Allahabad Court April 2011 Judgments
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Ram Krit Pathak Vs. Kishun Singh and Others
Court: Allahabad
Decided on: Apr-11-2011
1. Order on the Application No.107701 of 2011 The present appeal has been filed against the judgment and order dated 29th March, 2011 passed by the learned Single Judge along with an application seeking leave to file the appeal as the applicant is being adversely affected by the order dated 29th March, 2011 impugned in the present appeal.2. The Court has perused the order dated 29th March, 2011 as also the averments made in the affidavit filed in support of the application and is of the considered opinion that the applicant is being adversely affected by the order dated 29th March, 2011 passed by the learned Single Judge and, therefore, the Court grants leave to appeal to the present applicant.3. The application is allowed.Court No. - 37Case :- SPECIAL APPEAL DEFECTIVE No. - 351 of 2011Petitioner :- Ram Krit PathakRespondent :- Kishun Singh And OthersPetitioner Counsel :- Siddharth Khare,Ashok KhareRespondent Counsel :- C.S.C.,Rajeev Mishra,Sumiti Rani Gupta,V.K. SinghHon'ble R.K. Agra...
Bharat Petroleum Corporation Ltd. Vs. Khaybar Transport Pvt. Ltd.
Court: Allahabad
Decided on: Apr-11-2011
1. Plaintiff-respondent M/s Khaybar Transport Pvt. Ltd. is a company. It was granted a licence to run a dispensing pump under an agreement dated 15 th December, 2005 by the defendant-revisionist Bharat Petroleum Corporation Ltd. The said agreement was terminated on 29.5.08. The order of termination of the licence was challenged by the plaintiff-respondent by filing a Writ Petition No.2701 of 2008. The writ petition was dismissed on 3.6.08 on the ground of alternative remedy observing that the plaintiff-respondent has an effective alternate remedy of filing a civil suit before the civil court concerned. On the basis of the observation made in the above order, plaintiff-respondent instituted Original Suit No.1984 of 2008 claiming two reliefs. First, for the issuance of decree of declaration declaring the cancellation of the licence to be illegal, arbitrary, void, and ineffective. Secondly, to grant a decree of mandatory injunction directing the defendant-revisionist to restore the supply...
Bhartendu Pratap Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-11-2011
1. Heard Mr.U.U.Lalit, Senior Advocate, assisted by Mr.K.S.Pawar, learned counsel for the petitioner, Mr.Mahendra Pratap Singh Yadav, learned Government Advocate, Mr.Gopal Swaroop Chaturvedi and Mr.Ravi Kant, Senior Advocates assisted by Mr.C.B.Pandey and Mr.Rohit Tripathi, learned counsels for the opposite parties.2. The petitioner has prayed for quashing the charge sheet bearing No.317 of 2010 dated 8 th of November, 2010 as well as the order dated 9 th of November, 2010, passed by the Chief Judicial Magistrate, Lucknow in Criminal Case No.13126 of 2010, whereby the petitioner has been summoned for trial under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code.3. The petitioner has also challenged the order dated 18 th of October, 2010, passed by the learned Chief Judicial Magistrate, Lucknow allowing the application moved by the Investigating Officer to issue direction to the Chief Vigilance Officer/Income Tax Department, New Delhi to provide relevant documents for the...
Siya Ram Vs. District Judge (incharge ) Barabanki and ors.
Court: Allahabad
Decided on: Apr-08-2011
1. Heard Sri R.P. Singh , learned counsel for the petitioner and Sri P.S. Bajpai, learned counsel appearing on behalf of opposite parties.2. By means of present writ petition, the petitioner has challenged the order dated 26.11.2010 passed by District Judge ( Incharge) Barabanki/opposite party no.1 and the order dated 20.7.2010 passed by Civil Judge ( Junior Division ) Court no.13 Barabanki/opposite party no.2 as contained in anneuxre nos . 1 and 2 respectively.3. Controversy in the present case relates to a shop situated Mohalla Naka Pergana & Tehsil Nawabganj district Barabanki . Further Siya Ram petitioner is a tenant of the aforesaid shop since 1995 . 4. In respect to the said shop owned by landlord/ respondent no.3 a release application under Section 21(1) of the Act no. 13 of 1972 moved on 7.2.2007 . Accordingly , P.A. Case no. 2 of 2007 registered before the prescribed authority/ Civil Judge ( Junior Division) Barabanki . 5. On 15.12.2007 a written statement filed and on 11.5.20...
Onkar Nath Srivastava So Rosan Lal Srivastava Vs. Additional District ...
Court: Allahabad
Decided on: Apr-08-2011
1. Heard Sri R.P. Singh learned counsel for the petitioner and Sri D.C. Jain , learned counsel for the the respondents.2. Controversy in the present case relates to House no. Q 690 Mohalla Kanoon Goyan, district Barabanki under the tenancy of petitioner in regard to which Sri B.N. Verma/opposite party no.3/landlord moved a release application under Section 21(1) (a) of the U.P. Urban Buildings ( Regulation of Letting, Rent and Eviction) Act (hereinafter referred to as an 'Act') on the ground that he has to retire from service on 31.7.2001 after attaining the age of superannuation and after retirement he has to vacate the building which has been provided to him in official capacity.3. Thereafter he want to live in the premises in question as he has no other premises in his possession.4. In para-10 of the release application it has been stated that the family of the applicant consist of his wife two daughters and one son and other are co-owners/ landlords of the premises in question had ...
