Allahabad Court May 1997 Judgments
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Ashoo and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: May-23-1997
Reported in: 1998CriLJ1082
ORDERO.P. Garg, J.1. These are two connected applications in which a prayer has been made that the catties, which have been seized in Crime Case No. 50 of 197, P.S. Khalilabad, District Basti be released in favour of the applicants who are owners of the same. The applicants moved separate applications for the release of the catties before the Chief Judicial Magistrate, Basti which were rejected by order dated 1 -3-1997. Thereafter the applicants filed two separate revisions, being Revision Petition Nos. 83 of 1997 and 94 of 1997 before the Court of learned Sessions Judge, Basti who transferred the same to the Court of learned IIIrd Additional Sessions Judge, Basti. Both these revision applications were dismissed and it was directed that the catties be auctioned and the sale proceeds be deposited for being paid to the person who is found to be entitled to receive the same after the disposal of the case.2. Common case in both these applications is that the catties were purchased from Mut...
Modi Industries Ltd. Vs. State of U.P.
Court: Allahabad
Decided on: May-23-1997
Reported in: 1999(105)ELT29(All)
1. Heard Counsel for the parties.2. Admittedly, the petitioner is a sick unit within the meaning of Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985 (briefly, the Act).3. The petitioner seeks quashing of the recovery proceedings initiated in regard to sales tax dues. Our attention has been drawn by Counsel for the petitioner to the Circulars dated 25-8-1995 and 6-11-1989 issued by the Trade Tax Commissioner. In the said circulars the Commissioner clearly stated that no recovery of sale tax dues will be made from a sick unit without permission of the Board as provided under Section 22 of the Act. It is trite that the circulars are binding on the departmental authorities.4. It is also submitted by the Counsel for the petitioner that IDBI was appointed as creating agency for preparing a rehabilitation scheme within the meaning of Section 18 of the Act, which is yet to be finalised.5. Shorn of merits, no recovery could be made from the petitioner in the teeth...
Samvidhan Bahali Andolan and anr. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-22-1997
Reported in: AIR1998All210
ORDER1. Petitioners in this writ petition are two 1. Samvindhan Bahali Andolan through its 'Advisor' Smt. Saroj Giri and 2. District Bar Association, Allahabad through its 'Secretary' Sri Raghave Singh. The relief sought is that :--a. Section 11 of the U. P. Land Revenue Act, 1901 be declared void as ultra vires in the wake of Articles 254 and 372 of the Constitution of India;b. to quash the impugned declaration of creating six new districts namely, Kaushambi, Maha Maya Nagar, Chhatrapati, Sahuji Maharaj Nagar, Mahatma Budha Nagar and Jyotiba Phule Nagar and Chandoli; andc. commanding opposite parties Nos. 2, 3 and 4 not to proceed further in creating new districts including those declared earlier.2. Shri Gyanendra Mrityunjaya, learned counsel for the petitioners has been heard at substantial length. He has taken the Court through the writ petition, various provisions about which reference shall be made hereinafter and also to the provisions of some of the parallel enactment. Shri Yati...
Roop Chandra Sharma Vs. Deputy Commissioner of Income-tax (Assessment)
Court: Allahabad
Decided on: May-22-1997
Reported in: (1997)143CTR(All)227; [1998]229ITR570(All)
1. This writ petition is filed by the petitioner for quashing the impugned notices dated October 10, 1996 and October 19, 1996 (annexures '9' and '11', respectively, to the writ petition), and for quashing the assessment order dated March 1, 1994 (annexure '4' to the writ petition).2. It is to be made clear that learned counsel for the petitioner stated at the very outset that he does not press for quashing of the assessment order dated March 1, 1994 (annexure '4'), which is appealable. He confines his arguments only for quashing the impugned notices (annexures '9' and '11').3. The petitioner was, admittedly, a director in the company, Gauri Steel Alloys Private Limited up to January 1, 1993. The proceedings relate to the assessment year 1992-93.4. The submission of counsel for the petitioner is that the company is itself a juristic entity and, therefore, the respondent can proceed against the assets of the company and the respondent has no legal right to proceed against the assets of ...
Commissioner of Income Tax Vs. Ganesh Book Depot.
Court: Allahabad
Decided on: May-22-1997
Reported in: (1998)146CTR(All)310
BY THE COURT :The Tribunal (Allahabad Bench) referred the following question relating to the asst. yr. 1972-73 for opinion of this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the IAC had no jurisdiction to impose any penalty under s. 271(1)(c) on or after 1st April, 1976 and, therefore, the penalty under s. 271(1)(c) imposed on 20th April, 1978 was without jurisdiction and in that view was justified in cancelling the penalty imposed by the IAC ?'2. In this case penalty order was passed by the assessing authority on 20th April, 1978 i.e. subsequent to 1st April, 1976 when jurisdiction to levy penalty was taken away by virtue of the Taxation Laws (Amendment) Act, 1975.3. The question for consideration is whether date of penalty order is determinative of the jurisdiction. From the Tribunals order dt. 23rd August, 1979 passed in this case, it clearly appears that the Tribunal relying on the case of CIT vs . Om Sons : [1979]...
