Allahabad Court October 1985 Judgments
Commissioner of Sales Tax Vs. Patursuns Adarsh Nagar
Court: Allahabad
Decided on: Oct-31-1985
Reported in: [1987]67STC139(All)
Anshuman Singh, J.1. This revision has been preferred by the Commissioner of Sales Tax under Section 11(1) of the U. P. Sales Tax Act (hereinafter referred to as the Act), against the order dated 14th January, 1985, passed by the Sales Tax Tribunal, Meerut Bench, Meerut, relating to the assessment year 1974-75.2. The assessee-respondent manufactures and sells pipe and pipe fittings. The disclosed turnover of the assessee was rejected by the assessing authority and the turnover was enhanced. The Assistant Commissioner (Judicial), in first appeal filed by the assessee, maintained the order passed by the assessing authority. The second appeal filed by the assessee has been allowed by the impugned order and the department has challenged the aforesaid order in the instant revision.3. I have heard Sri P. K. Jain, counsel appearing for the department, and Mr. P. S. Verma, counsel for the respondent. As regards the acceptance of books of account of the assessee is concerned, Mr. Jain could not...
Tag this Judgment!Shri Thakurji Maharaj Vs. Smt. Dankiya and ors.
Court: Allahabad
Decided on: Oct-30-1985
Reported in: AIR1986All247
Om Prakash, J.1. This is a second appeal by the plaintiff against the judgment and decree dt. 14-8-1974 of the learned 2nd Additional District Judge, Hamirpur (in short 'the A. D. J.') reversing the judgment and decree of the trial court, whereby the learned Munsif accepted the contention of the plaintiff that the suit on behalf of the deity was maintainable by Sri Raja Ram Singh as shebait or next friend of the deity. Also the plaintiff has filed a petition under Article 226 of the Constitution for quashing the order D/- 24-2-1977 passed in revision No. 2722 of 1976, Jadunkndan v. Thakur Ram Janki, by the Deputy Director of Consolidation, Hamirpur, by means of a writ of certiorari. First, I take up the second appeal for decision and the writ petition will be taken thereafter.2. The plaint case is that defendant 5 got his private temple constructed over the land belonging to him and installed there an idol of Sri Ram, Janki and Lakshman Ji that the temple was constructed by defendant 5...
Tag this Judgment!income-tax Officer Vs. R.T. Lawrence
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Oct-29-1985
Reported in: (1986)15ITD490(All.)
1. Since the above appeals involve common contentions, and same set of arguments were made by both the parties in relation thereto, they are disposed of by this consolidated order for the sake of convenience.2. Indian Farmers Fertiliser Co-operative Ltd., Phulpur, Allahabad (IFFCO) entered into an agreement with Kellogg India Ltd., USA (KIL) on 23-3-1976. The preamble of this agreement shows that IFFCO desired to have designed and erected a chemical fertiliser complex consisting of an ammonia plant, a urea plant and the offsite facilities required for the above plants at a site near Phulpur in UP. In order to carry out the above objectives IFFCO entered into several agreements with different parties. One of the agreements was with KIL. As per Article 2.01 of the above agreement KIL was to furnish in India the necessary services of engineers, designers, draftsmen, inspectors and expediters, construction and start up advisers, and other persons required for the performance of the work a...
Tag this Judgment!Baldeo Raj Vs. Smt. Deowati and ors.
Court: Allahabad
Decided on: Oct-29-1985
Reported in: I(1986)ACC390; AIR1985All1; [1987]61CompCas710(All)
Om Prakash, J.1. This is a first appeal against the judgment and decree dated December 5, 1978, of the learned IInd Additional District Judge, Bulandshahr, arising from an accident claim petition filed by the kith and kin of the deceased before the Motor Accidents Claims Tribunal (for short ' the Tribunal '). The facts are that on June 28, 1977, at about 7.30 a.m. the deceased, namely, Kishanpal, was travelling in a rickshaw along with Natthu Singh, who deposed as P.W. 4 before the Tribunal. The rickshaw was proceeding from the railway station towards Sabzi Mandi. Truck No. UPP 4395, which was coming from the city side, i.e., from the opposite direction, dashed into the rickshaw causing injuries to Kishanpal who succumbed to them in the hospital. His co-passenger, Natthu Singh, was also injured. The claimants claimed compensation of Rs. 60,000, but the Tribunal decreed the claim for Rs. 24,000 only. The Tribunal found that at the time of the accident, the truck was being driven by one ...
Tag this Judgment!Vishwanath Goyal (Deceased by Lrs.) and ors. Vs. Cantonment Board, Agr ...
Court: Allahabad
Decided on: Oct-28-1985
Reported in: AIR1987All4
B.D. Agrawal, J.1. This First Appeal No. 54 of 1964 coming up quarter of a century after ' the action commenced on Oct. 6, 1959 wherein, as is not unusual, the suitor has not survived, is another grim reminder to crying need for urgent judicial reform in the system. To apportion blame is not the object; this is the resultant of a cumulative set of factors --the various actors having different role to play.2. One Jyoti Prasad Upadhyaya was the owner of house No. 18 The Mall, Agra Cantonment, Agra. Land is freehold covered under old grant. There was partition by a Civil Court decree -- the division was by metes and bounds. Govind Behari Lal held, by purchase made on 15th Feb., 1941, 1/4th share (which was separated) and shown as house No. 18/1 in the Cantonment Board record. On his death his son Jai Raj Behari Lal and the widow made transfer of houseNo. 18/1 by registered sale deed dated 2nd Dec., 1957, in favour of Vishwanath Goyal and his wife for consideration. The vendees intended to...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Income-tax Appellate Tribuna ...