Jhansi. Vs. the Commissioner, Commercial Taxes, U.P. Lucknow
Court: Allahabad
Decided on: Apr-08-2011
1. The present revision under Section 11 of the U.P. Trade Tax Act is against the order of the Tribunal dated 23.7.2009 relating to the assessment year 1998-99.2. The applicant claimed that it was carrying on the business of cement and for which it had maintained the books of account. According to the books of account, the applicant had disclosed the turnover of cement at Rs.10,00,965/- and claimed exemption on the said turnover being related to the U.P. purchased cement. The assessing authority has rejected the books of account and estimated the taxable turnover of steel boxes, almirahs, etc. Rs. 10 lacs on the basis of survey dated 29.6.1998.3. The applicant filed an appeal against the said order before the Deputy Commissioner (Appeals), Trade Tax, Jhansi. The Deputy Commissioner (Appeals), Trade Tax, Jhansi allowed the appeal and declared the applicant non-taxable.4. Being aggrieved by the order of the appellate authority, the Commissioner of Trade Tax filed appeal before the Tribun...
Mafatlal Industries Limited Vs.. the Commissioner of Trade Tax
Court: Allahabad
Decided on: Apr-08-2011
1. These are two revisions against the order of the Tribunal dated 13.10.2003 for the assessment years 2000-01 and 2001-02. The only dispute involved in the present revisions are whether the Mafron Gas is liable to tax under the entry of All kinds of Chemicals @ 10% or liable to tax as a refrigeration material at the higher rate of tax.2. The brief facts of the case are that the applicant is a Company incorporated under the Indian Companies Act having its registered office at Ahemdabad (Gujarat). The manufacturing unit is also at Surat (Gujarat) and its head office at Bombay. The applicant has a branch office at Ghaziabad there from the applicant sells its products within the State of U.P. The chemical name of Mafron Gas is Fluorochloro hydrocarbon gas. In the market, it is marketed as Mafron Gas. It is mainly used in refrigerator, air-conditioner, etc. for the purpose of refrigeration, namely, to give cooling effect. It is a material used in the refrigeration. The claim of the applica...
Mohd. Navi Vs. State of U.P.
Court: Allahabad
Decided on: Apr-08-2011
1. Juvenile revisionist Mohd. Navi has prayed for his release on bail by filing instant revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act 2000, (hereinafter referred to as the Act), in Crime No.1312 of 2007 State v. Mohd. Navi under Sections 302, 504, 506 I.P.C. Police Station Cantt. Bareilly, District Bareilly. His prayer for being released on bail has already been rejected by Juvenile Justice Board Bareilly.2. Challenge to the aforesaid order of Juvenile Justice Board dated 4.11.2008 met with negative fate in Criminal Appeal No.262 of 2008 as Additional Sessions Judge, court no.6, Bareilly, also dismissed the appeal.3. Facts as are culled out from various annexures filed along with the affidavit appended in support of this revision indicate that on 7.10.2007, deceased Farooq, aged about 18 years, had an altercation with the revisionist in the morning. Both the persons, at that time, had flexed their muscles with each. On the same day at 2:10 p.m....
Prashant Kumar Katiyar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-07-2011
1. Under the U.P. Secondary Education Services Selection Board Act, 1982 (herein after referred to as the 'Act, 1982') two separate source of appointment (other than absorption/regularization) have been provided against the post of teachers of recognized Intermediate institutions i.e. :(a) By direct recruitment.(b) By promotion.2. So far as the direct recruitment is concerned, the appointment can be made by any of the following modes :-(a) On the recommendation of the Selection Board (Ref. Section 16(1) of the Act, 1982). (b) By transfer in accordance with Regulations 55 to 62 of Chapter III of the Regulations framed under the Intermediate Education Act. (Ref. Section 16 ( 1 ) Second Proviso of the Act, 1982. (c) By compassionate appointment under Regulations 101 to 106 of the Regulations framed under the Intermediate Education Act (Ref. Section 16 ( 2) Proviso of the Act, 1982). The controversy with regard to appointment by mode (b) and(c) against a post of Assistant Teacher which had...
Food Corporation of India and Others. Vs. H.N. SrivastavA.
Court: Allahabad
Decided on: Apr-07-2011
1. This special appeal is arising out of the judgement and order dated 22 nd April, 2003 passed by the learned Single Judge in Civil Misc. Writ Petition No. 33047 of 2002 (H.N. Srivastava v. Food Corporation of India and others), thereby allowing the writ petition in favour of the respondent-writ petitioner. 2. The main contention of the respondent-writ petitioner is that in spite of none of the charges as levelled against him having been proved before the enquiry officer except some irregularities in properly recording details on the concerned register and the stock stored at various places of depot, the disciplinary authority passed an order dated 21 st May, 2002 reverting the respondent-writ petitioner from the post of AG-I to AG-II (D) and also imposed penalty to the tune of Rs.1,99,897/- on account of pecuniary loss. Such order of reversion was challenged by filing writ petition before the learned Single Judge, when upon hearing the parties the Court was pleased to allow the writ ...
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