Allahabad Court July 1997 Judgments
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Leela Vs. Smt. Mukanda and Others
Court: Allahabad
Decided on: Jul-11-1997
Reported in: 1998(1)AWC547
A.K. Banerji, J. 1. This second appeal by defendant Leela is directed against the Judgment and decree passed by the two courts below decreeing the plaintiffs suit for specific performance of an agreement to sell against the defendant.2. The relevant facts in brief are that the plaintiff Chhotey Lal filed Suit No. 62 of 1981 against the defendant for specific performance of an agreement to sell dated 3.10.1979 by which the said defendant had agreed to sell Khasra plot No. 685 area 3 Bighas 1 Biswa 10 Biswansi situate in village Mansurpur, Pargana Khatauli, district Muzaffarnagar to the plaintiff for a consideration of Rs. 19,000, the said agreement was registered. The plaintiff paid Rs. 1,000 to the defendant before the execution of the agreement and Rs. 7,000 at the time of the execution of the agreement. Subsequently, on 16.4.1980, he paid a further sum of Rs. 2,500 to the defendant. Thus, a total sum of Rs. 10,500 was paid to the defendant as part of the sale consideration. It was ag...
Satish Chandra Saxena Vs. State of U. P. and Others
Court: Allahabad
Decided on: Jul-11-1997
Reported in: 1998(1)AWC556
R.H. Zaidi, J.1. By means of this petition, under Article 226 of the Constitution of India, petitioner prays for a writ, order or direction in the nature of certiorari quashing the order dated 18.6.1987 passed by the Regional Inspectress of Girls Schools, Xlth & XIIth Region, Moradabad, according the approval to the order of termination dated 16.12.1978, whereby the services of the petitioner as clerk were terminated by the Committee of Management of the institution. Prayer for a writ of mandamus directing the respondent No. 3 to treat the petitioner in continuous service and pay him his salary including the arrears of salary, in accordance with law has also been made.2. The brief facts of the case, giving rise to the present petition, are that petitioner was appointed as a clerk in Ram Chandra Singh Khatri Kanya Uchchatar Madhyamic Vidyalaya, Amroha, Moradabad, on 1.7.1970 on one year's probation. The petitioner claims that on expiry of period of probation, i.e.. one year, his service...
Nagar Palika Parishad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-11-1997
Reported in: AIR1998All232
ORDER1. By a notification dt. 2nd Sept, 1993 issued under Section 18(1) of the Wild Life (Protection) Act, 1972 the concerned area was declared to be included within the limit of the sanctuary. Subsequently, a notification was issued on 11th of Jan, 1994, under Section 21 of the said Act being a proclamation specifying the area as sanctuary requiring persons claiming any right mentioned in Section 19 of the said Act to lodge their claim within the period specified in Section 21(b) of the said Act. The petitioner claimed to have lodged its claim on 28th of Feb. 1994, which is Annexure-9 to the writ petition, admittedly, within the time specified. It is alleged that no steps has been taken on the basis of the said claim lodged by the petitioner. On the other hand, on its enquiry by a letter dt. 28th of May, 1997, it has been disclosed that the said land has been decided to be included within the sanctuary. The petitioner points out that he was not given opportunity of hearing nor any com...
D.F. Gandhi and Another Vs. Rent Control and Eviction Officer, Ist, Al ...
Court: Allahabad
Decided on: Jul-10-1997
Reported in: 1998(1)AWC80
J.C. Gupta, J.1. This writ petition has been filed for quashing the order dated 30.11.95 passed by the Rent Control and Eviction Officer 1st, Allahabad, respondent No. 1 (Annexure 6 to the writ petition) rejecting the nomination dated 17.11.95 made by petitioner No. 1, the landlord, in favour of respondent No. 2and further directing the Rent Control Inspector to submit report after making inspection of the premises in question afresh.2. The dispute relates to a shop bearing No. 19/35 Mahatma Gandhi Marg, Allahabad and the same is admittedly owned by petitioner No. 1. One Smt. Shobha Rani Seth was occupying the said shop as tenant of petitioner No. 1. It is said that Smt. Shobha Rani Seth, the sitting tenant, gave an information in writing through letter dated 27.9.95 to petitioner No. 1 that she was going to vacate the tenanted shop by 15.11.95 as she was likely to get another shop for carrying her business. She further stated in the said letter that she was removing all her belongings...
Udai Chand JaIn and ors. Vs. Commissioner of Wealth-tax and anr.
Court: Allahabad
Decided on: Jul-10-1997
Reported in: [1997]228ITR190(All)
S. L. Saraf, J.1. By this petition, the petitioners have challenged the order passed by the Commissioner of Wealth-tax, Kanpur, under the provisions of Section 25(1) of the Wealth-tax Act, 1957 (hereinafter referred to as the Act), whereby the Commissioner has refused to entertain the application for revision filed by the petitioners.2. The case of the petitioners is that under the provisions of the Compulsory Deposit Scheme (Income-tax Payers) Act, 1974, the petitioners are liable to make deposit and they have been making such deposits under the said Act regularly with their bankers and the said amounts were to be received back by the petitioners in five equal instalments every year together with interest. The said amounts were shown standing to theircredit in the compulsory deposit scheme and have been considered as one of the assets while making assessment of income. The Inspecting Assistant Commissioner, A-Range, Kanpur, had taken into account the said amount as their wealth-tax as...
