Court : Allahabad
Reported in : [2006]148STC122(All)
A.K. Yog, J. 1. All Respondents are represented through Standing Counsel and that the arguments raised at the Bar require no enquiry on facts, we proceed to decide writ petition finally, without calling for Counter and Rejoinder Affidavits, at admission stage as contemplated under Chapter XXII Rule-2 Rules of Court.2. These writ petitions relate to three assessment years, as follows:1. Writ Petition No 455 of 2005-A.Y. 1998-99-arising from impugned order dt. 25-2-2005-Ann. 10 to W.P. under Section 21(2) U.P.T.T. Act for reassessment passed by Addl. Commissioner, Trade Tax2. Writ Petition No. 456 of 2005-A.Y. 1999-00----------------do---------.........do-- Ann. 4 to W.P.3. Writ Petition No 457 of 2005-A.Y. 2001-02............-- do...................do---Ann. 4 to W.P.3. M/S Vikrant Tyres Limited, (the petitioner) being aggrieved against orders dated 25-2-2005 (as indicated above) passed by Additional Commissioner, Grade 1, Trade Tax, Kanpur Zone, Kanpur under Section 21(2), U.P. Trade T...
Tag this Judgment!Court : Allahabad
Reported in : [1988]115ITR473(All)
H.N. Seth, J.1. These are four petitions under Article 226 of the Constitution. As all petitioners in these petitions are claiming reliefs in similar circumstances, we have, with the consent of parties, treated all these petitions and affidavits filed therein as constituting one record and have heard them together,2. Smt. Manju Tandon, wife of Triloki Nath and Smt. Bina Tandon, wife of Ashok Kumar, are petitioners in Writ Petition No. 637 of 1976. Their respective husbands are related to each other as brothers and they reside at 169, Jijmau, Kanpur. Smt. Savitri Tandon, wife of Kailash Nath Tandon, petitioner in Writ Petition No. 638 of 1976, is the mother-in-law of the two petitioners in Writ Petition No. 637 of 1976, and she along with other members of the family also resides in house No. 169, Jajmau, Kanpur. Smt. Hira Devi Tandon, wife of Bhola Nath Tandon, petitioner in Writ Petition No. 639 of 1976, along with her daughter-in-law, Smt. Girja Devi Tandon, wife of Vijai Narain Tando...
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1964
J.C. Gupta, J.1. This is landlord's petition. The dispute relates to a house situate in Mohalla Laxmipura in the city of Lalitpur. The landlord-petitioner moved an application purporting to be under Section 21 (1A) of the U. P. Act No. XIII of 1972 (briefly, the Act) against Naeem Ullah tenant since deceased whose legal representatives have been brought on record as respondent Nos. 1/2 to 1/8. Through that application, the landlord sought eviction of the tenant on the ground that he was in service of Indian Railways and was occupying Government occupation which he had to vacate on account of his retirement. He has no other house for his residence in the city of Lalitpur. His family consisted of self, two major song and five daughters, three married and two unmarried. It was further pleaded that while in service, he obtained law degree and after his retirement, he has decided to enter into profession as a lawyer and for that purpose in addition to his residential need, he requires a cha...
Tag this Judgment!Court : Allahabad
Reported in : [1978]115ITR473(All)
H. N. SETH J. - These are four petitions under art. 226 of the Constitution. As all petitioners in these petitions are claiming reliefs in similar circumstance, we have, with the consent of parties, treated all these petitions and affidavits filed therein as constituting one record and have heard them together.Manju Tandon, wife of Triloki Nath and Bina Tandon, wife of Ashok Kumar, are petitioners in Writ Petition No. 637 of 1976. Their respective husbands are related to each other as brother and they reside at 169, Jajmanu, Kanpur. Savitri Tandon, wife of Kailash Nath Tandon petitioner in Writ Petition No. 638 of 1976, is the mother-in-law of the two petitioners in Writ Petition No. 637 of 1976, and she along with other members of the family also resides in house No. 169, Jajmanu, Kanpur. Hira Devi Tandon, wife of Bhola Nath Tandon, petitioner in Writ Petition No. 639 of 1976, along with her daughter-in-law, Girja Devi Tandon, wife of Vijai Narain Tandon, and Vina Devi Tandon, wife of...
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC704
Arun Tandon, J.1. Heard Sri A.K. Pandey, learned counsel for the petitioner, Sri H.S. N. Tripathi, learned counsel for the respondent no. 5 and learned Standing Counsel for the respondent nos. 1 to 4.2. Petitioner, Govind Prasad, claims himself to be a member of Gram Sabha and alleges to have made a complaint in accordance with the Provisions of Rule 4 of the U.P. Panchayat Raj (Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 (hereinafter referred to as the 1997 Rule) against the Pradhan of Village-Tarkulwa Tiwari, Block Partawal, Tehsil, Sadar, Maharajganj, namely, Tabirunnisha, respondent No. 5. On the basis of the complaint so made by the petitioner a preliminary enquiry was conducted under order of the District Magistrate by an enquiry officer (Sub Divisional Magistrate), nominated by the District Magistrate under Rule 4 of the 1997 Rules. On the basis of the preliminary enquiry report submitted by.-the Sub Divisional Magistrate on 14th December, 2002, the District Magistrate ...
