Allahabad Court October 1997 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.
Chander Jeet Singh Vs. Vice-chancellor, Chowdhury Charan Singh Univers ...
Court: Allahabad
Decided on: Oct-14-1997
Reported in: (1998)2UPLBEC877
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus against respondent No. 2, the Principal J.V. Jain College, Saharanpur to direct him to admit the petitioner in the L.L.B. 3rd year course.2. The petitioner's case is that he was a regular student of the said college and having. passed the LL.B. 2nd year examination, he was entitled to be admitted to the 3rd year course. He submitted his application form on 24.12.1994, but the examination Committee refused to admit him. It is claimed that the action of the respondents in refusing admission is arbitrary. The Principal, respondent No. 2, has filed a counter affidavit sworn by Sri B.K. Mittal, Professor and Incharge of the Admission Committee. His contention is that the petitioner has been denied the admission because of his misbehaviour and involvement with anti-social elements. It is claimed that on 7.11.1994, a list of the students, whose presence in the college wa...
Commissioner of Income Tax Vs. Chittermal Purushottam Dass.
Court: Allahabad
Decided on: Oct-14-1997
Reported in: (1998)147CTR(All)404
OM PRAKASH, J. :At the instance of the Revenue, the Tribunal has referred the following question relating to asst. yr. 1975-76 for the opinion of this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that two separate assessments should be made for two periods i.e. 1st April, 1974 to 8th September, 1974 and 11th September, 1974 to 31st March, 1975 ?'2. The facts as found by the Tribunal are that one of the partners of the assessee firm, namely, Smt. Illachi Devi died on 8th September, 1974, and thereafter the remaining partners, namely, Shri Krishna Gopal and Shri Ram Gopal continued to carry on the partnership business. The assessee-firm, therefore, filed two returns one for the period from 1st April, 1974 to 8th September, 1974, and the other for the period from 11th September, 1974 to 31st March, 1975. The contention of the assessee was that the firm stood dissolved on the death of one of the partners. The ITO, however, t...
Commissioner of Income Tax Vs. Midlands (P) Ltd.
Court: Allahabad
Decided on: Oct-14-1997
Reported in: (1999)152CTR(All)310
ORDERBY THE COURT:By this application made under s. 256(2), the applicant requires us to direct the Tribunal to refer the following question for opinion of this Court :'Whether, on the facts and in t ' he circumstances of the case, the Tribunal was justified in deleting the penalty of Rs. 65,500 imposed under s. 271(1)(c) of the IT Act and holding that the assessee could not be subjected to charge of concealment of income as envisaged by the legislature in s. 271(1)(c)?'2. We have gone through the order of the Tribunal. The facts as found by the Tribunal are that the assessee- company engaged in the business of dealing in television and typewriter, etc., filed duly audited accounts under s. 44AB of the IT Act, 1961 (briefly, the Act). The due date for filing return under s. 139(1) of the Act was 30th June, 1985. Before the return could be filed, a special survey was conducted on 31st May, 1985, on the business premises of the assessee, Originally, the return was filed showing a loss of...
U.P. State Electricity Board, Allahabad Vs. V.J. Alexander
Court: Allahabad
Decided on: Oct-13-1997
Reported in: 1998(1)AWC481; (1997)3UPLBEC2036
S.R. Singh, J.1. U. P. State Electricity Board, in short the Board, through its Executive Engineer, Electricity Civil Construction Division, 57 George Town. Allahabad filed the instant special appeal against the judgment/order dated 27.10.1995 of learned single Judge rendered in Civil Misc. Writ Petition No. 1146 of 1988 filed by V.J. Alexander--the respondent herein--against the order dated 26.9.1987 of his removal from Board's service. The learned single Judge has quashed the order dated 26.9.1987 communicated to the writ petitioner vide letter dated 10.12.1987 with a direction that the petitioner be reinstated with all benefits.2. The events to which this appeal owes its advent to this Court stated briefly, with a view to appreciating the questions involved herein, are these : The respondent V.J. Alexander was placed under suspension vide order dated 8.10.1974 and served with charge-sheet on 5.4.1975 ; disciplinary proceeding, however, culminated in an order dated 5.5.1982 by the Di...
Harun and Brothers Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-13-1997
Reported in: 1998(1)AWC542
D.S. Sinha, J.1. Heard Sri Ramendra Astharta, learned counsel appearing for the petitioner and Sri Vinay Malaviya, learned standing counsel representing the respondents, at length and in detail. 2. M/s. Harun and Brothers. Timber Merchants. Mali Gate. Saharanpur, through its proprietor Mohd. Harun, is engaged in the business of wholesale purchase and sale of timber and firewood and in connection therewith, he has to move the timber and firewood into or from or within the State of Uttar Pradesh. In connection with the said movement by the petitioner, the respondents are insisting that the petitioner should obtain transit pass or pay therefor the prescribed fee. The petitioner feels aggrieved by the demand of the respondents. Hence this petition.3. From the perusal of the pleadings of the parties, it transpires that the demand of the respondents is in exercise of power conferred by the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 (hereinafter called the 'Rules'), ...
Posysha Industries Co. Ltd. Vs. Collector and ors.
