Allahabad Court May 1996 Judgments
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Banwari Paper Mills (P.) Ltd. Vs. Deputy Commissioner of Income-tax an ...
Court: Allahabad
Decided on: May-15-1996
Reported in: [1997]228ITR320(All)
1. Heard learned counsel for the petitioner and Sri Ashok Mobile for the respondents.2. In the assessment year 1989-90, the petitioner filed a return of loss of Rs. 66,72,700. The Deputy Commissioner of Income-tax (Assessment), Special Range, Moradabad, issued an intimation to the petitioner, a true copy of which is annexure 2 to the writ petition, in which certain adjustments have been made in the return and an additional income-tax under Section 143(1A) of the Income-tax Act, amounting to Rs. 1,09,022 was imposed. Even after the adjustment it remained a loss return.3. The submissions of learned counsel for the petitioner was that additional tax cannot be levied when there is a loss and for this the petitioner relied on a decision of this court in Indo-Gulf Fertilizers and Chemicals Corporation Ltd. v. Union of India : [1992]195ITR485(All) .4. Section 143(1A) of the Income-tax Act was introduced by the amendment to the Income-tax Act with effect from April 1, 1989. Under this amendmen...
K.L. Sharma Vs. K.G. Rastogi
Court: Allahabad
Decided on: May-15-1996
Reported in: 1997CriLJ2647
U.P. Singh, J. 1. This appeal has been filed under Section 19 of the Contempt of Courts Act, 1971, against the judgment and order dated 18-4-1994, passed by the learned Single Judge, whereby he held that prima facie criminal contempt has been made out.We have heard Sri S.N. Verma, Senior Advocate for the appellant and Sri M.N. Sharma for the opposite party.2. From the record of the case, it appears, that a retired District Judge was re-employed on yearly basis by the Government of U.P. in consultation with the High Court, as a Judge of the Family Court at Lucknow. In December, 1989 a new Government came into officer and took a policy decision to terminate all re-employments in the State. In pursuance of this uniform policy decision, the State Government also terminated the re-employment of the opposite party.3. The appellant was then working as the Judicial Secretary and Legal Remembrancer to the Government. The opposite party filed a Writ Petition in the High Court, challenging the te...
Bandhu Alias Bandhu Harijan and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: May-15-1996
Reported in: 1997CriLJ3010
K.C. Bharagava, J.1. All these appeals arise out of the same judgment and order dated 18-10-84 passed by the Sessions Judge, Gonda convicting all the appellants, named above, under Section 302 read with Sec. 34 I.P.C. and sentencing them to imprisonment for life. Hence all the appeals are being disposed of together by a common judgment.2. The prosecution case, stated in brief, is that the incident happened in the night of 23/24-1 -84 at 2 A.M. in which Salaruddin was done to death. The F.I. R. of this incident was lodged at 4.30 A.M. on 24-2-84. It is further alleged that Kaley Khan's descendants were Chhedi Khan and Salaruddin Khan. In the village there were two factions which stood opposed to each other. It is said that the deceased Salaruddin Khan had contested the election of Pradhan and won the same. Chhedi Khan had lost that election. Thus there was election enmity between the two. On the instigation of Cheedi Khan, the villagers made a complaint against Salaruddin Khan deceased,...
Smt. Vrinda Gujarati and Others Vs. Bareilly Development Authority and ...
Court: Allahabad
Decided on: May-14-1996
Reported in: AIR1997All107
ORDER1. These two writ petitions are being disposed of by an order as we would like to lay down the principle regarding the escalation of price with respect to the houses constructed by the Bareilly Development Authority and the U.P. Avas Evam Vikas Parishad.2. It is to be mentioned that social schemes for providing houses to various type of groups i.e. High Income Group (HIG); Middle Income Group (MIG) and Lower Income Group (LIG) have been evolved. The houses are constructed by the State functionaries after acquiring the land. Since the citizens are not able to construct the houses on account of so many factors, the State wants through its instrumentalities to construct developed planned colonies of houses at reasonable rate and also to fulfil the obligation to provide shelter, under the Constitution of India.3. The question which has been cropped up for consideration is that much lime is elapsed between the registration of the applications for allotment of houses and the actual cons...
Radhey Shyam and ors. Vs. District Judge and anr.
Court: Allahabad
Decided on: May-13-1996
Reported in: (1997)1UPLBEC287
R.B. Mehrotra, J.1. Chhotey Lal, Sweeper of the Court of Sambhal moved an application that he is drawing salary only of Rs. 150 per month. He has got four daughters and son. It is difficult for him to maintain himself and his family in the aforesaid meagre amount and prayed that he should be provided salary adequate to maintain himself and his family. This application was moved on my inspection visit to Moradabad on 6, 7 and 8-11-1995. A similar application was moved by Radhey Shayam, Sweeper-cum-Farrash of Thakurdwara outline court who made a grievance that he was being paid salary only of Rs. 185 per month.2. On both the aforesaid applications, I enquired and found that some Safai Karmacharis of the district courts had earlier made application to the effect that they should be provided minimum wages which are being paid to fourth class employees. The representation of the aforesaid Safai Karmacharis of the district courts was forwarded to the State Government.3. On the aforesaid repr...
Ram Komal Vs. Ivth Addl. District Judge and ors.
Court: Allahabad
Decided on: May-10-1996
Reported in: 1997CriLJ1673
ORDERB.K. Sharma, J.1. Heard learned counsel for the petitioner.2. The facts leading to this writ petition may be summarised as below :The police of police station Khaliabad, district Basti gave a report dated 23-5-1995, under Section 145 of the Cr. P. C. in respect of certain agricultural plots specified therein (Annexure No. 1) claiming that there was an apprehension of breach of peace between the parties and praying that action be taken under Section 145 Cr. P. C. and orders be passed under Section 146 Cr. P. C. The Sub. Divisional Magistrate, Khalilabad, District Basti passed a preliminary order on 9-6-1995 under Section 145(1) Cr. P. C. (Annexure No. 2). By the order the parties were called upon to appear on 21-6-1996 to file their written statement in respect of their claim of possession and also to adduce their oral and documentary evidence in respect thereof. Thereafter, the Sub-Divisional Magistrate passed an order dated 19-6-1995 (Annexure No. 3) (i.e. before the date fixed f...
Associated Switch Gears Pvt. Ltd. Vs. Cegat
Court: Allahabad
Decided on: May-10-1996
Reported in: 1997(89)ELT488(All)
ORDERK.L. Sharma, J.1. Heard Shri A.P. Mathur, learned counsel for petitioner and Shishir Kumar, learned standing counsel for respondents and perused the record. Both the counsels agree that this writ petition be finally disposed of at the admission stage as it does not involve any question for adjudication by this court.2. The petitioner had filed a Civil Misc. Writ Petition No. 483 of 1995, M/s. Associated Switch Gears Pvt. Ltd. v. Customs, Excise and Gold (Control) Appellate Tribunal and another, against the rejection of stay/waiver application by the respondent No.l in connection with the registration and hearing of the second appeal. This court was pleased to pass the following orders :-'Heard Shri A.P. Mathur learned Counsel for petitioner. Despite the receipt of notice of this writ petition the learned Additional standing counsel for the Central Government has not appeared. I have perused the writ petition. Respondents may file counter affidavit within four weeks. If counter aff...
Vikramaditya Pandey Vs. Industrial Tribunal Ii and anr.
Court: Allahabad
Decided on: May-09-1996
Reported in: [1997(75)FLR844]; (1998)IIILLJ349All; (1997)1UPLBEC517
D.K. Seth, J.1. The petitioner's case, inter alia, was that the petitioner was appointed on ad-hoc/temporary basis from time to time with the Respondent No. 2. His service was terminated with effect from July 19, 1985. No written termination order was felt necessary since his service was ad-hoc temporary. The termination was not the result of any punishment on account of misconduct. Therefore, the termination being termination simpliciter, amounts to retrenchment within meaning of Section 2 (s) of the U.P. Industrial Disputes Act (hereinafter referred to as the U.P. Act). Inasmuch as the petitioner was in continuous employment within the meaning of Section 2(g) of the U.P. Act and, as. such, is entitled to retrenchment compensation and one month's notice pay in lieu thereof. Neither any notice nor any notice pay in lieu thereof nor any retrenchment compensation was paid to the petitioner. Therefore, the termination was violative of Section 6-N of the U.P. Act read with Section 25F of t...
Misra R.P. Vs. U.P. Hill Electronics Corporation and ors.
Court: Allahabad
Decided on: May-09-1996
Reported in: (1998)IIILLJ762All
ORDER1. By means of the present petition the petitioner has challenged the order of removal from service dated December 17, 1993 received on December 22, 1993 contained in Annexure No. 31 to the writ petition. The petitioner further prays for a writ of Mandamus commanding the opposite parties to allow the petitioner to continue in service. Apart froin this the petitioner has also prayed for a writ of quo warranto against opposite party No. 4 challenging the authority and questioning the holding of post as Managing Director of U.P. Hill Electronics Corporation. At the time of arguments relief No. (a) writ of quo warranto was not pressed and, therefore, we are not considering the said relief while disposing of this Writ Petition. 2. The brief facts of the case are that the petitioner was appointed as Steno Typist in U.P. Electronics Corporation Ltd. (UPTRON) on July8, 1982. Initially he was kept on probation for one year but he was confirmed within six months. The petitioner thereafter w...
Virendra Sahney and Another Vs. District Officer/Collector, Manu and O ...
Court: Allahabad
Decided on: May-08-1996
Reported in: AIR1997All82
ORDERR. Dayal, J. 1. In this writ petition brought under Article 226 of the Constitution, primary question for consideration is whether the District Officer/ Collector has the jurisdiction to set aside and cancel his earlier order granting mining lease in favour of a person merely because the applications of certain others had not been considered at the time of granting the earlier lease as those applications were defective and no opportunity had been granted (o remove the defects.2. The Collector, Mau issued a nolice dated 24-4-1995 inviting applications for grant of mining lease under Chapter It of the U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred as the Rules). In pursuance of that notice, 26 applications including the two made by the petilioners were received by the Collector. By an order dated 5-7-1995 mining, leases were granted in favour of the petitioners. Accordingly, petitioner No. I was directed to deposit Rs. 3,21,300/- and petitioner No.2 Rs. 86,062.5...
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