Allahabad Court April 1991 Judgments
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Satish Chand Singhal and anr. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Apr-11-1991
Reported in: [1992]74CompCas796(All); [1992]196ITR227(All)
R.K. Gulati, J.1. The first petitioner, Satish Chand Singhal, is the managing director of the second petitioner, Cawnpore Chemical Works Pvt. Ltd. The petitioners have sought a writ of mandamus against the second respondents, the Assistant Commissioner of Income-tax (Central), Circle-25, New Delhi, with a direction to grant refunds to the second petitioner, which were due to it consequent to certain orders passed in its case for certain assessment years and for which a writ petition was also filed earlier in this court. The other complaint is that the respondents were not legally justified in adjusting the refunds due to the second petitioner against the individual demands of the first petitioner, which fell due against him because of the protective assessment orders for the assessment years 1984-85 and 1985-86 and, thus, the refunds are wrongly being withheld.2. Having heard learned counsel for the parties, in our opinion, the writ petition is liable to be rejected summarily.3. It app...
Laxman Pd. Agarwal Vs. K.P. Singh and ors.
Court: Allahabad
Decided on: Apr-11-1991
Reported in: 1991CriLJ2834
S.K. Dhaon, J.1. These four petitions are inter-related. They relate to the office of the President of the Municipal Board, Moradabad (hereinafter referred to as the Board). In the three writ petitions Sri Laksh-man Prasad Agarwal (hereinafter referred to as Shri Agarwal), who claims himself to be the duly elected President of the Board, is the petitioner. In the contempt case Sri Agarwal is the sole opposite party, and the allegation is that he has wilfully disobeyed the interim order passed by this Court in Writ Petition No. 15963 of 1990, which was passed at his instance. It will be convenient to dispose of the three writ petitions and the contempt petition by a common judgment.2. On 26th May, 1990, the District Magistrate, Moradabad issued a notice stating therein that a meeting of the Board will be held in the office of the Board on 4th June, 1990 at 11.00 a.m. to be presided over by Sri K.P. Singh, Civil Judge, Moradabad, to consider the motion of no-confidence against the Presid...
Laxmi Ratan Cotton Mills Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-11-1991
Reported in: 1992(40)LC450(Allahabad)
ORDERB.P. Jeevan Reddy, C.J.1. The main grievance of the petitioner is that though it filed an appeal along with the stay petition on 15.11.1990 against the order of adjudication dated 31.7.1990, no orders have been passed so far either on the appeal or on the stay petition. We cannot say that the appeal ought to have been disposed of within this short time but we are of the opinion that some orders ought to have been passed on the stay petition, particularly when proceedings for recovery of the disputed duty are said to be proceeding ahead against the petitioner. We direct that the appellate authority (or the Incharge of that Office, as the case may be) shall dispose of the stay petition within a period of two months from the date of production of a certified copy of this order shall be produced by the petitioner before the appellate authority within one week from today. If it is so produced, the recovery of the disputed duty and penalty in pursuance of the order of adjudication afore...
Commissioner of Income-tax Vs. J.K. Charitable Trust
Court: Allahabad
Decided on: Apr-09-1991
Reported in: [1992]196ITR31(All)
B.P. Jeevan Reddy, C.J. 1. In this reference made under Section 256(1) of the Income-tax Act, 1961, as many as eleven questions are stated, eight at the instance of the Revenue and three at the instance of the assessee. The questions referred at the instance of the Revenue are :'1. Whether, on the facts and in the circumstances of the case and on the input of the provisions of Sections 144A and 144B of the Income-tax Act, 1961, the Inspecting Assistant Commissioner was not competent to give directions to the Income-tax Officer in the manner he did ? 2. Whether, on the facts and in the circumstances of the case, the object Clause 2(h) of the deed of trust dated January 24,1944, is of charitable nature ? 3. Whether, on the facts and in the circumstances of the case, the donations made to other charitable trusts would be hit by the provisions of Section 11(3) of the Income-tax Act, 1961 ? 4. Whether, on the facts and in the circumstances of the case, the authors of the trust and/or its tr...
Kalika Prasad Vs. State
Court: Allahabad
Decided on: Apr-09-1991
Reported in: 1991CriLJ2516
1. Kalika Prasad has filed this appeal against his conviction Under Section 302, IPC. and sentence of Life Imprisonment as passed by the II Addl. Sessions Judge Nainital on 3-1-1983 in Sessions Trial No. 196 of 1981. The charge against the appellant was that sometimes in the morning of 24th March, 1981 at the Jhuggi of 'A' Charge Area of Kashipur Civil Exchange 78, R.P.S. & E, Hempur, P.S. Kashipur, district Nainital, he committed murder by intentionally causing death of Km. Savitri Devi by causing an axe injury on her head and thereby committed an offence punishable Under Section 302, IPC.2. The present case is dependent upon circumstantial evidence, therefore, it has to be seen whether all the circumstances sought to be proved have been actually proved or not and then cumulatively those circumstances point out the only hypothesis of the appellant committing the murder or not.3. Km. Savitri was the daughter of appellant's wife's sister. She has been coming to the house of her aunt (Ma...
