Allahabad Court February 1978 Judgments
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Sri Ram Autar Vs. Kr. Satyabir
Court: Allahabad
Decided on: Feb-02-1978
Reported in: AIR1978All201
ORDERA. Banerji, J. 1. This election petition has been filed by an elector Sri Ram Autar. He seeks to challenge the election of the returned Candidate Kunwar Satyabir from 22 Bijnor Assembly Constituency held in June 1977. The election has been challenged on the ground that the result of the election in so far as it concerns the returned candidate has been materially affected by a non-compliance with the provisions of the Representation of the People Act, 1951, the Conduct of Election Rules and the Provisions of the Election Symbols (Reservation and Allotment) Order, 1968. In other words, he seeks the election of the respondent to be declared void under Section 100(1)(d)(iv) of the Representation of the People Act, 1951 (hereinafter referred to as the Act).2. The petitioner's case very briefly stated is as follows:That the Respondent who had filed his nomination seeking the symbol of the Janta Party, had not been able to file a notice in writing signed by the President of the Janta Par...
Radhey Shyam Shri Krishna Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Feb-02-1978
Reported in: [1982]137ITR602(All)
Satish Chandra, J.1. M/s. Radhey Shyam Shri Krishna was a registered firm. It consisted of Sheo Kant and his two sons, Radhey Shyam and Shri Krishna, as the three partners. Sheo Kant died on October 11, 1967, leaving as his heirs his two sons and his widow. The firm was reconstituted by execution a fresh partnership deed on November 1, 1967. In this firm, the two sons and the widow became partners. For the assessment year 1969-70, the firm claimed a deduction of Rs. 6,226 on the ground that it paid this amount as interest to each of the two male partners. Likewise, a sum of Rs. 6,648 was claimed in respect of the assessment year 1970-71.2. It is not disputed that the firm paid the interest in dispute on the investment brought in by the two partners, Radhey and Shri Krishna, and the payment of interest was made by crediting their accounts.3. The ITO rejected the claim for deduction. He held that after the death of the father, the sons got the share of the capital in their individual cap...
K.L. Tripathi Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Feb-02-1978
Reported in: (1978)IILLJ457All
S.D. Agarwal, J.1. The petitioner Sri K.L. Tripathi was an employee of the State Bank of India. He joined the service of the Slate Bank of India in the year 1955 as an assistant clerk. He was promoted subsequently and at the relevant time, he was working as Branch Manager in the State of India Branch at Deoria. On 19th June, 1975 a chargesheet was issued by the General Manager (Operations) levelling certain charges against the petition and he was required to submit his written statement in defence in terms of Rule 50 of the Service Rules, The petitioner submitted his reply to the chargesheet. The Managing Director, State Bank of India, Central Office, Bombay, by his letter dated 6th October ,1976 informed the petitioner that the Executive Committee of the Central Board at its meeting held on 6th October, 1966 had resolved to dismiss the petitioner with immediate effect in terms of Rule 49(f) of the State Bank of India (Supervising Staff) Service Rules. A copy of this letter was issued ...
Bhagwati Singh Vs. the Board of Revenue, Allahabad and ors.
Court: Allahabad
Decided on: Feb-01-1978
Reported in: AIR1978All323
M.N. Shukla, J. 1. I had the advantage of perusing the opinions written by my learned brothers and after the exhaustive discussion of the subject in those two elaborate judgments It has become conveniently feasible for me to record my own views in the case with considerable brevity. In my opinion the writ petitions deserve to be dismissed with costs. I would only like to add with respect that though I agree with the ultimate conclusions of my learned brothers I am unable to agree with the opinion of Agrawal, J. on only one aspect of the case, namely, that respondents Nos, 4 to 9 had acquired the rights of hereditary tenants. I would rather subscribe to the contrary opinion of Mehrotra, J. and Gopi Nath, J, (in his referring order). 2. In a nutshell the dispute in this case arose between the petitioner who was a sub-tenant Inducted by the Zamin-! dar after obtaining a decree for ejectment under Section 180 of the U. P. Tenancy Act and respondents Nos. 4 to 9' who were originally trespas...
Smt. Rani Rajendra Kumari Ba Vs. Wealth-tax Officer
Court: Allahabad
Decided on: Feb-01-1978
Reported in: [1979]118ITR320(All)
Satish Chandra, J. 1. The WTO issued notices under Section 17 of the W.T. Act, 1957, for the assessment years 1966-67, 1967-68, 1968-69 and 1969-70. These notices were served on the petitioner on 28th March, 1977. The petitioner has challenged these notices, principally on the ground that they are barred by limitation.2. For each of these years, the petitioner had filed returns under the W.T. Act. In due course, the WTO had passed assessment orders on these returns. Being of the opinion that the petitioner's house at 22, Katghar Road, Allahabad, was under-assessed, the WTO issued notices for these four assessment years as well as for the assessment year 1965-66 under Section 17 of the W.T. Act on 24th September, 1973. The petitioner contested these notices, but overruling the objections, the WTO, on 22nd January, 1975, passed five separate assessment orders in respect of each of the five years.3. In the original assessment proceedings the value of the house at 22, Katghar Road, was tak...
Sardar Finance Corporation Vs. State of U.P.
Court: Allahabad
Decided on: Feb-01-1978
Reported in: 1978CriLJ1469
ORDERV.N. Varma, J.1. This revision is directed against an order dated 26-7-1977 passed by Sessions Judge Etawah, confirming the order dated 22-2-1977 passed by District Magistrate, Etawah, confiscating Truck No. M. P. I. 3990 in a case under the Essential Commodities Act.2. Tagged to this revision is writ petition No. 2965 of 1977 also filed by the applicant. Through this writ petition also the applicant wants that orders dated 22-2-1977 and 26-7-1977 referred to above be quashed. The applicant filed this writ petition by way of caution because on the date on which it had filed the present revision, it was not sure whether this revision was legally maintainable or not. Now the position in regard to the filing of a revision like this, has become quite clear. In Thakur Das v. State of Madhya Pradesh : 1978CriLJ1 it has been held that a Sessions Court while hearing appeal under Section 6C of the Essential Commodities Act is an inferior Criminal Court in relation to High Court and as such...
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