Allahabad Court January 1998 Judgments
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Devendra Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-20-1998
Reported in: 1998CriLJ3324
N.S. Gupta, J.1. This criminal appeal is directed against the judgment and order of conviction dated 30-10-1979, passed by Shri Ram Singh the then Sessions Judge, Ballia, in Session Trial No. 232 of 1978, convicting and sentencing the accused appellants named above under Section 302/34, I.P.C. to imprisonment for life and further under Section 307/34, I.P.C. to four years R.I. each. The sentences were to run concurrently.2. The prosecution case briefly states is as follows :-Accused appellants Devendra Singh and Surendra Singh are real brothers. Tej Narain Singh and Shreeram Singh are said to be their close associates. They were all residents of village Gaighat, police station Sahatwar, district Ballia (U.P.) PW 5 Shashi Shekher Singh injured was the son of Narsingh Prasad. Narsingh Prasad was originally a resident of Alam Nagar, Bihar. He was Thakur by caste. He had four sons, out of whom Shashi Shekhar Singh (PW 5) was given in adoption in the family of Ram Briksh Singh. He was broug...
Commissioner of Income Tax Vs. Murli Manohar Deceased Through Lr
Court: Allahabad
Decided on: Jan-20-1998
Reported in: (1998)148CTR(All)116
By the CourtIn compliance with this courts direction under section 256(2) of the Income Tax Act, 1961, the Tribunal, Delhi Bench A, has referred the following questions for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in taking the view that the interest paid on borrowings has to be treated as interest paid for making or earning income under the head investment even though the investment account showed losses in respect of managing agency of UP Co-operative Society and losses of Mahadev Sugar Mills & Shares?2. Whether, on the facts and in the circumstances of the case, the Tribunal was in law justified in increasing allowable deduction by another Rs. 18,000 for each of the three years (1961-62, 1962-63 and 1963-64)?'2. We have heard Sri Rajesh Kumar Agarwal, learned standing counsel for the Commissioner and Shri P.N. Batham, learned counsel for the assessee.The relevant facts giving rise to the aforesaid q...
Commissioner of Wealth Tax Vs. Chhail Behari Lal
Court: Allahabad
Decided on: Jan-20-1998
Reported in: (1998)148CTR(All)299
By the CourtAt the instance of the Commissioner of Wealth Tax, Agra, the Tribunal (Delhi `D' Bench, Delhi), has referred the following questions for the opinion of this court under section 27(1) of the Wealth Tax Act, 1957 :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that rule 1BB is mandatory and not directory ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that rule 1BB framed by the Central Board of Direct Taxes under power available to it under section 46 which was enacted with effect from 1-4-1979 has retrospective operation ?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee who had declared the value of this property in the wealth-tax at a certain figure can claim reduction thereon by application of rule 1BB without filing a revised return and without claiming that there was a mistake in returning the market...
Lila Dhar Joshi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-19-1998
Reported in: 1998(2)AWC835; (1998)1UPLBEC586
R.S. Dhavan and V.P. Goel, JJ.1. The petitioner, Lila Dhar Joshi, has filed the present writ petition and seeks a writ of mandamus that the respondents, in effect, the administration at Nainital permit him to run the business of a general merchant on the roadside, nazul land, on the Haldwani Kathgodam road. The ptitioner does not point out any illegality or error manifest or otherwise on which he is entitled to enforce any rule or law in his favour by which the court could consider granting him a relief.2. This is a simple case of the petitioner, and some others with him occupying the roadside of nazul land by payment of Toh Bazari and resisting eviction and, thus, claiming that they are entitled to be allotted a shop to run the business. A license to conduct Tah Bazari on the roadside does not confer any right on the petitioner. Tah Bazari by itself does not give the petitioner any right to any particular spot of land or a place on the basis of which he could claim that he is being ev...
Committee of Management, Shri Lallan Ji Brahmachari Inter College, Bha ...
Court: Allahabad
Decided on: Jan-19-1998
Reported in: 1998(2)AWC1038; (1998)3UPLBEC2258
R.H. Zaidi, J. 1. In these three writ petitions, common questions of law and facts are involved and parties are also common, therefore, these petitions were heard together and are being disposed of by a common judgment. Writ Petition No. 1560 (M/S)/96 is treated as the leading case.2. The relevant facts of the case are that election of office-bearers and members of Committee of Management of the College, known as Shri Lallan Ji Brahmchari Inter College, Ambedkar Nagar. was held on 13.11.1995, tn which Lallan Ji Brahmchari was elected as Manager of the College, besides other office bearers and members. It is stated that there were serious charges against respondent No. 3. who was holding office of Principal of the college, on ad hoc basis, after retirement of permanent regular Principal, therefore, he was suspended on 8.2.96 by Committee of Management. Papers relating to suspension of respondent No. 3 Ram, Avadh Singh were submitted to District Inspector of Schools for approval. It was ...
