Allahabad Court December 1990 Judgments
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National Textile Corporation (U.P.) Ltd. Unit : Swadeshi Cotton Mills ...
Court: Allahabad
Decided on: Dec-12-1990
Reported in: [1991(62)FLR583]; (1995)IIILLJ738All
R.A. Sharma, J1. The workman, respondent No. 3, who was employed in February, 1972, as a Junior Clerk in the petitioner's mill raised a dispute about his designation and pay which was referred by the Government to the Labour Court I, Kanpur. The Labour Court has given the award in favour of the workman and has directed thereby for giving designation and pay of Travelling Salesman to the workman. It is against this Award that the petitioner has filled this writ petition.2. Learned Counsel for the petitioner has argued that by the impugned Award Labour Court has promoted the workman, which is managerial function and as such the award of the Labour Court is without jurisdiction. In this connection the learned counsel has relied upon two decisions of the Hon'ble Supreme Court in Management of Brook Bond India Ltd. v. Their Workman = 1966 (1) LLJ 402 and Hindustan Lever v. Their Workmen. 1974 I LLJ 94. In support of his argument the learned counsel has invited my attention to the Channel of...
Lodai and anr. Vs. the State
Court: Allahabad
Decided on: Dec-12-1990
Reported in: 1991CriLJ1878
R.K. Saksena, J.1. The appellants, Lodai and Girja, sons of Kalu, residents of village Pura Gaderia, police station Koraon, District Allahabad, stand convicted Under Section 302 of the penal Code with the aid of Section 34 there of, for committing the murder of their real uncle, Lallu, aged about 55 years, on the 22nd of May, 1977 at about 5-30 a.m. at a distance of about 200 yards from his house, which is in close proximity to the houses of the accused-appellants, by inflicting injuries with Kulhari and lathi, as a consequence where of his death was immediate. Each has, therefore, been sentenced to suffer imprisonment for life, per judgment and order dated the 11th of Sept. 1978, passed by Sri M. L. Singhal, the then Additional Sessions judge, Allahabad.2. The appellants had a real brother, Batai, who died about two years before the incident under consideration, leaving behind his wife, Mst. Itwari, who had some agricultural land also. Second marriage in the Biradari to which the appe...
Devendra Singh Vs. Bhole Ram
Court: Allahabad
Decided on: Dec-11-1990
Reported in: AIR1991All157
ORDER1. This revision was presented on 10th May, 1990 with an application under Sec. 5 of Limitation Act. The Court was pleased to issue notice on the application under Sec. 5 of the Limitation Act. The plaintiff/respondent has been served. He has filed counter affidavit. A rejoinder affidavit has also been filed on behalf of the applicant to the said counter affidavit. After considering the cause shown in the application, it appears that the cause shown is sufficient.2. In the circumstances, the delay was condoned by me just yesterday on 10-12-90. The revision itself was heard partly yesterday and is being taken up today. The counsel for the respondent is not present in the court.3. Two preliminary issues, issues Nos.9 and 10 were decided b'v the court below which related to the question whether by allowing the amendment in the valuation clause of the plaint the pecuniary jurisdiction of the court below would change or not. The court below recorded clear finding to the effect that the...
Nagar Swasthi Adhikari Vs. Ajab Singh and ors.
Court: Allahabad
Decided on: Dec-11-1990
Reported in: 1991CriLJ1475
G.D. Dube, J.1. This appeal has been preferred against the judgment and order of Manrakhan Lal, Sub-Divisional Magistrate, Kiraoli, District Agra acquitting the respondents of the charge Under Section 7/16, Prevention of Food Adulteration Act (hereinafter referred to as Act).2. The allegations against the respondents were that a sample of milk was taken from him on 22-2-1972. 18 drops of 40% formalin were added to each part of sample of the milk. The sample was sent to Public Analyst. It was found to be adulterated to the effect that it contains less non-fatty solids. The public analyst had reported that no change had taken place in the constituents of milk. The learned Magistrate had heard the witnesses of both the sides. The respondents had pleaded not guilty. The learned Magistrate had considered the sample unworthy unless it contained 0.1 ml. formalin per 2.5 ml sample. The learned Magistrate had relied upon a copy of judgment in Criminal Appeal No. 2688 of 1971, Nagar Swasthya Adh...
Jarawar Singh and ors. Vs. the State
Court: Allahabad
Decided on: Dec-11-1990
Reported in: 1991CriLJ1806
G.D. Dube, J.1. This appeal has arisen against the judgment and order of First Additional Sessions Judge. Bulandshahr, holding the appellants guilty of the offences punishable under Sections 399 and 402, I.P.C. Along with these appellants one Man Singh was also convicted and sentenced of the offences Under Sections 399 and 402, I.P.C. He was also sentenced to one year's R.I. under Section 25, Arms Act. It transpires that all the five accused were tried in respect of an offence allegedly committed between 31st July and Ist of August, 1974 in the Dharamshala. There were five sessions trials. The convicted accused Man Singh had preferred Criminal Appeal No. 543 of 1979. The remaining had preferred present Criminal Appeal No. 515 of 1979.2. It appears that Criminal Appeal No. 543 of 1979 was heard by Hon'ble O. P. Mehrotra, J. By his judgment dated 11-12-1986 Hon'ble Mehrotra, J. had allowed the appeal and set aside the conviction and sentence of appellant Man Singh, Hon'ble Mehrotra, J. h...
