Allahabad Court May 1998 Judgments
Dr. R. M. L. Mehrotra Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: May-29-1998
Reported in: (1999)68ITD288(All.)
1. By this common order, we propose to dispose of two appeals by two different assessees of the same group against the orders dt. 22nd September, 1997, of the Asstt. CIT, Circle II (1), Lucknow, (hereinafter referred to as "the AO") under s. 158BC of the IT Act, 1961 (hereinafter referred to as "the Act" for brief) for the block period 1st April, 1986, to 25th September, 19961 as they involve similar facts and common questions of law and were argued by the same set of counsel from both sides.2. Dr. R. M. L. Mehrotra, assisted by his son, Dr. Sanjay Mehrotra, the other appellant, his wife, Dr. Bandana Mehrotra and certain other doctors, is running a pathology clinic in the capital city of Lucknow.The aforesaid trio of doctors together with other connected doctors, all members of a bigger family, were subjected to search on 25th September, 1996, when certain assets, account books and other documents, etc. were found and seized. The assessments of the present appellants were completed by...
Tag this Judgment!Alka Mohan Wahi Vs. District Supply Officer/Assistant Director, Varana ...
Court: Allahabad
Decided on: May-29-1998
Reported in: 1998(3)AWC1608
R.K. Mahajan, J.1. The petitioner alleges herself to be a Senior Member in District Forum, Varanasi constituted under Consumer Protection Act, 1986 (hereinafter referred to as the Act). She was appointed on 24.11.1993 vide Annexure-1 to the writ petition. The petitioner's grievance is that she has not been paid Rs. 100 per day honorarium as settled with her under the Rules and appointment letter by the respondents from October, 1995 till the date of filing of the writ petition and she seeks a further direction that respondent No. 1 be directed not to interfere in the working of the District Forum, Varanasi. It appears that she has been discharging her duties as required under the statute. It is also pertinent to refer, as stated in para 9 of the writ petition, that all the District Supply Officers have been directed vide Annexure-5 by the Government to see that payment is made to the members of the forum in different districts in first week of every month. It has also been ensured as a...
Tag this Judgment!Jitendra Prasad and Others Vs. Zila Basic Shiksha Adhikari, Azamgarh a ...
Court: Allahabad
Decided on: May-29-1998
Reported in: 1998(3)AWC2068; (1998)3UPLBEC2313
D.P. Mohapatra, C.J.The short question that arises for determination in this case is whether the appellants, who hold certificates of training of physical education (C.P.Ed, for short), are entitled to relaxation of the maximum age prescribed under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the Rules) for appointment to the post of Assistant Master in Basic Schools under the Zila Basic Shiksha Adhikari, Azamgarh.2. The facts of the case, shorn of unnecessary details, may be stated thus :In pursuance of the advertisement published in the daily newspaper, Dainik Jagran dated 27.11.1993 published from Gorakhpur (Annexure-1 to the affidavit accompanying the stay petition) inviting applications for the post of Assistant Masters for Primary Basic Schools controlled by the Basic Shiksha Parishad, Uttar Pradesh, the appellants, who held C.P.Ed, certificates, submitted their applications. They were called to the interview held on 6th and 7th of ...
Tag this Judgment!Dr. H.S. Kutaula Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-29-1998
Reported in: 1998(3)AWC1972
G.P. Mathur, J. 1. The U. P. Public Service Commission (hereinafter referred to as the Commission) issued advertisement No. 1/97 for making recruitment to 172 posts of veterinary doctors. In response to the advertisement, the petitioner made an application and he was called for interview. The result of the selection was declared on 22.10.1997 wherein the petitioner was shown to have secured 59th position. Subsequently, the Commission sent a letter dated 21.3.1998 to the petitioner informing him that his candidature had been cancelled. The present writ petition has been filed for quashing of the aforesaid order.2. In the advertisement issued by the Commission, the eligibility qualification mentioned for the post of veterinary doctor was B.V.Sc. and A.H. degree from a recognised University and age between 21 and 32 years. It was further mentioned that a relaxation of five years in age may be granted to suitable candidates. It is not in dispute that the petitioner was more than 32 years o...
Tag this Judgment!Committee of Management and Another Vs. Assistant Registrar, Firms, Ch ...
Court: Allahabad
Decided on: May-29-1998
Reported in: 1998(4)AWC745; (1998)2UPLBEC1271
Aloke Chakrabarti, J. 1. This writ petition was heard along with Civil Misc. Writ Petition Nos. 39006 of 1997 and 569 of 1998. The Azamgarh Muslim Education Society, a society registered under the Societies Registration Act, 1860, established two institutions named Shivali National (Post Graduate) College, Azamgarh and Shivali National Inter College, Azamgarh. The election of the society as well as of the Committee of Management of the aforesaid two Institutions was held pursuant to the direction given by this Court in earlier writ petition.2. With regard to the management of the Institutions, a serious dispute was existing and the same was decided by this Court on 5.9.1991 in a bunch of writ petitions. According to the direction given in the said judgment for holding the election by the District Inspector of Schools, Azamgarh, theelections were held on 28.10.1991 and was accorded recognition by the appropriate authority and the Committee of Management so constituted discharged functio...
