Court : Allahabad
Reported in : AIR1992All340; (1992)2UPLBEC795
ORDERR.R.K. Trivedi, J.1. In both the aforesaid writ petitions counter and rejoinder affidavits haye been exchanged and learned counsel for parties are agreed that the writ petitions may be disposed of finally at the stage of admission. In both the writ petitions common questions of law and facts are involved and both can be conveniently disposed of by a common judgment.2. Facts common in both the petitions are that Collector, Gorakhpur by an advertisement dt. 17-8-1991, published in Hindi daily newspaper 'Aaj' dt. 22-8-1991, declared that on 21-9-1991 the entire river bed consisting of sand shall be leased out by auction-cum-tender and the desirous persons may participate. It was further stated that the conditions of the auction and other details may be obtained from the Officer-in-charge Mines. In response to.the aforeaid notice an auction was held on 21-9-1991 under the supervision of Additional District Magistrate (Finance and Revenue), Gorakhpur. The areas which were subject matte...
Tag this Judgment!Court : Allahabad
Reported in : [1993]200ITR602(All)
1. This is an application filed by the Commissioner of Income tax (Central) Kanpur, under Section 256(2) of the Income-tax Act, 1961, relating to the assessment year 1979-80 with a prayer that a direction be issued by this court to 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 in law and on the facts of the case, the Income tax Appellate Tribunal was justified in arriving at a conclusion that only net amount paid by the firm to a partner after adjusting interest paid by him to the firm should be disallowed under Section 40(b) of the Income-tax Act, 1961, irrespective of the fact that the amount of interest is received by him in a capacity other than a capacity in which he paid interest to the firm of which he is partner in the firm ?'2. We have hoard learned standing counsel for the Department and Sri R. S. Agarwal, appearing for the assessee opposite party.3. The question sought to he raise...
Tag this Judgment!Court : Allahabad
Reported in : [1993]200ITR683(All)
1. Heard learned counsel for the petitioner and Shri. C. D. Basu for the respondents.2. The parties agree that the writ petition may be decided finally at the admission stage without filing counter-affidavit. We, accordingly, decide the matter finally. By means of this writ petition under Article 226 of the Constitution of India, the petitioner has come up before this court challenging the order dated February 6, 1992, passed by the Deputy Commissioner of Income-tax (Assessment), Special Range, Moradabad.3. The petitioner has moved an application for waiver of the interest charged under Section 217 of the Income-tax Act, before the Deputy Commissioner of Income-tax (Assessment) Special Range, Moradabad. Initially along with the said application, the petitioner prayed for stay of recovery of the amount of interest. On the said application, the Deputy Commissioner of Income-tax stayed the realisation of the amount of interest. However, subsequently, the interim order was vacated. It is a...
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ2538
Palok Basu, J.1. This appeal has been filed by Kewal Krishna against the judgment and order dated 8-4-1978 passed by the IV Additional District and Sessions Judge, Saharanpur, convicting the appellant and sentencing him to imprisonment for life Under Section 302 and to six months' rigorous imprisonment Under Section 323, IPC. Both the sentences were ordered to run concurrently.2. The prosecution case is that Kewal Krishna was married to Smt. Vinod Kumari. One child was already about 2 years old and on 28-8-1977 Smt. Vinod Kumari was carrying the second child which had reached about 9 months of its existence. Kewal Krishna had come to stay with the in-laws in Pratap Nagar Colony within Police Station Mandi, distt. Saharanpur. It is said that on 28-8-1977 at about 5 p.m. Parvesh Kumar brought his brother-in-law i.e. the appellant Kewal Krishna along with a blood stained Sonta to the Police Station Mandi, Saharanpur along with some witnesses. An FIR was lodged by Parvesh Kumar (P.W. 3) to...
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All96; (1992)1UPLBEC574
ORDERM.K. Mukherjee, C.J. 1. Samar Bahadur Singh, the respondent No. 1 herein, holds B.Ed, and M.Ed, degrees of AllabahadUniversity and at all material times he was a lecturer in Psychology in K. P. Intermediate College, Allahabad. On June 30, 1989, post of the Principal of the said College having fallen vacant, the Committee of Management of the College appointed him the Principal, on ad hoc basis, as he was the seniormost Lecturer in the College; and by his letter dt. 4-12-1989 the District Inspector of Schools gave approval to his such appointment. While he was functioning in such capacity, a letter dt. May 4, 1990 was addressed by the Deputy Director of Education to the District Inspector of Schools, Allahabad inquiring about the qualification of Sri Singh. Sri Singh was also asked by the said Deputy Director to furnish details of his qualification, which he did Ultimately, Sri Singh received a direction from the Committee of Management on August 31, 1990, asking him to hand over c...
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All360
1. This first appeal is directed against the judgment and order dated 17th May, 1982 passed by the VI Addl. District Judge, Agra in Civil Appeal No. 165 of 1981 whereby the learned Judge has set aside the judgment and decree dated 11th March, 1981 rendered by the Munsif, Fatehabad, Agra in Original Suit No. 420 of 1977 and remanded the case to the trial Court for deciding it afresh.2. Ram Chand, the plaintiff-respondent, filed a civil suit for partition of the property mentioned in the Schedule 'A' to the plaint. The defendant-appellant filed his written statement resisting the claim of the plaintiff-respondent. The issues were framed and the plaintiff as well as defendant entered the witness-box. During the course of their statements the plaintiff and defendant made a reference with regard to certain settlement/ compromise which had already been arrived at between them. The parties also made a reference to the terms and conditions of the aforesaid settlement/compromise. The trial Cour...
Tag this Judgment!Court : Allahabad
Reported in : [1992(65)FLR401]; (1993)IIILLJ174All
Ravi, S. Dhawan, J. 1. The Elgin Mills Company, Limited (Mill No. 1), Kanpur, today under the management of National Textiles Corporation, has filed the present writ petition challenging the award of the Labour Court (II), U.P Kanpur, in the matter relating to Adjudication Case No. 123 of 1974. The award is dated 28th August, 1976. This is Annexure '14' to the writ petition. Ahmad AH, the workman, was discharging his duties as a winder, shift A at the Winding Department. His services were terminated on 24th November, 1972. The last appointment letter given to him was dated 24th May, 1972, on these facts there is no issue.2. His services were terminated on 24th November, 1972 six months after the last appointment made. The termination of Ahmad Ali's services with effect from 24th November, 1972 became a subject matter of an industrial dispute between the concern, Elgin Mills No. 1 and its workman, Ahmad Ah. Three matters were referred to the Labour Court for adjudication. The first was ...
Tag this Judgment!Court : Allahabad
Reported in : I(1992)DMC529
M. Katju, J.1. Issue notice.2. Until further orders, operation of the importance order dt. 25.1.92 shall remain stayed. Learned Counsel for petitioner has cited the decision of Bombay High Court in Leela Mahadeo Joshi v. Dr. Mahendra Sita Ram Joshi report in AIR 1991 Bombay page 105=II (1991) DMC 125 (DB) by a prima facie in respectful agreement with the said judgment and I direct that until in order, the Family Courts in U.P. shall carry out the directions made in the aforesaid judgment of Bombay High Court....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ3866
A.P. Misra, J.1. The petitioner has challenged his detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as 1988 Act). The matter was earlier heard by a Bench of two-Judges when one of the Hon'ble Judge while inter-preting Sections 3 and 5 of the Act held the impugned detention order illegal while the other Hon'ble Judge upheld the detention order. The petitioner's contention was that since the impugned order was passed by the Joint Secretary of the Central Government and not by the Central Government and under Section 5(a) the place of detention could only be specified by the 'appropriate Government' viz. the Central Government and not by its officer thus order by the Joint Secretary is illegal and void. The matter was referred to the third Hon'ble Judge who felt it appropriate that the matter be heard by a Full Bench and the Hon'ble the Chief Justice thereafter constituted this Full Bench. Si...
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ3972
B.L. Yadav, J.1. The appellant Ramua alias Ram Lal has preferred this criminal appeal against his conviction under Section 302, I.P.C. and sentence for life imprisonment and under Section 201, I.P.C. and sentence for four years' rigorous imprisonment. The learned Sessions Judge has convicted the appellant by the judgment and order dated 10th May, 1983 in Sessions Trial No. 146 of 1982.2. The prosecution story as contained in the F.I.R. is that the appellant who was resident of village Pali, P.S. Jakhlaun, district Lalitpur, was living separately from his father Tiju, who lodged the first information report (Ext. ka-1) that his daughter in law namely Smt. Suhagrani aged about 27 years was missing for the last seven days. She was wearing a Saari and some glass bangles etc. The appellant was living separately from his father with his wife Smt. Suhagrani the deceased and two children. It was alleged that somehow the appellant was not satisfied with his wife's conduct and on 9-6-1982 he sen...
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