Allahabad Court May 1988 Judgments
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M.C. Desai and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-13-1988
Reported in: AIR1988All283
Anshuman Singh, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for issue of writ in the nature of (i) mandamus directing the respondents to compute and determine the death-cum-retirement gratuity payable to an officer of the rank of Secretary to the U.P. State Government of the Indian Administrative Service at the time of retirement of the petitioners; (ii) certiorari quashing Para III of the impugned letter No. 24/43/83/-Jus. dated October 19, issued by the Government of IndiaMinistry Of Law and Justice, Department of Justice, (annexure '2' to the writ petition); (iii) mandamus directing the respondents to pay ad hoc relief to the petitioners and restraining them from asking the petitioners to refund the ad hoc relief paid to them; and (iv) mandamus directing the respondents to pay petitioners 8 and 9 the difference of pension at the rate of Rs. 100/- per mensem. 2. The facts giving rise to the instant writ petition, which are...
Girraj Kishore Vs. Dr. Trilokinath Vimal
Court: Allahabad
Decided on: May-13-1988
Reported in: AIR1988All305
N.N. Mithal, J. 1. This is tenant's second appeal, Courts below having rendered non-concurrent judgments. At the stage of admission itself parties have exchanged counter and rejoinder affidavits and it was urged that since the only question involved in the appeal was about the validity of the notice the same may be disposed of at this very stage. In view of this the parties were heard on merits as well.2. To have a hang of the dispute between the parties it will be better to comprehend the relevant facts. The plaintiff claiming to be the owner of an open piece of land claimed that the defendant was his tenant. A notice under Section 106 of the Transfer of Property Act was served whereupon the suit was filed for his eviction. The suit was resisted by the tenant on several grounds but the main ground was that the defendant was continuing as tenant from the time of the plaintiffs father. It was also contended that Keshav Dev and Jagannath were the real owners of the property and since all...
Himalaya Textile Corporation, Ganjundwara Vs. U.P. State Finance Corpo ...
Court: Allahabad
Decided on: May-13-1988
Reported in: AIR1989All85
ORDER1. The petitioner took a loan from the U. P. Finance Corporation (hereinafter referred to as the Corporation). Proceedings were initiated by the Corporation for the recovery of the loan. The petitioner approached this Court with a writ petition under Article 226 of the Constitution. In that petition a direction was given to the Corporation to dispose of the representation already made by the petitioner with speaking order. A further direction was given that till the representation was disposed of recovery by adopting coercive process shall not be resorted to. The representation has been rejected. The petitioner has again approached this Court with a writ petition.2. In main, two prayers have been made. The first is : the respondents should be commanded to dispose of the representation dated 29th April, 1985, of the petitioner in accordance with law. The second is that the respondents may be commanded to fulfil all the obligations contained in the agreement on the basis of which lo...
Panchi Petha Stores and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-12-1988
Reported in: [1990]76STC132(All)
V.K. Khanna, J.1. The only grievance, which has been raised in this writ petition is that the assessment proceedings for the years 1984-85 to 1986-87 pending before the Sales Tax Officer, sector 10, Agra, respondent No. 2, are being completed without disposing of the application moved by the petitioner for summoning the documents in connection with a raid which had been conducted at the premises of the petitioner on 24th February, 1987.2. It has been alleged in the petition that under the orders of the Commissioner of Income-tax, the department is going to retain these documents till 31st December, 1988, and thus the documents which are relevant for the purpose of the assessment proceedings pertaining to the years 1984-85 to 1986-87 cannot be made available to the petitioner and thus the petitioner is not in a position to represent his case before the Sales Tax Officer.3. At the admission stage, we have heard the Standing Counsel appearing for the respondents and as the question involv...
Haridev Misra Vs. Vth Additional District Judge, Gorakhpur and ors.
Court: Allahabad
Decided on: May-11-1988
Reported in: AIR1988All295
ORDERS.D. Agarwala, J.1. This is a petition under Article 226 of the Constitution of India arising out of a Suit No. 285 of 1981 by Jamuna Dass Agrawal, respondent No. 2, and Smt. Ketki Devi, respondent No. 3, against the petitioner, for arrears of rent and damages and for ejectment from the premises in dispute.2. The property in dispute is a house, situate in Mohalla Ali Nagar South in the district of Gorakhpur. This is a second innings of this Court. The matter had earlier come to this Court by means of a writ petition No. 8889 of 1984, decided on 29th August, 1984, by which the order of the revisional Court was quashed and the revisional Court was directed to rehear the revision within three months of the receipt of the judgment of this Court3. The suit was filed on the allegations, that the petitioner is a tenant in the first floor of the house in dispute. It was alleged that the petitioner was a tenant on a monthly rental of Rs. 70/- and he was further liable to pay Rs. 3/- as wat...
Parma Nand Singh Vs. District Judge, Mirzapur and ors.