Lal and Kumar and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-19-1998
Reported in: AIR1998All156
ORDER1. Heard Mr. Ashutosh Srivastava, counsel for the petitioners and Mr. Anil Kumar, for the respondent No. 3.2. The petitioners, Messrs. Lal and Kumar, is otherwise a proprietorship firm whose proprietor happens to be Heera Lal, Son of Sri Jamuna Prasad. Heera Lal, the petitioner No. 2, proprietor of the firm, aforesaid, is otherwise a contractor. His business is construction and building works. He took a loan from the Nagar Sahkari Bank Limited, Nagar Maha Palika Branch, Gorakhpur. The loan was against a cash credit limit given to him for running his business in 1989. This cash credit limit was extended to Rs. 15 Lacs. The petitioner mentions these facts in paragraph 5 of the writ petition. With a cash credit limit running to Rs. 15 lacs, the petitioner borrowed from the Bark on the basis of his credit worthiness. The Bark permitted overdrafts. White the petitioner was taking overdrafts against the cash credit limit provided by the Bank, the petitioner was slow in clearing his debt...
Nathu and ors. (In Jail) Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jan-19-1998
Reported in: 1998CriLJ2382
S.K. Phaujdar, J.1. The three appellants were convicted under Sections 302/34, I.P.C. on 5-2-80 by an order of the IVth Additional Sessions Judge, Jalaun at Orai in S. T. No. 297 of 1978 and each was convicted to undergo life imprisonment. They were also convicted for an offence under Section 323/34, I.P.C. by the same order in the same trial and each was sentenced to R. 1. for three months. The sentences were to run concurrently. Upon presentation of the appeal on 3-3-80 the appellants were granted bail.2. The F. I. R. that was lodged against these three appellants was drawn up on the statement of one Tulsi Ram. The alleged incident took place on 14-8-77 at about 8.00 a.m. and the report was made on the same day at about 12.30 p.m. The witnesses named in the F. 1. R. were Sukhpal and Devi Deen. It was stated in the report that for a particular land in front of the house of the complainant they have been given a patta. When they were clearing the land the accused appellants objected to...
State of U.P. Vs. Ram Swarup Alias Guru
Court: Allahabad
Decided on: Jan-19-1998
Reported in: 1998CriLJ2788
N.S. Gupta, J.1. This Government appeal is directed against the order of acquittal dated 21-3-80, passed by Shri L. N. Rai, the then IVth Additional District and Sessions Judge, Badaun in Session Trial No. 113 of 1978, acquitting the accused respondent Ram Swarup for the offence punishable under Sections 148/302/307/149/396/412 I.P.C.2. The prosecution story briefly stated is as follows :-On 27-11-77 at about 5.00 P.M., an incident had happened at the house of one Mulaim Singh in Village Khiria Madhukar, police station Ushat, district Badaun, wherein as many as 13 accused persons had raided the house of Mulaim Singh with the intention to commit murder of Mulaim Singh, his son Itwari and brother Munshi Singh and further to attempt to commit the murder of Pt, Ram Murti Lal, resident of phenia, Sikanderpur, police station Mirzapur,' district Sahjahanpur, who also subsequently died on account of the injuries caused to him, in the incident of this case. Injuries were also caused to Pt. Ram ...
State of U.P. Vs. Hori Lal and ors.
Court: Allahabad
Decided on: Jan-19-1998
Reported in: 1999CriLJ1039
N.S. Gupta, J.1. The eleven accused respondents named above along with one Pothi (who died before the commencement of the trial) were charged for offence punishable under Sections 120B/147/148/302/307/149, I.P.C. before Shri B.I.S. Sodhi, the then 1st Addl. District and Sessions Judge, Badaun, who vide his judgment and order dated 19-8-1978 found all these accused respondents 'not guilty' and accordingly acquitted them. Feeling aggrieved by the said judgment of acquittal the Slate of U.P. has come up in appeal before this Court.2. The prosecution story briefly stated is as follows :-The complainant Bhawar Pal Singh, P.W. 1 was the son of deceased Mulaim Singh. He was resident of village Khiria Madhukar, police station Usehat, district Badaun. Munshi Singh another deceased was the uncle of this Bhawar Pal Singh. About a year before the occurrence of this case, one Budhpal Singh of his village was murdered. Accused respondent Yadunath and Shyam Pal hereinafter referred to as (A-8) and (A...
Mcdowell and Co. Ltd., Sahjahanpur and Another Vs. State of U. P. and ...
Court: Allahabad
Decided on: Jan-16-1998
Reported in: 1998(1)AWC638
S. L. Saraf, J.1. The petitioner company manufactures premium qualities of Indian made Foreign Liquor. The distillery In the process of manufacture of Indian made Foreign Liquor transfers its liquor into wooden vats and keeps the same for considerable length of time so that the chemicals present in the wood along with their distinct flavour and characteristics are acquired by the matured liquor. Further, it is urged that during the period the liquor is kept in the wooden vats for maturation, it suffers a wastage that is normally about 2%.2. In the present case, the Excise authorities have tried to levy duty at the time of maturation when the goods are not yet completely ready and are still in the process of manufacture. The same is objected to by the assessee on the ground that the excise duty on the goods is only leviable after completion of the entire process when it converts into a finished and final product for sale and not prior to that. The goods in the maturation process cannot ...
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