Allahabad Court July 1989 Judgments
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National Textile Corporation Ltd. Vs. Inspecting Assistant Commissione ...
Court: Allahabad
Decided on: Jul-19-1989
Reported in: (1990)83CTR(All)38; [1990]181ITR351(All); [1989]47TAXMAN353(All)
1. This petition filed under Article 226 of the Constitution challenges the notice issued under Section 226(3) of the Income-tax Act by the Inspecting Assistant Commissioner of Income-tax, D-Range, Kanpur, calling upon the National Textile Corporation Limited, Kanpur, to pay a sum of Rs. 5,00,000 alleged to be due to the Department towards the income-tax dues from Swadeshi Cloth Dealers Limited, Kanpur.2. The case of the petitioner is that the sum of Rs. 5,00,000, which had been deposited by Swadeshi Cloth Dealers Limited as security money, had been adjusted as against the outstandings against them and that the National Textile Corporation Limited did not have any funds or money in its possession due to the Swadeshi Cloth Dealers Limited. The petitioner also challenged the validity of the notice issued under Section 226(3) of the Act on the ground that the tax due from Swadeshi Cloth Dealers Limited could be recovered by the Income-tax Department from the Central Government from the co...
Narendra Singh and ors. Vs. Dhappo
Court: Allahabad
Decided on: Jul-19-1989
Reported in: I(1990)ACC174; 1990ACJ625
N.N. Mithal, J. 1. This appeal purports to have been filed under Order 43, Rule 1 (d) read with Section 110D of the Motor Vehicles Act. None of the orders annexed with the memo of appeal is the award passed by the Motor Accidents Claims Tribunal. The only orders which have been annexed are the one passed on 5.4.1988 by which the court had directed the case to proceed ex parte against the appellants. The other order is dated 13.4.1989 by which the appellants' application for setting aside the ex parte award has been dismissed. None of these orders, therefore, will be covered by Section 110-D of the Motor Vehicles Act. Learned counsel submitted that the appeal lies under Order 43, Rule 1 (d). However, Order 43 has not been made applicable in proceedings under the Motor Vehicles Act. Rule 21 of the Motor Accidents Claims Tribunals Rules applicable in U.P. only makes Order 9, Rule 13 applicable to these proceedings. This does not include the provision of Order 43, Rule 1. In this view of t...
Nardeshwar Prasad Mishra Vs. Smt. Asha Saxena and ors.
Court: Allahabad
Decided on: Jul-19-1989
Reported in: II(1990)ACC99
N.N. Mithal, J.1. This is an appeal against the award given by the Motor Accident Claims Tribunal (Second Additional District Judge), Azamgarh allowing the application Under Section 110-A. and awarding a sum of Rs. 240,000/- by way of compensation against defendants 1 to 4. The main submission of the appellants is that they were not given proper opportunity to defend the matter before the Claims Tribunal and although and application was moved by the newly engaged counsel for adjournment on the ground that he could not prepare the case, the same was rejected and the court proceeded to decide the matter expaite.2. From the judgment, it is apparent that the claim petition was filed some time in 1985 and a lot of time was taken by the defendants in filing their written statements. Ultimately recording of evidence was commenced on 10.5.1989 when P.W. 1 was examined. Defendants 2 were present through counsel at the time of direct examination of the witness. An application was moved for adjou...
Benares State Bank Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jul-18-1989
Reported in: [1989]180ITR231(All); [1989]46TAXMAN238(All)
R.K. Gulati, J.1. These are two connected applications for the assessment year 1978-79, one arising out of proceedings under the Income-tax Act, 1961, and the other under the Interest-tax Act. By these applications, the assessee, Benares State Bank Ltd., has desired that the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, be directed to draw up a statement of the case and to refer certain questions, proposed in these applications for the opinion of this court. As common questions have been raised, we propose to dispose of both these applications by a common order.2. The assessee-bank, in the past, was maintaining its accounts on mercantile basis. In the immediately preceding year, relevant to the assessment year 1977-78, the assessee calculated the accrued interest on what is called 'sticky advances' and instead of taking the same to the profit and loss account, such interest was kept in a separate account which was, however, brought to tax in the hands of the assessee. In t...
Ram Chandra Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-18-1989
Reported in: 1989CriLJ2450
S.C. Mathur, J.1. The petitioner who is undergoing sentence of life imprisonment has directed this petition against rejection of his application for release on licence under Section 2 of the U. P. Prisoners' Release on Probation Act 1938 (U. P. Act No. 8 of 1938).2. From the averments made in the | counter-affidavit it appears that till 16th September 1985, the petitioner had undergone actual sentence of 7 years and 23 days only and with remission he had undergone sentence of 10 years and one day. The reason for rejection of the petitioner's application for release has been reproduced in paragraph-6 of the counter affidavit. It is stated in the State Government's order that the petitioner was armed with a sharp edged weapon at the time of the commission of the crime and that till 18th December 1985 he had undergone sentence of 7 years only and since he was aged about 30 years only it could not be inferred that the petitioner will lead a peaceful life.3. The learned Counsel for the peti...
