Allahabad Court March 1996 Judgments
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Natraj Chhabigrih, Sigra Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-22-1996
Reported in: AIR1996All375
ORDERA.P. Misra, J.1. A Divisional Bench has referred for reconsideration, a decision of earlier Division Bench in Civil Misc. Writ Petition No. 1190 of 1994 (Kamla Palace v. Stale of U. P.) decided on 10th July, 1995, in view of the decision of the Supreme Court in : [1995]1SCR256 (State of Bihar v. Sachidanand Kumar Prasad Sinha). In Kamla Palace (supra) this Court held proviso to sub-section (1) of Section 3-A of the Uttar Pradesh Entertainment & Betting Tax Act, 1979 (hereinafter referred to as 'the Act') and the Government Orders issued thereunder as ultra vires.2. Short facts are, Uttar Pradesh Legislature by way of Uttar Pradesh Entertainment & Betting Tax (Amendment) Act, 1992 (U.P. Act No. 14 of 1992), published on 11th April, 1992, introduced amendment in Section 3-A of the Act, which authorised the proprietor of a Cinema to realise an extra charge of twenty-five paise per ticket for admission to be utilised for maintenance of the cinema premises. But by proviso excluded the ...
Madhav Sharan Agrawal Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Mar-20-1996
Reported in: [1996]221ITR809(All)
1. This writ petition has been filed against the impugned order dated December 8, 1993, passed by the Commissioner of Income-tax, Agra, transferring the cases of the petitioner from the file of the Income-tax Officer, Mathura, to the Assistant Commissioner, Circle 3(4), Kanpur, under Section 127 of the Income-tax Act, 1961.2. We have heard Shri Rakesh Agarwal, for the petitioner, and learned standing counsel, for the Department.3. Learned counsel for the petitioner urged that the impugned order was passed without giving opportunity of hearing to the petitioner and without giving reasons. We are not in agreement with this submission, since annexure-1 to the petition is a notice giving opportunity of hearing to the petitioner. The notice itself mentions the reason of transfer, namely, that it is proposed to centralise the cases of all the stock brokers, which, in our opinion, is a good reason.4. Learned counsel for the petitioner further submitted that the petitioner has now stopped the ...
Vishnu Kumar Baghel Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-20-1996
Reported in: [1996]221ITR738(All)
1. Heard Shri Rakesh Agarwal and Shri V.K. Pandey for the assessee and learned standing counsel for the Department.In this case, three questions have been sought to be referred to us for our opinion under Section 256(2) of the Income-tax Act, 1961. On the facts and circumstances of the case, we are of the opinion that question No. 1 which is as follows is a question of law which deserves to be referred :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the order passed by the Income-tax Officer under Section 154 was justified and in accordance with law when the matter was arguable and there was no mistake apparent on the record 'Question No. 1 covers questions Nos. 2 and 3 hence those questions need not be called for. Hence, we direct the Income-tax Appellate Tribunal to prepare a statement of the case and refer the aforesaid question for, our opinion.2. Application is allowed....
Shravan Pal Singh Vs. Pooran Nath Goswami
Court: Allahabad
Decided on: Mar-20-1996
Reported in: 1997ACJ901; [1996(74)FLR1853]; (1998)IIILLJ963All
B.K. Roy and N.B. Asthana, JJ.1. This appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 against the following order dated November 20, 1995 of the Deputy Labour Commissioner, Kumaon Region, Haldwani, Di strict Nainital passed on an application dated November 15, 1995 filed by the appellant for recalling the ex-parte order dated February 16, 1994:'Rejected because R.C. already issued on January 12, 1995'2. Sri Rajesh Tandon, learned counsel for the appellant, contended that this appeal has been filed in view of an order dated January 12, 1996 passed by a learned single Judge of this Court in appellant's Civil Misc. Writ petition No. 1464 of 1996, as contained in Annexure-2, the relevant part of which runs as follows :'Heard counsel for the petitioner. Since the petitioner has an alternative remedy to file appeal under Section 30 of the Workmen's Compensation Act, 1923, I do not find it a fit case for interference. Learned counsel for the petitioner, howe...
Rajendra Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Mar-20-1996
Reported in: 1997CriLJ1120
N.L. Ganguly, J.1. The appellant Rajendra Kumar filed this appeal against the judgment and order dated 7-8-1980 convicting him under Section 302, I.P.C. and sentencing him imprisonment for life by the Court of Session, Kanpur.The appellant Rajendra Kumar was married about 3 1/2 years ago from the date of the incident with Smt. Asha Devi. Asha Devi's father's name is Ram Bali Gupta P.W. 1 and mother's name is Smt. Vijai Lakshmi P. W. 2. A son was born 1 1/2 years after remarriage but died alter some time. A daughter was also born thereafter to her, who was alive at the time of the incident. The appellant Rajendra Kumar was a man of suspicious nature. His behaviour towards his wife Smt. Asha Devi was not good. He used to beat her off and on and also threatened her. It is said that once the appellant had tied a Dhoti around her neck and hanged her but when her tongue protruded out he brought her down. The father of the deceased was called and she was sent with him. It has come in evidence...
