Allahabad Court April 1995 Judgments
Deo NaraIn Tewari and Others Vs. Iiird Additional District Judge and O ...
Court: Allahabad
Decided on: Apr-28-1995
Reported in: AIR1996All114
ORDER1. A perusal of detailed order, dated September 5, 1985, passed by Hon'ble Mr. Justice A. P. Misra makes it clear that the petition is liable to be decided at the admission stage itself. His Lordship had directed to send copy of the writ petition and the slay application, by registered post to the respondents. It is unfortunate that when this case has been listed before this Court, almost long lapse of ten years, there is no report in respect of service on the respondents. In the absence of office note regarding service of notice on the respondents, it is presumed that service is sufficient and no one has come forward to oppose the petition.2. This writ petition arises out of an order dated September 3, 1984 passed by learned Munsif, East, Ballia, being respondent No. 2, which was affirmed by learned IIIrd Addi-tional District Judge, Ballia being respondent No. 1.3. By interim order dated September 5, 1985, this Court had stayed the operation of the impugned orders.4. Sri S.N. Sri...
Tag this Judgment!Ghatampur Sugar Co. Ltd. Vs. Income-tax Appellate Tribunal and ors.
Court: Allahabad
Decided on: Apr-28-1995
Reported in: [1995]215ITR548(All)
A.P. Misra, J.1. Heard learned counsel for the petitioner.2. The only relief sought for is for a direction to respondent No. 1 to hear and decide the appeal and the stay application filed by the petitioner and not to proceed with the recovery as a consequence of the order passed which is the subject-matter of the appeal itself. The present writ petition pertains to the assessment year 1990-91. The respondent issued notice under Section 143(2) of the Income-tax Act and ultimately an order was passed in which certain adjustments made by the petitioner towards guest house expenditure, entertainment expenditure, etc., were disallowed and an additional liability of Rs. 1.83 lakhs was imposed along with interest.3. Aggrieved against the same, the petitioner filed an appeal which was partly allowed by respondent No. 2 on January 31, 1994. The petitioner again went up in appeal against the order of respondent No. 2 before the Income-tax Appellate Tribunal along with a slay application on March...
Tag this Judgment!Mahabir @ Lallu Vs. Kamla Devi and anr.
Court: Allahabad
Decided on: Apr-28-1995
Reported in: II(1995)DMC661
Kundan Singh, J.1. This petition has been filed by Mahabir @ Lallu against his wife Smt. Kamla Devi for quashing of the judgment and order dated 24.3.1982 of Mr. S.N. Singh, IInd Additional Munsif Magistrate, Mirzapur whereby he ordered payment of maintenance allowance of Rs. 150/- per month to Smt. Kamla Devi and Rs. 100/- per month to her son till he attains majority from 11.2.1975 and also the judgment and order dated 9.9.1982, passed by Mr. L.N. Rai, IIIrd Additional Sessions Judge, Mirzapur in Criminal Revision No. 56 of 1982 modifying the order of learned Magistrate to the extent that Smt. Kamla Devi will get maintenance allowance at the rate of Rs. 100/- per month for herself and her son from 11.2.1975 to24.3.1982 and thereafter she will get Rs. 150/- for herself and Rs. 100/- for her son every month towards maintenance under Section 125 Cr.P.C. as directed by the learned Magistrate.2. Brief facts of the case are that Smt. Kamla Devi as married to the applicant Mahabir @ Lallu i...
Tag this Judgment!Kamlesh Kumar Madhukar and Others Vs. Regional Inspectress of Girls Sc ...
Court: Allahabad
Decided on: Apr-27-1995
Reported in: AIR1995All396; (1995)2UPLBEC1282
ORDER1. The petitioners have approached this Court for issuing a writ of certiorari quashing the order dated 14-12-1994, Annexure 6 to the writ petition passed by the authorised controller. The authorised controller appears to be entrusted with the duties of conducting election. In the course of conducting the election the controversy arose before him was about 34 petitioners certain other persons, who are respondents whether they are members of the general body, life members entitled to participate in the election of the committee of management. The authorised controller by the impunged order arrived at a conclusion that 29 persons in the list are eligible to participate in the election as members of the general body and life members.2. The petitioner's grievance, as submitted before this Court, is that the authorised controller while examining 34 receipts, which were issued in their name, has wrongly discarded them to be the receipts for membership, which were in fact the receipts of...
Tag this Judgment!Sita Devi and Etc. Vs. Additional Commissioner, Agra Division, Agra an ...
Court: Allahabad
Decided on: Apr-26-1995
Reported in: AIR1996All75
ORDER1. Both the writ petitions, namely, Civit Misc. Writ Petition No. 11460 of 1988 (Sita Devi v. Additional Commissioner, Agra Division, Agra and others) and the other Civil Misc. Writ Petition No. 3472 of 1988 (Harendra Pal Singh v. Additional Commissioner, Agra Division, Agra and others) are taken up for final hearing, in the presence of learned counsel for the parties.2. Sri Yatendra Singh, learned counsel appearing in the first writ petition (Sita Devi v. Additional Commissioner Agra Division, Agra and others) placed the following facts for consideration of this Court:--Writ Petition is directed against the appellate order passed by the Additional Commissioner, Agra Division, Agra, being respondent No. 1 dated Feb. 25, 1988 and dated March 17, 1986 arising out of the order passedby the prescribed Authority (Ceiling), Agra being respondent No. 2.3. By the aforesaid two impugned orders, the aforesaid respondents have declared 16 bighas 2 biswas and 19 biswansi land 'as surplus' in ...