Court: Allahabad
Decided on: May-10-1988
Reported in: AIR1988All264
K.P. Singh, J.1. This writ petition has been preferred by the petitioner against the judgment of the Distt. Judge, Mirzapur dt. 12-1-1987 in Miscellaneous Case No. 78 of 1985, Parma Nand Singh v. Union of India and the Defence Estate Officer, whereby the petitioner's application for condonation of delay under Section 5 of the Limitation Act in preferring the appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 has been dismissed and ultimately the appeal has also been dismissed as barred by time.2. The Learned counsel for the petitioner has contended before us that the appellate Court has patently erred in dismissing the application for condonation of delay under Section 5 of the Limitation Act. According to him the learned Judge has wrongly observed that no provision for definite mode of publication was provided under the Act or the Rules framed thereunder. Therefore, he has arrived at a patently erroneous conclusion. In this connection our atte...
Smt. Laxmi Devi Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-10-1988
Reported in: AIR1989All90
Anshuman Singh, J. 1. This petition was originally filed by Smt. Laxmi Devi widow of late Sri Bishambhar Dayal, retired Chief Justice of Madhya Pradesh High Court who died on 24-1-1988 leaving behind her son Sri Bhupeshwar Dayal, as her heir and legal representative and after her death the name of Mr. Bhupeshwar Dayal has been substituted in place of Smt. Laxmi Devi wife of late Sri Bishambhar Dayal, as petitioner in this case by order dated 24-3-1988. 2. Facts giving rise to this petition briefly stated are that Sri Bishambhar Dayal, was appointed as a Judge of the Allahabad High Court on 6th May 1957 and was appointed Chief Justice of the Madhya Pradesh High Court on 19th Mar. 1969. After working as Chief Justice for more than three years he retired on 14th Sept., 1972. 3. In the year 1977 he was appointed as Lok Ayukt of Uttar Pradesh for a period of five years. He completed his five years tenure as Lok Ayukt in Sept., 1982 and it was on 19th Feb., 1987 that he left for heavenly abo...
Commissioner of Income-tax Vs. Nitro Phosphetic Fertilizer.
Court: Allahabad
Decided on: May-09-1988
Reported in: (1988)72CTR(All)114; [1988]174ITR269(All)
K. C. AGRAWAL J. (for himself and V. K. MEHROTRA J.) -This is a reference at the instance of Revenue and relates to the assessment years 1971-72 and 1972-73. R. N. Mehra was one of the partners of the respondent-assessee, Messrs Nitro Phosphetic Fertilizer, Lucknow. He joined the partnership representing the Hindu undivided family of which he was the karta.In the books of account of the firm, there was a capital account for the Hindu undivided family and a deposit in the name of R. N. Mehra, individual. On the deposit in this account, the firm paid interest to the individual and the same was claimed as a deduction in the profit and loss account. The amounts of interest paid were as under :Assessment yearAmount of interest1971-72Rs. 8,4001972-73Rs. 9,120The assessees contention was that since the status of R. N. Mehra, depositor, was different from the status of R. N. Mehra (HUF), partner, it was entitled to deduct the interest paid to R. N. Mehra in his individual capacity. The Income-...
Shubham Fabrics Vs. Inspecting Assistant Commissioner of Income-tax an ...
Court: Allahabad
Decided on: May-09-1988
Reported in: (1988)73CTR(All)216; [1988]174ITR502(All)
OM PRAKASH J. - The petitioner in this writ petition prays for quashing the notice dated February 16, 1988, issued under section 148 of the Income-tax Act, 1961 (briefly 'the Act, 1961'), the notice dated February 8. 1988, issued under section 186 of the Act and directions issued by the Inspecting Assistant Commissioner, 'C' Range, Kanpur, under section 144A of the Act, which are annexures '2', '1' and '6', respectively, to the writ petition.The brief facts are that the firm, Shubham Fabrics, Swarup Nagar, Kanpur, engaged in the business of manufacturing, processing, dyeing, bleaching, printing ready-made or semi ready-made garments and having allied business, came into existence in the assessment year 1985-86 and the same obtained registration. As there was a change in the constitution of the said firm in the assessment year 1986-87, which is relevant to the instant writ petition, inasmuch as four partners, two of them representing their Hindu undivided families and the remaining two ...
Munesh Kumar Agnihotri and ors. Vs. Lalli Prasad Gupta Since Deceased ...
Court: Allahabad
Decided on: May-05-1988
Reported in: AIR1989All202
Om Prakash, J. 1. This is a second appeal against the judgment and decree dated 30th March, 1984 passed by learned III Additional District and Sessions Judge, Varanasi. 2. Brief facts are that one Sri Govind Prasad died in the year 1937. Radhika Prasad, Debi Ratan, Parmeshwari Deen, Shitla Prasad Agnihotri (respondent 3) and Prem Shanker Agnihotri (respondent 4) are the sons of Sri Govind Prasad. The appellants are the sons of Sri Prem Shanker Agnihotri (respondent 4). The case of the appellants is that Radhika Prasad, Debi Ratan, Parmeshwari Deen and Shitla Prasad (respondent 3) separated from their father Govind Prasad in his lifetime and after this separation, the joint family of Govind Prasad consisted of himself, his widow and his son Sri Prem Shanker Agnihotri (respondent 4), Sri Prem Shanker Agnihotri was minor, when Sri Govind Prasad died. The father of the appellants carried on the job of Munim with a meagre earning for some yearsand in the year 1952 he started business styled...
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