Allahabad Court February 1992 Judgments
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Sadhu Charan Singh Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Feb-18-1992
Reported in: (1993)ILLJ1224All
ORDERP.P. Gupta, J.1. The petitioner, Sadhu Charan Singh, was a workman in the service of M/s. Hari Fertilizers, Sahupuri, Varanasi. He was dismissed from service with effect from March 21, 1988. He raised an industrial dispute before the Regional Conciliation Officer, Varanasi Region, Varanasi, under S.2A of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') in respect of his illegal dismissal. However, no conciliation and settlement could be arrived at by the Conciliation Officer, who submitted his failure report to the Government. Respondent No.l, by his letter dated July 26, 1989 (Annexure 'I' to the petition), informed the petitioner that the conciliation case of the petitioner was not considered fit for reference by the Stale Government, hence the same had been consigned to the record room. The petitioner by his letter dated September 8, 1989 (Annexure 'II' to the petition), addressed to the Joint Secretary, Labour Department (I), Kanpur, contended that...
Ashok Kumar Singh and ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Feb-18-1992
Reported in: 1993CriLJ2083
ORDERK.C. Bhargava, J.1. This is a petition under Section 482, Cr. P.C. for quashing the FIR and for directing that the petitioners be not arrested during the investigation. The petition is opposed.2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate.3. Learned counsel for the petitioners has argued that in proceedings under Section 482, Cr. P.C. the Court has ample power to stay the arrest of the petitioners. In support of his contention the learned counsel for the petitioners placed reliance on the case of State of Bihar v. P. P. Sharma, AIR 1991 SC 1260 .: (1991 Cri LJ 1438). A perusal of this case goes to show that it is no authority for the proposition that the arrest of an accused can be stayed in proceedings under Section 482, Cr. P.C. Learned counsel for the petitioners has argued that by implication this power vests in the court under Section 482, Cr. P.C. From a perusal of this case law, it does not go to show that this court by impl...
Rahul Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-17-1992
Reported in: AIR1993All163
ORDER1. The petitioner seeks a writ of mandamus commanding respondents Nos. 2 and 3 to admit him to Class XI in 1991-92 Session in Biology/Commerce in St. Joseph College, Allahabad. The petitioner's case is that he is student of St. Joseph College, Allahabad and has been studying there from Class VI. He is said to have passed Indian Certificate of Secondary Examination (I.C.S.E.) New Delhi in the year 1991 conducted by the Board Indian Council Secondary Examination, New Delhi. Thereafter, he applied for admission in Class XI in commerce and Biology but was denied the admission without giving any reason. He is said to have passed examination with 52.4% marks which makes him eligible to seek admission in Class XI. Other students who have secured less marks than the petitioner have been given admission in Class XI by respondent No. 2. The petitioner has been denied admission without any cause. The petitioner and his father approached respondents Nos. 2 and 3 with a prayer that he be grant...
Km. Divya Chandra Vs. the Vice-chancellor, Roorkee University, Roorkee ...
Court: Allahabad
Decided on: Feb-17-1992
Reported in: AIR1992All298; (1992)2UPLBEC1435
ORDER1. The petitioner has challenged the appointment of the Enquiry Committee headed by Dr. S. K. Saraf and has prayed that the said committee should be restrained from going into the matter of use of unfair means by the petitioner in the spring semester of B.E. II Year (Electrical) of 1986 and further relief, as may be warranted in the facts and circumstances of the case may be granted.2. It is useful to detail out the facts relevant for the purposes of decision of this writ petition. The petitioner at the relevant time was a student of B.E. (Elec.) III Year of the University of Roorkee. Her case is that she has a brilliant academic record. She is said to have passed I Year examination and the Autumn Semester examination of II Year. After the declaration of the result of B.E. (Elec.) II Year Spring Semester some students of B.E. (Elec.) III Year out of heart burning and jealousy are said to have submitted a representation to the Head of the Department of Electrical Engineering allegi...
Collector, Varanasi Vs. Rai Prem Chand and Others
Court: Allahabad
Decided on: Feb-14-1992
Reported in: AIR1992All206
ORDERN. N. Mithal, J. 1. This appeal under S. 54 of the Land Acquisition Act has been filed by the State of U. P. The appellant moved two applications at the time of filing this appeal. One appliction was for stay of execution of the decree and the other one for time to make good the deficient court fee. The second application was allowed and two months time was granted to pay up the court fee. The requisite court fee stamps were supplied on 16-9-1991. The other appliction could riot be disposed of as the appeal was reported to be beyond time by 91 days. As yet, no application seeking condonation of delay under S. 5 Limitation Act has been filed.2. The respondents have also appeared by filing a caveat through Sri S.-K. Garg, Advocate. The appellant seeks to justify the filing of the appeal without any application under S. 5 Limitation Act. It was urged that since an appeal under Sec. 54 of the Land Acquisition Act is not regulated by Limitation Act no application under S. 5 thereof was...
Badrul Hasan Qadiri Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Feb-12-1992
Reported in: AIR1992All220; (1992)1UPLBEC362
ORDERA.N. Verma, J. 1. This is the second time that the petition has come up for hearing before the court. Earlier by our order dated May 24, 1984, the petition had been dismissed on the ground that in view of the consistent stand taken by him throughout his tenure as a principal of the institution that it was a minority institution, it was not open to the petitioner to turn round and contend that it was not a minority institution and, therefore, the disciplinary action intiated against him by the Management was subject to the control of the educational authorities under Section 16-G(3) of the Intermediate Education Act. The petitioner appealed to the Supreme Court. By its order dated October 29, 1984, the Supreme Court granted Special Leave to the petitionersetting aside the judgment of this Court and remanded the case for the determination of the question whether the institution is or is not a minority institution.2. Upon remand, we heard learned counsel for the parties again at some...
Bhatia Minerals Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Feb-12-1992
Reported in: (1992)104CTR(All)278; [1993]200ITR591(All)
M. Katju, J.1. The writ petition and connected writ petitions Nos. 1326, 1345, 1346 and 1349 of 1991, involve similar questions of law and fact and hence are being disposed of by a common judgment.2. The petitioner in Writ Petition No. 1330 of 1991 is a partnership firm carrying on the business of carriage, contract and transport. It received a notice dated December 26, 1990, from the office of the Commissioner of Income-tax, Meerut, requiring it to show cause as to why the jurisdiction of the petitioner's case be not transferred from the Income-tax Officer, Dehradun, to the Assistant Commissioner of Income-tax, Investigation Circle, Meerut. The petitioner sent a reply in response to the aforesaid show-cause notice and, by the impugned order dated April 25, 1991 (annexure 4 to the petition), the cases of the petitioner-firm have been transferred from the Income-tax Officer, Dehradun, to the Assistant Commissioner of Income-tax, Investigation Circle, Meerut. By means of the present writ...
Surendra Kumar Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Feb-12-1992
Reported in: [1993]199ITR418(All)
M. Katju, J. 1. The following question has been referred to us by the Income-tax Appellate Tribunal, Delhi Bench, under Section 250(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 1 lakh was taxable as deemed income within the meaning of Section 2(22)(e) of the Income-tax Act, 1961 ?'2. The relevant facts are that the assessec was the managing director of Messrs. Anchor Pressings Pvt. Ltd. The relevant assessment year is the assessment year 1972-75. In respect of the accounting year relevant to this assessment year, as it was found by the income-tax authorities that Messrs. Anchor Pressings Pvt. Ltd. had advanced a sum of Rs. 1 lakh to the asses-see on June 25, 1971, describing it as imprest or temporary loan. TheIncome-tax Officer added this amount to the assessee's income invoking Section 2(22)(e) of the Income-tax Act, 1961.3. The assessee preferred an appeal to the Appellate Assis...
Seth Banarsi Dass Gupta (Huf) Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Feb-11-1992
Reported in: [1993]202ITR428(All)
A.N. Varma, J.1. At the instance of the assessee, the following question has been referred by the Income-tax Appellate Tribunal for our opinion :'Whether on the facts and in the circumstances of the case, the Income-tax Officer could validly initiate proceedings for reopening of the assessment under Section 147(a) for the assessment year 1949-50 ?'2. The original assessments of the assessee for the assessment years 1949-50 and 1950-51 were completed on March 51, 1954, on the basis of a settlement reached between the assessee and the Department coveringthe assessment years 194445 to 1952-53. The settlement was arrived at on an appreciation of the overall picture of the accretion to the assessee's wealth between 1943 and 1952. Certain fixed deposits made in the name of Smt. Ram Moorti Devi, the wife of the karta of the assessee's family, and in the names of the two daughters of the assessee as well as in the name of Smt. Premwati, the wife of an employee, were also taken into account as ...
indo-gulf Fertilizers and Chemicals Corporation Ltd. Vs. Union of Indi ...
Court: Allahabad
Decided on: Feb-11-1992
Reported in: (1992)103CTR(All)25; [1992]195ITR485(All)
Brijesh Kumar, J.1. The petitioner is aggrieved by order dated February 8, 1991, by which adjustments have been made in the return under Section 143(1)(a) of the Income-tax Act (hereinafter referred to as 'the Act'), and additional income-tax has been levied under Section 143(1A) of the Act. A copy of the order dated February 8, 1991, has been filed as annexure-6 to the petition.2. It appears that, according to the return submitted by the petitioner, losses to the tune of rupees sixty-two crores sixty-nine lakhs odd were shown for the assessment year 1990-91. On adjustment under Section 143(1)(a) of the Act, it was found that an amount of rupees four crores odd, claimed on account of investment allowance under Section 32A of the Act was not admissible. Therefore, the assessing authority disallowed the amount claimed under Section 32A of the Act. As a result of the disallowance of the said amount, the figure of losses was brought down in the order, as 'Adjusted total loss for the year ....
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