Allahabad Court September 1997 Judgments
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Sushil Kumar Sarad Kumar Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Sep-26-1997
Reported in: [1998]232ITR588(All); [1998]100TAXMAN140(All)
R.K. Gulati, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Allahabad Bench, has referred the following two questions of law for the opinion of this court, by its common statement of the case in respect of three consecutive assessment years 1972-73 to 1974-75 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in relying upon the statement dated October 18, 1974, of Smt. Joya Varshney for the assessment years 1972-73, 1973-74 and 1974-75 ? 2. Whether; on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming penalties for the assessment years 1972-73, 1973-74 and 1974-75 under Section 271(1)(c) of the Income-tax Act, 1961 ?' 2. Sushil Kumar Sarad Kumar in the years under consideration was a proprietary concern of one Sushil Kumar Varshney (hereinafter referred to as 'the assessee') and was assessed to tax in the status of an individual. On October 18, 1974, the business and...
Keshav Dev Radha Raman and anr. Vs. Assistant Commissioner (Assessment ...
Court: Allahabad
Decided on: Sep-26-1997
Reported in: [2003]133STC70(All)
1. The petitioner has inter alia, sought a writ of prohibition, restraining the respondent-Assistant Commissioner (Assessment) Trade Tax, Mathura from completing the assessment for the assessment year 1980-81. It appears that against the initial assessment order for the said assessment year, the petitioner had preferred an appeal before the Assistant Commissioner, (Judicial) where the assessment order was set aside with the direction to make a fresh assessment. Against the directions of the appellate authority to make the assessment de novo the petitioner preferred a further appeal before the Sales Tax Tribunal which stayed the assessment proceedings in pursuance of the remand order during the pendency of the appeal to it. Eventually, on March 27, 1989 the appeal filed by the petitioner was dismissed by the Tribunal. Against the order passed by the Tribunal a revision was filed before this Court which was also dismissed on January 3, 1994. During the pendency of the proceedings in revi...
Jagat NaraIn Vs. Sessions Judge and ors.
Court: Allahabad
Decided on: Sep-26-1997
Reported in: I(1998)DMC174
Binod Kumar Roy, J.1. The petitioner, who is husband of the opposite party No. 3, has come up with a prayer to quash the order dated 1.4.1994 passed by the 1st Additional Munsif Magistrate, Mainpuri in Case No. 54 of 1994 (which is its subsequent number after remand and not the original one) granting maintenance under Section 125 of the Code of Criminal Procedure (here in after referred to as the Code) a sum of Rs. 400/- per month from 16.8.1988, the day on which the wife-respondent No. 3 filed her application under Section 125 of the Code (as contained in Annexure-3),and the revisional order dated 13.7.94 passed by the Sessions Judge, Mainpuri dismissing his Criminal Revision No. 89 of 1994 preferred by the petitioner (as contained in Annexure-4).2. The relevant facts are in a narrow compass. On 16.6.1988 respondent No.3 filed an application under Section 125 of the Code before the Special Judicial Magistrate, Mainpuri praying to grant her a sum ofRs. 500/- towards maintenance allegin...
State of U.P. Vs. Virendra Singh and ors.
Court: Allahabad
Decided on: Sep-26-1997
Reported in: 1998CriLJ2092
R.K. Singh, J.1. This is an appeal under Section 378 of the Code of Criminal Procedure against the judgment and order dated 5th March, 1992 recording the finding of acquittal in favour of the accused-respondents by the Court of Vth Additional District & Sessions Judge, Kanpur Dehat.2. The incident casuing death of Behari took place on 14th of July, 1989 within the territorial limits of village Gadatha, P.S. Moosa Nagar, district Kanpur Dehat. The prosecution story, according to the first information report Ex. Ka. 1, is that the field of deceased Behari was encroached upon by Chhotey Lal accused about two years ago claiming that the encroached portion is part of his field. Against the encroachment deceased's grand son Lalji (P.W. 2) lodged a complaint with the Tahsildar of the area and got measurement of the field through Lekhpal. The field was demarcated by the Lekhpal and thereafter in the last year Jwar and other crops were grown in the said field by the deceased's family. Accused C...
Rajbir Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-25-1997
Reported in: 1998(1)AWC329
O.P. Garg, J.1. By means of this writ petition, the petitioner-- Rajbir Singh has prayed that the orders dated 17.11.1988, terminating his services, 27.2.1989, dismissing his appeal. 20.1.1993 passed by U. P. Public Services Tribunal (for short 'Tribunal'), dismissing his claim petition and 18.7.1994 passed by the Tribunal dismissing the review petition, be quashed and the respondents be directed to reinstate him in service with all consequential benefits.2. Counter and rejoinder-affidavits have been exchanged. Heard learned counsel for the parties.3. Put briefly, the facts of the case are that the petitioner was appointed as a constable in U. P. Police and joined at Farrukhabad on 1,9.1981. He continued to serve the Department upto 17.11.1988 on which date his services were abruptly terminated by serving him a notice under the provisions of U. P. Aasthai Sevak (Seva Samapti) Niyamawali, 1975 (hereinafter referred to as 'Rules of 1975'). The case of the petitioner is that since he had ...