Court: Allahabad
Decided on: Oct-18-1985
Reported in: (1986)54CTR(All)204; [1986]159ITR642(All); [1986]26TAXMAN466(All)
S.K. Dhaon, J. 1. This petition is directed against an order passed by the Income-tax Appellate Tribunal, Allahabad, dismissing the application purported to have been made by the petitioner, the U.P. State Road Transport Corporation (hereinafter referred to as the 'Corporation') under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') as barred by time.2. Three different orders were passed against the Corporation by the Income-tax Officer concerned in proceedings for the assessment of income-tax in respect of assessment years 1973-74, 1974-75 and 1975-76. The Corporation claimed certain exemptions under Sections 10(20) and 11 of the Act. However, the exemptions were disallowed. Feeling aggrieved, the petitioner preferred two appeals before the Commissioner of Income-tax (Appeals) (hereinafter referred to as the 'appellate authority'). These appeals were disposed of by orders dated August 1, 1978, and August 19, 1978, respectively. The first order pertaine...
Tag this Judgment!Ashwani Kumar Srivastava Vs. Institution of Engineers (India), Calcutt ...
Court: Allahabad
Decided on: Oct-18-1985
Reported in: AIR1986All251
K.C. Agrawal, J.1. This writ petition under Article 226 of the Constitution has been filed for quashing the order dt. 29-5-1981 and 12-9-1979 and further for mandamus directing the respondents to declare the petitioner's result of Summer Examination hold in 1979.2. Institution of Engineers (India), 8, Gokhale Road, Calcutta was formed at Madras in the year 1919. This institution was initially incorporated under the Indian Companies Act. 1913. Thereafter in 1935 a Royal Charter of incorporation was granted by the then sovereign viz. His Majesty the King in Council.3. The objects and purposes for which the Institution of Engineers (India) was constituted were to promote the general advancement of Engineering and Engineering Science and their application in India and to facilitate the exchange of information and ideas on those subjects amongst the members of and persons attached to the institution and otherwise, and for that purpose :(a) To promote and advance the science, practice and bu...
Tag this Judgment!Ramapati Tewari Vs. Dharam Sukh Tewari and anr.
Court: Allahabad
Decided on: Oct-18-1985
Reported in: AIR1986All310
ORDERS.D. Agarwala, J.1. These are two civil revisions filed under Section 115 of the Code of Civil Procedure. The property in dispute initially belonged to one Ramlali Devi. She died on 21st March, 1979. In May, 1979 Sri Dharam Sukh Tewari filed an application under Section 192 of the Indian Succession Act before the District Judge, Allahabad for issue of a direction that the possession of the properties belonging to Ramlali Devi be delivered to Dharam Sukh Tewari. This application was filed against Sri Ramapati Tewari and Sri Girja Prasad Tewari. Sri Ramapati Tewari and Sri Girja Prasad Tewari are the sons of Paramsukh Tewari who was the real brother of the husband of Ram Lali Devi. Dharamsukh Tewari is the real brother of Tribhuwan Nath, the husband of Ramlali Devi. In essence the dispute is Beteen the uncle Dharamsukh Tewari and his nephews Girja Prasad Tewari and Ramapati Tewari in respect of the property of late Smt. Ramlali Devi. This application under Section 192 of the Success...
Tag this Judgment!Fertilizer Karkhana Mazdoor Union Etc. Vs. P.O. Industrial Tribunal Ii ...
Court: Allahabad
Decided on: Oct-18-1985
Reported in: (1987)IILLJ328All
U.C. Srivastava, J.1. The question raised in this writ petition is the permissibility of representation by a lawyer of the employer in proceedings under the industrial Disputes Act pending before the Presiding Officer, Industrial Tribunal (II), Lucknow. The Industrial Tribunal rejected the objection on this behalf raised by the representatives of the employees and the said order is subject matter of challenge in this petition. A show cause notice was issued by this Court on the writ petition tiled by the employees to the employer to show cause why petition should not be admitted and it was also provided in the order of this Court that the petition may be heard and disposed of finally on that date and that is why the petition is being disposed of finally. It is also admitted.2. The dispute raised by the Fertilizer Karkhana Mazdoor Union against the employers regarding helpers allowance to its employees was referred to the Labour Court. Gorakhpur. On 17th November 1982, the first date fi...
Tag this Judgment!Ganesh Prasad Kapoor Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-18-1985
Reported in: 1986CriLJ1607
S. Saghir Ahmad, J.1. The Petition under Article 226 of the Constitution is directed against the order dt. 20th May, 1985 (Annexure-2) passed by the State Government under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act) under which the petitioner has been detained on the grounds contained in annexure-2.2. Annexures Nos. 3,4, 5, 6 and 7, which form part of the grounds, were also supplied to the petitioner on 10th June, 1985 when the order was served upon him.3. A representation was made by the petitioner against the above order of detention but it was rejected by the State Government.4. The grounds of detention recite that on 17th Jan. 1985 the custom authorities had interrogated Sri Anil Kumar Gupta in their Office and on a search of his person, 2350 U.S. Dollars, 2000 Saudi Arabian Rial and an amount of Rs. 7610/- were recovered and a recovery memo was prepared. Sri Anil Kumar Gupta in his statement gave out that h...
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