Court : Allahabad
Decided on : Jan-06-2006
Reported in : 2006(1)AWC908
..... of the courts below directing confiscation of the vehicle. one other point has been raised here that the additional collector who conducted the confiscation proceedings under section 22 of the excise act was not authorised and there is no authorization on record. 1 find that this point was not even urged before the a.d.m. or the ..... the ruck, it will be difficult to reach the conclusion that the revisionist was totally unaware of this illegal use of this vehicle. moreover, under section 72(5)(b) of the excise act, the owner of vehicle can only prevent the confiscation of the vehicle, if he can prove to the satisfaction of the collector that it was ..... not the revisionist were present on the spot. the revisionist is said to be the owner of the truck. the arrested persons were challaned under section 60 of the u.p. excise act and confiscation proceedings were initiated before the district magistrate, saharanpur.4. i have perused the judgement of the appellate court and the judgement of the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2006
Reported in : 2006(3)AWC2336
..... was notified as a scheduled caste under the constitution (scheduled caste order 1950). that the parliament by means of scheduled castes and scheduled tribes order (amendment act 2002) being act no. 10 of 2003 published in official gazette of india dated 8.1.2003 notified the gond caste as a scheduled tribe. the aforesaid facts are ..... seek any change in category which he has mentioned in the application form. however changes effected in the reservation by the state government or by an act of parliament, till the date of declaration of result would become applicable automatically and the candidate concerned is liable to be considered against a particular reserved ..... treated to be the members of the scheduled castes. the claim of the petitioner against the reserved category of scheduled tribes was not considered despite the parliamentary act no. 10 of 2003. faced by the aforesaid situation petitioners have approached this court with the allegations that more than 50% of the vacancies within the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-2006
Reported in : 2006(1)AWC388
..... age above 18 years, a copy of medical examination report is also appended as annexure-6 to the writ petition. a case as case crime no. 426 of 2005 under section 347, 504, 506 ipc was registered against shivram alias lalla babu son of surendra kumar and three others regarding the illegal detention of the petitioner i.e. km. kanchan. the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2006
Reported in : AIR2006All114; 2006(1)AWC904
S.N. Srivastava, J.1. Heard learned Counsel for the petitioner and learned Counsel for Caveator.2. Learned Counsel for the petitioner urged that against an order passed by the Consolidation Officer, an appeal was preferred by 15 persons, but Vakalatnama was signed by only one person as such the appeal on behalf of other persons was not maintainable. The Appellate authority has not taken into consideration this aspect while entertaining the Appeal.3. Considered arguments of learned Counsel for the petitioner:4. In view of the law laid down by the Apex Court in the judgment rendered in Civil Appeal No. 6701 of 2005 (Arising out of SLP(C) No. 22578 of 2002), Udav Shanker Trivar v. Ram Kalewar Prasad Singh and Anr. decided on 10.11.2005, the appellants before the Appellate Authority (Assistant Settlement Officer, Consolidation, Bareilly) are entitled to have an opportunity to get the defect removed. Paragraph-15 of the judgment of the Apex Court is being reproduced below:-15. It is, thus, ...
