Allahabad Court September 1985 Judgments
Bakhtawar Lal and ors. Vs. Ram Kumar and ors.
Court: Allahabad
Decided on: Sep-20-1985
Reported in: AIR1986All160
K.C. Agarwal, J.1. This is an appeal filed under Section 39(1)(vi) of the Arbitration Act against the judgment of the First Civil Judge, Meerut, dt. 13th April, 1976, setting aside the award dt. 26th July, 1971, given by Kailash Chand Mittal. The appellant was the head of the joint Hindu family, of which respondents 1 to 12 were the members. These respondents can be grouped into two parties. The first party consisted of the appellant and respondents 1 to 5. whereas the second party consisted of respondents 6 to 12. It is in this fashion that the two sides have been defined in the arbitration agreement dt. 13-5-1971, which led to the award dt. 26-7-1971. On behalf of the first party the appellant had signed the agreement, whereas on behalf of respondents 6 to 12 the agreement was signed by Smt. Sumitra Devi, respondent 6. The arbitrator gave notice of the award on July 26, 1971. He gave copies of the award to both sets of parties, the original remained with the arbitrator.2. An applicat...
Tag this Judgment!Arif Akhtar Khan Vs. State Transport Appellate Tribunal, U.P., Lucknow ...
Court: Allahabad
Decided on: Sep-20-1985
Reported in: AIR1986All188
ORDERS.K. Dhaon, J. 1. The petitioner, an intending applicant for the grant of a stage carriage permit on a certain route, challenges the legality of an order passed by the State Transport Authority, U. P., Lucknow (hereinafter referred to as the Transport Authority) granting temporary permission (for) a certain route. He also challenges the legality of the order passed by the State Transport Appellate Tribunal (hereinafter referred to as the Tribunal) dismissing the revision preferred by him against the order of the Transport Authority.2. The route Etah-Mainpuri-via-Karnai (hereinafter referred to as the route) is covered by a notification issued under Section 68C of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). The, Transport Authority, keeping in view the need of the travelling public, commenced granting temporary permits on the route to the U. P. State Road Transport Corproation (hereinafter referred to as the Corporation) under Section 68F(1A). It appears that...
Tag this Judgment!Punjab Paint, Colour and Varnish Works and anr. Vs. Customs, Excise an ...
Court: Allahabad
Decided on: Sep-19-1985
Reported in: 1986(7)ECC149; 1987(32)ELT656(All)
S.K. Dhaon, J.1. By means of this petition under Article 226 of the Constitution the petitioners challenge the legality of an order dated 29th July, 1985 passed by the Customs, Excise and Gold (Control) Tribunal (hereinafter referred to as the Tribunal) refusing to grant exemption to the petitioners Nos. 1 and 2 from depositing Rs. 1,55,507.47 and Rs. 32,230.05 respectively. The petitioner had invoked the jurisdiction of the Tribunal under the provisions contained in proviso to Section 35-F of the Central Excises and Salt Act, 1944.2. The petition, in substance, is directed against an interlocutory order whereby the Tribunal has refused to exercise its discretion in favour of the petitioner. It is not a fit case for interference in the exercise of writ jurisdiction under Article 226 of the Constitution. However, it will be open to the petitioners to make fresh applications to the Tribunal for granting them the necessary exemption. If such applications are made, the Tribunal shall dispo...
Tag this Judgment!Ashok Kumar Singh Vs. Superintendent, Central Jail and ors.
Court: Allahabad
Decided on: Sep-18-1985
Reported in: 1986CriLJ1751
S. Saghir Ahmad, J. 1. This petition was allowed by us by a short order passed yesterday i.e. 18-9-85 which is quoted below.For the reason recorded later, the writ petition is allowed and the impugned order dt. 18-10-84 contained in Annexure-1 is hereby quashed. The petitioner shall be released forthwith unless his detention is required in some other case. There will be no order as to costs.2. We now proceed to give our reasons.3. The petitioner have been detained under the National Security Act (hereinafter referred to as the Act) by an order passed by the District Magistrate, Varanasi on 18-10-84. The order is annexure-1 to the writ petition.4. The ground of detention indicates that on 18-9-84 at about 9.30 p.m. the petitioner along with his four other associates (all armed with revolvers and pistols) had gone to house No. C-21/9A-1 in Mahamandal Nagar, P.S. Chetganj, Varanasi and committed the murder of Faujdar Misra and Amolak Singh and injured Akhilesh Misra, who was admitted in t...
Tag this Judgment!Commissioner, Sales Tax Vs. Jalpa Lime and Flour Mill
Court: Allahabad
Decided on: Sep-16-1985
Reported in: [1986]62STC99(All)
K.N. Misra, J.1. These are three connected revisions filed under Section 11(1) of the U.P. Sales Tax Act, 1948 (for short the Act). These revisions have been filed beyond the prescribed period of limitation. A prayer has been made seeking condonation of delay under Section 5 of the Limitation Act. Having perused the grounds mentioned in the accompanying affidavit explaining the delay, I find that sufficient cause has been shown seeking condonation of delay. The delay is accordingly condoned.2. I have heard the learned State counsel on merits in these revisions. The opposite party-assessee, M/s. Jalpa Lime & Flour Mill, Jalpa Nala, Faizabad, District Faizabad, is a manufacturer of lime and surkhi. The Assistant Sales Tax Officer rejected the return submitted by the assessee for the assessment years 1972-73 and 1973-74 vide order dated 16th October, 1976, a copy of which has been annexed as annexure 1 to the petition. The Assistant Sales Tax Officer rejected the account books and determi...
