Allahabad Court January 1989 Judgments
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Onkar Chandra Pankaj Kumar Vs. Commr. of Sales Tax
Court: Allahabad
Decided on: Jan-31-1989
Reported in: 1989(25)LC273(Allahabad)
R.R. Misra, J.1. A copy of the order passed by the first appellate authority was served on the assessee on 24.6.1986. The assessee belongs to Pithoragarh. He had handed over the necessary papers to his counsel Sri Govind Singh Kanwar of Pithoragarh, who in turn passed on the papers to Sri Ramesh Chandra Taiyal, Advocate for filing second appeal before the Sales Tax Tribunal. I have heard learned Counsel for the parties. From a perusal of the impugned order passed by the Sales Tax Tribunal, it is clear that the Tribunal has rejected appeal of the assessee as barred by time because it was unable to pin-point as to because of which of the aforesaid counsels the appeal could not be filed in time. In the present set up in which the courts are working in India, it is adverse system where the parties generally appear through their Advocate. The obligation of the parties is to select his Advocate, brief him, pay the fee demanded by him and trust the learned Advocate to do the rest of things. A...
Sheetansu Srivastava Vs. Principal, Allahabad Agricultural Institute, ...
Court: Allahabad
Decided on: Jan-25-1989
Reported in: AIR1989All117
R.M. Sahai, J.1. Does the right to establish and administer a minority institution of their choice guaranteed under Article 30(1) of the Constitution extends to or includes the right to reserve seals for the students of minority community in a State financed or aided institution is the issue of some importance due to paucity of any judicial precedent on this aspect which has been described by American jurists as reverse discrimination. The issue has arisen as many students who appeared in the entrance test held for admission to B. Tech. and B.Sc. Agr.) by Allahabad Agricultural Institute, a premier and renowned institute of the country imparting education in agricultural science founded by an American Christiar Philonthrophist, Dr. Sam Higginbottom as far back as 1911, were denied admission even though they secured high percentage of marks in the competitive test held by the Institute due to admission policy of reserving 50% seats, for, B. Church sponsored students from the whole of co...
Raghavendra Mathur Vs. Allahabad Bank and ors.
Court: Allahabad
Decided on: Jan-25-1989
Reported in: [1989(59)FLR153]; (1990)ILLJ273All
S.H.A. Raza, J.1. This writ petition is directed against the impugned order dated 5th December, 1988 by means of which the petitioner who is employed as Clerk in Allahabad Bank, Lucknow was transferred to Allahabad Bank, Branch Gonda in a newly established branch of the said bank. The new grounds upon which the transfer has been passed are in contravention of Para 534 of the Shastri Award dealing with the transfer policy of transferring an employee working in the said bank as well as the guideline, dated June 11, 1988 on transfer job rotation of Award Staff adopted by the said bank.2. There is no dispute that banks are entitled to transfer its staff on the exigencies of the service from one particular branch to another and the Management is in the best position to judge how to transfer its staff between different branches, but it has to be seen whether the impugned order of transfer is in conformity with the policy regarding transfer which has been agreed upon by the parties and which ...
income-tax Officer Vs. Annapurna Construction Co.
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jan-24-1989
Reported in: (1990)34ITD372(All.)
1. This appeal by the assessee is directed against the order of the CIT( A) dated 30 March, 198 5, relating to the assessment year 1981-82.2. The only issue relates to the assess ability of Rs. 3,90,335, being the rent of 43 flats claimed to have been sold by the assessee to 43 persons. The brief facts giving rise to the present appeal are as follows : 3. The assessee firm carries on the business of constructing property and selling them to various parties. The assessee firm had obtained a plot of land belonging to Shri U.S. Halwasia and Shri B.P. Halwasia on lease. The lease rent is said to M/s Ganeshdas Ram Kumar at Rs. 11,300 per annum. The assessee firm started construction of certain flats over this land and invited applications from prospective purchasers. On receipt of such applications, the flats, which were under construction, were allotted to the prospective purchasers. The price of the flats was agreed to be paid in installments. The last installment of 10 per cent of the p...
Ram Karan Mal Vs. State
Court: Allahabad
Decided on: Jan-23-1989
Reported in: 1990CriLJ846
M.M. Lal, J. 1. These four criminal appeals have been filed against an order and judgment dated 31-5-1978 passed by Sri M. P. Tripathi, II Additional Distt. and Sessions Judge, Deoria by which he has convicted Dhruv Tewari Under Sections 148 and 302/149, I.P.C. and has sentenced him to undergo 3 years' R.I. and life imprisonment thereunder respectively, and has also convicted Ram Karan Mal, Diwakar Mani and Umesh Misra under Sections 147 and 302/149, I.P.C. and has sentenced each of them to undergo 2 years' R.I. and imprisonment for life thereunder respectively.2. There was some dispute in respect of a house between one Hardwar Gupta, his son Dhyan Chand and family members on one side and Sheo Ram Mani accused on the other on account of which there were strained relations between Dhyan Chand and Sheo Ram Mani accused. Sheo Shanker deceased was on friendly term with the said Dhyan Chand. Ram Karan Mal and Dhruv Tewari etc. were in the opposite camp.3. On 7th November, 1976 at about noon...
