Allahabad Court November 1999 Judgments
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Bhagyoday Builders Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-16-1999
Reported in: [2000]244ITR315(All); [2000]109TAXMAN329(All)
1. The Income-tax Appellate Tribunal, Allahabad, has under Section 256(1) of the Income-tax Act, 1961, referred for the opinion of this court the following questions stated to be of law and to arise out of the order dated February 27, 1981, passed in ITA No. 1531(Alld) of 1979 for assessment year 1975-76 :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that there was an element of profit on the value of materials supplied by the Government in the contract work and in that view confirming the estimate of income on the value of materials as determined by the Commissioner of Income-tax (Appeals) ?2. Whether, on the facts and in the circumstances of the case and on a proper construction of Section 58 of the Income-tax Act, 1961, and Rule 5 of the Income-tax Rules, 1962, the Appellate Tribunal was justified in disallowing 25 per cent. of the depreciation on the car on the ground of the use of the car by the partners and members...
Kamla Singh Vs. Regional Joint Director of Education, Azamgarh Divisio ...
Court: Allahabad
Decided on: Nov-16-1999
Reported in: (2000)1UPLBEC534
Aloke Chakrabarti, J.1. This writ petition was heard alongwith Civil Misc. Writ Petition No. 16333 of 1999, Daya Shanker Shukla v. District Inspector of Schools and Ors..2. The dispute involved herein relates to seniority between the present petitioner Sri Kamla Singh and respondent No. 4 herein Sri Daya Shanker Shukla.3. The factual background relevant for the present purpose are that Sri Kamla Singh, the petitioner had been appointed as Lecturer in Botany on 12-7-1966 and Sri Daya Shanker Shukla was initially appointed on 14-7-1966 as Lecturer in Mathematics. The District Inspector of Schools, Ballia accorded approval to the appointment of the petitioner on 12-1-1967. Appointment of Sri Shukla was accorded approval on 28-10-1966. The District Inspector of Schools on 27-6-1979 accorded approval to the appointment of Smt. Kamla Singh with effect from 12-7-1966, i.e., the date of initial appointment of the petitioner. The seniority list of institution showing the petitioner as senior to...
Prem Singh Pawar and anr. Vs. Uttar Pradesh Prathmik Shikshak Sangh an ...
Court: Allahabad
Decided on: Nov-16-1999
Reported in: (2000)2UPLBEC1168
Sushil Harkauli, J.1. There is a body known as 'U.P. Pradeshik Prathmik Shikshak Sangh' which is an Association of teachers of U.P. It has not been created under any statute or statutory rules. The said body is hereinafter referred to as the Association. It has district level units. By an order dated 22-5-1998 the General Secretary of the Association has dissolved the Managing Committee of the Dehradun district unit and had directed fresh election under the supervision of an ad hoc committee. That order is under challenge by the Managing Committee of the Dehradun district unit and its alleged President. The said unit is hereinafter referred to as the Union.2. A preliminary objection was raised on behalf of the respondents about the maintainability of this writ petition against the non-statutory Association.3. In support of the preliminary objection the learned Counsel for the respondent No. 3 has relied upon the following decisions :1. AIR 1975 SC 1331, Sukhdev Singh v. BSS;2. AIR 1979...
Tony Electronics Ltd. and anr. Vs. Commissioner Central Excise
Court: Allahabad
Decided on: Nov-16-1999
Reported in: 2000(67)ECC493
ORDERM.C. Agarwal, J.1. These two petitions filed by the petitioners named above challenge the identical orders dated 9.2.1999 passed by the designated authority, i.e. the Commissioner Central Excise, Meerut-2 rejecting the respective declarations filed by the petitioners under the 'Kar Vivad Samadhan Scheme, 1998' as contained in Chapter IV of Finance (No. 2) Act. 1998.2. We have heard Sri Rajesh Kumar learned counsel for the petitioner and Sri Vikram Gulati learned Standing Counsel for the respondent.3. There were certain tax due from the petitioners under the Central Excise Act, in respect of which they opted to avail the benefit under the aforesaid Scheme and filed the requisite declarations. According to Section 95 of the Act, the Scheme was not to apply in certain cases and one of the categories of such cases is mentioned in Sub-clause (ii)(c) as under:(c) in a case where no appeal or reference or writ petition is admitted and pending before any appellate authority or the High Co...
A.K. JaIn Vs. State of U. P. and Others
Court: Allahabad
Decided on: Nov-15-1999
Reported in: 2000(2)AWC1439
R.H. Zaidi, J. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 24.2.1982 passed by U. P. Public Services Tribunal-IV, Lucknow dismissing the claim petition filed by petitioners as well as order dated 13.8.1975 whereby petitioner was reverted from the post of Assistant Engineer to his substantive post of Junior Engineer and the order dated 22.4.1976 whereby the representation filed by the petitioner against the order of reversion was rejected by respondent No. 2.2. In brief the facts of the case giving rise to the present petition, arethat in the year 1952 petitioner wasappointed as Overseer (JuniorEngineer) in the Public WorksDepartment. At the time ofappointment, petitioner possesseddiploma in Civil Engineering.Subsequently, in the year 1956, healso passed AMIE examination whichwas equivalent to a degree in the CivilEngineering. Services o...
