Allahabad Court September 1991 Judgments
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Nawal Kishore Shukla and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-17-1991
Reported in: 1992CriLJ1554
ORDERV.N. Mehrotra, J.1. This petition has been filed under Section 482, Cr.P.C. praying that the orders dated 29-6-1985 and 19-9-1985 passed by the Metropolitan Magistrate, Rampurwa district Kanpur Nagar, in case No. 695 of 1984 Smt. Madhuri Devi Shukla v. Nawal Kishore Shukla and Ors., which is the complaint in that case be quashed.2. The facts of this case are that the present opposite party No. 2, Smt. Madhur Devi Shukla filed a complaint against nine accused persons alleging that they have committed offence punishable under Section 494, I.P.C. It was contended that the applicant was the wife of opposite party No. 2. Nawal Kishore Shukla but during the lifetime of the applicant he remarried opposite party No. 6. Smt. Rajendri Devi. It is asserted that the marriage took place with the connivance of the other co-accused persons. After the enquiry under Sections 200 and 202, Cr.P.C. the learned Magistrate summoned the accused persons. The hearing of this case started before the Magist...
Nidhipati Singhania Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Sep-16-1991
Reported in: (1991)39ITD292(All.)
1. It is an appeal filed by the assessee against the order of the learned CIT(A) dated 18-10-1989 for the assessment year 1980-81. The following grounds of appeal have been taken up:- 1. The learned Commissioner of Income-tax (Appeals), Kanpur, has erred on fact and in law in upholding the estimated sale value of jewellery at Rs. 2,60,000 as against actual sale value of Rs. 72,000 realised by the assessee-appellant in the present case. 2. While holding that there is enough evidence on record to prove that the market value of jewellery at the relevant time was much higher than the value shown by the appellant, the Commissioner of Income-tax (Appeals) has failed to appreciate and consider that in the wealth-tax, the concept of market value is hypothetical one while for the purpose of Section 52 one has to consider the sale price actually fetched on the transfer of the capital assets. 3. The view taken and reasonings relied on by the learned Commissioner of Income-tax (Appeals) for uphol...
Sukhdeo and Others, Etc. Etc. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-13-1991
Reported in: AIR1992All142
ORDERS.K. Dhaon, J. 1. The common question to be decided in these petitions is : what is the date of the award within the meaning of S. 28A of the Land Acquisition Act, 1894 (hereinafter referred to as the Act)? As the fate of these petitions turns upon a mere interpretation of the statute, we do not consider it necessary to call for a counter-affidavit. With the consent of the Standing Counsel, we have heard these petitions with a view to dispose them of finality. We are accordingly doing so by a common judgment.2. The material facts in these petitions are substantially the same. Treating the Writ petition filed by Smt. Parbati and another as the leading case, we have taken the material facts therefrom. They are these. By virtue of an award given under S. 11 the petitioners accepted the compensation offered under protest. One Surendra Singh, whose land had been acquired under the same notification under which the petitioners' land was acquired, in a reference made under S. 18, was awa...
Todar Singh Premi Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-13-1991
Reported in: 1992CriLJ1724
ORDERSurya Prasad, J.1. The above mentioned two criminal revisions have been filed against one and the same judgment and order dated 21-8-1986 passed by the then 1st Additional Sessions Judge, Budaun dismissing the Criminal Appeal No. 196 of 1985 connected with Criminal Appeal No. 194 of 1985 and Criminal Appeal No. 210 of 1985 filed against the judgment and order dated 27-6-1985 passed by the then VII Additional Munsif Magistrate, Budaun in Criminal Case No. 159 of 1984 convicting and sentencing the applicant-revisionist Todar Singh Premi under Section 409 and 120B, I.P.C. to one year and six months rigorous imprisonment and imposing a fine of Rs. 500/- and Gulveer Singh Under Section 409, IPC to two years rigorous imprisonment and a fine of Rs. 3000/-.2. The facts of the case briefly stated are that a sum of Rs. 2000/- through a cheque No. 091640 was given by Todar Singh Premi, the then Block Development Officer on 23-1-79 to Gulveer Singh, the then Assistant Block Development Office...
Lakshmi NaraIn Vs. the District Judge, Fatehpur and Others
Court: Allahabad
Decided on: Sep-12-1991
Reported in: AIR1992All119
ORDER1. This writ petition is directed against an order dated 2-8-1991, passed in Civil Revision No. 15 of 1991.2. The brief facts are that one Janardan Prasad plaintiff-respondent No. 2 filed a suit in the Court of Munsif Fatehpur against the defendant-petitioner and defendant respondents Nos. 3 to 5, seeking declaration that he was the owner of the house denoted as 'As' in the map attached to the plaint and for cancellation of the sale deed executed by the petitioner defendant in favour of defendant respondent No. 3 in respect of a portion of that house. The case set up on the plaint was that the plaintiff and defendant respondents Nos. 2 and 4 namely, Niranjan and Hira Lal respectively, are real brothers and sons of one Narbada Prasad since deceased. Narbada Prasad and Sardar were the sons of one Jodha, a common ancestor who owned two houses shown with letters Aa and Ba in the plaint. Sardar died issueless. Narbada Prasad separated from his father during his life-time and was residi...
