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Allahabad Court May 1994 Judgments

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May 06 1994

Raj Kumar JaIn Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Allahabad

Decided on: May-06-1994

1. The captioned cross-appeals are directed against two orders, one dated November 15, 1989, and the other of October 16, 1990, passed by the Commissioner of Income-tax (Appeals)-I, Kanpur, in respect of the assessment years 1986-87 and 1987-88, respectively. Whereas, in the assessee's appeals, the preliminary common contention which is only for the assessment year 1986-87, is against sustaining an addition of Rs. 50,000 in each of the two assessment years, the Revenue is aggrieved against relief of Rs. 79,500 in respect of the assessment year 1986-87 and Rs. 79,000 for the other year, i.e., 1987-88. The said controversy arises in the context of addition of Rs. 1,29,500 and Rs. 1,29,000 made in the two assessment years on the ground that the assessee's version of withdrawals for household expenses were understated to such extent.2. The assessee has been assessed in the status of individual and for his household needs in respect of the first year under appeal withdrawals totalled up to...


May 06 1994

Mukul Kumar Vs. Divisional Railway Manager, Northern Railway, Allahaba ...

Court: Allahabad

Decided on: May-06-1994

Reported in: AIR1995All72

ORDERS.K. Verma, J.1. The petitioner through this writ petition under Art. 226 of the Constitution oflndia prays for a direction in the nature of certiorari quashing the orderdated 3-3-1994 issued by the respondent No. 2 in favour of respondent No. 4 and for a mandamus directing respondents No. 1 to 3 to accept the only tender of the petitioner holding it as valid.2. , The petitioner had been operating the contract for cycle/scooter stand at Aligarh Junction Railway station for the last four years. His contract was to expire on 23-3-1994. Meanwhile on 9-12-1993, a tender notice was issued inviting tenders for the contract for the next two years, i.e. 1994-95 and 1995-96. Three persons offered their tenders, namley, H.K. Dubey, N.K. Singh, respondent NO. 4 and Mukul Kumar, petitioner. Their offers were Rs. 1,29,000,/-Rs.2,97,000/- and Rs. 1,47,000/- respectively. The tender notices required deposit of earnest money and also certain documents. The petitioner claims that the tender notice...


May 06 1994

Raisa Begum and ors. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: May-06-1994

Reported in: 1995CriLJ1067

ORDERK. Narayan, J. 1. Criminal Misc. Writ Petition No. 7616 of 1993, Raisa Begam v. State of U.P., had been brought by eight persons with a prayer for issue a writ of certiorari quashing the first information report dated 28-11-1992 and consequent, investigation in the matter of Case Crime No. 6119 of' 1992, under Section 498A I.P.C. and 3/4 of the Prohibition of Dowry Act. Without meaning to go into merits of the respective claims, it may be mentioned that according to the two first information reports filed by the petitioners there appear as a fact that a girl of one family has been married in the family of the other and another girl of the other family has been married in the family of the petitioners. There have been counter first information reports conveying certain allegations which could constitute an offence under Section 498A I.P.C. and 3/4 of the Prohibition of Dowry Act. There are, thus counter cases. At the same time it cannot be said that they are based only on malice as...


May 02 1994

Baij Nath Bhattacharya Vs. Labour Court and anr.

Court: Allahabad

Decided on: May-02-1994

Reported in: [1995(70)FLR14]; (1998)IIILLJ206All; (1994)3UPLBEC1842

S.K. Keshote, J.1. Heard learned counsel for the parties.2. The petitioner--workman, employed with the respondent No.2 has raised an industrial dispute regarding alleged wrongful termination of his service w.e.f. August 31, 1981. The State of U.P. in exercise of its powers under Section 4-K of the U. P. Industrial Disputes Act, 1947 referred the said dispute for adjudication to the Labour Court, Allahabad vide order dated June 30, 1982. The Respondent No. 1 gave its award on May 30, 1985 and reference was answered against the petitioner. This award was published on August 20, 1985. This award has been questioned by the petitioner in this writ petition. The petitioner has questioned the legality of the order of termination of his service on the ground that the Respondent No.2 has not given him one month notice or notice-pay and retrenchment compensation and hence same has been made in total violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (hereinafter...


May 02 1994

Mehdi HussaIn Vs. Presiding Officer and anr.

Court: Allahabad

Decided on: May-02-1994

Reported in: (1995)IILLJ1088All; (1994)3UPLBEC1612

ORDERS.K. Keshote, J.1. The petitioner, who was an Ex. Military personnel, was appointed as an Armed Guard on January 15, 1970 on temporary basis at Allahabad Branch of State Bank of India. Later on he was selected for the post of Armed Guard and was appointed on substantive basis on probation at the same branch on July 9, 1971. The Bank has asked the petitioner to submit his School Leaving Certificate in proof of his possessing minimum educational qualification for the post and date of birth. The petitioner submitted certificate on July 9, 1971 of principal R.R.K. Higher Secondary School, Palippur, Pratapgarh. On verification the aforesaid certificate submitted by the petitioner was found to be a forged one Vide memo dated December 14, 1971 the petitioner was called upon by the Bank to give his explanation for submitting a forged School Leaving Certificate with a view to obtain appointment in the Bank. On November 20, 1971 the petitioner submitted his explanation. As the petitioner wa...


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