Allahabad Court April 2010 Judgments
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Akhilesh Jaiswal Vs. Madan Lal
Court: Allahabad
Decided on: Apr-30-2010
Devendra Pratap Singh, J.1. Heard Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Ankur Sharma for the petitioner and Sri M.K. Gupta for the respondent-landlord.2. This petition by the tenant is directed against concurrent judgments dated 24.5.2000 and 7.3.2009 by which a suit for eviction and arrears of rent filed by the respondent-landlord has been decreed by both the courts below.3. The respondent-landlord preferred a S.C.C. suit No. 115 of 1995 against the petitioner-tenant inter-alia on the allegation that he was a tenant of the disputed shop at a monthly rent of Rs. 450/-but he changed the usage and was in arrears of rent from 1.4.1990 and despite notice dated 19.4.1994 and 29.4.1994, neither he paid the rent together with damages etc. nor vacated the premises, forcing him to file the said suit for eviction and arrears of rent with the allegation that the U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) was not applicable and his tenancy stood determi...
Gyas Ahmad and ors. Vs. Additional Commissioner (Judicial), Lucknow Di ...
Court: Allahabad
Decided on: Apr-30-2010
Rakesh Sharma, J.1. Heard Sri Kapil Misra, learned Counsel for the petitioners and learned Standing Counsel, who has put in appearance on behalf of respondent Nos. 1 to 3. Legal Heirs and Legal representatives of Respondent No. 4, deceased, have been represented by Sri M.E. Khan.2. Through this writ petition, the petitioners have assailed the order dated 30.11.1993 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow and the order dated 23.8.1984, passed by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Ceiling Act), who has dismissed the petitioners/tenureholders' objections filed under Section 11(2) of the Ceiling Act. The land in dispute is agricultural land situate in Village Barithana, District Unnao.3. As per learned Counsel for the petitioners, on 3.1.1981, the petitioner No. 1, namely, Gyas Ahmad, the petitioner No. 1 had filed objections under Section 12 of the Ceiling Act, responding to...
Lakshmi Sugar and Oil Mills Limited and anr. Vs. State of U.P. and ors ...
Court: Allahabad
Decided on: Apr-30-2010
Rakesh Sharma, J.1. This writ petition, under Article 226 of the Constitution of India, has been preferred by a Registered Limited Company, known as M/s. Lakshmi Sugar and Oil Mills Limited, Hardoi, against the three orders passed by the Consolidation Authorities, that is, by the Consolidation Officer, Sadar, Hardoi, Settlement Officer, Consolidation, Hardoi and the Collector/District Deputy Director of Consolidation, Hardoi, dated 2.9.1992, 24.1.1997 and 6.12.2006, respectively, by which the name of U.P. State Sugar Corporation has been recorded in the revenue and consolidation records in respect of the agricultural land held by the petitioner No. 1-company. The interpretation of the Acquisition Notification involved in the present case is whether the land separate from the acquired Sugar Factory/Mill and its appurtenant land would be treated to be agricultural land or part of the Sugar Factory/Mill.2. The petitioner No. 2, Saran Vinod, claims himself to be the authorised signatory, a...
Ramji and ors. Vs. Ram Lakshaman Janaki Bal Mukund Ji Trust and ors.
Court: Allahabad
Decided on: Apr-30-2010
Devendra Pratap Singh, J.1. Heard learned Counsel for the parties.2. This petition is directed against concurrent judgments dated 31.10.2007 and 12.1.2009 by which both the courts below have decreed the suit filed by the respondent-landlord for eviction and arrears of rent.3. The necessary facts are that the respondent-landlord instituted a suit No. 24 of 2002 before the Judge, Small Cause Court inter-alia with the allegation that Late Kishori Lal Srivastava occupied the disputed shop as a tenant where he was running a tailoring shop. After his death, his heirs became joint tenants. Initially the rent of the shop was Rs. 4/-per month but from January, 1990 with mutual consent, it was increased to Rs. 100/-per month and the defendant No. 1 was running the business in the disputed shop on behalf of all the heirs but he defaulted in payment of rent from January, 1990 and in fact, had closed down the shop and despite notice dated 12.2.2002, neither the rent for about 45 months was paid nor...
Commissioner of Income Tax and Dy. Commissioner, Income Tax Vs. India ...
Court: Allahabad
Decided on: Apr-29-2010
Devi Prasad Singh, J.1. In both these two income tax appeals, under Section 260A of the Income Tax Act, 1961 (in short the 'Act') common question of law is involved. Hence both the appeals are decided by this common judgment.2. The common question of law involved in both these appeals, relates to interpretation of Explanation-5 of Sub-section (1) of Section 32 of the Act with regard to depreciation.Brief Facts:3. The dispute relates to assessment year 1993-94 with regard to depreciation extended by the Assessing Authority to the Company Assessee. The Company Assessee filed its return of income for the Assessment Year 1995-96, showing loss of Rs. 7,28,28,563.00. The case was processed under Section 143 (1) (a) of the Act. A revised return was also filed on 6.12.1996 showing the increase of loss of Rs. 8,62,34,202.00.4. The case was selected for scrutiny and the assessment was completed under Section 143 (3) of the Act with net loss of Rs. 2,95,38,395.00. The Assessing Officer observed t...