Court: Allahabad
Decided on: Oct-13-1997
Reported in: (1998)1UPLBEC391
Aloke Chakrabarti, J.1. A recovery certificate dated 22.5.1996 under Section 3(1) of U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as Act of 1978) was issued and in pursuance of such recovery certificate and removal of goods from the petitioner's factory premises were challenged by this writ petition. By an application for amendment filed by the petitioner addition of three prayers were made for preparation of inventory of the goods and machines already removed and still remaining in the Factory premises of the petitioner, to open the Factory premises as and when required by the petitioner company and for preparation of an inventory of goods and machines removed from the factory premises and kept at and lying in the premises of certain named parties and for restoration of the said goods.2. The relevant factual background of this case is that the petitioner applied for rehabilitation of the Company as a sick industry before the Board for Industrial a...
Hindustan Glue and ZiletIn Factory Vs. State of U.P.
Court: Allahabad
Decided on: Oct-13-1997
Reported in: 1998CriLJ1087
S.R. Singh, J.1. Criminal Revision No. 1389 of 1993 and the other connected revision petitions aforestated, stem from identical orders of Sub-Divisional Magistrate, Hapur Distt. Ghaziabad under Section 138 of the Code of Criminal Procedure, 1973. Criminal Revision No. 1389 of 1993 is directed against the order dated 18-9-1993 of the Sub-Divisional Magistrate, Hapur District Ghaziabad, passed in Criminal Case No. 15 of 1992, thereby making an earlier order under Section 133, Cr.P.C. absolute. Similar orders followed in other connected revision petitions. These revision petitions as initially instituted, were cognizableby a Single Judge Bench but subsequently, as a result of the order dated 22-1-1997 passed in Civil Misc. Writ Petition No. 27299 of 1996 by Division Bench of this Court, these were directed to be listed alongwith the said writ petition and it is in this conspectus that the matter come up before the Division Bench.2. The arguments were canvassed on 22-7-1997, 24-7-1997, 31-...
R.P. Singh Baghel Vs. City Magistrate/Election Officer, Allahabad Dist ...
Court: Allahabad
Decided on: Oct-05-1997
Reported in: 1998(1)AWC503; (1998)1UPLBEC20
D.P. Mohapatra, C.J. 1. On consideration of the application filed by Sri S. M. A. Qazmi, learned counsel for the petitioner, with the prayer to take up the case during the vacation since the matter is extremely urgent, an order was passed that the case will be taken up by us today. Accordingly notice was given to the learned counsel for both the parties. We have heard Sri S. M. A. Qazmi for the petitioner, Sri Vinod Misra, Chief Standing Counsel, for respondents 1 and 4 and Sri Triloki Nath and Sri D. P. Singh for respondent 3.2. R.P. Singh Baghel has filed this writ petition seeking quashing of the final voters list dated 1.10.97 issued by the City Magistrate/Election Officer. Allahabad District Co-operative Bank Ltd., Allahabad, respondent No. 1 so far as it relates to constituencies No. 1 (Annexure 13 to the writ petition), 2 (Annexure11), 3 (Annexure 8), 4 (Annexure 7), 6 (Annexure 5A), 8 (Annexure 12), 9 (Annexure 10) and 12 (Annexure 9). The voters list was prepared for the elect...
Manoj Kumar and ors. Vs. Civil Judge (Junior Division) and ors.
Court: Allahabad
Decided on: Oct-01-1997
Reported in: (1997)3UPLBEC1767
M. Katju, and J.C. Mishra, JJ.1. The facts of this case discloses a shocking state of affairs relating to the judiciary. It appears that suit No. 903 of 1970 was filed before the Munsif, Deoria in 1970 which was decreed on 29-2-1980. Against that judgment an appeal was filed which was dismissed on 10-3-1983 and it is alleged that no further appeal was filed against the order of the learned District Judge dated 10-3-1983. Thereafter an execution application being Execution Case Mo. 70 of 1990 was filed on 30-5-1990 for getting the decree executed but as alleged in Para 9 of the petition the execution case is being adjourned again, and is not being disposed of. The next date is fixed for 18-10-1997. It is also alleged in Para 14 of the petition that respondent No. 1 the Civil Judge (Junior Division) Deoria is not deciding the execution proceeding, hence the petitioner has been compelled to file this writ petition.2. The facts of this case reveal a disgraceful state of affairs. Suit No. 9...
Jang Bahadur Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-01-1997
Reported in: (1997)3UPLBEC1805
D.K. Seth, J.1. Sri Uma Kant, learned counsel for the petitioners has challenged the order dated 19-9-1997 contained in Annexure '3' to the writ petition, by which the petitioners have been reverted from the post of Head constable. He has assailed the said order on the ground that the said order has been passed without approval of the Deputy 'Inspector General of Police, in violation of Regulation 455 of the Police Regulations. The petitioners have also submitted a representation which is Annexure '7' to the writ petition.2. After having heard Sri Uma Kant, learned counsel for the petitioners and Sri B. R. Chaudhary, learned Additional Chief Standing Counsel, this writ petition is disposed of by directing the respondent No. 2 to consider and dispose of the representation of the petitioners; having regard to Regulations 450, 454 and 455 of the Police Regulations, as early as possible, preferably within a period of two months from the date a certified copy of this order is produced befor...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »