Allahabad Court December 1996 Judgments
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H.R. Sugar Factory Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-1996
Reported in: (1998)IIILLJ650All
R.K. Mahajan, J. 1. This is a writ petition filed by management-petitioner praying that a writ, order or direction in the nature of certiorari be issued quashing the interim award dated November 28, 1978 passed by the Labour Court, Bareilly (Annexure-5 to the writ petition) holding that the respondent is a workman within the definition of Section 2(z) of the Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter to be called as 'Act'). It is also prayedthat a writ of mandamus directing the law be also issued.2. The matter was stayed in the High Court in 1979. It appears that the petitioner, who was allegedly working as cane-inspector with the petitioner company, his services were terminated on February 16, 1975. He took up the matter to the Government and the Government considering it as an industrial dispute referred the matter to the Labour Court for decision. The Labour Court framed the following two preliminary issues :--1- D;k fookn ls lEcfU/kr Jfed Jh mes'k pUnznhf{kr mRrj izns...
Ved Prakash Karnwal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-1996
Reported in: (1997)1UPLBEC119
B.S. Chauhan, J.1. The petitioner, who had been 5 Registration Clerk, was appointed/promoted on officiating basis (as a stop gap arrangement) as a sub-registrar vide order dated 8-6-1996 contained in Annexure 5 to the writ petition. The terms of the appointment, promotion letter make it clear that the said promotion was only for a period of six months or till the regular selection is made, as per the provisions of U. P. Sub-registrar Service Rules, 1983 (hereinafter called as 1983 Rules) whichever is earlier. Another relevant condition of the promotion letter is that if the work the petitioner for a period of six months is found satisfactory, stamp duty and registration fee received is found 25 per cent over and above the last years' receipt, promotion may be renewed for a further period of six months. The petitioner has been reverted back to his original post of Registration Clerk vide order dated 6-12-1996 contained in Annexure 8 to the writ petition. Being aggrieved and dissatisfied...
H.S. JaIn and ors., Etc. Vs. Union of India (Uoi) and ors., Etc.
Court: Allahabad
Decided on: Dec-19-1996
Reported in: (1997)1UPLBEC594
B.M. Lal, B. Kumar and M. Katju, JJ.1. For the reasons recorded separately this court unanimously holds that the impugned Presidential Proclamation dated 17-10-1996 reimposing Presidential Rule under Article 356 of the Constitution of India in the State of Utter Pradesh subsequently approved by the Parliament is unconstitutional, issued in colourable excercise of powers and is based on wholly irrelevant and extraneous grounds and therefore, cannot be allowed to stand, consequently the same is hereby quashed.2. However, to avoid any constitutional dead-lock or crisis resultant to the quashing of aforesaid Proclamation, we direct, by applying the doctrine of prospective overruling, that this judgment shall come into operation with effect from 26-12-1996.B.M. Lal, J.1. The judgment delivered in Writ Petition Mo. 3129 (MB) of 1996, shall govern disposal of all the six writ petitions filed in the shape of Public Interest Litigation challenging the constitutional validity of the Proclamation...
Maharishi Institute of Creative Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Dec-18-1996
Reported in: (1997)62ITD169(All.)
1. The appeal for asst. yr. 1991-92 has been filed by the Department, whereas the appeal for asst. yr. 1993-94 has been filed by the assessee. The issue is the same and, therefore, the two appeals are being disposed of by a common order.2. For asst. yr. 1991-92, the assessee filed a return as an AOP/trust showing nil income. It was claimed that the income was exempt under s.10(22) of the Act as an educational institution existing solely for educational purposes. An auditors' report under s. 12A(b) of the Act was enclosed along with the income and expenditure account and balance sheet.3. In the course of the hearing, a copy of memorandum of association was filed according to which the objects of the society were as under : "(i) To propagate and apply the science of yoga through the science of creative intelligence and its practical aspect the transcendental meditation (also abbreviated as TM) and TM-sidhi programme as propounded by his Holiness Maharishi Mahesh Yogi. (ii) To fulfil the...
Sahab Ram Vs. Banarsi (Since Deceased) and Represent by Lrs.
Court: Allahabad
Decided on: Dec-18-1996
Reported in: AIR1997All222
1. This appeal has been filed by the plaintiff impugning the judgment and decree passed bv Vth Additional District Judge, Bulandshahr allowing Civil Appeal No. 19 of 1979 filed by the defendant-respondent whereby the suit filed by the appellant, being Suit No. 188of 1972 was dismissed.2. In brief, the facts are that the plaintiff is purchaser of land in suit from one Ram Chandra who was its admitted owner. Prior to the transfer of the land in favour of the plaintiff-appellant Ram Chandra had granted a licence to the defendant for use of the land in suit as his Sahan for the period of his entire life. Licence was granted vide a writtten document, which is Ex. A-2, having been executed on 9-12-1962. Ram Chandra subsequently, however, transferred the said land in favour of the plaintiff-appellant vide sale deed dated 6-3-1964. The suit was filed thereafter by the plaintiff seeking injunction against the defen-dant for restraining him to interfere in his possession and for demolition of a ...
Ramapati Singhania (Legal Heir of Late Gopal Krishna Singhania) Vs. Co ...
