Allahabad Court September 1995 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income-tax Vs. Oil and Natural Gas Commission
Court: Allahabad
Decided on: Sep-12-1995
Reported in: [1996]217ITR816(All)
1. This is an application under Section 256(2) of the Income-tax Act, 1961, filed at the instance of the Revenue.2. We have heard Sri R.K. Agarwal, who appears for the Department, and Sri R.P. Dubey, for the assessee. It has been brought to our notice that similar questions, as formulated in this application, were the subject-matter of consideration before this court in Income-tax Application No. 100 of 1989--CIT v. Atwood Oceanices International, S. A., as agent of Mr. G. Brain, wherein the Tribunal was directed to make reference to this court. Following the said order, we are of the view that the following question of law arises out of the order of the Income-tax Appellate Tribunal :'Whether, on the facts and in the circumstances of the case, theIncome-tax Appellate Tribunal was legally correct, to hold that the salarypaid to the assessee for the off period outside India was not chargeableto the Indian Income-tax Act, 1922; in terms of Section 9(1)(ii) of the Income-tax Act, 1961 ?' ...
Bhagwati Prasad Tewari Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-12-1995
Reported in: (1996)IILLJ392All
D.K. Seth, J.1. In this writ petition, the petitioner has prayed for a mandamus commanding respondent No. 1 to refer the dispute between the petitioner and his employer to the Industrial Tribunal for adjudication under the Industrial Disputes Act, (hereinafter referred to as 'the Act') on the ground that the respondent had arbitrarily refused to make the reference under Section 10(1) of the Act.2. The Petitioner's case, inter alia, was that the petitioner was convicted in a criminal case. The appeal against the conviction was also dismissed. Consequently he had suffered the punishment of imprisonment. The services of the petitioner were terminated by letter dated July 12, 1974 on account of his conviction under Section 325 of the Indian Penal Code and sentenced to rigorous imprisonment for six months. In view of the provisions of Chapter XIX of the First Bipartite Settlement of October 1986 and Section 10 of the Banking. Regulations Act, 1949 without any notice. According to the petiti...
Commissioner of Wealth-tax Vs. Abdul Qayyam
Court: Allahabad
Decided on: Sep-07-1995
Reported in: [1996]217ITR414(All)
M.C. Agarwal, J.1. The Income-tax Appellate Tribunal (Delhi Bench 'B') has, under Section 27(1) of the Wealth-tax Act, 1957, referred the following question stated to be of law and to arise out of its order dated May 10, 1979, passed in W. T. A. No. 756/(Delhi) of 1977-78 for the assessment year 1967-68 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the penalty should be worked out on the basis of the law as it existed on the date when the return was due ?'2. We have heard Sri Rajesh Kumar Agarwal, learned counsel for the Revenue. No one appeared on behalf of the assessee.3. The question relates to the computation of penalty under Section 18(1)(a) of the Wealth-tax Act, 1957, for delay in the filing of the return of wealth. The return was due on June 30, 1967, but was filed on February 18, 1977. Till March 31, 1969, the penalty prescribed for delay in the filing of the return was two per cent. pe...
Zohra Khatoon and anr. Vs. Mohammad Ibrahim
Court: Allahabad
Decided on: Sep-07-1995
Reported in: I(1997)DMC670
A.N. Gupta, J.1. This case has a long chequered history concerning a Muslim wife who has not been able to get maintenance allowance inspite of the fact that she had moved an application for the purpose on 17th September, 1974 under Section 125 Cr.P.C. as would be clear from what follows.2. Mst. Zohra Revisionist No. 1 is the mother of Mohd. Ismail, Revisionist No.2. He was born of the wed-lock of Smt. Zohra and her husband Mohd. Ibrahim who is opposite party to the revision. She obtained a decree of dissolution of her marriage on 15.11973 under the provisions of Dissolution of Muslim Marriages Act, 1939. She filed a petition Under Section 125 Cr.P.C. on 17.9.1974 for grant of maintenance allowance for herself and for her son. Her husband resisted the petition on the ground that since the marriage had been dissolved by a decree of dissolution by Civil Court, she was not entitled to any maintenance allowance. This defence of the opposite party did not find favour with the Special Judicia...
G.D. Steels and Gases (Pvt.) Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Sep-06-1995
Reported in: 1995(80)ELT278(All)
ORDERM.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 16th June, 1995 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, North Regional Bench, New Delhi in Appeal No. 665/95-NRB whereby it rejected the petitioner's application under the proviso to Section 35F of the Central Excises and Salt Act, 1944 praying that the condition of pre-deposit of the dues be paid in respect of the said appeal preferred by the petitioner.2. I have heard Shri A.P. Mathur, Learned Counsel for the petitioner and Shri Shishir Kumar, learned Standing Counsel for Union of India.3. By an order dated 20-2-1995, the Collector, Central Excise, Meerut has levied a sum of Rs. 23,34,240/- as excise duty and has also imposed penalty of Rs. 8,00,000/- on the petitioner. In addition the Collector has ordered the confiscation of land, building, plant, machinery etc. of the petitioner with option to the petitioner. to get the same re...
Anugrah NaraIn Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-05-1995
Reported in: AIR1996All185; (1995)3UPLBEC1835
ORDER1. Sarvasri Anugrah Narain Sigh, Anil Kumar Yadav and Nisar Ahmad filed Writ Petition No. 38469 of 1994 for appropriate direction in the nature of mandamus commanding the State of U.P. to hold election of Local Self Government (Urban). After considering the earlier decisions of this Court and the facts and circumstances of the case, this Court directed the Government of U.P. to hold the election for constituting Nagar Panchayats, Municipalities and Municipal Corporations before July 31, 1995. As the Government could not hold election within the above period, it has moved an application supported by an affidavit in the third week of July, 1995, praying for extension of time to hold the election by November, 1995.2. We have heard Sri Rakesh Dwivedi, Additional Advocate General for Government of U.P. and Sri Ravi Kiran Jain, learned. Senior Counsel for the petitioners, who filed the writ petition.3. Sri Ravi Kiran Jain has opposed theextension of time on three grounds, namely, (i) it...
Tannary and Foot Wear Corporation Vs. T. Rudra, Chairman Cum Managing ...
Court: Allahabad
Decided on: Sep-05-1995
Reported in: 1996CriLJ1601
ORDERB.S. Chauhan, J.1. This Contempt petition has been filed by the applicant for initiating the proceedings under the provisions of the Contempt of Courts Act, 1971 (hereinafter referred to as'the Act'), on the allegations that the respondents have willfully defied the order dated 19th August, 1994, passed by this Court in Contempt Petition No. 521 of 1994. The factual matrix of the case, as revealed by the record, is that a dispute arose regarding the revision of the salaries of the employees of the Tannary & Foot Wear Corporation of India Ltd., a Government of India undertaking, (hereinafter called as 'the Corporation). The applicant filed writ petition No. 1744 of 1994 before this Court wherein the following interim order was passed on 4-1-1994 :-'Meanwhile, the respondents are directed to pay revised scale and arrears of salary to the petitioner since 1-8-1987 or to show cause before the next date of hearing.'2. The opposite party No. 1, Shri T. Rudra, Chairman of the said Corpor...
Amod Kumar Tripathi Vs. Smt. Raj Luxmi and anr.
Court: Allahabad
Decided on: Sep-01-1995
Reported in: I(1996)DMC227
R.N. Ray, J.1. Heard learned Counsel for the applicant and the learned A.G.A. It has been submitted applicant's wife prayed for maintenance for herself and her minor child. It is the admitted position that the applicant and his wife had some source of income though there was a challenge in the written argument and on that score no evidence was led. It also transpires, during the trial the husband applicant has two sons from his first wife (since deceased). The revisionist has income of Rs. 2000/- being a Class IV employee and he has two bighas of land. A suit for divorce is pending between the parties and an ad interim order of alimony to the tune of Rs. 500 /-per month was passed by the learned Judge in the matter of petition Under Section 24 of the Hindu Marriage Act and as such the wife has been receiving Rs. 500/- per month.2. The present revision petition has been directed against the judgment and order of the learned Court below upon contending that the learned Judge failed to ta...
Quddus Vs. State
Court: Allahabad
Decided on: Sep-01-1995
Reported in: 1996CriLJ3201
ORDERT.P. Garg, J.1. This revision by Quddus, applicant is directed against the judgment dated 23-11-1982 passed by Sri P. Dayal, Sessions Judge, Shahjahanpur in Criminal Appeal No. 288 of 1982, whereby the conviction of the applicant under Section 457/380 IPC recorded by Judicial Magistrate, Tilhar vide judgment dated 27-7-82 was maintained but the sentence was reduced from two years R.I. to one year's R.I. on each count.2. The accused-applicant along with two others was tried for offences under Sections 457/380 IPC on the allegations that on the night between 29/30 May, 1979, in Mohalla Bangash, within the circle of Police Station Kotwali, Shahjahanpur, he along with his companions tresspassed into the house of Nabbu Khan, complainant and committed theft of house hold property. The stolen property was recovered from his possession including some shirts, bush-shirts, salwar, jumpers, towel and other clothes, totalling nine in all.3. The prosecution examined as many as two witnesses. T...
- ‹ Prev
- 1
- 2
- Next ›