Allahabad Court November 1996 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.
Smt. Jaya Raji Vs. Smt. Jinnatunnisha and ors.
Court: Allahabad
Decided on: Nov-30-1996
Reported in: (1997)1UPLBEC97
M. Katju, J.1. This writ petition has been filed praying for a writ of certiorari to quash the impugned order dated 7-9-1996 of the District Judge, Sidharth Nagar and the order dated 17-5-1996 passed by the Sub-Divisional Officer, Itwa, District Sidharth Nagar.2. Heard Sri R. C. Srivastava learned counsel for the petitioner and Sri Bhagwati Prasad Srivastava for the respondent No. 1.3. The facts of this case are that an election was held for the office of Pradhan of Gram Punchayat Madhwapur Kalan, Vikas Khand Khuniya-wan, Tehsil Itwa District Sidharth Nagar, and the petitioner was elected as Pradhan. The respondent No. 1 filed an election petition challenging the said election. This petition is still pending. True copy of the election petition is Annexure-1 the writ petition. True copy of the written statement filed by the petitioner is Annexure-2 to the writ petition. The respondent No. 2 passed an order of recount dated 19-7-1995 but this order was set aside by my judgment dated 7-8-...
State of U.P. and ors. Vs. Bhabul Singh and ors.
Court: Allahabad
Decided on: Nov-29-1996
Reported in: 1997ACJ1046
B.M. Lal and Bhagwan Din, JJ.1. Mr. P.K. Bisaria is heard on the question of condonation of delay in filing the appeal.2. Admittedly the appeal has been filed beyond 135 days of the period of limitation. While explaining the delay an application under Section 5 of the Limitation Act has been filed.3. It is contended that the Motor Accidents Claims Tribunal, Muzaffarnagar passed an award on 4.4.1996 against the appellants, State of U.P. and Ors. and an application for certified copy of the award was made on 10.4.1996. The certified copy of the award was delivered on 17.4.1996. However, the appeal is filed on 19.11.1996 and that is why the appeal became barred by limitation. Since the certified copy was delivered on 17.4.1996 the appeal could have been filed by 7.7.96 which was the last date of limitation.4. The explanation furnished for such a long delay is that official correspondence took time, but nothing has been brought on record to suggest the action taken by the officers of the a...
Gian Chand Bhatia Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Nov-28-1996
Reported in: (1997)61ITD24(All.)
1. This second appeal by the assessee challenges the levy of a penalty in a sum of Rs. 5,00,000 under section 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act' for brief) in respect of the assessment year 1988-89.2. Facts to be stated shortly and as are relevant for the proper adjudication of the present dispute are these : 3. The premises of the assessee were subjected to search on 11-8-1987.Same day a statement under sub-section (4) of section 132 of the Act was recorded, copy of which is available at pages 1 to 3 of the assessee's paper-book. Relevant part of this statement which has a direct bearing on the exigibility of penalty when translated in English runs as under : Going through the papers found out during the search I am disclosing the following incomes :-Rs. 6,50,000 Six Lakhs Fifty thousand in the form of F.D.R./IVP and not shown as income in the books.Rs. 1,50,000 in the form of investment in jewellery account.Rs. 1,25,000 in the form of house i...
Usha Breeco Limited, Hardwar Vs. Commissioner of Entertainment Tax, U. ...
Court: Allahabad
Decided on: Nov-28-1996
Reported in: AIR1997All255
ORDERK.A. Sharma, J.1. In pursuance of an agreement executed in 1974 between Municipal Board, Haridwar and the petitioner, the Idler has installed a plant of Cabinride Aerial Ropeway for carrying passengers from lower terminal station to upper terminal station, namely, temple of Godess Mansha Devi in Haridwar. The petitioner is accordingly transporting the passengers between Ihe two terminal stations on fixed charges. The Distl Magistrate, Huridwar issued an o.der dated 15-12-1992 under the U.P. Entertainment and Batting Tax Act, 1979 (hereinafter referred to as the Act) directing the petitioner to deposit the entertainment tax at the rate prescribed therein on the amount earned by it. The petitioner filed its objeelion against the said notice. Another notice dated 12-2-1993 was issued to the petitioner asking it to deposit the entertainment tax for the period from July, 1993 to November, 1993. Against the said notice the petitioner filed writ petition No. 635 (T) of 1993 before this C...
U.P. Financial Corporation Vs. A.S. Solvent Extraction Pvt. Ltd.
Court: Allahabad
Decided on: Nov-28-1996
Reported in: [1997]89CompCas729(All)
1. Shri Satish Chaturvedi appears for the appellant and Shri P. K. Singhal appears for the respondent. They are heard.2. This is a first appeal from the order dated September 20, 1995, whereby the trial court in exercise of its jurisdiction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908, granted injunction in favour of the plaintiff-respondent, A. S. Solvent Extraction Pvt. Ltd. restraining the U. P. Financial Corporation (hereinafter referred to as 'the Corporation') from executing the notice issued under Section 29 of the State Financial Corporations Act (hereinafter referred to as 'the Act').3. The brief facts leading to this appeal are as under :The respondent-plaintiff, A. S. Solvent Extraction Pvt. Ltd., has brought an action against the appellant-Corporation for permanent injunction seeking relief that the appellant-Corporation be restrained from executing the notice under Section 29 of the Act for making any payment of the loan amount or in lieu thereof d...