Tag this Judgment!Rajendra Singh and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Apr-26-1995
Reported in: AIR1995All430
ORDER1. The petitioners are parents of students studying in Jawahar Navodaya Vidyalaya, Meja Khas, Allahabad. The Jawahar Navodaya Vidyalaya is an educational institution run under the Scheme formulated by the Ministry of Human Resources Development, Department of Education, New Delhi. The institution is purely a residential institution when the students are admitted after competition to class VI standard. The meritorious students, who succeed in the examination and are admitted to the institution, get all assistance of free lodging, boarding and education.2. The teachers and staff of the institution are Government servants, who work under the supervision of the Ministry and the Deputy Director of Education Incharge Jawahar Navodaya Vidyalaya Samiti, Lucknow. It is said that the management of the local institution at Allahabad is under the chairmanship of the District Magistrate, Allahabad.3. According to the scheme and administration of the institution the students are required to mai...
Tag this Judgment!Girish Dhar Dwivedi Vs. District Inspector of Schools, Deoria and Othe ...
Court: Allahabad
Decided on: Apr-26-1995
Reported in: AIR1995All442
ORDER1. This petition is directed against the order of the D.LO.S. Deoha dated 22-9-1994, Annexure-7 to the writ petition, by which the D.I.O.S. accepted the Committee of Management in which Sri Parmanand Pandey on the basis of election on 28-10-1-993 was approved as valid Manager of the Committee of Management. It was also directed that Sri Pandey shall operate all the accounts of the institution except the students' funds. Prior orders passed by the D.I.O.S. were cancelled.2. The petitioner has annexed a copy of the judgment in Writ Petition No. 23830 of 1993, which was filed by the petitioner himself. By the said judgment dated 30-11-1993 the learned single Judge of this Court was pleased to observe that it was not necessary for the Court to traverse upon the question as to who should hold the Office of Manager inasmuch as the term of the Committee of Management admittedly constituted in July, 1990 had expired. The affairs of the college are to be managed by the duly constituted Com...
Tag this Judgment!Leather Trends (Pvt.) Ltd. Vs. Commissioner of Income-tax and anr.
Court: Allahabad
Decided on: Apr-25-1995
Reported in: (1995)128CTR(All)453; [1995]215ITR690(All); [1996]84TAXMAN122(All)
A.P. Misra, J.1. Heard learned counsel for the petitioner and also learned standing counsel for the Revenue.2. In view of the exchange of affidavits in accordance with the rules of the court, the present writ petition is being disposed of finally at the stage of admission.3. The petitioner seeks quashing of the order dated January 20, 1994, passed by the Commissioner of Income-tax, annexure '9' to the writ petition and also to direct the said authority to pass fresh orders in accordance with law. It also seeks staying the assessment proceedings for the assessment year 1991-92.4. According to the case set up in the writ petition, the petitioner is a 100 per cent. export-oriented unit and is a private limited company dealing in the manufacture and export of leather goods. For the assessment year 1991-92, the petitioner made an application for extension of time on December 27, 1991, under Section 80HHC(2)(a) of the Income-tax Act, 1961, before the Commissioner of Income-tax. The total exp...
Tag this Judgment!Olympic Zippers Pvt. Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-25-1995
Reported in: 1995(79)ELT13(All)
ORDERA.P. Misra, J.1. Heard the learned counsel for the petitioner and Shri H.N. Shukla, learned counsel appearing for the respondents.2. The petitioner seeks release of seized goods which were made on 23rd August, 1994 and 14th September, 1994 provisionally.3. The petitioner earlier filed a writ petition being Civil Misc. Petition No. 895 of 1994 seeking quashing of this very seizure and also release of seized goods.4. Normally for the same relief a second writ petition is not maintainable. However, petitioner's contention is that this Court while disposing of the aforesaid writ petition had directed the respondents to pass order on the application for provisional release of petitioner's seized goods within a period of one month from the date of certified copy of the order was filed by the petitioner after giving him an opportunity. The said order having been served on respondents on 9-2-1995 but no order has been passed and the petitioner has been left with no other option but to see...
Tag this Judgment!Mahesh Kumar Shukla Vs. Principal, Ambika Pratap NaraIn Degree College ...
Court: Allahabad
Decided on: Apr-21-1995
Reported in: AIR1996All6
ORDER1. The petitioner has filed this writ petition challenging the order passed by the Principal of A.P.N. Degree College Basti. By the said order, the petitioner has been expelled from the said Degree College with immediate effect forever. The petitioner is said to have entered into the office of the Principal on 9-2-95, misbehaved with him, abused him and manhandled him, tore certain receipts and papers in his office. He was charged for indiscipline and for committing criminal act of misbehaviour, assault etc. A show cause notice was given after receiving the explanation submitted by the petitioner. The Principal was satisfied that the charges levelled against him were duly established and the explanation furnished was not acceptable and beyond the truth. After considering these facts, the order impugned was passed.2. The petitioner has approached this Court and the learned counsel for the petitioner urged that examination of L.L.B. part I is likely to commence next Monday. He submi...
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