Shri Ram Chandra Mission and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-10-1997
Reported in: (1997)3UPLBEC1695
A.K. Banerji, J.1. The above noted writ petition No. 22657 of 1991 has been filed by Shri Ram Chandra Mission, Shahjahanpur, through its Secretary Shri B.D. Mahajan under Article 226 of the Constitution of India, challenging the validity and legality of the action of the respondent Nos. 2 and 3 namely, the Registrar of Firms, Societies and Chits U.P. Lucknow and the Assistant Registrar of Firms, Societies and Chits, Bareilly Region, Bareilly, refusing to recognise the Working Committee of the petitioner Shri Ram Chandra Mission (hereinafter referred to as the Petitioner) headed by Dr. S.P. Srivastava, President and Shri B.D. Mahajan, as Secretary. A writ of mandamus has been sought directing the respondents No. 2 and 3 to recognise the Working Committee of the petitioner Mission as per the order passed under Section 25 of the Societies Registration Act, 1860, by the Prescribed Authority and, further to grant a fresh certificate of renewal for registration to the petitioner. Writ Petiti...
Shakuntla and ors. Vs. Kripal Singh and anr.
Court: Allahabad
Decided on: Jul-10-1997
Reported in: 1998ACJ1150
Binod Kumar Roy and M.L. Singhal, JJ.1. In this appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') the claimants-appellants, out of whom claimant-appellant Nos. 2 to 8 are minors and the remaining appellant No. 1 is their mother under whose guardianship they had filed their claim and this appeal, assail validity of the order dated 16.3.94 passed by the District Judge, Bijnor which reads thus:Today this motor accident claim has been put up. Heard the counsel for the claimant. It is ordered that as the claim is beyond the period it stands rejected. (Translation from Vernacular)2. No one appears on behalf of the respondents.3. The learned Counsel for the appellants made two-fold submissions: (i) The impugned order is not a speaking order. (ii) The submissions made before the learned District Judge that the claim of the minor claimants could not be rejected as they were entitled for extension of time even on the ground of their minority and the ratio ...
Shiv Mohan Lal and ors. Vs. Commissioner of Income Tax.
Court: Allahabad
Decided on: Jul-10-1997
Reported in: (1998)144CTR(All)6
BY THE COURT :At the instance of the assessee, the Tribunal, Delhi Bench, New Delhi referred the following question 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 the contribution of the property by the assessee towards the capital amounted to transfer within the meaning of s. 2(47) of the IT Act, 1961 thereby attracting the provisions of s. 45 of that Act ?'2. Facts are that the assessee-a partner in the firm : M/s Ganeshi Lal & Sons, Agra - contributed his property towards the capital of the firm. The contention of the assessee was that no transfer of property was involved attracting the provisions of capital gain tax. The ITO rejected the contention of the assessee and held that there was a transfer by the assessee of his property to the firm and that the transfer attracted the capital gain tax.On appeal, the AAC accepting the contention of the assessee held that no transfer took place by co...
Govind Lal Misra Vs. District Inspector of Schools and Others
Court: Allahabad
Decided on: Jul-09-1997
Reported in: 1998(1)AWC178
S.C. Verma J.1. Aggrieved by the promotion of respondent No. 2 Sri Raghav Ram Dwivedi, on the post of Lecturer in Sanskrit at Bakshi Ka Talab Inter College, Lucknow and the order of the District Inspector of Schools, dated 5.6.1980. allowing the representation of Sri Raghav Ram Dwivedi in accordance with the provisions of Regulation 8 of Chapter II framed under the U. P. Intermediate Education Act as also the rejection of review petition of the petitioner by order dated 5.4.1982 passed by the District Inspector of Schools, the petitioner filed the present writ petition under Article 226 of the Constitution.2. The petitioner was appointed in leave vacancy in July, 1972 on a post in L.T. grade to teach the subject of Sanskrit. The petitioner had also applied for selection on the post of Lecturer in Sanskrit on regular vacancy but as his namewas placed at Serial No. 2 in the panel, he could not be appointed as the incumbent placed at Serial No. 1 joined the post. Later on another post in ...
Chhatadhari Singh Vs. Deputy Director of Education, Varanasi and Other ...
Court: Allahabad
Decided on: Jul-09-1997
Reported in: 1998(1)AWC171
D. K. Seth, J.1. The petitioner was subjected to disciplinary inquiry on account of certain charges. After the inquiry is over, the Managing Committee by its resolution dated 22.7.1978 has resolved to dismiss the petitioner from service on account of his being found guilty of the charges in the domestic inquiry. The said resolution was sent to the District Inspector of Schools for accordingapproval. By an order dated 19.10.1978, the District Inspector of Schools instead of according approval reduced the punishment as contended in the said order. Two appeals were filed against the said order dated 19.10.1978. One by the delinquent petitioner in Writ Petition No. 11964 of 1981 and the other by the Committee of Management being the petitioner in Writ Petition No. 10156 of 1981. The said two appeals were decided by the Deputy Director of Education on 24.6.1981. The Deputy Director of Education had also confirmed the finding of guilt but took a lenient view on humanitarian ground considerin...
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