Allahabad Court May 1986 Judgments
Har Sharan Varma Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-23-1986
Reported in: AIR1987All294
S.C. Mathur, J.1. The petitioner Sri Har Saran Varma challenges the induction of Sri Mufti Mohammad Saeed into the Central Cabinet. The ground of challenge is that he is not a member of either House of Parliament and is, therefore, disqualified for becoming a member of the Council of Ministers. In support of his plea he has placed reliance upon Articles 84, 99 and 104 of the Constitution and, Section 36 of the Representation of the People Act.2. The answer to the petitioner's contention is to be found in Articles 74 and 75 of the Constitution. Article 74(1) provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President This article does not prescribe any qualification for becoming a member of the Council of Ministers. It does not prescribe that a member of the Council of Ministers must be a member of one of the Houses of Parliament. Thus, there is no bar to a person who is not a member of one of the Houses of Parliament becoming ...
Tag this Judgment!Mohan Lal Bhagwati Pd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: May-21-1986
Reported in: (1986)18ITD575(All.)
1. Grounds of appeal Nos. 1 to 4 are infructuous. These are the grounds against the initiation of proceedings under Section 147 of the Income-tax Act, 1961 ('the Act'). On this issue, the Tribunal has already given its decision vide order of the Tribunal in IT Appeal No.1235 (All.) of 1978-79-order dated 22-3-1980. It has already been held in that order that reopening under Section 147 was valid. The grounds of appeal Nos.1 to 4, therefore, are rejected.2. The next contention in this appeal is that the Commissioner (Appeals) was not justified in holding that the assessee was not entitled to relief under Section 80J of the Act. The assessee-firm has head office at Barhaj (Deoria) and branch at Bhilai. The head office out of its borrowed funds gave loan of Rs.10,38,782 to the branch at Bhilai and the branch started the alleged new unit on which relief under Section 80J is claimed. The assessee claimed relief under Section 80J, but now the law is fully settled that relief under Section 8...
Tag this Judgment!Shree Baidyanath Ayurved Bhawan Ltd. Vs. Assistant Collector of Centra ...
Court: Allahabad
Decided on: May-21-1986
Reported in: 1986(25)ELT11(All)
N.D. Ojha, J.1. By this writ petition seizure of certain goods of the petitioner by the Assistant Collector, Central Excise Allahabad, the respondent in the present writ petition, is sought to be quashed. The main ground on which the writ petition has been filed was that no adjudication of liability of the petitioner had been made prior to the order of seizure and consequently it was not sustainable. In this connection, reliance was placed on an order of the Collector (Appeals) passed in July, 1985 whereby an earlier decision of adjudication made by the respondent was set aside and he was required to decide the matter denovo in the light of the observations made in the appellate order. On its basis it was urged that without making an adjudication in pursuance of the said order of remand it was not open to the respondent to seize the goods of the petitioner. The writ petition was presented on 21st February 1986. On that date counsel for the respondent appeared and undertook to file a co...
Tag this Judgment!Zorawar Vs. State of U.P.
Court: Allahabad
Decided on: May-21-1986
Reported in: 1987CriLJ641
ORDERR.K. Shukla, J.1. This appeal is directed against the judgment and order dated 9-8-1977, passed by the Sessions Judge, Budaun in Sessions Trial No. 86 of 1976, whereby he has convicted Zorawar appellant Under Section 302,1.P.C. and sentenced him to life imprisonment.2. Zorawar appellant was charged Under Section 302, I.P.C. for committing the murder of Ram Bharosey Singh on 23-11-1975 at about 10 a.m. in village Fatehpur, Police Station Musajhag, district Budaun at the CHAUPAL of the deceased with his gun. The appellant and the deceased belong to the same village Fatehpur. It is alleged that Zorawar appellant has four brothers, the eldest of whom was Lahori, who died issueless two years before the occurrence. Smt. Champa Devi widow of Lahori inherited the property of her husband and sold away the same to Bhograj son of her Against judgment and order of Parmatma Swaroop, Sessions Judge, Budaun, D/- 9-8-1977.DEWAR, Ram Sahai and went away to her father's house. Thereafter dispute ar...
Tag this Judgment!Deoki Nandan Agarwal Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-16-1986
Reported in: AIR1987All108
H.N. Seth, Actg. C.J. 1. By means of this petition Sri Deoki Nandan Agarwal, a retired Judge of this Court, has prayed for the issue of a writ of mandamus directing the Union of India to issue necessary orders to the State of U.P., High Court, Allahabad and Accountant General III, U.P. Allahabad for paying cash equivalent of unutilised earned leave due to him on the date of his retirement and standing to his credit in his leave account for the full period of 360 days in terms of leave on half allowance or for 180 days in terms of leave on full allowance, under, Rule 20B of All India Services (Leave) Rules, 1956. He has further claimed relief for a direction to the Accountant General III to issue necessary pay/leave salary slip to him. 2. The petitioner was appointed as a permanent Judge of the Allahabad High Court on 17-11-1977 and on attaining the age of 62 years, he retired on 4-10-1983 after putting in actual service of 5 years and 9 months. 3. In the case of Union of India v. Gurna...
Tag this Judgment!Rafiq Ahmad Vs. Abdul Aziz and ors.
Court: Allahabad
Decided on: May-16-1986
Reported in: AIR1987All117
ORDERV.K. Mehrotra, J.1. Abdul Aziz, the first respondent in this petition under Article 226 of the Constitution, owns a shop in Bazar Kalluganj, Qasba Najiababad in district Bijnor. Petitioner Rafiq Ahmad is his tenant on a monthly rent of Rs. 100/-.2. Abdul Aziz got a notice under Section 106 T.P. Act, sent to Rafiq Ahmad purporting to , terminate his tenancy combining with it a demand for some amount which, he claimed, was due as arrears of rent and water tax. This notice was followed by Suit No. 156 of 1978 in the Court of Small Causes for recovery of the amount in arrears and for a decree for ejectment of Rafiq Ahmad from the shop.3. The suit was filed on May 9, 1978. It was fixed for July 20, 1979 but that date was adjourned to 17-8-1979. The Court was closed on 17-8-1979 as it was declared to be a holiday,being the last Friday of Ramzan. The suit was, however, taken up on 18-8-1979, that is, the next working day and decreed ex parte against Rafiq Ahmad.4. On 22-8-1979 an applica...
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