Tag this Judgment!Court : Allahabad
Nawab S. Kazim Ali Khan son of late Nawab S. Zulfikar Ali Khan, Mutawali Auqaf District Rampur is before this Court with following relief:- "(i) Issue a writ, order or direction in the nature of certiorari to quash the show cause notice dated 12.09.2013 issued by respondent No. 2 under Section 64 of Waqf Act 1995 and the order dated 11.09.2013 and 08.05.2013 passed by respondent no. 2 and 3. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to ensure and audit of Waqf No. 1,2,3,4, 5 and 8,9,10,11,12,13,241,187 and accept the contribution to be made by the petitioner to the Board. (iii) Issue a writ, order or direction in the nature of mandamus restraining the respondent no. 2 from proceeding on the basis of show cause notice dated 12.09.2013. (iv) Issue a writ, order or direction, as this Hon'ble Court may deem fit and proper under the circumstances of the case." Brief background of the case is that Waqf No. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All67
Agarwala, J. 1. This is a special appeal against an order of a learned Single Judge of this Court dismissing a writ petition. The respondents along with several other persons made an application to the Sub-Divisional Officer, Dumariaganj, on 6-3-1953, praying that an enquiry be held as to their possession over certain land lying in village Tandauthi. It was not stated in the application under what provisions of law it was being made, but it is conceded that this was an application under the U. P. Land Reforms (Supplementary) Act (Act 31 of 1952).Although the year was not mentioned in the application it was probably intended that the enquiry was to be made about the possession of the applicants in the year 1359 Pasli. Such an enquiry is envisaged in Section 4 of the aforesaid Act upon an application made within six months from the commencement of the Act. The Act came into force on 7-11-1952 and the application having been made on 6-3-1953 was within time.2. Upon this application the Su...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All106
ORDERV. Bhargava, J.1. This petition under Article 226 of the Constitution has been presented by Purushottam Chandra who was elected as a member of the Municipal Board of Ghaziabad on 1-11-1953.2. It appears that some land within the limits of the Municipal Board of Ghaziabad was acquired under the Land Acquisition Act for the development schemes of the municipal board by a notification issued in the U. P. Gazette on 10-7-1947. On part of this land, the petitioner started constructions which he called a 'Dharamshala'. These constructions were started without complying with the provisions of S. 178, U. P. Municipalities Act, 1916. A statement about compensation payable to the owners of the land was prepared and sent with a report by the Land Acquisition Officer to the Collector. That report is dated 14-10-1952. The report mentions that, on this land, a building known as Dharamshala, constructed by the petitioner, was standing. The officer, sending the report, was of the opinion that sin...
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All259
ORDER1. Present petition is directed against an order dated 22-9-1993 passed by the Regional Deputy Director of Education, 7th Region, Gorakhpur in exercise of powers under Section 16A(7) of the U.P. Intermediate Education Act, 1921 (In short 'the Act').2. Section 16A(7) of the Act postulates that whenever there is dispute with respect to management of an institution person found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may for prupsoes of the Act, be recognised to constitute the Committee of Management of such Institution until a court of competent jurisdiction directs otherwise. According to the proviso to sub-section (7), the Regional Deputy Director of Education, before making an order under this sub-section is to afford a reasonable opportunity to the rival claimants to make representations in writing. The explanation appended to the sub-section aforesaid provides that for determining the question as to...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All753
Sen, J.1. Rawana Shikarpur is a village in pargana Seohara in the district of Moradabad. It has a mixed population of Hindus and Mahomedans, the latter having the numerical superiority. The number of Hindus is about 250 and that of the Mahomedans about 1,500. The Mahomedans occupy a compact area in the village abadi and their residential quarters were apart from the portion inhabited by the Hindus.2. Paucity in number does not however count as a factor indicating status, influence or prosperity. The village is owned by the Hindu proprietors Rani Phul Kumari, widow of Chowhdry Ranjit Singh. Phul Singh, Sagar Singh, Ram Kumar Singh and Munne Singh are some of the zamindars. No Mahomedan is a cosharer in the village. The zamindars realise house rent and bhet presents from the reyaya. They also receive manure. They also take begar or forced labour but do not realize any artisan's cess.3. The relation between the Hindu and the Mahomedans appears to have been cordial till the close of 1923. ...
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