Surendra Kumar and Another Vs. Rajendra Kumar Agarwal
Court: Allahabad
Decided on: Jul-17-1989
Reported in: AIR1990All49
ORDER1. Being aggrieved by the judgment and order dated 29-11-1988 decreeing the suit for eviction and for the recovery of Rs. 3010/- as arrears of rent besides Rs. 1035/-mesne profits up to the date of filing of suit and for pendente lite and furture mesne profit at the rate of Rs. 15/- per day, the applicant (tenant) has preferred this revision.2. When this revision was listed for admission on 2-3-1989 after hearing the learned counsel for the applicant Sri Rajesh Tandon for the first time, it was directed to be listed as part heard on 9-3-1989. On 13-3-1989 the learned counsel for the applicants was permitted to serve the respondent and their dispossession was stayed till 13-4-1989.3. Later on Sri Ranjeet Saxena appeared for the Opp. Party.4. A counter affidavit was filed on 28-4-1989. On that date learned counsel for the applicants Sri Rajes Tandon and Sri Ranjeet Saxena for the opposite party submitted thatinstead of disposing of the stay matter the revision be disposed of finally...
Roop Kishore Vs. State of U.P.
Court: Allahabad
Decided on: Jul-13-1989
Reported in: 1989CriLJ2326
ORDERS.R. Bhargava, J.1. These two matters have arisen from a common order and are being disposed of by this judgment.2. A written complaint was made to the Chief Minister, U. P. that with the collusion of officials of Co-operative Bodies, U. P. Kargha Nigam and U.P.Z.C., Kanpur, a racket for diverting Janta Dhoties for sale in black market in operating and Janta Dhotis and controlled cloth valued at Rs. 50,000/- in each truck is being transported by big businessmen to Mathura. It was specifically alleged in this complaint that if bleaching plant of Roop Kishore of Mathura and other bleaching plants in Mathura are raided, considerable Janta Dhotis and cloth can be seized and corruption can be removed. Reminder of the complaint was sent and some details about outlets of transport and diversion were mentioned. Matter was entrusted to C.B.C.I.D., U. P. On 23-5-1989 Roop Kishore and one Yad Ram were arrested and their bleaching plants at Mathura were raided. From their plants bales of clot...
Sharda Devi and ors. Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-11-1989
Reported in: I(1990)ACC194
N.N. Mithal, J.1. This is an appeal against the decision of the Motor Accident Claims Tribunal, Bulandshahr dismissing the claim petition on the ground that the claimant had failed to establish that the accident was caused by Jeep No. U.P.P. 5330.'2. After having heared learned Counsel for the appellant we find that according to the case established by the appellant the deceased, who was about 22 years' age, along with his student friends, was going in Bus No. UTW 7271 from Etawah to Delhi to see an exhibition. On their way, a few Kilometers before Bulandshahr, they stopped the Bus so that the students may take tea at a tea shop which was on the north side of the road. The students were taking tea in batches. It is also established that while the deceased was crossing the road in order to reach the said shop he was hit by a vehicle coming at fast speed from Sikandarabad side. The vehicle-after causing serious injuries to the deceased went towards Bulandshahr. He was taken to the hospit...
Krishna Utensils, Rampur Vs. State Financial Corporation and ors.
Court: Allahabad
Decided on: Jul-10-1989
Reported in: AIR1989All226
Amarendra Nath Verma, J.1. A difference of opinion between two Division Benches of this Court as to the effect of Sec. 32-G inserted by the State Financial Corporation (Amendment) Act, 1985 (No. 43 of 1985) in the State Financial Corporations Act, 1951, on the continued validity of the U.P. Public Moneys (Recovery of Dues) Act (hereinafter referred to as the 'State Act') in its application to the dues of the U.P. State Financial Corporation, has led to the reference of this case to us.2. In a bunch of (Writ Petns. Nos. 9476 of 1986, 14797 of 1987 and 15437 of 1987) disposed of by a Division Bench of this Court by its judgment dated November 3, 1987, it was held that Section 3 of the State Act was repugnant to Act No. 43 of 1985 (hereinafter referred to as the 'Central Act') and was, therefore, void and inoperative in its application to the recovery of dues of the U.P. State Financial Corporation. In Messrs. Krishna Utensils v. U.P. State Financial Corporation and others (Writ Petn. No....
Ram Swaroop Vs. State
Court: Allahabad
Decided on: Jul-07-1989
Reported in: 1989CriLJ2435
Virendra Kumar, J.1. This is an appeal by convict Ram Swaroop against the judgment dt. 30-4-82 convicting him under Sections 376, 366 and 363, I.P.C. and sentencing him to R.I. for 4 years, 3 years and 2 years respectively. The sentences were to run concurrently.2. Prosecution case is stated briefly. Km. Munni prosecutrix aged about 14 years lived with her mother, Ram Kali in village Pataura Sakinpur P.S. Kakori, district Lucknow. The appellant who happened to be the maternal uncle of Km. Munni by way of distant relationship, used to visit the house of Ram Kali. On 21-2-78 at about 11 a.m. the appellant took away Munni on the pretext of taking her to the place of marriage of his sister's daughter. Ram Kali was away from her house in connection with the earning of her livelihood. Thus, Munni was kidnapped with intention to commit illicit intercourse with her. Ram Kali returned home at about 4-00 p.m. She found Munni absent and suspected the appellant. She lodged First Information Report...
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