Allahabad Court October 2012 Judgments
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M/S. Albert David Ltd. Vs. Union of India
Court: Allahabad
Decided on: Oct-16-2012
1. BY this writ petition the petitioner-company has prayed for declaring Notification No. 68/63 CE dated 4.5.1963 as amended vide Notification No. 48/97-CE dated 2.9.1997 as ultra vires Section 12 of the Central Excise Act in so far as it applies the provisions of Section 142 (b) and 142 (c) (ii) of the Customs Act to the Central Excise Act. The petitioner has also prayed for lifting the attachment of the petitioner's property at B-12 and 13, Meerut Road, Ghaziabad and to quash the demand notice dated 8.10.2003. 2. BY an amendment application the petitioner has prayed for declaring the auction held on 8.11.2005, as null and void and to quash the certificate dated 9.1.2006, by which the auction sale was continued. The petitioner has also prayed for writ of mandamus directing the respondents to return the attached/auctioned goods or compensate the petitioner with the import cost of the goods in question. In this amendment application, the petitioner has also prayed for quashing the lette...
C.P. Vidya Niketan Inter College Shikshan Society Vs. Union of India
Court: Allahabad
Decided on: Oct-16-2012
1. THE petitioner is society registered under the Socieities Registration Act with the Registrar of Societies, U.P. vide Registration Certificate No.375/2001-02 dated 13.7.2001 valid upto 31.7.2006. The certificate was renewed on 19.12.2006 for a period of 5 years w.e.f. 31.7.2006. The society is running an educational institution by the name of C.P. Vidya Niketan Inter College at Kaimganj, Distt. Farrukhabad for students from Class-6 to Class-12 recognised by the U.P. Madhyamik Shiksha Parishad, Allahabad. 2. THE society is registered with Income Tax Department as an association of persons with PAN No.AAAAC1150G and has been granted a registration certificate under Section 12A of the Income Tax Act. The society is regularly assessed to 'Nil' income by the Assessing Authority from 2003-04 to 2007-08. The returns filed by the society have been accepted regularly under Section 143 (1) of the Act. 3. By this writ petition the petitioner has prayed for quashing the order dated 27.5.2011 pa...
M/S. Tikaula Sugar Mills Limited Vs. Cit Muzaffarnagar
Court: Allahabad
Decided on: Oct-16-2012
1. WE have heard Shri P.K. Jain, Senior Advocate assisted by Shri Amitabh Agarwal for the assessee-appellant. Shri Dhananjai Awasthi appears for the respondents. 2. THESE Income Tax Appeals under Section 260-A of the Income Tax Act, 1961 (for short, the Act) arise out of a common judgment of the Income Tax Appellate Tribunal, Delhi Bench 'C', Delhi dated 2.7.2010 in ITA Nos. 3616 and 3617 (Del)/2004, and ITA Nos.3557 and 3556 (Del)/2004, relating to Assessment Years 1998-99 and 1999-2000. In addition to the substantial questions of law framed in the appeals by the assessee-appellant, of which we find question no. 1 to be relevant for the purposes of the case, we have re-framed the questions of law on the request of learned counsel of assessee- appellant as follows:- "1. Whether, the Income Tax Appellate Tribunal has failed to appreciate that the impugned assessment was framed without, neither satisfying the preconditions required for invoking the provisions contained in Section 147 of ...
Rajesh Vs. State of U.P
Court: Allahabad
Decided on: Oct-15-2012
1. HEARD learned counsel for the petitioners, learned A.G.A. for the State and perused the relevant papers on record. The application/petition under Section 482 Cr.P.C. has been filed for? quashing the impugned summoning order dated 10.10.2011 relating to Complaint Case No.2186 of 2011, under Sections 452, 323, 379 I.P.C., and Section 3 (i) (X) S.C./S.T. Act, Police Station Beniganj, District Hardoi pending before learned Judicial Magistrate, Court No.2, Hardoi. 2. AFTER some arguments, learned counsel for the petitioners does not wish to press the petition on merits and at this stage learned counsel for the petitioners confines his prayer only to the extent that in case they appear before the court concerned and move applications for bail then the same be decided in view of the full Bench decision of this Court in the Case of Smt. Amrawati and another v. State of U.P., reported in 2004 CBC page 705 and in view of the law laid down by the Hon'ble Supreme in the case of Lal Kamlendra Pr...
Mohd. Farooq Vs. State of U.P
Court: Allahabad
Decided on: Oct-15-2012
1. MOHD. Farooq (petitioner) and Mahzabeen Akhtar (respondent no. 2) are present in the Court. 2. THIS petition has been filed for quashing the proceedings of Criminal Appeal No. 63 of 2010, under Sections 498-A, 406, 323, 504, 506 I.P.C. read with Section 3/4 D.P. Act (Mohd. Farooq Vs. State of U.P.), pending before Additional District and Sessions Judge-IV, Faizabad, challenging the order dated 15.04.2010 passed by Additional Chief Judicial Magistrate/Civil Judge, Senior Division, second, Faizabad in Complaint Case No. 476 of 2010 (Smt. Mahzabeen Vs. Mohd. Farooq and others) on the ground that matter is purely personal and private in nature. Number of cases are pending between the parties. Parties have resolved their dispute.? A compromise was filed before the Additional Sessions Judge-IV, Faizabad. According to Para-4 of the compromise, both the parties have parted with relations and decided to live separately. It has also been decided that the criminal cases pending between the par...
