Allahabad Court August 1996 Judgments
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Ram Lal Sunaja Vs. Commissioner of Wealth-tax and anr.
Court: Allahabad
Decided on: Aug-13-1996
Reported in: (1997)140CTR(All)471; [1997]224ITR109(All); [1997]92TAXMAN119(All)
1. By this writ petition, under Article 226 of the Constitution of India, the petitioner challenges the order dated December 29, 1983, passed by respondent No. 1, whereby the Commissioner of Wealth-tax, Lucknow, rejected the petitioner's application for waiver or reduction of penalties leviable under Section 18(1)(a) of the Wealth-tax Act, 1957, for the assessment years 1975-76, 1976-77, 1977-78 and 1978-79. The petitioner has also prayed for a direction to respondent No. 1 to deal with the application of the petitioner under Section 18B of the Act, in accordance with law.2. We have heard Sri A.M. Mahajan, learned counsel for the petitioner, and Sri Ashok Kumar, learned counsel for the Revenue.3. The petitioner filed returns of wealth for the assessment years 1974-75 to 1978-79 on December 22, 1979. All the returns were, thus, delayed and attracted penalty under Section 18(1)(a) of the Wealth-tax Act (hereinafter referred to as 'the Act'), at the rate of two per cent. of the assessed t...
Javed Akhtar Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-12-1996
Reported in: 1997CriLJ2274
N.L. Ganguly, J.1. This Habeas Corpus Petition has been filed by the petitioner with a prayer to quash the Order of detention of the petitioner passed by the District Magistrate, Kanpur Nagar under Section 3(2) of the National Security Act. Annexure No. 1 to the Writ Petition was presented before the Court. The Division Bench granted time to the State Counsel to file the counter affidavit. The counter affidavit of Sri Harbhajan Singh,. District Magistrate, Kanpur Nagar and of Sri Banshi Dhar Pandey, UDA in the Confidential Section 6, U.P. Secretariate, Lucknow and affidavit of Sri O. I. Singh, Dy. Jailor, Kanpur Nagar were filed. After the counter affidavits of the District Magistrate and the State Government, the petition was admitted on 5-4-96. The notice was issued in this case to the Union of India through Secretary, Ministry of Home Affairs Government of India who is also opposite party and the Unions Standing Counsel had received for them. No counter affidavit on behalf of the Un...
Commissioner of Income-tax Vs. Nand Lal Jagdish Prasad
Court: Allahabad
Decided on: Aug-09-1996
Reported in: (1997)137CTR(All)488; [1997]226ITR312(All); [1997]92TAXMAN612(All)
M.C. Agaewal, J.1. In pursuance of the directions of this court under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, New Delhi, has referred the following question for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the orders under Section 186(1) of the Income-tax Act, 1961, passed by the Income-tax Officer for the assessment years 1968-69 to 1976-77 ?'2. We have heard Sri Shekhar Srivastava, learned standing counsel for the Commissioner of Income-tax, and Sri S. P. L. Srivastava, learned counsel for the assessee-respondent.3. The matter relates to the assessment years 1968-69, 1969-70, 1970-71, 1971-72, 1972-73, 1973-74, 1974-75, 1975-76 and 1976-77. The assessee is a partnership-firm that was constituted through a partnership deed dated March 15, 1967. There were three adult partners and one Laxmi Kant, a minor, was admitted to the ...
Dilip Kumar Vs. Luxmi Devi
Court: Allahabad
Decided on: Aug-09-1996
Reported in: I(1997)DMC29
S.K. Phaujdar, J.1. This application under Section 115, C.P.C. Ts directed against an order dated 4.7.1996 of the Judge, Family Court, Kanpur Nagar, in Case No. 61 /70 of 1996. It appears mat in a proceeding under Section 25 of me Guardians and Wards Act for custody of me child of the parties, the Family Court has issued a search warrant under Section 97 of the Cr. P.C. and compelled me production of minor Aditya Kumar, a 2 years old son of the parties. By the impugned order the Family Court had entrusted the interim custody of the boy with his mother Smt. Luxmi Devi the present opposite party, who has me applicant before the Family Court. He further directed that me claim of the parties would be heard on31.7.1996 on which date Smt. Luxmi Devi was to produce the boy in Court.2. It was submitted mat the Court had no jurisdiction to cause production of the boy by a warrant under Section 97, Cr.P.C. and the order was one under Section 12 of the Guardians and Wards Act and it would be a fi...
Rajeshwari Devi Vs. Laxmi Devi and ors.
Court: Allahabad
Decided on: Aug-08-1996
Reported in: II(1996)DMC712
S.K. Phaujdar, J.1. This second appeal is at the instance of one of the defendants in a suit for partition. The concerned suit was brought by Ramshree Devi, widow of Devi Prasad and the suit was registered as Suit No. 34 of 1977 and was heard by the Second Additional Civil Judge, AHgarh. The undisputed facts indicate that the suit-property originally belonged to Badri Prasad. After his death his son Devi Prasad and grand-son Ramesh got the property in equal shares as surviving co-sharers of a coparcenary property.2. It was case of the plaintiff that she was a widow of Devi Prasad, while Ramesh was the son through a pre-deceased wife of Devi Prasad. It was stated that due to dispute between, the father and the son regarding management of the suit-property they had agreed in writing for separate possession of different parts of the property. It was stated that there was no partition by rretes and bounds and only separate management of the property was agreed upon. Devi Prasad executed a ...