Dropdi Devi @ Dropa Devi Vs. Om Prakash
Court: Allahabad
Decided on: Nov-28-1996
Reported in: I(1997)DMC486
Binod Kumar Roy, J.1. This is wife's appeal under Section 19(1) of the Family Courts Act attacking the validity of the judgment and decree granting divorce.Facts :2. The relevant facts for the purpose of disposal of this appeal are in a narrow compass:The marriage between the parties was solemnised in March, 1982. The relationship, however, ceased to be cordial. According to the husband-respondent, the appellant deserted him, as a result of which on 30th July, 1988, he filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. His application was allowed by order dated 7.1.1991 against which no appeal was preferred. Despite the directions contained in the aforementioned order, the marital relationship between the parties could not be re-established. An attempt was made by him in that regard but it proved futile. Since the marital relationship was not established from 7.1.1991 till 17th January, 1992, hence his application seeking divorce.This app...
Sheo Shankar Singh Yadav Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-28-1996
Reported in: (1997)1UPLBEC462
B.S. Chauhan, J.1. The instant writ petition has been filed against the order dated 16-11-1995. Annexure 12 to the writ petition, by which the respondent No. 3 has confirmed the order of the respondent No. 4 dated 22-3-1993, Annexure 4 to the writ petition and two other orders dated 12-4-1998 and 30-11-1993, Annexures 5 and 9 respectively to the writ petition, have also been challenged as being consequential to the order dated 22-3-1993.2. The factual gamut of the case as revealed by the writ petition is that the petitioner was working as Forest Ranger and when he was posted in Lansdown-Pauri Garwal from 1986 to 1989, there was some complaint of irregularities and a preliminary enquiry was held against the petitioner. Subsequent thereto a regular enquiry was held and a charge-sheet was filed on 21-5-1991 which was duly served upon the petitioner. The enquiry report was submitted by the enquiry officer and the respondent No. 4 accepted the same vide order dated 22-3-1993 by which the pe...
Ajay Kumar Vs. Director of Higher Education and ors.
Court: Allahabad
Decided on: Nov-28-1996
Reported in: (1997)1UPLBEC337
R.A. Sharma, J.1. A Division Bench has referred the following question for decision by a Full Bench :Whether the U. P. Higher Education Service Commission has jurisdiction/power to transfer a teacher from one Degree College to another?2. Sri R. N. Singh, learned counsel for the petitioner has at the thresh hold submitted that the question, which has been referred to the Full Bench should be enlarged and reframed so as to include the question relating to the power of the Director, Higher Education, U. P. (hereinafter referred to as the Director) to transfer a teacher, because the petitioner in his writ petition has claimed relief for appropriate direction to both the Director and the U. P. Higher Education Service Commission (hereinafter referred to as the Commission) to transfer him from Shamli to Allahabad and even if the Commission is found to have no such jurisdiction the petitioner cannot get any relief even against the Director, because of the observations made in the order of ref...
Commissioner of Income-tax Vs. Champarun Sugar Works Ltd.
Court: Allahabad
Decided on: Nov-27-1996
Reported in: (1997)140CTR(All)493; [1997]225ITR863(All); [1997]93TAXMAN32(All)
1. At the instance of the Revenue, the Income-tax Appellate Tribunal referred the following question for the opinion of this court : ' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is legally correct in its opinion that personal allowance of Rs. 800 per month was includible in the basic salary for the purpose of computing the disallowance under Section 40(c)(iii) of the Income-tax Act, 1961 ?' 2. The assessee is a company, the head office of which is at Kanpur. The assessee-company, during the previous year relevant for the assessment year 1968-69, appointed Sri Gundu Rao on monthly cash remuneration of Rs. 2,950 including personal, entertainment, servants and bungalow maintenance allowance, etc. Apart from cash remuneration, he was allowed certain perquisites as well. The total remuneration paid to Sri Rao came to Rs. 43,500, the details of which are given below : Rs.1.Basic salary12,0002.Dearness allowance6,0003.Personal allowance9,6004.Entertainm...
Commissioner of Sales Tax Vs. Vijay Hosiery Factory
Court: Allahabad
Decided on: Nov-26-1996
Reported in: 1999(113)ELT410(All)
ORDERM.C. Agarwal, J.1. By this revision petition, the Commissioner of Sales Tax challenges an order dated 18th August, 1988, passed by the Sales Tax Tribunal, Allahabad Bench I, whereby it quashed a penalty of Rs. 31,351/- levied on the dealer-respondent under Section 10A read with Section 10(d) of the Central Sales Tax Act.2. I have heard Shri K.M. Sahai, learned Standing Counsel for the revisionist, and Sri Bharat Ji Agarwal, learned Counsel for the dealer-respondent.3. The dealer-respondent is a manufacturer of 'hosiery cloth' and 'hosiery goods' and is registered under the Central Sales Tax Act. In its application for registration, it mentioned the goods to be manufactured by it as 'manufacture of hosiery'. The same was mentioned in the certificate of registration granted to it and in the column meant for mentioning the goods that the dealer was entitled to purchase under Section 8 of the Central Sales Tax Act, the registration certificate mentioned certain machines.4. Same was th...
- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »