Allahabad Court April 1997 Judgments
Sri Satnarayan Ji Maharaj Virajman Mandir Sat Narayan Dharamshala and ...
Court: Allahabad
Decided on: Apr-30-1997
Reported in: AIR1997All413
1. This first appeal from order is directed against an order dated 27-3-1996, followed by a formal order dated 17-4-1996 recorded by the IInd Addl. Distt. Judge. Bijnaur, in Misc, Case No. 113 of 1990 under Section 92. CPC rejecting the prayer of the appellants for leave to institute a suit of the nature spoken of under Section 92, CPC. The Application in question was filed by the present appellants under Section 92, CPC read with order 1, Rule 8 and Section 151 CPC. It was stated that the property indicated in the plaint stood vested in the Almighty and the temple and other properties of the deity formed a public trust and suit for relief covered by Section 92, CPC could be filed only after obtaining leave of the court.2. In the application before the court below it was stated that Sahu chhajmal Das was a renowned zamindar of religious bend of mind and for the religious Hindus in general he had set up a temple of Satayanarayan Ji Maharaj more than 1000 years ago. A deity was installed...
Tag this Judgment!Vanshidhar Vs. State of U.P.
Court: Allahabad
Decided on: Apr-30-1997
Reported in: (1999)IIILLJ515All
R.K. Singh, J. 1. Petitioner Banshidhar has filed this writ petition under Article 226 of Constitution of India for the following reliefs: ' 1. An order, direction or writ in the nature of certiorari quashing impugned orders dated May 12, 1991 and February 13, 1992 (Annexures 3 and 5 to the petition); 2. An order direction or writ in the nature of mandamus commanding the respondent to pay the petitioner his full pension and gratuity alongwith arrears and interest thereon; 3. Any other suitable order, direction or writ which this Hon'ble Court may deem fit and proper under the circumstances of the case; 4. An order for the costs to the petitioner.' 2. For appreciation of merit of the prayer the following facts which stand undisputed need be noted:-- Petitioner Banshidhar is a Provincial Civil Servant in the service of the Government of Uttar Pradesh. He was posted between 1984 and October 31, 1987 as special Land Acquisition Officer, Agra. He retired from service on October 31, 1987....
Tag this Judgment!Commissioner of Income Tax Vs. Ram Kishan Das Om Prakash.
Court: Allahabad
Decided on: Apr-30-1997
Reported in: (1998)146CTR(All)167
BY THE COURT :From the record, it appears that the assessee was duly served with the notice, but none appears for the assessee and, therefore, we have heard only learned standing counsel for the applicant.2. This Court by order dt. 9th April, 1980 directed the Tribunal to draw up a statement of the case and refer the following question to this Court for its opinion under s. 256(2) of the IT Act, 1961.'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in deleting an addition to Rs. 17,000 made by the ITO to the assessees income and sustained by the AAC in first appeal ?'This is how the Tribunal referred the aforementioned question at the instance of the Revenue to this Court for its opinion.3. In the Tribunals order dt. 4th August, 1978, the facts found are that a sum of Rs. 17,051 had been withdrawn by one of the partners on 3rd November, 1973 from the books of account of the firm who was to go on business tour for effecting purchases from outs...
Tag this Judgment!Commissioner of Income Tax Vs. Shree Agarwal Flour and Oil Mills
Court: Allahabad
Decided on: Apr-30-1997
Reported in: (1998)148CTR(All)378
BY THE COURT:A notice was sent by registered post to the assessee on 3rd Jan., 1981. Neither unserved AD nor registered envelope has been received back and, therefore, the assessee will be deemed to have been served sufficiently.2. The Tribunal, Allahabad Bench, Allahabad referred the following question under s. 256(1) of the IT Act, 1961 for opinion of this Court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that where there was a change in the constitution of the firm during the previous year separate assessments should be made, one for the period prior to the change in the constitution of the firm and another for the post reconstitution period'.3. From a perusal of the order dt. 10th Sept., 1979 of the Tribunal, it appears that the Tribunal found that the partnership at the time of the death of one of the partners, namely, Sri Badri Prasad, was constituted by three partners and that when Badri Prasad died, only two partners were l...
Tag this Judgment!Manik Chand Burman Vs. Income-tax Officer
Court: Allahabad
Decided on: Apr-25-1997
Reported in: [1998]229ITR90(All)
1. By this petition, the petitioner seeks quashing of the impugned notices dated November 11, 1976, January 18, 1983, and January 28, 1983, annexures 3, 7 and 8 to the writ petition, respectively, issued by the Assessing Officer, calling upon the petitioner to furnish information/documents to enable him to complete the assessment, pursuant to the order dated December 30, 1957, setting aside the assessment order relating to the assessment year 1949-50 and directing the Income-tax Officer to make a fresh assessment after examining the accounts in detail and also the discrepancy in valuation of stock shown by the assessee to have been pledged with the bank.2. This is a classic example of the callousness and the lethargic attitude of the respondent. The facts are that the assessment came to be completed for the year 1949-50 on the petitioner on March 23, 1954. The petitioner, aggrieved by the said assessment order, went up in appeal. The Appellate Assistant Commissioner of Income-tax by hi...