Commissioner of Income-tax Vs. Garg Engineering Co.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: (1998)148CTR(All)341; [1999]235ITR451(All)
R.K. Gulati, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961, filed at the instance of the Commissioner of Income-tax, Lucknow. The applicant has submitted that two questions set out in this application are questions of law arising out of the order of the Income-tax Appellate Tribunal and, therefore, a direction be issued to the Income-tax Appellate Tribunal to refer those questions for the opinion of this court. The questions are as under :. '1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in cancelling the penalty of Rs. 38,100 imposed under Section 271(1)(c) of the Income-tax Act, 1961 ?2. Whether, on the facts and in the circumstances of the case, the decision of the Income-tax Appellate Tribunal is perverse inasmuch as the relevant facts have not been properly evaluated and wrong conclusion is drawn ?'2. We have heard learned standing counsel for the Income-tax Department in support of this application, a...
Monika Plastic Pipes (P) Ltd. Vs. Director of Industries and anr.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: AIR1998All111
O.P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, the petitioner M/s. Monika Plastic Pipes (P) Limited has prayed that the three impugned orders all dated 10-2-1997 (Annexures-17, 18 and 19 to the writ petition) be quashed and the respondents be restrained from effecting any recovery from the petitioner on the basis of the order (Annexure-17) and from taking any action of causing any interference in the business of the petitioner directly of indirectly.2. The petitioner company is engaged in the business of manufacture and sale of PVC pipes of which the Government departments, particularly, the Minor Irrigation Department and U.P. Jal Nigam are the main consumers. The Director of Industries, U.P., respondent No. 1 (for short 'Director') determines and prescribes the 'Rate Contract' for the supply of the various articles to Government departments by the manufactures/ contractors. A tender notice No. 181 (G) dated 22-11-1994 (Annexure-1) was f...
Jayata Prasad Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: (1997)3UPLBEC2198
O.P. Garg, J.1. The petitioner Jayata Prasad was initially appointed as Bandi Rakshak (Jail Guard) on 3-8-1960. in the year 1984-85, he was posted on transfer to district Jaunpur. He was suspended on the charge that he had taken unauthorised possession of a quarter. After departmental enquiry, he was reinstated and a punishment of stoppage of five increments was imposed. In the year 1992, the service record of the petitioner was screened for promotion and looking to the past performance and the service record, he was promoted to the post of Pradhan Bandi Rakshak (Head Jail Guard) and was posted in sampurnanand Siwir Ghurma Sonbhadra under the control and supervision of Superintendent, Central Jail, Varanasi. The respondent No. 2 passed an order dated 30-1-1995, whereby the petitioner has been compulsorily retired from service in the public interest. It is this order which has been termed as being wholly illegal, unjust and unwarranted.2. By means of this writ petition under Article 226...
Ram Bachan Yadav Vs. Commandant, P.A.C. 20th Batallion and ors.
Court: Allahabad
Decided on: Sep-25-1997
Reported in: (1998)1UPLBEC730
O.P. Garg, J.1. The petitioner Ram Bachan Yadav has prayed by means of the present writ petition under Article 226 of the Constitution to quash the order of his dismissal from service, dated 4.6.1986, passed by respondent No. 1, contained in Annexure 26, and the orders dated 10.7.1987 and 17.1.1994, contained in Annexures 28 and 31, respectively dismissing the appeal of the petitioner by respondent No. 4 and claim petition by respondent No. 5.2. Counter and rejoinder affidavit have been filed. Heard Dr. R.G. Padia learned Counsel for the petitioner and Sri D.P. Singh learned Standing Counsel.3. The case of the petitioner is that he was appointed as a Constable in the Provincial Armed Constabulary on 27.6.1969. In 1985, while the petitioner was posted in the 20th Batallion of the Provincial Armed Constabulary (for short 'PAC', at Azamgarh. Though the petitioner was working as a Driver, but he was holding the lien in the substantive post of Constable under the provisions of Police Act, 1...
Ex. No. 14259257 H Signal Man Sobh Nath Vs. Union of India (Uoi) and o ...
Court: Allahabad
Decided on: Sep-25-1997
Reported in: (1997)3UPLBEC2075
Aloke Chakrabarty, J.1. The petitioner was enrolled in the Indian Army as a regular soldier and was allotted Signal Corps. The petitioner was posted at Jabalpur and at the time of recruitment and subsequently also his medical category was Aye-one. In course of his service the petitioner developed Leprosy Lepromatous (Board Line) and was sent to Military Hospital at Agra for treatment and also for obtaining opinion of medical Board. The Medical Board came to a conclusion that the petitioner was suffering from Leprosy Lepromatous Line) and was discharged from service date 14-4-1986 by the commanding officer under the provision of Army Rule 13-III (iii).2. After discharge the petitioner was treated for the said disease in the military hospital at Agra and when he was fully cured he was discharged from the hospital. In the meantime, the petitioner made application for disability pension but the respondent No. 3 rejected the said claim of the petitioner by order dated 9-1-1987. The petition...
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