Chhedi and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-09-1991
Reported in: 1991CriLJ3017
ORDERB.P. Singh, J.1. Chhedi and others have filed this application for revision against the order dated 31st January, 1989, passed by Additional Chief Judicial Magistrate, Varanasi, in Criminal Case No. 2889 of 1988 (Badrun Bibi v. Chhedi) Under Section 395, IPC summoning the applicant-revisionists for the offence under Section 395, IPC.2. An occurrence took place on 14th September, 1988, at about 11 p.m. in which the applicant-revisionists from one side and Chhedi and others on the other were said to have been involved. An FIR of the occurrence was lodged by Haneef at P.S. Rohania on 15-9-1988 at 7-20 p.m. Under Section 323/504 against Umar and others. Regarding the same occurrence another FIR was lodged by Smt. Badrun Bibi (Respondent No. 2) against the applicants Under Section 323/504, IPC.3. On 17th September, 1988, Smt. Badrun Bibi moved an application before the Additional Chief Judicial Magistrate, Varanasi, Under Section 156(3), Cr. P.C. praying that Police of P.S. Rohania be ...
Shyam Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-09-1991
Reported in: 1992CriLJ1632
H.C. Mital, J.1. Of the above named appellants Satishpal, Vir Mahendra, Ramphal and Sri Pal are sons of appellant Shyam Singh. Gajendra is grand son of Shyam Singh. Appellant Babu Ram is son of appellant Ranvir. All these appellants have been convicted and sentencecd under Section 302 and 307 read with Section 149, I.P.C. to life imprisonment and four years rigorous imprisonment each. Among these appellants Shyam Singh, Satishpal, Ramphal and Gajendra have further been convicted under Section 147, I.P.C. and sentenced to one year rigorous imprisonment while appellants Ranvir, Vir Mahendra, Sripal and Babu Ram have been convicted and sentenced under Section 148, I.P.C. to two years rigorous imprisonment each by Sri D.L. Soni, the then Special Sessions Judge, Ghaziabad on 10-6-1983.2. The prosecution case in brief is that on 22-2-81 at about 12 in the noon when Lal Singh deceased along with his son Dilip Singh and First informant Satendra were working in their sugar-cane field and Mahara...
Ram Chandra (Deceased L.Rs.) and Others Vs. Ixth Additional District J ...
Court: Allahabad
Decided on: Apr-09-1991
Reported in: AIR1991All223
ORDER1. An ex parte decree for ejectment came to be passed against the petitioner-tenant on 14-3-84 by the trial Court. On 3-7-84 the petitioner filed an application under 0.9, R. 13, C.P.C. for setting aside the ex parte decree dated 14-3-84. The application of the petitioner for setting aside the ex parte decree has been rejected by the Court below. The petitioner challenges the said order through the medium of this writ petition.2. It is averred by respondent No. 3 that the arrears of rent were claimed in the suit from 1-4-83 to 15-9-83 at the rate of Rs. 32/-per month. The property seems to have been purchased by the respondent No. 3 on 30-3-83 Total rent from the date it fell due to the date of institution of the application under 0.9, R. 13, C.P.C. comes to Rs.484/-. The petitioner is said to have deposited Rs. 271 / -only. The petitioner is said to have deposited Rs. 1,228/- under S. 30 of the U.P. UrbanBuildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter ...
Chandrapal Vs. Harpyari and ors.
Court: Allahabad
Decided on: Apr-08-1991
Reported in: 1991CriLJ2847; II(1991)DMC481
S.R. Bhargava, J.1. This rivision, arising from proceedings under Section 125 Cr.P.C. is being disposed of finally at admission stage after notice to opposite parties.2. Revisionist Chandrapal and opposite party No. 1 Smt. Harpyari are husband and wife. Wife filed application under Section 125 Cr.P.C. against the husband claiming maintenance of Rs. 500/- per month with the allegations of second marriage of the husband; of cruelty; and desertion and neglect. She asserted that the husband has been pradhan of the village. He has cultivable land, and bussiness of grain, in all having income of Rs. 5000/- per month. Husband resisted the application and came out with case of denial. He pleaded that the wife went away with her cousin and has been living in adultery. He offered to keep the wife.3. Learned Magistrate accepted the grounds alleged by the wife and disbelieved the case of the husband that the wife has been living in adultry. He narrated the evidence adduced by the wife. He said tha...
State of U.P. Vs. Akhtar
Court: Allahabad
Decided on: Apr-08-1991
Reported in: 1992CriLJ204
Palok Basu, J.1. The State of U. P. has preferred this appeal against the order of the Sessions Judge Rampur dated 20-11-1978 where by he had upheld the conviction of the respondent-Akhtar under Sections 7/16 of the Prevention of Food Adulteration Act but reduced the sentence from one year R.I. to imprisonment till rising of the Court and reduced the fine of Rs. 2000/- to that of Rs. 100/- only.2. Sri Jagdish Tewari, learned A.G.A. has been heard in support of this appeal where as Sri I. H. Khan learned counsel appearing for the respondent has been heard on behalf of the accused. The entire record has been perused. Sri Tewari being conscious of the fact that the respondent-Akhtar was tried for alleged taking of sample on 18-7-1975 addressed the Court mainly on the question of sentence only as to whether in such cases learned Sessions Judge had power of reducing the sentence as noted above. He said that in case this question is decided in favour of the State on the given facts impositio...
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