ishwar Chandra Garg Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-12-1999
Reported in: 2000(2)AWC1362
S.H.A. Raza and Kamal Kishore, JJ.1. It is well-settled by the Hon'ble Supreme Court in the case of P. D. Agarwal v. State of U. P., 1987 (3) SCC 622. that the seniority of Assistant Engineer shall be from the date of his substantive appointment either on temporary or permanent post. According to the Rules, an Assistant Engineer will become a member of service if he is appointed substantively either on temporary or permanent post, meaning thereby; that the appointment should be in accordance with rules. The post of Assistant Engineer which is a feeder post for the purpose of determination of the seniority is from two sources ; one through process of promotion and secondly by direct recruitment. The post of Assistant Engineer is within the purview of the PublicService Commission. If a person is selected by the Public Service Commission, then according to the seriatim of select list, the appointment orders would be issued. When in pursuance of the appointment order, a person joins a post...
Ranjeet Singh and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-12-1999
Reported in: 2000(2)ALD(Cri)291; 2000CriLJ2738
Palok Basu, J.1. The substantial issue in the instant six matters is whether a Magistrate/Court before rejecting a 'Final-Report' filed by an Investigating Officer, has to hear the accused on his appearing voluntarily or after notice irrespective of the fact whether or not the informant is proposed to be heard with or without a protest petition challenging the said Final Report.2. However, the history of listing of these cases is reprehensible if not condemnable. As early as on 21-7-1994, the Hon'ble the Chief Justice constituted a Full Bench to decide a reference to a Larger Bench made by one of us (Hon. G. P. Mathur J.) in Ranjeet Singh's matter because the Hon'ble the Chief Justice considered the matter to be of general importance. Strangely, it was not listed for nearly three years whereafter the Hon'ble the succeeding Chief Justice passed an order dated 19-6-1997 constituting this Full Bench. The matter however, came to be listed only on 7-9-1999 when it transpired that the afores...
Babu Ram and Another Vs. Deputy Cane Commissioner, Morabadad and Other ...
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000(1)AWC862; [2000(85)FLR466]; (2000)1UPLBEC422
A. K. Yog, J.1. Babu Ram and Harbir Singh, the two petitioners have filed this petition under Article 226. Constitution of India claiming a writ of certiorari to quash the order dated November 19, 1994 (Annexure-1 to the writ petition) in compliance to the resolution dated February 28, 1994 (Annexure-1A to the writ petition) as well as writ of mandamus directing the respondents not to interfere with the working of the petitioners as Seasonal Clerks and pay salary to them accordingly.2. Briefly stated facts are that petitioners were appointed as Parchi Vltrak in the Office of Cane Society, Bijnor. In the year 1977-78 respectively. Question arose for making promotion to the post of Seasonal Clerk, which required High School as minimum quailfication.3. In paragraph 4 of the petition, it is alleged that petitioners had passed 'Prathma' examination from Hindi Sahitya Sammelan, Allahabad. According to the petitioners, the said examination is equivalent to High School. Reliance has been place...
Dinesh Chandra Saxena Vs. Nootan Saxena
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000(2)AWC953
Sudhir Narain, J. 1. The corequestion Involved here Is whether the appellant Is liable to pay fixed court fee of Rs. 37.50 under Article 21A of Schedule II of the Court Fees Act as amended in U. P. for the purposes of payment of court fee in the appeal from final order passed in disposing of the application under Section 27 of the Hindu Marriage Act, 1955 (In short the Act) or ad valorem court fee on the basis of valuation fixed In the appeal.2. Briefly stated the facts are that Dinesh Chandra Saxena. the appellant herein, filed suit for divorce against his wife Smt. Nootan Saxena on the grounds mentioned under Section 13 of the Act before the Family Court. The suit for divorce was decreed. His wife filed an application under Section 27 of the Act to return her stridhan which were in possession of her husband. The Judge. Family Court allowed the application and directed the appellant to pay sum of Rs. 51,000 to the respondent for the goods which were returnable by him to his wife. The ...
Maya and Co., Etah and Another Vs. Commissioner, Agra Division, Agra a ...
Court: Allahabad
Decided on: Nov-11-1999
Reported in: 2000(2)AWC999; (2000)1UPLBEC141
Binod Kumar Roy and Lakshmi Bihari, JJ. 1. By filing this writ petition on 3rd July. 1989, the petitioners, who are organised contractors taking contracts of various bodies including the Nagar Palika. Etah, for performing works entrusted to them in regard to construction of buildings, roads, drainage, etc. including repairs thereof have come up with following prayers (i) to quash the bye-laws of Etah Municipality framed under Section 298(2) List I J-Miscellaneous (d) of the Provincial Municipalities Act, 1916. (hereinafter referred to as the Act) published on 3rd September. 1988 (as contained in Annexure-1) and (ii) to command Etah Municipality (Respondent No. 2) to refund the amount taken or deducted from their Bills prepared under bye-law 10 of the impugned bye-laws.2. On 4th July, 1989, the following interim order was passed by the Division Bench :'Till further orders of Court opposite parties are directed not to refuse to entertain tender of petitioner only because they have not go...
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