Allahabad Court September 1980 Judgments
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Swadeshi Cotton Mills Ltd. Vs. Swadeshi Polytex
Court: Allahabad
Decided on: Sep-15-1980
Reported in: [1982]52CompCas483(All)
A. Banerji, J. 1. The Swadeshi Cotton Mills Ltd., hereinafter referred to as the ' petitioner-company', made an application, A/83, for summoning certain documents including the 'report of the Company Law Board on Swadeshi Polytex, Ghaziabad, on the investigation made by them under Sections 239 of the Companies Act and all papers connected therewith '. By an order dated 1st August, 1979, this court had directed that the report of the inspector made under Section 239 of the Companies Act, submitted to the Company Law Board may be summoned from the Board. Thereupon, Mr. V.K. Burman, learned chief standing counsel for the Central Govt., claimed privilege in respect of the above document and filed the affidavit of Shri S. Balaraman, Under-Secretary to the Company Law Board. In this affidavit, A/199, it was stated :' 2. I have carefully considered the said document and have come to the conclusion that it contains communications made in official confidence and I consider that public interest ...
Ashok Kumar and anr. Vs. Gaon Sabha, Ratauli and ors.
Court: Allahabad
Decided on: Sep-10-1980
Reported in: AIR1981All222
D.N. Jha, J.1. Defendants have directed this second appeal against the judgment and decree passed by the Civil Judge, Barabanki who decreed the plaintiff's suit for cancellation of sale deed executed on 24-12-70 by the plaintiff in favour of the defendants.2. Plaintiff Smt. Rukmin is alleged to have executed a sale deed in favour of the respondents on 24-12-1970 after depositing twenty times of land revenue and obtaining the Bhumidhari Sanad. Plaintiff brought a suit for cancellation of the sale deed executed by her in favour of the defendants on the ground that she actually intended to execute a waqf in favour of the Shivala and not the sale deed in favour of the appellants. No consideration was paid to her. She was an illiterate lady and the alleged sale deed was neither read over to her nor she was made to understand it and it was under the undue influence and fraud practised by the maternal grandmother and others related to the defendants to get the sale deed be cancelled, The suit...
Addl. Commissioner of Income-tax Vs. D.D. Lamba and Co.
Court: Allahabad
Decided on: Sep-10-1980
Reported in: (1981)20CTR(All)160; [1981]128ITR564(All)
H.N. Seth, J.1. The assessee, M/s. D. D. Lamba and Co., is a registered firm carrying on business as a building contractor under the MES. For each of the assessment years 1965-66, 1966-67 and 1968-69, the assessee returned an income of Rs. 37,630, Rs. 53,772 and Rs. 24,943, respectively. At the time of assessment the ITO, who examined the books of the assessee, found that the net receipts shown in assessee's books were supported by certificate of payments from the department concerned but no details in respect of cost of materials issued to the assessee by the department and the reduction made on account of security furnished by the assessee had been furnished. Accordingly, the ITO worked out the gross receipts by applying a formula of 20/13 to the receipts disclosed by the assessee. As in the opinion of the ITO the accounts had not been kept properly and the net profit disclosed by the assessee appeared to be low, he rejected the assessee's books of account and worked out its income b...
Avinash Glass Works and anr. Vs. the Director, Movement, Railways, Rai ...
Court: Allahabad
Decided on: Sep-09-1980
Reported in: AIR1980All412
M.N. Shukla, J.1. This is an application for a writ in the nature of mandamus to compel the respondents, namely, the Director, Movement, Railways, Railway Board, Calcutta and the Director, Transport (Coal) Calcutta to treat the petitioners' Glass Unit at par with that of the Advance Glass Works, the West Glass Works, the Emkary Glass Works and others for the transportation of coal and to deliver the coal wagons in the same way as are being delivered to those Glass Units. The petitioners have also prayed for a writ of mandamus directing the respondents to supply the movement of sponsored Railway wagons month to month in the case without undue delay.2. Petitioner No. 1 is a Glass Industrial Unit and manufacturing Block Glass and Imitation Glass. The factoryis registered as Small Scale Industry and uses coal as fuel and energy. The petitioners purchase coal directly from Coal India Limited through its agent Mrs. Sikri Brothers. The loading of Railway wagons with coal is done under the sup...
Dalip Singh and ors. Vs. the State Transport Appellate Tribunal, U.P., ...
Court: Allahabad
Decided on: Sep-05-1980
Reported in: AIR1980All404
B.D. Agarwal, J. 1. Charkhari-Chhatarpur Route is an inter-Statal route -- partly falling in the State of Uttar Pradesh and partly in the State of Madhya Pradesh, 18 miles of the route being in the State of Madhya Pradesh and the remaining portion in the State of U. P. In the meeting held on April 18/19, 1973, the Regional Transport Authority, Jhansi, purporting to act under the provisions of the Motor Vehicles Act (U P. Amendment) Act, 1972 (U. P. Act No. XXV of 1972) granted 42 permanent stage carriage permits on this route. The resolution, by which the aforesaid permits were granted, was challenged by respondent No. 3 in revision before the State Transport Appellate Tribunal U. P. Lucknow. The respondent No. 3, was, at the relevant time, an operator of the Mahoba-Chhatarpur route, which is overlapped by the aforesaid inter-Statal route to the extent of 22 miles between Srinagar and Chhatarpur. Subsequent to the filing of the revision, the respondent No. 3 transferred her permit in f...
iftekhar HusaIn Vs. Smt. Hameeda Begum
Court: Allahabad
Decided on: Sep-02-1980
Reported in: 1980CriLJ1212
ORDERP.N. Bakshi, J.1. On 31-1-1978, the Magistrate passed an order under Section 125 Cr.P.C. by which he awarded Rs. 75/-per month as maintenance allowance to the opposite party and her daughter. Aggrieved thereby a revision was filed which was dismissed on 8-7-1978. On 9th May, 1979 an application was filed on behalf of Smt. Hameeda Besrum claiming maintenance allowance of Rs. 3375.00 from 1-8-1975 to 1-5-1979. It was prayed that the amount be realized by attachment. It appears that the property of the applicant was attached. The value of the property according to the report received by the court below was Rs. 33200. He directed the sale of the property. But since the total amount of maintenance to be realized was Rs. 3525.00, the Chief Judicial Magistrate Shajahanpur directed the issue of warrant for the arrest of the applicant. He passed an order under Section 125(3) Cr.P.C, for the arrest of the applicant for 45 months or till such time as the payment was made. This order was pass...
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