Tag this Judgment!Madan Pal Singh Vs. Smt. Pushpa Lata Pandey and ors.
Court: Allahabad
Decided on: May-29-1998
Reported in: AIR1998All372
ORDERJ.C. Gupta, J. 1. This is tenant's writ petition with the prayer to quash the order dated 20-11-1995 passed by the prescribed Authority-respondent No. 8 and the order dated 21-2-1998 passed by the lower appellate authority-respondent No. 9. 2. The facts in brief are that the dispute relates to a house situated in Mohalla Nagran, district Budaun, which was under the tenancy of the father of the petitioner since before the time it was purchased by late Sri Bhagwat Dayal Pandey through a registered sale deed dated 4-7-1977. It is alleged that even prior to the purchase of the house in question Late Bhagwat Dayal Pandey had conveyed his intention to the petitioners father that he required the house in question for himself and the tenant had agreed for vacating the same within 4-5 months but when the tenant did not vacate, Sri Bhagwat Dayal Pandey served him with a notice informing him that the house in question has been purchased by him for his own use and asked the tenant to vacate t...
Tag this Judgment!Raj Mangal Vs. State
Court: Allahabad
Decided on: May-29-1998
Reported in: 1999CriLJ2418
ORDER1. The present Criminal Appeal is directed against the judgment and order dated 7-9-1991 passed by the I Additional Sessions Judge, Gonda, convicting the appellant under Section 302 I.P.C. and sentencing him to undergo Imprisonment for Life as well as to pay a fine of Rs. 2000/- and in default of payment of fine he was directed to undergo a further Rigorous Imprisonment of six: months in connection with an incident which is alleged to have taken place on 14-5-1989 at about 4-00 a.m. in the morning in village Narainpur Girant Police Station Mankapur, District Gonda.2. It is alleged that appellant Raj Mangal committed the murder of his wife Smt. Sonapati by inflicting Basula injuries on her. It is said that accused Raj Mangal had pawned the ornaments of his wife with Baba Prahlad Das. Smt. Sonapati used to demand the said ornaments from the accused but the accused always refused to return the said ornaments. It is said that in between the night of 13/14-5-1989 a quarrel took place r...
Tag this Judgment!Lallan Prasad Vs. State of U.P.
Court: Allahabad
Decided on: May-29-1998
Reported in: 1999CriLJ319
ORDERJ.C. Mishra, J.1. This application has been filed for quashing the criminal proceeding (S.T. No. 448 of 1983 State v. Lallan Prasad) pending in the Court of 1st Additional Sessions Judge, Moradabad on the ground that the applicant was tried for the same offence and acquitted.2. The learned counsel contended that on the principle of autre fois acquit orautre fois convict the accused cannot be tried for the same offence and, therefore, the sessions trial is liable to be quashed.3. Section 300 of the Code of Criminal Procedure provides that a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which different charge from the one made against him might have been made under Sub-section (1) of Section 221, or for which he might have been convicted under S...
Tag this Judgment!Hari Shanker Vs. State of U.P.
Court: Allahabad
Decided on: May-29-1998
Reported in: 1999CriLJ2393
I.P. Vasishth, J.1. The instant appeal is directed against the judgment of conviction and its corresponding order of sentence dated 19-6-1985 passed by Sri J. B. Singh, 11 Additional Sessions Judge, Pratapgarh requiring the appellant to undergo imprisonment for life for an offence Under Section 302 and six months rigorous imprisonment for an offence Under Section 323 of the Indian Penal Code.2. To trace a short history of the case, the appellant was prosecuted by the police of police station, Jethwara, district Pratapgarh on the allegation that on 2-9-1984 sometimes between 6 and 7 A.M. (morning) in a fit of insanity, he fatally assaulted his wife with a Kulhari in their residential house at village Tola Sarai Indrawat; the report was lodged at around 10.30 a.m. on the same day by his brother Dharam Raj P.W. 2 with the Moharrir Head Constable, Ravi Shanker Pandey P.W. 8. The intervening distance between the place of occurrence and the police station was stated to be about five kilometr...
Tag this Judgment!Rameshwar Vs. Vth Additional District Judge, Basti and Others
Court: Allahabad
Decided on: May-28-1998
Reported in: 1998(3)AWC2025
D.K. Seth, J. 1. An application for substitution was filed in Suit No. 357 of 1982. By an order dated 8.1.1998 the learned trial court recorded an order that in view of stay of further proceeding of the suit granted by this Court in Writ Petition No. 11841 of 1984 the said substitution application could not be disposed of, inasmuch as until stay of further proceeding is vacated the Court cannot proceed with the proceeding. Learned counsel for the petitioner Sri P. P. Chaudhary, contends that disposal of the application for substitution will not decide any controversy between the parties and would not amount to a case decided and neither it will affect the rights of the parties.2. I have heard Shri P. P. Chaudhary, learned counsel for the petitioner at length.3. The contention that the decision on an application for substitution will not amount to a case decided does not seem to be sound. A decision on an application for substitution is surely a case decided. Such decision affects the r...
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