Nagar Swasth Adhikari, Nagar Mahapalika Vs. Ram Ratan
Court: Allahabad
Decided on: Dec-11-1990
Reported in: 1991CriLJ1805
G.D. Dube, J.1. This appeal has been preferred against the judgment and order of the Additional Chief Judicial Magistrate, Agra, acquitting the appellant of the charge under Section 7/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act).2. The list has been revised. None has appeared for the respondent.3. Sample of Linseed Oil was allegedly taken from the respondent's possession. The evidence of the Food Inspector was that one container for measurement was dipped thrice in the can containing the oil and the sample phials were filled. The learned Magistrate came to the conclusion that this was not a proper compliance of Section 11 of the Act. Consequently, he acquitted the appellant of the aforesaid charge.4. Learned counsel for Nagar Swastha Adhikari (appellant) has cited a case in Bankey v. State, 1979 Prevention of Food Adulteration cases 319. It was urged that as long as the sample is taken by taking out the sample three times from the same container, then ...
Commissioner of Wealth-tax Vs. P.N. Mehta
Court: Allahabad
Decided on: Dec-10-1990
Reported in: [1991]191ITR248(All)
1. We have seen the order of the Tribunal. We have also seen the application made by the Revenue under Section 27(1) and the order of the Tribunal rejecting that application. We are of the opinion that the followingthree questions of law, as suggested, do hereby arise out of the order ofthe Tribunal: '1. Whether, on the facts/and in the circumstances of the case, the Income-tax Appellate Tribunal was justified, in law, in excusing the delay in filing the return for the assessment year 1972-73 when the application for extension of time was rejected by the Assessing Officer and the assessee was intimated accordingly ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in directing to condone the period of delayfor the penalty under Section 18(1)(a) for the assessment year 1973-74 from the date of the filing of the return for 1972 73 and for the penalty under Section 18(1)(a) for the assessment years 1974-75 to 1980-81 with effect from Septe...
Commissioner of Income-tax Vs. Madho Lal Sua Lal
Court: Allahabad
Decided on: Dec-10-1990
Reported in: [1991]189ITR418(All)
B.P. Jeevan Reddy, C.J.1. The question referred under Section 256(1) of the Income-tax Act, 1961, by the Tribunal reads thus :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the expenditure incurred inproviding food to the assessee's customers could not be disallowed as entertainment expenditure under Section 37(2B) of the Income-tax Act, 1961 ?'It may be noticed that the question is confined to the expenditure incurred in providing food to the assessee's customers. The question does not pertain to the expenditure incurred in providing food or other items to the staff of the assessee. The question as referred is concluded against the assessee by a decision of this court in Phool Chand Gajanand v. CIT [1989] 177 ITR 265. Following the said decision, the question referred is answered in the negative, i.e., in favour of the Revenue and against the assessee.2. It is, however, made clear that if any amount is spent on providing f...
Commissioner of Income-tax Vs. Jananamandal Ltd.
Court: Allahabad
Decided on: Dec-10-1990
Reported in: [1991]189ITR652(All)
B.P. Jeevan Reddy, C.J. 1. The following questions were referred under Section 256(1) of the Income-tax Act, 1961 :'(i) Whether, on the facts and in the circumstances of the case, there was material on record justifying the Tribunal's finding that the assessee-company was maintaining cash system of accounting (ii) Whether, on the facts and in the circumstances of the case, the method of accounting employed by the assessee is that true income for the assessment year 1974-75 could be properly deduced therefrom without adding to the assessee's total income a sum of Rs. 92,939 being excess of closing balance of bills receivable over the opening balance of the same ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the method of accounting followed by the assessee was cash system having regard to the fact that expenses for gratuity which had not been actually paid were claimed as deductible in the account books ? (iv) Having held that...
Commissioner of Income-tax Vs. Baldeo Prasad Gupta and Sons
Court: Allahabad
Decided on: Dec-10-1990
Reported in: [1991]189ITR659(All)
1. The Revenue has asked for directing the Tribunal to state the following third question :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that provisions of Section 43B of the Income-tax Act, 1961, are not applicable although the payment has been made after the close of the accounting year ?'2. The Tribunal has referred the two questions but not the third question. On a reading of the orders of the Tribunal, we are of the opinion that the third question is but an aspect of the same issue involved in the question referred, namely, the applicability of Section 43B of the Income-tax Act. It is but appropriate for the sake of completeness that the third question is also to be referred. The income-tax appeal is accordingly allowed.3. No costs....
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