4 Jugal Kishore Tiwari, earlier filed Writ Petition No. 69593 of 2009 for a direction upon the Joint Director of Education (Secondary) Jhansi Division Jhansi, to ensure that the election for constituting the Committee of Managem...