Ram Bhajan and Another Vs. Abdul Rahman and Others
Court: Allahabad
Decided on: Mar-19-1996
Reported in: AIR1997All17
1. This second appeal under Section 100 Code of Civil Procedure is directed against the judgment and decree dated 22-5-1975 passed by the IInd Addl. District Judge, Fatehpur, in Civil Appeal No. 61 of 1974 whereby the learned first appellate Court had reversed the judgment and decree dated 20-4-1974 recorded in Original Suit No. 493 of 1970 passed by the Additional Munsiff, Fatehpur. The aggrieved plaintiffs have preferred this appeal.2. The suit of the plaintiffs was filed for a property which was adilapidated house described as a bagar. There was no dispute concerning the identity of the land. The plaintiffs claimed the same as owners in possession and made a prayer for a perpetual injunction against the defendants for restraining them from interfering with the possession of the plaintiffs. As an alternative measure, the plaintiffs claimed relief of possession in case they were found to be out of possession.3. The defendents, on the other hand, claimed that it was their bagar lying c...
Khajanchi Paper Mills (P.) Ltd. Vs. Commissioner of Income-tax and anr ...
Court: Allahabad
Decided on: Mar-18-1996
Reported in: [1996]221ITR694(All)
1. This writ petition has been filed against the impugned show-cause notice dated March 7, 1996, issued under Section 263 of the Income-tax Act, 1961, by the Commissioner of Income-tax, Kanpur.2. The Supreme Court in the case of Executive Engineer, Bihar StateHousing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 ; [1995] 8 JT 331 (SC), has held that the High Court should not interfere against the show-cause notices. 3. The writ petition is dismissed on the ground of alternative remedy of showing cause....
Shree Baidyanath Ayurved Bhavan Ltd. Vs. Government of Uttar Pradesh a ...
Court: Allahabad
Decided on: Mar-18-1996
Reported in: [1996(74)FLR1951]; (1998)IIILLJ646All
R.K. Mahajan, J.1. By this petition, the petitioner seeks a writ, order or direction in the nature of mandamus directing the State Government, Respondent No. 1, to publish the award given by the Industrial Tribunal (I), Allahabad in Adjudication case No. 27 of 1984 in the matter of dispute referred to it for adjudication by order of reference dated October 1, 1984.2. Briefly, the facts of the case are that there was a dispute pending between employer Ramsey Pharma Private Limited, Naini, Allahabad and their union of workmen. An order of reference was made by the Government on October 1, 1984 contained in Annexure-I to the writ petition. Although the reference was made by theGovernment to the Industrial Tribunal, Allahabad for adjudication of the disputes, the parties were continuing their bilateral negotiations and on October 14, 1984, they arrived at an amicable settlement resolving all their pending disputes including the four items referred for adjudication by order of reference, as...
The Administrator General Vs. Vinod Bhushan Alias Kamal NaraIn and Oth ...
Court: Allahabad
Decided on: Mar-15-1996
Reported in: AIR1996All350
ORDER1. By means of this petition the Administrator General, Uttar Pradesh, Allahabad (the petitioner in short) has prayed for the grant of Letters of Administration in respect of the estate of one Kishan Narain since deceased.2. Briefly stated the facts as set out in the petition are that one Kishan Narain son of late Sita Ram Vishya resident of village Sadabad district Muthura executed a registered Will dated 14-8-1933 by which he created a public trust under the name and style of 'Babu Ram Kishan Narain Omar Vaishya Trust' and appointed one Managing Trustee, a Vice Managing Trustee and some other Trustees, for managing the said trust as per the directions given in the Will. Kishan Narain (Testator in short) died in the year 1934. Complaints were received from some residents of the village that the trust created by the deceased testator has failed in its purpose and the assets are being mis-appropriated, alienated and wasted by the sons of the erstwhile manager of the trust namely Sa...
Rati Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-14-1996
Reported in: 1997CriLJ1525
N.L. Ganguly, J.1. Criminal appeal. No. 115 of 1980 has been preferred by Rati Ram and 1 others while Criminal Appeal-No. 1011 of 1980 has been. preferred by Rati Ram alone as Jail appeal on behalf against the judgment passed by Sri H, C. Shukla. V Addl. Sessions Judge, Hamirpur dated 20-11 -1979, convicting Rati Ram under Section 302, IPC and sentencing him to imprisonment for life and convicting Murlidhar and Chhakki Lal, appellant Nos. 2 and 3 under Section 323 read with Section 34 IPC sentencing them to six months R. I. Both the appeals are connected;2. The prosecution case is that on 9-6-1978 at about 12 a.m. Ghana Ram's Daughter-in-law Smt. Kirti and daughter Smt. Kasturi were, talking both at Sunder Lal's well. Ghane Ram's son Murlidhar went to the well with his bullocks to make them drink-water. A puppy also went with Murlidhar, appellant. Murlidhar, appellant No. 3 was taking bath at the well. The puppy barked at Murlidhar, appellant. Murlidhar s/o Ghane Ram beat the puppy. Th...
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