Court: Allahabad
Decided on: Dec-18-1996
Reported in: (1997)139CTR(All)210; [1998]234ITR655(All); [1998]97TAXMAN36(All)
1. The petitioner is a legal heir of the late Sri Gopal Krishna Singhania, who, it is stated, died on January 3, 1980. On the return filed by the petitioner disclosing the net value of the estate at Rs. 74,90,302, the First Assistant Controller of Estate Duty, Bombay, provisionally assessed the demand under the Estate Duty Act, 1953, at Rs. 53,38,373 which the petitioner was required to pay, being the accountable person of the deceased. It is said that in order to liquidate the said demand certain equity shares of the face value of Rs. 1,29,276 which formed part of the estate of the deceased, were sold for a total consideration of Rs. 52,84,710. The sale of equity shares resulted in a long-term capital gain of Rs. 51,55,434 and after claiming certain statutory deductions a return of net income at Rs. 34,55,150 was filed by the petitioner for the assessment year 1981-82. It is said that a sum of Rs. 17,945 under the self-assessment was also deposited in respect of the returned income af...
Rajeev Ratan Vs. Commissioner of Income-tax/Wealth-tax and anr.
Court: Allahabad
Decided on: Dec-18-1996
Reported in: [1997]225ITR997(All)
1. Heard learned counsel for the parties.2. By the impugned order of December 12, 1986 (annexures '5' and '6' to the writ petition), relating to income-tax and wealth-tax for the consecutive assessment years 1983-84 to 1985-86, the Commissioner in view of Section 273A of the Income-tax Act, 1961, and Section 18B of theWealth-tax Act, 1957, analogous to Section 273A of the Income-tax Act, held that the returns for the assessment years 1983-84, 1984-85 and 1985-86 were furnished before the notices under Sections 139(2) and 148 of the Income-tax Act and analogous notices under the Wealth-tax Act, were issued ; that the assessments were completed for the said assessment years both under the Income-tax Act and the Wealth-tax Act on the basis of the returns voluntarily filed by the assessee and that the assessee fully cooperated with the Departmental authorities in the assessment proceedings. Having held so, the Commissioner reduced the penalty and interest to the extent of 50 per cent. both...
Kumari Abha Mishra and ors. Vs. District Basic Education Officer and o ...
Court: Allahabad
Decided on: Dec-18-1996
Reported in: (1997)1UPLBEC362
A.N. Gupta, J.1. The petitioners of writ petition No. 2078 (M/S) 96 had appeared for admission test held for B. T. C. Course for Faizabed District this year. They had been declared unsuccessful whereas the petitioners of other connected writ petitions were declared successful. The petitioners of writ petition No. 2078 (M/S) of 1996 filed writ petition with the allegatitions that the petitioners of connected writ petitions are related to Educational authorties or employees of Faizabed District and, therefore, they were shown undue favour in the examination of answer books. The details of the relationship ware also given in the writ petition. By means of interim order dated 16-10-1996, it was directed that the answer books of all the petitioners shall be re-examined by the Principal of Government Girls Intermediate College, Lucknow/which shall be re-evaluated either by Principal, Gover-meni Girls Intermediate College herself or any teacher nominated by her. Accordingly, the answer books ...
State of Uttar Pradesh and anr. Vs. 3rd Additional District and Sessio ...
Court: Allahabad
Decided on: Dec-18-1996
Reported in: 1997CriLJ3021
G.S.N. Tripathi, J.1. This is a revision Under Section 397 Cr.P.C. against the order dated 15-3-94 passed by the IIIrd Addl. Distt. & Sessions Judge, Kanpur Dehat, whereby the learned IIIrd Addl. Distt. & Sessions Judge has rejected the application Under Section 321 Cr. P.C. seeking withdrawal from the prosecution of the accused in more than 55 cases, including murder, dacoity etc. It was alleged that atrocities have been committed upon her and members of her family by the persons belonging to upper castes and she was also a victim of gang rape, which drove her to adopt a life of crime. This criminal past is the cause for a large number of criminal cases for offences of dacoity, murder etc, against her in the States of Uttar Pradesh, Madhya Pradesh and Rajasthan. It was further alleged that she had surrendered on certain terms and conditions offered to her by the Government of Madhya Pradesh. Those terms included inter alia, that (a) she would be released from the custody after 8 years...
Smt. Kamlesh Vs. State of U.P.
Court: Allahabad
Decided on: Dec-18-1996
Reported in: 1997CriLJ3191
B.K. Sharma, J.1. This is an appeal against the judgment order dated 15th July, 1976 by M. Wahaj Uddin, the then Sessions Judge, Agra in S.T. No. 567 of 1979, State v. Smt. Kamlesh, whereby he convicted the accused-appellant of the offence under Section 304-A, I.P.C. sentenced her to suffer simple imprisonment for a period of six months. The deceased in this case Smt. Saroj Devi was the wife of Sri Sukhdeo Sharma who was A.I.O.. Agriculture posted at Shamshabad. Smt. Kamlesh, the accused-appellant is the wife of Salish Chand Gautam son of Shri Sukhdeo Sharma and the deceased. They all lived together in one house in the Block campus along with Sanjeev Kumar, younger brother of Satish Chand Gautam. The occurrence took place in the night between 23rd and 24th December, 1978 at about 1.15 a.m. Shri Sukhdeo Sharma, father-in-law of the accused-appellant was away on training at Kanpur in the days of occurrence. The deceased Smt. Sarojdevi received fire-arm injury on her person. The size of t...
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