Allahabad Court August 1983 Judgments
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Wealth-tax Officer Vs. Buniyad Hussain
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Aug-11-1983
Reported in: (1983)6ITD407(All.)
1. The question involved in this appeal is whether the land in question is wakf land so that it cannot be included in the net wealth of the assessee for the wealth-tax assessment purposes.2. In Quasha Zaidpur Pargana Satrikh Tehsil Nawabganj, District Barabanki (U.P.), there is 601 bighas of agricultural land/grove land.The portion of 121 bighas containing the residential house admittedly belongs to the assessee, Shri Buniyad Hussain. The remaining 480 bighas, in which there is a masjid and imambara, is the land in dispute. The assessment year in question is 1970-71. The assessee claimed before the WTO that wakf was made orally in respect of land in dispute long back though the writing was made and registered on 22-5-1970 (should be 20-6-1970). However, the WTO did not accept the assessee's submissions and vide the assessment order, dated 31-3-1972, he added Rs. 7,01,000 as the value of the total area of 601 bighas to his net wealth.3. The assessee went up in appeal before the AAC and...
Govind Gupta and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-11-1983
Reported in: 1984CriLJ343
ORDERM. Wahajuddin, J.1. The applicant against whom F. I. R. has been lodged has come forward with a prayer that the F. I. R. dated 1-7-1983 and the show cause notice dated 7-7-1983 may both be quashed. The grounds of attack are that both petitioner No. 1 and the seller of the wheat and rice are wholesale dealers and the purchase of the commodities and bringing the same to the destination at Konch does not constitute an offence, the Marketing Inspector has not correctly read the licence number, the Marketing Inspector erred in not considering the entire evidence produced by the petitioner and that levy on the rice purchase was already paid by petitioner No. I hence no offence is made out.2. The F. I. R. recites that Sri R. K, Shukla, Marketing Inspector accompanied by other officials and two constables was carrying surprise checking at Kanpur road Etawah at the octroi and noticed one truck facing Kanpur direction and interrogated the driver and the conductor of the truck concerning the...
Ram Niwas Gupta Vs. 1st Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-10-1983
Reported in: AIR1984All124
ORDERB.D. Agrawal, J.1. These are two connected petitions under Articles 226/227 of the Constitution.2. Sachindra Kumar (hereinafter the respondent) holds a stage carriage permit No. 604-A for the Atrauli-Amapur via Charra-Kasganj route. He plied Bus No. UPC 5375 against this permit. On or about 8th August, 1974 he entered into agreement with Ram Niwas (hereinafter the petitioner) whereby he agreed to transfer the vehicle to the petitioner and to let him ply the same against the respondent's permit. Apprehending breach of this agreement on respondent's part, the petitioner instituted O. S. No. 140 of 1975 in the Court of Civil Judge, Aligarh for perpetual injunction. The suit ended in compromise between the parties entered into on 17th Jan., 1976 the material terms of which were:--(i) That the Bus No. UPG 5375 with its Chassis No. 34205207, 17401, Engine No. 0717952, 1970 Model in question is and will remain the property of the plaintiff. (ii) That the plaintiff shall be entitled to p...
State of U.P. and anr. Vs. Mahendra Tripathi
Court: Allahabad
Decided on: Aug-09-1983
Reported in: AIR1984All59
ORDERV.K. Mehrotra, J.1. Mahendra Tripathi, who is the decree-holder opposite party in this revision under Section 115, C. P. C. was employed with the State of U. P. in the Irrigation Department. His services were terminated. The order of termination was assailed by Sri Tripathi in a suit which eventually was heard and decided by the U. P. Public Services, Tribunal. The Tribunal set aside the order of termination and decreed the suit of Tripathi. At some stage, Tripathi was compelled to move the Tribunal for execution of the decree by making an application under Section 5 (7) of the U. P. Public Services Tribunals Act, During the proceedings before the Tribunal, the State Government sought some further time to calculate the exact amount which was payable to Tripathi. The prayer was, however, refused and a certificate was issued in favour of Tripathi.2. Oil the basis of the certificate so issued, Tripathi sought to execute the decree in his favour. On February 16, 1979, Civil Judge. I, ...
Allahabad Patrika Pvt. Ltd. Vs. Labour Court and ors.
Court: Allahabad
Decided on: Aug-09-1983
Reported in: (1984)ILLJ297All
A.N. Varma, J.With the consent of the learned Counsel for the parties, this petition is being disposed of finally.1. This petition is directed against an order passed by the Labour Court, Allahabad refusing to accept an additional written statement on the ground that there was no provision of law under which additional written statement could be permitted to be filed at that stage.2. Learned Counsel contends that the aforesaid order is manifestly unsustainable in law, inasmuch as, under Rule 12(1)(e) of the U.P. Industrial Disputes Act, 1957, the Labour Court is expressly empowered to allow an amendment of die written statement at any stage of the proceedings where it considers it necessary to do so in the interest of justice for the purpose of determining the real issue.3. Having heard learned Counsel for the parties I find that the above contention is well founded. Rule 12(1)(e) reads thus:12. Proceedings before the Labour Court or Tribunal (1) where the State Government refers an in...
Hindustan Chamber of Commerce Vs. Income-tax Officer.
Court: Allahabad
Decided on: Aug-09-1983
Reported in: [1986]17ITD756(NULL)
ORDERPer Shri V. P. Elhence, Judicial Member - These two appeals filed by the assessee arise out of the orders dated 1-2-1982 of the learned Commissioner (Appeals).2. The assessee is a company registered under section 25 of the Companies Act, 1956, as a charitable organisation. For the assessment years 1975-76 and 1976 in question, the assessee declared a total income of Rs. 1,400 and a total loss of Rs. 7,209, respectively. The gross receipts for these years were Rs. 28,502 and Rs. 35,442 which included incomes by way of weighbridge amounting to Rs. 26,331 and Rs. 33,644, rescpectively. Out of this, for the assessment year 1975-76, an amount of Rs. 16,101 was claimed to have been applied for charitable and religious purposes in India during the previous year and Rs. 11,000 were said to have been set apart for to charitable and religious purposes in India. The balance of Rs. 1,400 was offered for taxation by the assessee. The income and expenditure account for the assessment year 1975-...
Alka Watches Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-08-1983
Reported in: 1983(14)ELT2116(All)
A. Banerji, J.1. The principal question in this petition is whether the respondents are justified in withholding the seized goods belonging to the petitioner and whether they are liable to return the same to the petitioner no. 1.2. The officers of the Central Excise and Customs intercepted, seized certain imported goods at Ghaziabad. Petitioner no. 1 claimed through its Managing Director, petitioner no. 2, that the goods belonged to petitioner no. 1 and had been imported by it through proper invoice and import permit. The petitioner claimed that the seized goods which are components of watches have not yet been returned to the petitioner. It was further pleaded that in view of the provisions of Section 110 of the Customs Act, 1962, hereinafter referred to as 'the Act', it was mandatory for the respondents to have given a show cause notice as contemplated under Section 124(a) of the Act within six months of the seizure of the goods, and since that was not done, they were liable to retur...
Shiv Pal Singh and ors. Vs. Gaon Sabha
Court: Allahabad
Decided on: Aug-05-1983
Reported in: AIR1984All114
N.N. Mithal, J. 1. The plaintiff has filed this appeal against the order of the lower appellate Court holding that the Civil Court had no jurisdiction to decide the suit and directing return of the plaint for presentation to the proper Court. 2. The facts of the case, so far as they arc relevant for the purposes of the controversy involved in the appeal are : between the village Maharajpur and Uncha there is a river. The plaintiffs were recorded Bhumidhars of the land in question in village Mahrajpur. However, due to shift in the course of the river towards village Mahrajpur some land on its other side became available due to alluvion. The respondent, as Gaon Sabha of village Uncha, laid its claim to the said land and intended to lease it nut according to law. The plaintiffs, therefore, filed the suit in 1975 for an injunction restraining the defendant from interfering with plaintiff's possession over it and from allotting the same on lease to others. 3. Objection was taken by the defe...
Shiva Nand and anr. Vs. Shri Shankerji Maharaj Birajman Mandir and ors ...
Court: Allahabad
Decided on: Aug-04-1983
Reported in: AIR1984All55
N.N. Mittal, J.1. This second appeal arises oat of a suit for injunction filed in respect of a property belonging to the deity, Shankarji Maharaj filed by the deity and one Manni Lal, claiming to be the Manager of the property of the said deity, over which the defendant-appellants and, their predecessor-in-interest Shri Kamla Nand wanted to make certain encroachments. The two courts below have returned concurrent findings and have decreed the suit holding that Manni Lal was the Manager of the properties of plaintiff 1. The original defendant Kamla Nand claimed to be the Pujari of the said temple and claimed to be in management thereof, having been authorised by Vithal Sewa Ashram Samiti, which pleas have not found favour with the courts below.2. The short question which has been raised in the appeal is whether on the death of the original plaintiff, Mannilal, the suit was still maintainable by his heirs? It may be recalled that after the suit had been decreed by the trial court. Kamla ...
Prem Singh Vs. Smt. Dilla Devi
Court: Allahabad
Decided on: Aug-03-1983
Reported in: AIR1984All129
Deoki Nandan, J.1. This to appeal arises from a decree dismissing the appellant's petition for divorce under Section 13 of the Hindu Marriage Act The ground, on which dissolution of the marriage by a decree of divorce was sought, was that a daughter bora to the respondent on the 2nd Aug., 1980 was not begotten upon her by the appellant and the respondent was thus guilty of having had, after marriage, voluntary sexual intercourse with a person other than her husband. That person was not implead-ed as a co-respondent nor was he named in the petition tor divorce or at any stage of the proceedings. Instead it was stated in the petition that the respondent had visited tihe appellant on the 28th Dec., 1979 and stayed with him over night at his house at Mathura where he was posted at that time, though under orders of transfer to Dehra-dun. According to the appellant, he didnot have any sexual intercourse with the respondent during the course of her stay from the 28th to the 29th Dec., 1979.2....
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