Girish Gupta and Another Vs. State of U.P.
Court: Allahabad
Decided on: Oct-12-2012
1. Heard Sri S.B. Singh, learned amicus curiae and Sri Satish Trivedi learned Senior Counsel assisted by Sri Ajay Kumar Pandey, Sri Manish Tiwary, learned counsel for the appellant Ashok and rest of the two appellants and Smt. Raj Laxmi Sinha, learned AGA for the respondent State. 2. The appellant Girish Gupta son of Raja Ram and his nephew Virendra Gupta son of Rameshwar Dayal, have preferred criminal appeal no.1752 of 1982 and appellant Ashok alias Chhuttoo son of Damodar has preferred criminal appeal no.1719 of 1982 under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment and order dated 19.7.1982 passed by IV Additional Sessions Judge, Bareilly, in Session Trial No.306 of 1981 State Vs. Girish Gupta and another and Session Trial No.324 of 1981 State Vs. Ashok alias Chhuttoo, under Section 302 read with Section 34 IPC, Police Station Qila, District Bareilly, whereby the appellant Girish Gupta has been convicted under Section 302 IPC whereas appellants Virendra ...
Smt. Madhulika Sameer Azad Vs. Sameer Mohan Azad
Court: Allahabad
Decided on: Oct-12-2012
Pankaj Mithal, J. Heard Sri H.P. Dubey, learned counsel for the petitioner. Petitioner wife has filed this petition aggrieved by the order dated 4.9.2012 passed by the family court Agra allowing the respondent husband to engage a lawyer for prosecuting the divorce case on his behalf. A little experience of the matrimonial disputes on a bare glance on the facts and circumstances of this petition would reveal that the petitioner wife has invoked the writ jurisdiction of this Court not because the order impugned is illegal or causes prejudice to her or infringes her rights but to harass the respondent husband which is sheer abuse of the process of law. The petitioner and respondent are husband and wife. The marriage between them was solemnized and registered at Mumbai sometime in the year 2006. There was a discord between them. They started living separately. The wife at Agra whereas the husband in job at California (USA). The husband appears to be a resident of Mumbai. The husband initia...
Shashi Kumar Dwivedi and Others Vs. State of U.P
Court: Allahabad
Decided on: Oct-11-2012
1. Writ Petition No. 57527 of 2010, has been filed by some of the candidates who were admitted to the two years Basic Teachers Certificate (hereinafter referred to as 'BTC') Course in the Academic Session 2008-09 in the Nehru Gram Bharti University, which is a deemed University, for quashing the order dated 14th July, 2010 passed by the Director of the State Council of Educational Research and Training (hereinafter referred to as 'SCERT') and for a direction upon the SCERT to recognize the BTC Course and the certificates awarded by the deemed University. 2. Writ Petition No.493 of 2012 has been filed by some of the candidates who had been granted admission by the deemed University to the BTC Course in the next Academic Session 2009-10 and the relief claimed in this petition is also for a direction upon the respondents to recognize the BTC Certificate awarded by the deemed University so that the petitioners can be considered eligible for appointment as Assistant Teachers in the Junior B...
Mohan Srivastava Vs. State of U.P
Court: Allahabad
Decided on: Oct-11-2012
1. THE present petition under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings in Complaint Case No.2049 of 2008,Mahesh Chandra Gupta Vs. Mohan Srivastava, under Section 138 of the Negotiable Instrument Act ( hereinafter referred to as the Act), PS Kotwali Nagar, District Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr. 2. THE brief facts of the case are that opposite party no.2 Mahesh Chandra Gupta field a complaint for the offence punishable under Section 138 of the Act against the applicant Mohan Srivastava with the allegations that after calculation, an amount of Rs.19,28000/- was found due against the applicant and in order to pay the aforesaid dues, stamp paper was also written and a cheque No. 859520, dated 10.10.2007 of ICICI Bank, Kanpur was given to opposite party no.2 at his house. It was told to the complainant-opposite party no.2 not to submit the said cheque for clearance in the Bank before 31.12.007. The opposit...
Gyanendra Singh Chauhan Vs. State of U P Thru Secy
Court: Allahabad
Decided on: Oct-09-2012
1. LIST revised. Heard learned counsel for the petitioner, learned Standing Counsel, learned counsel for the respondents no.4 to 8 and perused the record. 2. THE present writ petition has been filed for quashing of the order dated 5.4.2006 (annexure-1 to the writ petition) passed by Joint Director of Education, Kanpur Region, Kanpur deciding the inter se seniority pending between petitioners and respondent nos.4 to 8 by which declared the respondents no.4 to 8 senior to the petitioners. The brief facts of the present case are that B.N.S.D. Inter College, Kanpur Nagar is a recognise institution and governed by the provisions of U.P. Intermediate Education Act, 1921 and various rules and regulations framed. The institution is included in grant-in-aid list of government hence the Act No.24 of 1971 (Payment of Salary Act) is also applicable. Initially the petitioners were appointed as Assistant Teacher on ad-hoc basis in C.T. Grade. The petitioner no.1, Gyanendra Singh Chauhan and petition...
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