Ashok Kumar and ors. Vs. Managing Director, U.P. Leather Development a ...
Court: Allahabad
Decided on: May-21-1997
Reported in: (1998)ILLJ789All; (1997)2UPLBEC1315
ORDERS.P. Srivastava, J. 1. The petitioners feel aggrieved by the communication contained in the letter of the Chief Manager informing them that on the expiry of the period of their services on April 1, 1984 their services were not required and they could collect their wages for the month of March on production of no dues certificates and in case the Corporation intended to fill up the post of Supervisor held by them they will be given preference.2. The grievance of the petitioners is that the impugned communication in reality amounts to retrenchment as contemplated under the provisions of the U.P. Industrial Disputes Act and since the requisite conditions contemplated un- der Section 6-N of the Act were not satisfied or complied with their services could not be deemed to have been dispensed with. In the circumstances they have sought for the quashing of the impugned orders and for a direction requiring the respondents not to give effect to the impugned order and further treat the peti...
Munna Babu Vs. Shanno Begum
Court: Allahabad
Decided on: May-21-1997
Reported in: I(1999)DMC134
A.N. Gupta, J.1. The petitioner and opposite party are husband and wife respectively. Admittedly, they were married sometimes in the year 1985 under the Muslim Act. On 7.2.1986, opposite party moved an application under Section 3(2) of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as 'the Act'), for maintenance allowance, for Rs. 11,000/- as mehar and recovery of ornaments and properties and other ornaments given to her before, at the time and after marriage. The list of such items was given along with the application which includes ornaments, utensils, cycle, tape-recorder, sewing machine and clothes, etc. It was alleged by her in her application that after the marriage she resided with the petitioner but the petitioner used to beat her on one pretext or the other and his family members used to say that very little dowry was given. The petitioner used to threaten opposite party that either she should bring a Scooter from her father or else he would ...
Suresh Pal and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-21-1997
Reported in: 1998CriLJ1026
ORDERD.P. Garg, J.1. These are two connected applications under Section 482, Cr.P.C. The prayer in both these applications is that the Deputy Inspector General of Police, Meerut be directed to send the report of investigation conducted by Circle Officer, Bhawan District Muzaffarnagar and a further direction be issued to the Police of Mahila Police Station Meeerut not to proceed against the petitioners and that the FIR lodged against the applicants in case crime No. 104/1995 under Sections 147/323/307/376/504/506, I.P.C. P.S. Mahila Thana Meerut be quashed. 2. Counter-affidavit and the rejoinder affidavit have been exchanged. Heard learned counsel for the applications, as well as, learned A.G.A. Also heard learned counsel for opposite party No. 2, namely, Smt. Sitari.3. Smt. Sitari-opposite party No. 2 approached the Deputy Inspector General of Police, Meerut with the prayer that since local police of Police Station Charthawal, district Muzaffarnagar has failed to register the F.I.R. lo...
Molvi Habibur Rahman Faizi and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-21-1997
Reported in: 1998CriLJ2345
ORDERO.P. Garg, J.1. This is an application under Section 482 of the Code of Criminal Procedure with the prayer that the order dated 6-7-1996 passed by Chief Judicial Magistrate, Mau in complaint case No. 252 of 1995 be quashed and further proceedings in the case be stayed.2. Counter and rejoinder affidavits have been exchanged. Heard Sri V. P. Srivastava, learned Counsel for the applicants, Sri Viresh Misra, learned Counsel for the opposite party No. 2 as well as learned A.G.A.3. Briefly stated, the facts of the case are that the opposite party No. 2, namely, Sri Mushtaq Ahmad filed a complaint in the court of Chief Judicial Magistrate, Mau against the present applicants for summoning them under Sections 409/420/467/468, I.P.C. The complainant was a teacher in a School known as Madarsa Faize-Aam in Mohalla Maunath Bhanjan PS. Kotwali, district Mau. The applicants were the Manager, Head Master, Teacher and Accountant in the said School, the complainant-opposite party had gone to Saudi ...
Hanoo Alias Har NaraIn Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: May-21-1997
Reported in: 1998CriLJ94
ORDERO.P. Garg, J.1. This application under Section 482, Cr.P.C. has come up before this Court in the following circumstances.2. The applicant Hanoo alisas Har Narain has been convicted by Sri S. S. Rana, IInd Addl. Chief Judicial Magistrate, Jhansi by order dated 10-8-1994 under Section 457, 380 and 411, I.P.C. in four different cases Nos. 824, 825, 826 and 827/ 94. pertaining to separate incident and has been sentenced to undergo rigorous imprisonment for a period of two years on each of the counts and to pay a fine of Rs. 2,000/- and in default of the payment of fine to undergo imprisonment for a further period of four months. There is no order that sentences passed in the aforesaid four eases are to run concurrently, meaning thereby the applicant has to undergo rigorous imprisonment for a period of two years in succession in each of four cases. Against the order of conviction and sentence passed in criminal case No. 827 of 1994, applicant Hanoo filed an appeal before the Sessions J...
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