Court : Allahabad
Reported in : 2009CriLJ2619
S.P. Mehrotra, J.1. The present Habeas Corpus Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the impugned detention order dated 6-12-2007 (Annexure 1 to the Writ Petition)' passed by the District Magistrate, Gorakhpur (Respondent No. 2), detaining petitioner under Section 3(2) of the National Security Act, 1980 (in short 'the N.S. Act'), and further, for directing the respondents to set the petitioner at liberty forthwith.2. Counter affidavits have been filed on behalf of the respondents.3. From a perusal of the averments made in the Writ Petition as also in the Counter Affidavits, the facts as stated here-in-after, emerge.4. It appears that a First Information Report was lodged by one Raj an Kumar Jaiswal on 22-9-2007 regarding an incident alleged to have taken place on 21-9-2007. The said First Information Report was registered as Case Crime No. 1624 of 2007, under Section 302/34 of the Indian Panel Code and ...
Tag this Judgment!Court : Allahabad
Reported in : [2008(119)FLR966]; (2009)IILLJ263All
Rakesh Tiwari, J.1. Heard Ms. Gajala Kadri on behalf of K.P. Agarwal, learned Counsel for the petitioner, learned Standing Counsel for respondent No. 1 and Sri Vinod Swaroop appearing for respondent Nos. 2 and 3.2. This petition has been filed challenging the validity and correctness of the award dated 16.5.1985 and prayer for quashing of the same. The petitioner has further prayed for a writ in the nature of mandamus commanding the respondent Tribunal for providing the benefit of fixing a pay scale and other facilities such as overtime wages, leave holidays etc. at par under the same category of personnel employed under the corporation.3. The workers involved in the present writ petition were employed in the canteen at M/s Hindustan Aluminium Corporation Ltd. Renukoot, Mirzapur.4. The workers claimed the facilities of bonus, wages, and leave holidays and raised an industrial dispute in this regard which was referred by the State Government to Industrial Tribunal (1) U.P., Allahabad wh...
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC3234
Sunil Ambwani, J.1. Heard Shri Arvind Kumar Shukla, learned Counsel for the petitioner. Shri Prakash Padia appears for the Indian OH Corporation Ltd ( in short 'the Corporation'). The pleadings have been exchanged. With the consent of parties, the writ petition was finally heard.2. The petitioner is a dealer of the Corporation and carries on business of retail sales and supplies of petroleum products, on the plot of land owned by him, under an agreement dated June 7, 1990 executed between the petitioner and the Corporation in the 'Open General Category'.3. A team of officers of the Corporation visited the retail outlet on January 19, 2006. By a letter dated January 30, 2006 the petitioner was required to explain the reasons of the following Irregularities:1. M.S. D.U. Z-Line was found to be found delivering excess by 60 ml. in 5 Lts. for which recalibration of D.U. was advised. You were supposed to get the D.U. recalibrated in the presence of an Officer of I.O.C. No Information has bee...
Tag this Judgment!Court : Allahabad
Reported in : 2008[12]STR423; [2009]20STT529
Sudhir Agarwal, J.1. In all these writ petitions, the common question involved is whether the petitioners-Banks are liable to pay trade tax under U.P. Trade Tax Act, 1948 (hereinafter referred to as the 'Act') for renting Lockers to their customers. The incidental question is whether Lockers are 'goods' and right to use Locker can be said to be 'transfer of right to use any goods' attracting liability of tax under the Act.2. In some of these cases, assessment orders have been passed, and in some cases, notices for assessment have been issued. Since, the principle question involved in all these writ petitions is common, therefore, as requested and agreed by learned Counsel for parties, all these writ petitions have been heard together at this stage under the Rules of the Court and are being decided finally by this common judgment. The writ petition No. 840 of 2005, for the purpose of referring to the documents and pleadings is taken as the leading case.3. The petitioner, M/S Oriental Ba...
Tag this Judgment!Court : Allahabad
Reported in : AIR2008All2; 2007(4)AWC3458
Arun Tandon, J.1. Petitioners, Adarsh Kumar and others made an application under Section 31 of the Indian Stamp Act for determination of the value of the property, which was to be subject matter of transfer and for determination of the stamp duty payable accordingly.2. According to the petitioner the Sub Registrar on 22.07.2007 submitted a valuation report in respect of the land as well as the stamp duty payable thereon, which was fixed at Rs. 86,300/-. After such determination, the report was placed before the Collector Stamp, who vide order dated 26.07.2007 directed the Sub Registrar to communicate the decision so taken qua the stamp duty payable on the transaction under Section 31 of the Act.3. After such determination a sale-deed in respect of the property in question was registered on 09.08.2004 and stamp duty of Rs. 83,600/- was paid in respect thereto with reference to valuation report referred above. On the strength of the sale-deed, mutation in the revenue record is also alleg...
Tag this Judgment!Court : Allahabad
Reported in : 2008ACJ1624; AIR2007All122; 2007(2)AWC2050
V.M. Sahai and Sabhajeet Yadav, JJ. 1. This appeal has been filed by the widow, son and mother of the deceased Awadhesh Kumar Mishra claiming compensation Rs. 11,40,000/- for the death of Awadhesh Kumar Mishra in an accident that took place on 23.1.1994 while Awadhesh Kumar Mishra driver along with his co-driver and the cleaner was proceeding on truck No. UP 78B/0449 on 23.1.1994 at about 12.30 P.M. from Fatehpur to Kanpur via G.T. Road. The deceased Awadhesh Kumar Mishra was driving the truck. As soon as the truck reached in front of Chauhan hotel situated at G.T. Road, some mischievous and unruly boys who were standing by the side of the hotel gave signal to stop the truck. The deceased driver declined to stop the truck which infuriated the aforesaid boys and they started pelting brick-bats at the vehicle. The brick-bats hit Awadhesh Kumar Mishra over his eyes, as a result of which the vehicle was dis-balanced and fell into a ditch and dashed against a Babool tree lying on the side o...
Tag this Judgment!Court : Allahabad
Reported in : (2009)20VST873(All)
Rajes Kumar, J.1. The present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated January 20, 2006 relating to assessment year 1999-2000.2. The brief facts of the case are that the applicant is a private limited company incorporated under the Indian Companies Act, 1956 having its head office at Bharat Velvet Compound, Safed Pool, Vasanji Road, Mumbai. It is claimed that the applicant entered into a contract for design supply, installation, testing, commissioning and maintenance of L.P.G. monitoring system with the Bharat Petroleum Corporation Limited and Indian Oil Corporation Limited in U.P. for execution of works contract. The applicant has established an office at 113/20, Navyug Market, Ghaziabad. The applicant is a registered dealer under the U.P. Trade Tax Act, 1948 as well as under the Central Sales Tax Act, 1956. During the course of assessment proceedings under Section 7 of the Act,...
Tag this Judgment!Court : Central Administrative Tribunal CAT Allahabad
Reported in : (2006)(3)SLJ59CAT
1. The explosive expansion of the Railways to cater to and cope up with the ever increasing travelling of the public results in creation of various Zonal Railways by the Indian Railways, the massive organization of Asia. Powers to create such new Zonal Railways is vested with the Central Government vide Section 3(4) of the Indian Railways Act, 1989 (Act 24 of 1989). Such a creation of new zones would inevitably lead to allocation and re-allocation of or carving out from the territorial jurisdiction of the existing zones and in turn, such a transfer of territorial jurisdiction to the newly created zones would have its own impact in the service conditions of the Railway employees coming under the administrative control of the new Zonal Railways. One such item feeling this impact, which frequently comes in for judicial scrutiny, is transfer and seniority of such employees. The case in hand belongs to this character.2. First the law on the subject on which the facts of the case would be t...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3381
Arun Tandon, J.1. Heard Sri R.N. Singh senior advocate assisted by Sri A. K. Singh advocate on behalf of the petitioner, Sri Navin Sinha senior advocate assisted by Sri Arvind Srivastava advocate on behalf of respondent No. 6 and standing counsel on behalf of respondent Nos. 1, 2, 4 and 5.2. For the purpose of distribution of Super Kerosene Oil/Light Diesel Oil in rural areas through fair price shop agents the State Government came out with a policy decision as contained in Government order dated 19.5.1990. Under the said Government order it was provided that there shall be only one block distribution centre/whole seller for each block and all fair price shop agents/retailers shall obtain supply of kerosene oil from the said wholesale dealer. It was further provided that the whole sellers appointed by the oil companies may be appointed block distributor under the Uttar Pradesh Kerosene Oil Order, 1962. Under the provisions of the said Government order dated 19.5.1990 M/s. Indo Traders ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3133
Amitava Lala, J.1. The writ petitioners made this petition for the purpose of quashing of the Government order dated 4.1.2001 so far as it relates to condition No. 1, order dated 6.9.2000 and order dated 13.5.2000. They have further prayed that respondents and their subordinates be directed not to interfere with the right of the petitioners to transport High Speed Diesel Oil from retail outlet to their business premises by utilizing services of the oil tankers as per Form IX prescribed under the Petroleum Rules, 1976. Conditions under Form IX are as follows :(i) Transportation of High Speed Diesel Oil through a tanker holding a licence in Form IX under the Petroleum Rules, is very safe as these licences are issued only after, certificates are issued by the Agni Shaman Adhikari (i.e., Fire Prevention Officer).(ii) Transportation price is lesser in case of transportation by these tankers as compared to that of tractor trolleys.(in) Contents of the tankers are insured where as in case of ...
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