Tag this Judgment!Naresh Chand Agarwal Vs. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Apr-25-1997
Reported in: (1998)144CTR(All)338
BY THE COURT :Heard counsel for the parties.The facts are that silver weighing 25.855 Kgs. was seized from the petitioner. The proceedings under s. 132(5) of the IT Act, 1961 were concluded. Thereafter, assessment was also completed and an appeal preferred by the petitioner was decided by the appellate authority. After the order of the appellate authority, outstanding demand is only to the extent of Rs. 11,263 which has been disputed by the petitioner in second appeal before the Tribunal which is pending.2. The contention of the petitioner is that the outstanding dues being only to the extent of Rs. 11,263, the respondents have no right to retain silver of far exceeding the amount and that the petitioner is willing to furnish security to the extent of Rs. 11,263 to secure the interest of the Department.This is how the petitioner prays for a writ of mandamus directing the respondents to release the silver weighing 25.855 Kgs.3. Counter affidavit has been filed by the Standing Counsel cl...
Tag this Judgment!Hindustan Monark (P) Ltd. Vs. Employees' State Insurance Corporation a ...
Court: Allahabad
Decided on: Apr-24-1997
Reported in: (1999)ILLJ846All
R.K.Mahajan, J. 1. This is an appeal against the order of Employees' State Insurance Court, Ghaziabad dated February 3, 1981 in case No. 3 of 1980 by virtue of which damages amounting to Rs. 5,618/- were levied under Section 85B of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act) on account of making late payment of contribution for the period September, 1975 to January, 1976. The grievance of the appellant is that the payment of the contribution due on the part of the employer along with interest for delayed payment has been paid and it was illegal and not warranted under law to levy the damages. The appellant is a Company which is covered under the Act and there is no dispute. It is also not disputed that they have been paying the contribution and there was delay in making contribution for the period of March, 1976 to July, 1977. This fact is also not disputed. Rather the interest was paid under Regulation 31-A of E.S.I.(General) Regulations, 1950 for lat...
Tag this Judgment!Mohd. Shahid Vs. Aligarh Muslim University and anr.
Court: Allahabad
Decided on: Apr-24-1997
Reported in: (1998)ILLJ25All
R.K. Gulati, J.1. This writ petition is directed against the order dated January 24, 1994 by which the petitioner was terminated and dismissed from service.2. At the relevant time the petitioner was working as a Lab Attendant in the Department of Moalijat, A.K. Tibbiya College, Atigarh Muslim University, Aligarh. On October 19, 1993 the petitioner was suspended from service. It is the case of the respondents that a charge-sheet dated January 1, 1994 was sought to be served on petitioner initially through a peon and subsequently, by registered post but as the service was refused by the petitioner, a tele- gram was sent to him and a notice was also got published on January 21, 1994 in Urdu daily newspaper 'Quaumi Awaj' From Annexure-1 to the counter affidavit which allegedly contains a copy of the charge-sheet dated January 1, 1994 it would be evident that the petitioner was accused of four charges including that he was arrested in a criminal offence under Sections 325/147/323/324 IPC an...
Tag this Judgment!B. Ed. Berozgar Sangh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-24-1997
Reported in: (1997)3UPLBEC1774
Aloke Chakrabarti, J.1. This writ petition was heard along with Writ Petition No. 4985 of 1997, B. Ed. Prashikchit Berozgar Kalyan Samiti Children Academy and Ors. v. State of U.P. and Ors.2. The petitioner No. 1, herein is Association of unemployed candidates having qualification of Bachelor of Education and petitioner Nos. 2 to 1 are members of the said Association, all having obtained their Bachelor of Education degree.3. The claim made in the present writ petition is against limiting consideration to the candidates possessing B. T. C. qualification alone in respect of appointments of Basic Teachers and against the Government Order dated 9-9-1994 issued by the State Government and the Circular Letter dated 22-9-1995 issued by the Director of Education (Basic) in so far as they limit consideration of candidates possessing Bachelor of Education qualification to the hill districts only.4. Heard Mr. Ashok Khare, learned counsel for the petitioners Mr. S. G. Hasnain, learned counsel for ...
Tag this Judgment!Sindh Detergent and Chemicals (Pvt.) Ltd. Vs. Cegat and anr.
Court: Allahabad
Decided on: Apr-24-1997
Reported in: 1997(72)LC276(Allahabad)
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India, the petitioner challenges the orders dated 28.12.1995 and 11.3.1996 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos. E/1130-1133/95-NB and E/1132-1133/95-NB respectively under the proviso of Section 35F of the Central Excises and Salt Act, 1944.2. When the petition first came up before this Court on 30th of April, 1996 it was ordered as under:However, it is provided in the meantime that if the petitioner furnishes security other than cash and bank guarantee in respect of the amount of predeposit directed by the learned Tribunal vide order dated 28.12.1995 the latter shall accept the same and proceed to hear and decide the appeals No. E/1130-1132/95-NB expeditiously so that justice may not be denied to the petitioner for want of available fund to satisfy the condition of pre-deposit.3. The learned Standing Counsel for the respondents was granted two weeks time...
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