Allahabad Court March 2011 Judgments
Vijay Kumar Ruia Vs. Commissioner Income Tax, Kanpur and Others
Court: Allahabad
Decided on: Mar-31-2011
1. Challenging the order dated 5.10.2000 (Annexure 9 to the writ petition) passed by the Commissioner of Income-Tax, Kanpur, the petitioner has prayed for issuance of a writ of certiorari quashing the same and a writ of mandamus directing the respondent No.1 to decide petitioner's appeal on merits within a time bound period. A further prayer has also been made for quashing confirmation of the auction sale and the sale certificate both dated 25.4.1988.2. A portion of immoveable property, plot No.80/87, Latouche Road, Kanpur was put to auction for realisation of certain income-tax dues outstanding in the name of Smt. Indramani Singhania. The auction was conducted on 22.3.1988. Respondent No.3 was the highest bidder. The auction was confirmed by the Tax Recovery Officer vide order dated 25.4.1988 and a certificate of sale in favour of the auction purchaser, respondent No.3 was issued on the same day. One Gobind Ram Tibrewal who was one of the executors of the Will of Smt. Indramani Singha...
Tag this Judgment!Vijay Singh Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-30-2011
1. Heard Shri Ray Sahab Yadav, learned counsel for the applicants, learned AGA for the State and Shri P.K. Rao, learned counsel for the complainant. 2. This application U/S 482 Cr.P.C has been filed with prayer to quash the summoning order dated 19.4.2008 passed by Additional Civil Judge ( Junior Division)/ Judicial Magistrate, Court No.11, Jhansi District Jhansi in complaint case No.176 of 2008, Police Station Mahila Thana Navabad, district Jhansi (Vandana v. Vijay Singh and others), whereby applicants were summoned to face trial under Sections 498-A, 323, 504 IPC and D.P. Act.3. Counter and Rejoinder Affidavits have been exchanged. 4. Applicant Nos.1 and 2 are husband and father-in-law of the opposite party No.2. Applicant Nos. 3 and 4 are the Jeths, applicant Nos. 5 and 6 are Jethanis, applicant No.7 is Devar, applicant No.8 is Nanad and applicant No.9 is Nandoi of the complainant. 5. The application under Section 156(3) Cr.P.C was filed by opposite party No.2 against the applicants...
Tag this Judgment!Malkhan Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-30-2011
1. Heard Mr Sudama Ji Shandilya for the applicant and Mr. N.D. Rai, learned AGA for the respondent no.1 and perused the record.2. The instant petition under section 482 of the Code of Criminal Procedure (in short 'the Code') has been filed for quashing the proceedings of criminal case no. 1830 of 1994, State vs. Hukum Singh (now Malkhan Singh), pending under section 7/16 of Prevention of Food Adulteration Act (in short 'the Act') in the court of First Additional Chief Judicial Magistrate, Jhansi and also for quashing the order dated 21.8.1999 passed in the said case.3. It appears that on 15.9.1993 at about 7.30 A.M., the food inspector took a sample of milk from a person, who told his name Hukum Singh son of Prabhu Dayal Yadav, resident of Paura, police station Sipri Bazar, district Jhansi. The sample of the milk was sent to Public Analyst for analysis, who found the sample adulterated as the fat contents were deficit. Consequently, the food inspector, after obtaining sanction as requi...
Tag this Judgment!Smt. Sughara Vs. D.D.C. and Others
Court: Allahabad
Decided on: Mar-30-2011
1. Heard learned counsel for the petitioner, Sri Vinod Dwivedi, who has put in appearance on behalf of the substituted heirs of the sole petitioner, Sri D.P. Srivastava holding brief of Sri Swapnil Srivastava for the contesting respondent and learned Standing Counsel for Respondent Nos. 1 and 2.2. Affidavits have been exchanged between the parties and the matter has been posted in the category of old cases for final disposal. Accordingly, the matter is being disposed of finally under the Rules of the Court. The dispute relates to Sirdari plots in the Khata in question namely Khata Nos. 99 and 144 situated in Village Nonha, Tappa Rudhauni, Pargana and Tehsil Bansi, District - Basti (now Siddarth Nagar). On the commencement of the consolidation proceedings, an objection was filed under Section 9-A of the U.P. Consolidation of Holdings Act by the petitioner claiming that she was entitled to 1/3rd share of the holding being daughter of Sampat, who admittedly had 1/3rd share in the Khata in...
Tag this Judgment!Surjeet Singh Vs. Additional District Judge Sitapur and ors.
Court: Allahabad
Decided on: Mar-29-2011
1. Sri Shiv Nath Tilhari, learned counsel for the petitioners and Sri Ratan Kant Sharma, learned counsel for contesting respondent.2. By means of present writ petition, petitioner challenged the order dated 7.12.2009 passed by Additional District Judge, Court no.5 Sitapur in Revision No. 2 of 2007 ( Surjeet Singh and others v. Nand Kishore and others) thereby rejecting the application for amendment in written statement. 3. Undisputed fact of the present case are that the landlord/opposite party no.2 to 8 filed a suit for arrears of rent and ejectment in the Court of Judge Small Causes Sitapur, registered as SCC Suit NO. 17 of 1992 ( Sri Roop Kishore Mehrotra and others v. Amreek Singh and others ), on the ground that defendants/ petitioners have defaulted in payment of rent and for illegal sub-letting the property in dispute.4. Judge, Small Causes Sitapur vide order dated 26.3.2007 allowed and decreed the suit . 5. Aggrieved by the same , the petitioners filed SCC Revision No. 2 of 200...