imran and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-29-2010
Rajesh Chandra, J.1. This writ petition has been filed under Article 226 of the Constitution of India by the petitioners Imran and others for issuing a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 04.12.2009 in case crime No. 997 of 2009, under Sections 498-A, 323, 506 I.P.C. and 3/4 D. P. Act, P.S., Chakeri, District, Kanpur Nagar, (Annexure No. 1 to the writ petition). It has been further prayed that writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in the above mentioned case may also be issued.2. The facts as are discernable from the papers filed with this writ petition are that informant Shahid Hussain lodged a First Information Report at P.S., Chakeri, District, Kanpur Nagar on 04.12.2009 at 2:00 p.m. against the petitioner Imran, his family members and relatives mentioning therein that informant's Sister Smt. Salma Khatoon was married to the petitioner Imran on 0...
Shailesh Kumar Srivastava Vs. State of U.P. Through Principal Madhyami ...
Court: Allahabad
Decided on: Apr-29-2010
Anil Kumar, J.1. Heard Sri Anurag Srivastava, learned Counsel for the petitioner and Sri V.S. Tripathi, learned Additional Chief Standing Counsel.2. By means of the present writ petition, the petitioner has challenged the impugned order dated 08.02.2007 passed by District Inspector of School, Bahraich (Annexure-6).3. Learned Counsel for the petitioner further submits that the petitioner's father Sri Sushil Kumar Srivastava who was working as L.T. Grade Teacher in Gandhi Inter College, Baharaich (hereinafter referred to as the 'Institution') died during his tenure of service on 28.03.1998 . After the death of Sri Sushil Kumar Srivastava who was the sole bread earner of the family, as such an application has been submitted by the petitioner for consideration of his case for appointment on compassionate ground, the said application of the petitioner was forwarded by the Institution in question on which deceased Sri S.K. Srivastava was working to the District Inspector of School, thereafte...
Union of India (Uoi) Vs. U.P. Asbestos Ltd.
Court: Allahabad
Decided on: Apr-29-2010
Rajiv Sharma, J.1. Heard Ms. Deep Shikha, learned Counsel for the appellants and Mr. R. K. Agarwal, learned Counsel for the Respondents.2. As the common questions of facts and law are involved in the aforementioned cases, they are taken up together for common orders.3. The respondents preferred cases before the Railway Claims Tribunal seeking compensation on account of damage to the cement bags. The appellant-resisted the claim on the ground that the consignment was accepted for carriage under Protective Risk Rate Remarks, which was accepted by the consignor/consignee and no protest was lodged on this score either by the consignee or consignor. It was further claimed by the appellant that the respondent being a regular customer was in full knowledge that there are no covered sheds for such inwards consignments at Mohanlalganj. The date of booking did not relate to the monsoon period. After considering all these aspects, the Tribunal passed the impugned order. Being aggrieved, the afore...
Uma Shankar Yadav S/O Raghu Nath Yadav Vs. State of U.P. Thru Secretar ...
Court: Allahabad
Decided on: Apr-28-2010
Anil Kumar, J.1. By means of the present writ petition, the advertisement dated 12.03.2010 published for appointment on the post of Clerk which belong to class-III category in Nehru Smarak Inter College, Pratapgarh in Hindi Newspaper 'Dainik Jagran' is under challenge.2. Heard Sri R.B.S. Rathour, learned Counsel for the petitioner and Sri V.S. Tripathi, learned Additional Chief Standing Counsel and Sri A.M. Tripathi on behalf of opposite parties.3. Facts in brief as submitted by learned Counsel for the petitioner are that the petitioner's father late Raghu Nath Yadav who was working as Class-IV employee in the institution known as Nehru Smarak Inter College, Kodrajeet, Dhanwasa, District Pratapgarh (hereinafter referred to as the Institution), during the tenure of his services died on 07.07.2000. After the death of Sri Raghu Nath Yadav who was sole bread earner in the family, an application on behalf of the petitioner was moved for giving compassionate appointment.4. He further submits...
Chandrapal Singh Vs. Board of Revenue
Court: Allahabad
Decided on: Apr-28-2010
Rakesh Sharma, J.1. Heard learned Counsel for the petitioners and learned Standing Counsel and perused the record.2. Through this writ petition the petitioners have assailed the judgments passed by the Board of Revenue on 4.1.2010, by the Additional Commissioner on 9.11.1994 and by the Additional Tehsildar, Tehsil Kiserganj, Now Mahsi, District Baharaich.3. It emerges from the record that the petitioners are nephews i.e. brother's son of Late Sri Kant Singh in respect of whose land the dispute has arisen. Lt. Sri Kant Singh had died on 15.11.1985 leaving behind his wife Rajhuraji Alias Dharma and a married daughter Durgawati. During mutation proceedings before the concerned Additional Tehsildar objections were raised by the petitioners staking their claim in the agricultural land left behind by their Uncle Lt. Sri Kant Singh. The Additional Tehsildar had taken note of the versions of the contesting parties, applying the line of succession as given in Section 171 of U.P. Zamindari Aboli...
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