Rashid Aziz Vs. State of U.P.
Court: Allahabad
Decided on: Aug-08-1996
Reported in: 1997CriLJ977
G.P. Mathur, J.1. The points involved in this bunch of writ petitions is similar and therefore they are being disposed of by a common order.2. The three principal prayers made in the writ petitions are (1) that a writ of certiorari be issued for quashing the first information report dated 13-6-1996 which was registered as Case Crime No. 700 of 1996 under Sections 419, 420, 470 and 471, I.P.C. of police Station Coloneganj, Allahabad (2) that a writ of mandamus be issued commanding the respondents not to arrest the petitioners in pursuance of the aforesaid F.I.R. and (3) that a writ of mandamus be issued commanding the Senior Superintendent of Police, Allahabad not to compel the petitioners to deposit their weapons.3. From the short counter-affidavit filed by Sri Jagdish Prasad Yadav, Arms Clerk, Collectorate Allahabad in writ petition No. 2287 of 1996, it transpires that the Senior Superintendent of Police of another district namely Ambedkar Nagar sent a letter dated 5-4-1996 to the Dis...
Baijnath and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-08-1996
Reported in: 1997CriLJ1691
J.C. Mishra, J.1. The accused Baijnath, Sukh Lal, Phoolchand and Natthu were convicted under Section 302/34, I.P.C. and sentenced to life imprisonment by the 2nd Additional Sessions Judge, Jalaun at Orai in S.T. No. 74 of 1977. The informant, Bansilal (P.W. 1) is brother of the deceased Hiralal. They were sons of Gutai. Sisters of Natthu were married to the deceased Hiralal, accused Sukhlal and accused Baijnath. The accused Phoolchand happens to be sister's son of accused Natthu.2. The accused Natthu was married to Smt. Premwati alias Lalli (P.W. 5) and they lived together in Mohalla Chamanganj, District Kanpur. The father of accused Natthu was employed in Swedeshi Mill, Kanpur and he was maintaining his son, who had no source of livelihood. He died in the year 1969. After his death accused Natthu, who had no earning to meet day to day expenses was facing financial problems, which were aggravated by his habit of drinking and gambling. He started pressurising his wife Smt. Premwati to t...
Nitangali Prints and ors. Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Aug-07-1996
Reported in: [1998]94CompCas904(All)
S.K. Phaujdar, J. 1. At the instance of the plaintiff-opposite party a suit was filed before the Civil Judge, Farrukhabad, vide Original Suit No. 509 of 1987, against the present revisionists and one Gyan Prakash. It was stated that the first two revisionists had taken a loan from the State Bank of India and executed necessary documents therefor. It was further stated that defendants Nos. 3 to 5 (revisionists Nos. 2 and 4 and Gyan Prakash) stood guarantors for the repayment of the said loan by the first two defendants and to secure their guarantee they executed an equitable mortgage of their house in favour of the plaintiff-bank. A total sum of rupees two lakhs odd was due to the plaintiff towards the aforesaid loan and the plaintiff valued the suit for that sum and made a prayer for recovery of the sum from the defendants as also for a mortgage decree against defendants Nos. 3 to 5 and in case of their failure to pay a prayer was made for auction sale of the mortgaged property.2. The ...
Ghaziabad General Industries Pvt. Ltd. and anr. Vs. Appropriate Author ...
Court: Allahabad
Decided on: Aug-07-1996
Reported in: (1997)139CTR(All)29; [1997]227ITR884(All); [1997]92TAXMAN64(All)
1. By this petition under Article 226 of the Constitution of India, the petitioners challenge an order passed by the appropriate authority under Section 269UC of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by which the appropriate authority has expressed its inability to act upon the statement in Form No. 37-1 submitted to it.2. The petitioner, Ghaziabad General Industries Pvt. Ltd., holds 12,399.60 sq. metres of land bearing number A-6, site-IV Industrial Area, Sahibabad, under an agreement with the U. P. Small Industries Development Corporation and had constructed certain sheds thereon which were let out to Dabur India Limited. There was an agreement to sell the said property to Dabur India Limited for a consideration of Rs. 1,30,00,000. The requisite information in Form No. 37-I was submitted to the appropriate authority with a request to issue a no objection certificate. The learned appropriate authority has passed the impugned order recording its conclusion as...
Dileep Son of Chet Ram Saini Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-07-1996
Reported in: 1997CriLJ1709
N.L. Ganguly, J.1. The petitioner prayed for issuing a writ in the nature of Habeas Corpus commanding the respondents to release the petitioner at liberty and to quash the detention order dated 2-11-1995, Annexure-3 to the petition. The District Magistrate, Moradabad passed an order under Section 3(ii) of the National Security Act, 1980, hereinafter referred to as 'the Act', on the basis of an offence committed on 12-10-1995 in Mohalla Lal Bagh P. S. Mughalpura district Moradabad. It is alleged that an accident took place on 12-10-1995 when a Hindu girl Km. Gita Bhutani aged about 15 years was returning to her house from tution at about 9 p.m. a muslim scooter driver hit Km. Gita Bhutani on road near Lal Bagh. Her father Nathu Ram Bhutani got an F. I. R. registered at P. S. Mughalpura under Section 279/338, I.P.C. It is in the grounds of detention that the petitioner along with his associates started spreading false news and information, which resulted in instigating the communal feeli...