Tag this Judgment!Khali Beg and Others Vs. D.D.C. and Others
Court: Allahabad
Decided on: Mar-29-2011
1. The petitioners and the contesting respondents are related to each other according to the pedigree given herein underAhmad Beg I-------------------------------------------------------------------------- ---------------------------------------- I I I I I I I I I Vasheer Nazeer Lateef Khaleel Jaheer Rafeek Saleem Waseem Shafeek Beg Beg Beg Beg Beg Beg Beg Beg Beg I I I I I------------------I I--------------I-------------I---------I Shabbeer Siddik Haneef Hasif Sazid Rashid Beg Beg Beg Beg Beg Beg 2. This pedigree was however disputed at the stage of the consolidation officer but the aforesaid issue appears to have been reconciled and the pedigree is almost admitted to the parties.3. According to the aforesaid pedigree Ahmad Beg had nine sons. His two sons namely Bashir Beg and Nazir Beg are represented by respondent no.2 and 3 being the grandsons of Ahmad Beg. They are the sons of Bashir Beg and Nazir Beg, who died issueless. Bashir Beg and Nazir Beg were two sons from the first wi...
Tag this Judgment!Kanhaiya Lal (Dead) and Others Vs. D.D.C.
Court: Allahabad
Decided on: Mar-29-2011
1. The petitioner Kanhaiya Lal was recorded as a co-tenure holder in the Basic Year Revenue Records, when the consolidation operations commenced, over Khata No. 231 consisting of several plots of Village Mahuli Pargana Khairagarh Tehsil Meja, District Allahabad.2. The respondent nos. 4 and 5 claim that the name of Kanhaiya Lal, the petitioner and that of respondent nos. 6 and 7 Tilakdhari and Purshottam were wrongly recorded as such their names should be expunged. The contention was that the names were recorded on the strength of the order passed by the Judicial Officer, Meja in Case No. 31 of 1966 dated 18.7.1967 which had been set aside in appeal by the Additional Commissioner and the pending second appeal before the Board of Revenue had abated in view of the consequences enumerated in Section 5 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the U.P. C.H. Act. They further contended that the name of Baul S/o Ishwar Deen through whom the petitioner claims ...
Tag this Judgment!U.P. Awas Evam Vikas Parishad Vs. Vithal Das and Another
Court: Allahabad
Decided on: Mar-28-2011
1. Heard Sri Madan Mohan, learned counsel appearing for appellant and Sri C.K.Parekh, learned counsel appearing for respondents. 2. This appeal has been filed by U.P. Avas Evam Vikas Parishad by a delay of about five years one day on the date when it was filed. 3. It appears that reference court has passed on order on 31.1.2001. The appeal was within time up to 1.5.2001 but it was actually filed on 1.5.2006. An application under Section 5 was filed explaining the delay that how it has taken place. Notices were issued and respondents have also filed counter affidavit and rejoinder affidavit has been filed on behalf of appellant.4. Sri Madan Mohan, learned counsel appearing on behalf of appellant has submitted that after the decision, file was handed over to a counsel who at that time was the counsel for Avas Vikas Parishad but he has not filed the appeal then Sri V.K.Berman was entrusted to file the appeal on 24.8.2005. It has been averred in paragraph 8 of the affidavit that certified ...
Tag this Judgment!Janardan Singh Vs. D.M. and Ddc and Others
Court: Allahabad
Decided on: Mar-25-2011
1. These two writ petitions relate to a common cause of action for quashing of the order passed by the District Magistrate/District Deputy Director of Consolidation, whereby the said authority in compliance of the judgment of this Court dated 27.9.2007, has disposed of the representation filed by the respondent No.2 Ajay Kumar Singh with a direction to the Settlement Officer Consolidation to proceed with the consolidation operations afresh from the stage of preparation of statement of principles, in so far as it relates to valuation of plots and proposals of allotment without effecting the decisions already taken in relation to the dispute of title. 2. The petitioners in both these writ petitions are the the tenure holders of Village Nuwan Pargana and Tahsil Anamat District Varanasi who have come up assailing the orders on the ground that the order impugned is against the records and without providing any opportunity of hearing to the concerned persons and that the District Magistrate ...
Tag this Judgment!Laxmi NaraIn Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-25-2011
1. Heard Mr. D.S. Misra assisted by Mr. Kailash Prakash Pathak for the applicant, Mr. Vijai Shanker Misra assisted by Mr. Rahul Misra for the respondents no.2 and 3 and Mr. N.D. Rai learned AGA for respondent no.1 and perused the record.2. By this transfer application under section 407 of the Code of Criminal Procedure (in short 'the Code'), the applicant Laxmi Narain Pandey, an accused, has sought for transfer of S.T. No. 435 of 2006, State vs. Laxmi Narain Pandey and others, from the court of Additional Sessions Judge, Court No.2, Azamgarh to any other district preferably of western Uttar Pradesh.3. Mr. D.S. Mishra submitted on the basis of letters dated 12.6.2007 (Annexure 5A) and 22.8.2007 (Annexure 7) of the then District and Sessions Judge Mr. Vimal Kishore and letters dated 26.3.2007 (Annexure 4) of Mr. B.M. Sinha and letter dated 3.8.2007 (Annexure 6) of Mr. Subhash Chandra-III, the then Additional Sessions Judges and also on the basis of complaints dated 30.3.2007 and 7.6.2007...
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