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-2006
Reported in : 2006(3)AWC2770a
..... said to be justified and proper for the simple reason that both course that is exercise of revisional power on a revision filed under the statutory provision of section 48 of the act and at the same time exercise of the suo moto powers for the same purpose cannot be permitted to go on simultaneously. a perusal of the judgment ..... this court is to interfere in the impugned orders. to support the wide powers of the deputy director of consolidation sri shukla referred to the provisions of section 48 of the u.p.c.h. act and decision of the apex court in the case of preetam singh (dead) by l.rs. and ors. v. assistant director of consolidation and ors ..... direct any other chak holder to be impleaded as party if for interest of justice his presence is needed. section 19 of the u.p.c.h. act gives various guidelines for making adjustment between the chak holders. section 20 of the act permits a chak holder to file objection against the proposal made by the assistant consolidation officer. the chaks are .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-19-2006
Reported in : II(2006)DMC600
..... has quashed the charge sheet on the ground that the parties have entered in to a compromise and are living happily. that was also a case under sections 498a, 504, 506 ipc and 3/4 act. the aforesaid judgment is annexure no. 6 to the affidavit.5. cogitating over the submissions advanced by both the sides it is to be noted that ..... against the applicants.7. resultantly, this application is allowed. criminal proceedings of criminal case number 524 of 2003 state v. ram narayan and ors. under section 498a, 323, 504 ipc and 3/4 d.p. act relating to police station baksha district jaunpur pending before judicial magistrate, jaunpur is quashed.8. let a copy of this order be issued to the counsel ..... nutshell are that manoj kumar dubey applicant was married with respondent no. 2 smt. soni, who is the informant of crime number 524 of 2003, under section 498a, 323, 506 ipc and 3/4 d.p. act p.s. baksha district jaunpur. the fir (annexure no. 1) of the said crime number was lodged by her on 10.11.2003 at 12 .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-09-2006
Reported in : (2009)20VST819(All)
rajes kumar, j.1. present revision under section 11 of the up trade tax act (hereinafter referred to as the 'act') is directed against the order of the tribunal dated 11th september 2003 relating, to the assessment year. 1994-952. the question involved in the present revision relates ..... -2000 (40), dated october 25, 2000.19. goods for indoor or outdoor games or sports m or i 3 percent, except those including in any other notification issued under the act but including rubber, bladders of various kinds of balls, toys. swings, jhoola, medals, cups, trophies, badges, whistles, gut (string) rackets, grips for rackets, bats, balls kits (rubber, ..... properties but whether they do or do not possess medicinal properties claimed by their manufacturers, the fact remains that they are used for dental cleanliness which is an essential act of toilet. in fact, medicinal properties are claimed even in respect of large number of items of cosmetics such as lotions, creams, snows and powders but that does .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-2006
Reported in : 2006(4)AWC4110
..... in any other regulations, a member who commits a breach of duty enjoined upon him or has been convicted for criminal offence or an offence under section 103 of the act or does anything prohibited by these regulations, shall be liable to be punished by any one of the following penalties.(i) censure(ii) withholding of ..... . entire gamut of charges leveled against the petitioner, are all contra to the duties enjoined upon secretary of the society in terms of section 31 of u.p. co-operative societies act 1965, and breach of same enjoins disciplinary authority to take disciplinary action in terms of regulation 58 of u.p. primary agricultural cooperative ..... been incorporated to the effect that post of secretary is untrasferrable.15. in exercise of power conferred on it by section 122-a of the u.p. cooperative societies act, 1965 (hereinafter referred to as the act) the government of u.p. has created centralized service of secretaries of the primary agricultural co-operative credit societies and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-2006
Reported in : 2006(4)AWC4150
..... of the property being at the same time as the acknowledged landlord of the defendants.7. the aforesaid case related to the provisions of the west bengal premises tenancy act, 1956 wherein section 13(1)(f) contained the words 'if he is the owner' with respect to requirement of the premises by the landlord for his own occupation. in the ..... is competent to maintain an action for eviction of the tenant of the entire premises, since he can be considered as a landlord within the meaning of section 3(j) of the act. one co-owner alone would be competent to sign such an application.11. for the reasons as aforesaid, the impugned judgment and order of the revisional ..... by the district judge, allahabad in revision no. 145 of 1991. by the aforesaid judgment, the revisional court in exercise of its power under section 25 of the provincial small causes courts act has proceeded to allow the revision of the respondent no. 3 and set aside the judgment and decree of the court below and also dismissed the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-30-2006
Reported in : 2006(4)AWC3827
..... is directly and substantially common for decision, the court is supposed to comply to the requirement as contemplated under section 10, c.p.c. and decide the issue as such. here, since the court below has not considered that legal aspect while deciding the issue, it appears that the order ..... of not having concurrent jurisdiction, the decision so rendered appears to be incomplete and evasive. the court has to find out the real crux of the matter involving import of section 10, c.p.c. which might call upon the court to stay the proceeding of the subsequently instituted suit. if it is found that in both the suits one issue .....
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