Zakir HusaIn Vs. State of U.P.
Court: Allahabad
Decided on: Jan-20-1989
Reported in: 1990CriLJ876
ORDERV.P. Mathur, J.1. Mr. Aditya Prakash Sharma, Judicial Magistrate (Railways), Moradabad, vide his order dated 18-2-1983 convicted the appellant Zakir Hussain of an offence under Section 379 I.P.C. and sentenced him to rigorous imprisonment for a period of six months.2. Criminal Appeal No. 85 of 1983 was preferred and came up for hearing before Mr. V. C. Jain, the then Sessions Judge of Moradabad, who dismissed it in toto, vide, his order dated 10-9-1984. Now the applicant-revisionist comes up to this Court through this revision, which has been admitted only on the point of sentence.3. The prosecution story in brief was that on 20-8-1978 at about 4-30 p.m. when the complainant Manna Singh was standing near the over-bridge staircase on platform No. 2 at Moradabad Railway Station and was waiting for the train bound for Gajraula, the applicant who was also standing near-by in the crowd, picked his pocket and tried to bring out a sum of Rs. 50/ - currency notes from the front shirt pock...
Commissioner of Income-tax Vs. Ram Prakash Agrawal
Court: Allahabad
Decided on: Jan-19-1989
Reported in: [1989]177ITR162(All)
1. Having heard learned counsel for the parties, we are of the opinion that a question of law does arise from the Tribunal's order dated August 21, 1988, but the question requires to be reframed. We, therefore, direct the Income-tax Appellate Tribunal to draw up a statement of the case, and refer the following question for the opinion of this court:'Whether, on the facts and circumstances of the case, the hon'bleTribunal was legally right in deleting the addition of Rs. 15,436 made bythe Income-tax Officer ?'2. The application is, accordingly, allowed....
Satish Chand Vs. Satya Prakash Vikal and ors.
Court: Allahabad
Decided on: Jan-18-1989
Reported in: AIR1989All101
ORDEROm Parkash, J.1. In this petition filed under Section 81 of the Representation of the People Act, 1951 (briefly the Act, 1951), the petitioner who unsuccessfully contested the election seeks a declaration that the election of the respondent No. 1 who was declared elected as member of the Legislative Assembly from 358 Agra East Assembly Constituency, Agra, be declared void and seeks additional declaration that he be declared duly elected member of the Legislative Assembly from the said constituency instead. The election of the respondent No. 1 is said to be void mainly on the grounds that the result of the election, in so far as it concerns the respondent No. 1, was materially affected by, wrongly transposing the entries in Form 20 from Form 16 Part II and thereby reducing the total number of the votes of the petitioner from those actually received by him. In para 34 of the petition, correctness of the counting has not been assailed. It is averred that the counting was properly don...
Ramendra Nath and Etc. Vs. Mandi Samiti, Sultanpur and anr., Etc.
Court: Allahabad
Decided on: Jan-18-1989
Reported in: AIR1989All154; [1989(59)FLR272]
U.C Srivastava, J. 1. These connected writ petitions came up for consideration before a Division Bench of this Court of which two of us were Members. At the time of hearing of these writ petitions, from the record which was produced, it was found that on the ground of issuing forged Gate-passes passed by the petitioners, a First Information Report was lodged on 19th December, 1979 by the Secretary, Mandi Samiti, Jaffarganj, Sultanpur, and the petitioners, who were employees of the Mandi Samiti, Sultanpur, were arrested and after three days were released on bail Ultimately the police submitted final report in the case. The petitioners were attached to Mandi Samiti, but salary was not paid to them although they applied for it. The Secretary, Mandi Samiti referred the matter to the Director of the Mandi Samiti and the director vide letter dated 27th November, 1979 directed the Mandi Samiti to terminate the services of such employees including the petitioners in term of Clause II of the ap...
Jayshree Distribution Piplani Katra and ors. Vs. Jayshree Tyres and Ru ...
Court: Allahabad
Decided on: Jan-18-1989
Reported in: AIR1989All158
ORDERM.P. Singh, J.1. This is a defendants revision against the order of the learned Civil Judge imposing certain conditions while allowing their application under Order 9, Rule 13, C.P.C.2. The plaintiff-opposite party 1 Jayshree Tyres and Rubber Products carries on the business of manufacture and sale of cycle, rickshaw tyres and tubes. The plaintiff supplied tyres and tubes to the defendant-applicants from time to time and an amount of Rs. 9 lacs and odd became due.3. By means of different letters the defendants have admitted the claim of the plaintiff so far as the principal amount is concerned but the rate of interest was disputed.4. Ultimately the matter was referred to the Arbitrator as mutually agreed upon between the parties on 9-6-1986. The Arbitrator gave an award on 30-8-1986 holding that the plaintiff was entitled for a sum of Rs. 9,09,926.26 paise as principal. Interest at the rate of 18% per annum shall be paid on the same from 15-2-1986 to the date of reference i.e. 26t...
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