Tag this Judgment!income-tax Officer Vs. Shital Prasad Kharag Prasad
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Sep-13-1985
Reported in: (1986)15ITD580(All.)
1. The dispute in the present appeal relates to the taxability of capital gains arising out of the acquisition of a property situated at 22, Hardinge Avenue (now Tilak Marg), New Delhi.2. The facts of the case are as stated hereafter. Originally there was a joint Hindu family under the name and style of 'Shital Prasad Kharag Prasad'. The family consisted of Raja Sir Moti Chand, his younger brother Shri Gokul Chand, the sons of the latter and the sons of a predeceased brother, Shri Mangla Prasad. The eldest son of Shri Mangla Prasad was Shri Jyoti Bhushan Gupta (J.B. Gupta). Raja Sir Moti Chand was originally the karta of the family. He died in 1934 leaving no male issue. After his death, Shri Gokul Chand became the karta. He also died in 1958. Thereafter, Shri J.B. Gupta became the karta of the family.3. The family had income from business, house property and zamindari properties spread over at different places including Varanasi, Delhi and Calcutta. After the death of Raja Sir Moti C...
Tag this Judgment!Rameshwar Dayal (deceased by LR's) and Anr. Vs. State of U.P. and Anr. ...
Court: Allahabad
Decided on: Sep-12-1985
Reported in: AIR1986All81
N.D. Ojha, J. 1. These two connected appeals raise identical questions and as such are being decided by a common judgment. A notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued on 20-7-1965 for acquiring a large tract of land situate in certain villages of tahsil Ghaziabad, as it then was, district of Meerut at the instance of M/s Modi Spinning and Weaving Mills Co. Ltd., Modinagar, for construction of a new factory for the manufacture of Nylon and other synthetic fibres and of dwelling houses for the employees. The land specified in the notification under Section 4 included plots of land belonging to Rameshwar Dayal and others who are the appellants in First Appeal No. 223 of 1974 and Niranjan Singh and others who are the appellants in First Appeal No. 292 of 1974. The Land Acquisition Officer by his award dated 14-7-1967 determined compensation at the rate of Rs. 2/- per sq. yard. The appellants felt aggrieved by this award. At the...
Tag this Judgment!Har Krishan Khosla Vs. Alembic Chemical Works Company Ltd. and anr.
Court: Allahabad
Decided on: Sep-11-1985
Reported in: AIR1986All87
N.D. Ojha, J.1. This is defendant's first appeal against the order dated 13th August 1985 passed by the Civil Judge (II) Gorakhpur directing the appellant to furnish security in the sum of Rs. 7,00,000/- and to attach his properties before judgment in the event of his failure to furnish security within the time allowed.2. The facts giving rise to this appeal are that the plaintiff-respondents instituted a suit for recovery of Rs. 7,00,000 against the appellant. They also made an application under Order 38, Rule 5 of the Civil P. C. for attaching certain properties of the appellant before judgment on the ground that he was about to dispose of his properties with intent to obstruct or delay the execution of any decree that may be passed against him. This application was contested by the appellant, but was allowed by the order appealed against.3. It has been contended by the learned counsel for the appellant that the order passed by the trial Court is based on no evidence inasmuch as the ...
Tag this Judgment!Punwasi Vs. Smt. Sukha Devi
Court: Allahabad
Decided on: Sep-10-1985
Reported in: AIR1986All139
B.D. Agrawal, J. 1. The question raised in this appeal under Order XLIII Rule 1(u) Civil P. C. directed against the order of the Additional District Judge, Varanasi, dated May 29, 1984, is short, but of some importance. 2. The respondent No. 1 (Smt. Sukha Devi) instituted Original Suit No. 63 of 1980 in the Court of Munsif City, Varanasi, for partition in respect of a dwelling house, situate in a mohalla of that city. The house, it is alleged, belonged to Shiva Bhikh, who died leaving his son Bhagelu. The death of Bhagelu took place on Aug. 5, 1979. He left behind two sons, namely, Punwasi (the appellant), the respondent No. 2 (Banarasi) and one daughter, namely, Smt. Sukha Devi (plaintiff-respondent No. 1), The share claimed by the plaintiff in the house is one third. The averment in the plaint also is that she gave notice to the defendants on Nov. 22, 1979, but they did not divide the house and hence the action for partition. The defendants, arrayed to the suit, were the present appe...
Tag this Judgment!income-tax Officer Vs. Sita Ram Tekriwal, Huf.
Court: Allahabad
Decided on: Sep-10-1985
Reported in: [1986]15ITD663(NULL)
ORDERPer Shri Prakash Narain, Accountant Member - The only contention in this appeal is that the AAC had erred in deleting the addition of Rs. 61,282 made under section 41(2) and Rs. 13,324 made under section 45 of the Income-tax Act, 1961 (the Act).2. The assessee is an HUF. He was a partner in the firm of Vijai Picture Palace represented through its karta, Shri Sita Ram Tekriwal. The other partner was Shri Ram Kishan Tekriwal. The firm was running a cinema in Gorakhpur. Some dispites arose between the above two partners, as a result of which the cinema remained closed from 20-10-1971 to 30-3-1972. Subsequently, on 28-3-1972, an agreement was arrived at between the above two partners. As a result of this agreement, the firm was dissolved on the above date. It was further decided that Shri Sita Ram Tekriwal will sell his half interest in the assets of the firm to Smt. Chameli Devi wife of Shri Ram Kishan Tekriwal and Smt. Lalita Devi daughter-in-law of Shri Ram Kishan Tekriwal. The ass...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »