Allahabad Court January 1993 Judgments
Man Singh Vs. the District Magistrate, Banda and Others
Court: Allahabad
Decided on: Jan-29-1993
Reported in: AIR1993All220
ORDERS.R. Singh, J.1. By means of the petition in hand under Art. 226 of the Constitution of India, the petitioner seeks issuance of a writ of certiorari quashing the auction notice dt. 31st Oct. 1992 issued by the District Magistrate, Banda, notifying to the general public that settlement of Sand/Moram in district Banda for the year 1992-93 would be done through auction, tender or auction-cum-tender segment-wise (Khand-wise) as stipulated/specified in the impugned auction notice annexed as Annexure 8 to the writ petition.2. We have heard Sri R. C. Srivastava, learned Senior Advocate appearing for the petitioner and the learned Standing Counsel appearing for the respondents.3. The learned counsel appearing for the petitioner urged that the impugned notice enumerates division of district Banda in sixteen segments (Khands) for the purposes of auction sale with a view to granting mining lease in respect of sand/ Moram in the district of Banda, whereas in the yester years there were 19 dif...
Tag this Judgment!Nityanand Vishwas Vs. State of U.P.
Court: Allahabad
Decided on: Jan-29-1993
Reported in: I(1993)DMC491
M. Katju, J.1. The facts disclosed in this bail application have so shocked me that I am constrained to pass a detailed order whiie rejected it. The First Information Report (translated in English) reads as follows :The Station Officer,P.S. MadhotadanDistt. Pilibhit Dated : 25-5-92, 9.40 a.m.Sir, My daughter Smt. Maina was married about 6 months back to Nityanand Biswas s/o Pachanan Biswas who belongs to my own village. A few days ago my son-in-law Nityanand became suspicious of my daughter's character about which he complained to me. On 25-5-92 my son-in-law Nityanand killed my daughter and buried her near a Khatiya, and told us that she had run away somewhere. We searched for our daughter. On the evening of 28.5.92 a certain smell made us suspicious, and when the people of the village dug the ground the body of my daughter was found. Since it was night I could not come then to lodge this report.Smt. Savita w/o PuranchandMandal, r/o Bhujia Khurd Madhotandan, Pilibhit,The post mortem r...
Tag this Judgment!High Court of Allahabad and ors. Vs. Amod Kumar Srivastava and ors.
Court: Allahabad
Decided on: Jan-28-1993
Reported in: (1994)ILLJ707All; (1993)1UPLBEC378
V.N. Khare, J. 1. The main question which requires to be decided by this Full Bench in this Special Appeal arising out of judgment and order dated March 25, 1992 passed by the learned Single Judge of this Court allowing the writ petition filed by respondent Nos. 1 to 32 against termination of their services as Routine Grade Assistants is as to 'whether the administrative wing of the High Court not directly connected with the actual adjudication of the cases can be categorised as an industry within the meaning of Section 2(k) of the U.P. Industrial Disputes Act.' 2. The detailed facts of the case have been set-out in the judgment of the learned Single Judge and I need not repeat those facts to save the bulk'.of this judgment However, I would briefly notice certain facts which led the respondents to file the writ petition under Article 226 of the Constitution in this Court. On April 29, 1987 the then Hon'ble the Chief Justice of High Court issued a direction to the effect that some Routi...
Tag this Judgment!Commissioner of Income-tax Vs. Shiv Mohan Lal
Court: Allahabad
Decided on: Jan-23-1993
Reported in: (1993)111CTR(All)406; [1993]202ITR60(All)
M.C. Agarwal, J.1. In compliance with this court's direction under Section 256(2) in Miscellaneous I. T. A. Nos. 325 and 326 of 1976, the Income-tax Appellate Tribunal, Delhi Bench 'D', has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the user of the house property by the partnership firm could be said to be user thereof by the assessee for the purposes of business carried on by the assessee within the meaning of Section 22 of the Income-tax Act, 1961?'2. The assessee is a Hindu undivided family and the aforesaid question concerns its assessment for the assessment years 1968-69 and 1971-72. The assessee owned a house property being half share in building No. 13, M. G. Road, Agra. The said property was being used for purposes of business carried on by a partnership firm, Messrs. Ganeshi Lal and Sons, Agra, in which the assessee's karta, Shiv Mohan Lal, and other members were partners in their individual capac...
Tag this Judgment!U.P. Rajya Vidyut Utpadan Nigam Ltd. and U.P. State Sugar Corporation ...
Court: Allahabad
Decided on: Jan-23-1993
Reported in: (1993)114CTR(All)115; [1993]202ITR93(All)
S.N. Sahay, J.1. Since a common question of law has been raised in both the writ petitions, they are being disposed of by a common judgment.2. In Writ Petition No. 3094(MB) of 1991, it will appear from a perusal of the impugned order contained in armexure-5 to the writ petition that the petitioner-company filed a return of income for the assessment year 1990-91 declaring a loss of Rs. 49,64,09,180. The petitioner had filed a tentative profit and loss account along with the return and the tax audit report. The Assessing Officer took the view that the return was defective, inasmuch as no compliance was made with the provisions contained in Clauses (bb) and (d)(i) of the Explanation to Sub-section (9) of Section 139 of the Income-tax Act, 1961. The Assessing Officer was of the opinion that, since the petitioner had filed only a tentative profit and loss account and the audit report filed by the petitioner was also based on the same, it cannot be said that the petitioner has submitted the ...
Tag this Judgment!Ram Baboo (In Jail) Vs. the State of U.P. Through the Secretary Home D ...
Court: Allahabad
Decided on: Jan-21-1993
Reported in: 1993CriLJ3701
Giridhar Malaviya, J.1. These three petitions have been filed by the petitioners against the order dated 18-6-1992 passed by the District Magistrate, Banda Under Section 3(2) of the National Security Act, by which the petitioners have been detained. The detention order says that as it was necessary to prevent the petitioners from indulging in such activity which was prejudicial to the maintenance of supply and services essential to the community, hence the detention of the petitioners had become necessary.2. The grounds of detention furnished to the petitioners indicate that on 19-12-1991 the electric wire insulator, channel and transformer etc. of the govt. tube wells Nos. 54 and 123 of village Nari, police station Pailani, district Banda had been stolen. A First Information Report in respect of the alleged theft was lodged at the concerned police station vide crime No 240 of 1991 Under Section 379/427 Indian Penal Code and Section 40 Indian Electricity Act. During investigation the p...
Tag this Judgment!Ajab Singh Vs. Shital Puri (Deceased by Lrs.)
Court: Allahabad
Decided on: Jan-20-1993
Reported in: AIR1993All138
1. This is defendant's second appeal against the judgment and decree dated 25-9-1985 of the Civil Judge, Roorkee whereby he dismissed the first appeal filed by the defendant against the judgment of the trial Court, decreeing the plaintiffs suit for mandatory injunction directing the defendant to vacate the house in hisoccupation, and restraining him from using the same. The late plaintiff respondent-Shitalpuri filed the suit in the trial Court alleging therein that he is permanent lessee of a plot situate in Mohalla Subhasganj of Roorkee town described and bounded at foot of the plaint. In the eastern portion, thereof there is a room belonging to the plaintiff. The said room was lying vacant and locked, as the plaintiff lives elsewhere. Some time ago the defendant with certain influential persons acquainted with the plaintiff approached him and requested to allow him to reside in aforesaid room as licensee. The plaintiff accordingly gave a right to the defendant to occupy this room as ...
Tag this Judgment!State of U.P. and Another Vs. Narendra Nath Dixit and Others
Court: Allahabad
Decided on: Jan-19-1993
Reported in: AIR1994All110
ORDER1. These two writ petitions have been filed by State of Uttar Pradesh challenging orders dated 27th February, 1992 by which rent of the accommodation in dispute has been fixed as Rs. 5000/- p.m. under Sec. 21(8) of U. P. Act No. 13 of 1992, hereinafter referred to as 'Act', payable with effect from 1st May, 1988. There is delay of 233 days in filing these writ petitions. Learned Standing Counsel has submitted that the delay has been explained in paragraph No. 18 of the writ petition. I have considered the explanation. In my opinion, cause shown is sufficient and delay is condoned.2. The facts giving rise to these writ petitions are that the accommodation in dispute was let out on a monthly rent of Rs. 55/- on 18th November, 1968 which was subsequently enhanced to Rs. 700/- p.m. w.e.f. 12th September, 1980. The landlord respondent No. 1 filed an application under Section 21(8) of the Act on 18th April, 1988 and prayed for enhancing the rent of accommodation in dispute as provided u...
Tag this Judgment!Rafique and Sons and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-19-1993
Reported in: (1993)IILLJ137All
R.B. Mehrotra, J.1. A notification dated June 21, 1991 was published in the U.P. Gazette of the same date. The notification recites as under:'Whereas the State Government had vide its notification No. 6790 (ST) XXXVI-1-1006 (ST) 89, dated November 21, 1989 revised and fixed the minimum rates of wages for employees employed in the employment in Bidi Making in Uttar Pradesh;And whereas, the employees engaged in Bidi making industry had been demanding the revision of minimum wages due to rise in prices and upwards revision in other employments.And whereas, the Uttar Pradesh Bidi Maz-door Unions operating Bidi industry served notices on the State Government indicating that if the minimum rates of wages of the employees employed in the employment of Bidi industry were not revised they would start agitation;And, whereas, in the opinion of the State Government it is necessary and expedient to revise the minimum rates of wages for employees employed in the employment in Bidi making with a view...
Tag this Judgment!Mr. Naresh Kumar JaIn and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-18-1993
Reported in: 1993CriLJ1352
ORDERVirendra Saran, J.1. I have heard Sri Tej Pal, learned counsel for the petitioners and learned Standing Counsel who both agree that the writ petition may be finally disposed of.2. An order purporting to be under Section 111 Code of Criminal Procedure was made by the learned Additional City Magistrate 1st. Agra on 26-11-1992 asking the petitioners to show cause why they may not be required to furnish a personal bond of Rs. 2,000/- and two sureties, each in the like amount for keeping peace for a period of one year. A photo copy of the order has been annexed as Annexure-4 to the writ petition. On the basis of this order proceedings under Section 107/116 of the Code were initiated against the petitioners who challenged the order of the learned Magistrate by filing Criminal Revision No. 595 of 1992 in the court of Session but their revision was also dismissed by the learned VIII Additional District & Sessions Judge, Agra on 11-1-1993. The petitioners have now approached this Court pra...
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