M/S. Modern Woollens Ltd. Vs. M/S. Dass Carpets Pvt. Ltd.
Court: Allahabad
Decided on: Sep-12-1991
Reported in: AIR1992All146
ORDER1. Messrs Modern Woolens Limited, a company registered in Jaipur (Rajasthan) is the creditor of Dass Carpets Private Limited, having its registered office at P.O. Khamaria, district Varanasi, in U.P.2. Dass Carpets Private Limited, hereinafter referred to as the company placed orders for carpet yarn with Modern Woolens Limited during the year 1981-82, 1982-83, 1983-84 and 1984-85. The payments against the goods supplied were never made. Thus, after a protracted correspondence, the petitioner served a notice under Section 434 of the Companies Act, 1956 dated 4-7-1987 putting it on caution that if the payments due were not discharged, they will be constrained to move a petition seeking winding up of the Company. The debt continued to remain and this, the company petition was filed.3. The contention in the company petition is that in the notice, a sum of Rs. 4,55,302-70 was claimed as the principal, with such interest which accrues on it. Thi was the claim of the petitioner on the co...
Commissioner of Wealth-tax Vs. Sri Chintamani
Court: Allahabad
Decided on: Sep-10-1991
Reported in: [1993]199ITR92(All)
R.R. Misra, J.1. This reference under the Wealth-tax Act, 1957, relates to the assessment year 1973-74. The sole question referred to this court is as follows :' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that Messrs. Chintamani Bros., a firm engaged in printing and sale of cotton sarees is an industrial undertaking within the meaning of Section 5(1)(xxxii) read with the Explanation to Clause (xxxii) of Section 5(1) of the Act and that the assessee's interest therein was entitled to exemption from wealth-tax under the said Wealth-tax Act ?'The necessary facts in regard to the above are as under. The assessee is a Hindu undivided family and is a partner of Messrs. Kastoor Chand Munna Lal and Messrs. Chintamani Bros. both of which are engaged in printing and sale of cotton sarees. In the assessment to wealth-tax for the assessment year 1973-74, the assessee claimed that his interest in the said two firms as partner is exempt fr...
Nagar Palika Vs. Prescribed Authority and ors.
Court: Allahabad
Decided on: Sep-10-1991
Reported in: (1994)IIILLJ672All
M.L. Bhat, J. 1. The prescribed authority, respondent No. 1, appears to have granted back wages on account of wrongful deductions from the wages of the respondents No. 2 to 9 under the provisions of the Payment of Wages Act by his order dated 19.10.1981, which is impugned in this writ petition.2. The facts giving rise to the filing of this writ petition are briefly stated. The respondents No. 2 to 9 were working as Safai Karamchari with the petitioner. It is stated that the age of superannuation in the municipal services is 60 years. The respondents No. 2 to 9, according to the petitioner, were retired after the completion of age of 60 years. The respondents were retired with effect from 21.4.1979 and this order was passed on 28.4.1979, a copy whereof is Annexure 1 to the writ petition. These respondents are said to have filed representations before the petitioner protesting against their retirement is in their opinion these respondents had not reached the age of superannuation. Their ...
State Vs. Baldev Raj
Court: Allahabad
Decided on: Sep-10-1991
Reported in: 1992CriLJ1251
S.R. Bhargave, J.1. In Writ Petition No. 484 of 1982 Baldeo Raj was petitioner. He made certain scandalous allegations against Shri S. D. N. Singh, the then District Judge, Allahabad. This writ petition was decided by Hon'ble Mr. Justice J. M. L. Sinha (now retired). In his order dated 8-2-1982 he inter alia mentioned that there were serious allegations constituting criminal contempt. Hence he proposed that record be placed before appropriate Division Bench for examination whether notice should or should not be issued.2. Division Bench of Hon'ble Mr. Justice P. N. Karkauli (retired) and Hon'ble Mr. Justice Wahajuddin (retired) went through the record and the order passed by Hon'ble Mr. Justice J. M. L. Sinha (retired) and by order dated 6th March, 1982 arrived at the opinion that it was a fit case for taking cognizance of the alleged contempt case. Then notice was issued to Baldeo Raj. It was served personally on him as required under Section 17(1) of the Contempt of Courts Act, 1971. ...
Shree Krishna Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-09-1991
Reported in: (1993)IIILLJ953All
S.H.A. Raza, J. 1. Aggrieved against theorder of termination passed against the petitioner contained in Annexure-7 the petitioner hasapproached this Court under Article 226 of theConstitution of India. 2. The main thrust of the argument of the learned counsel for the petitioner in this writ petition is that in view of the settled legal position, as enumerated in the decision of this Court in Writ Petition No. 1941 of 1985. Jaikishan and Ors., v. U.P. Co-operative Bank Ltd. and Ors., decided on 3.3.1989 Co-operative Society is an industry and persons engaged in the Societies are workmen and come within the definition of the workmen as contained in U.P. Industrial Disputes Act, hence the termination of the services of a workman engaged in a Co-operative Society without complying with the provisions of Section 6-N of the U.P. Industrial Disputes Act would be non-est. 3. There is no denial of the fact that the petitioner was engaged as salesman in the Society, which according to the petiti...
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