Allahabad Court December 1999 Judgments
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U.P. Forest Corporation Vs. Deputy Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-13-1999
Reported in: (2001)165CTR(All)246; [2000]245ITR721(All)
1. This is an appeal by the U. P. Forest Corporation under Section 260A of the Income-tax Act, 1961, and is directed against the judgment and order passed by the Income-tax Appellate Tribunal, Bench-B, Allahabad, in ITA No. 209 (All) of 1993, for the assessment year 1990-91.2. We have heard Sri S, P. Gupta, learned senior advocate for the appellant, assisted by Sri S. D. Singh, learned counsel for the appellant.3. The U. P. Forest Corporation is an undertaking' of the Government of U. P. In the income-tax assessment proceedings, it set up a case that it is a local authority within the meaning of Section 10(20) of the Income-tax-Act, 1961, and, therefore, its income is exempt. This plea was not accepted by the Assessing Officer and an assessment was made by order dated August 27, 1992. The appellant appealed to the Commissioner of Income-tax (Appeals) who vide order dated November 23, 1992, decided the issue in favour of the appellant and in doing so, he followed a judgment of this cour...
Shiv Baran Singh Vs. Collector, Allahabad and Others
Court: Allahabad
Decided on: Dec-10-1999
Reported in: 2000(1)AWC420
A. K. Yog, J.1. This petition has been filed by one Shiv Baran Singh (Petitioner) against the impugned order dated 13.9.1996 passed by the District Magistrate, Allahabad and appellate order dated 4.10.1999, passed by the Commissioner, Allahabad Division, Allahabad (respondent Nos. 1 and 2). (Annexures-7 and 8 to the writ petition respectively).2. A perusal of the impugned orders shows that the concerned authorities under the Arms Act have refused to grant permission in favour of the petitioner for holding fire arm on the ground that the petitioner did not indicate in his publication any particular or special fact which would have justified grant of arms licence in his favour. The Impugned order dated 13.9.1996 is in the form of an endorsement passed by the District Magistrate on the recommendation of the Additional District Magistrate (Rural area) and the Arms Clerk in favour of the petitioner. The said order reads :'There is no special circumstance as such.'The said order does not sho...
Bhagwati Devi Alias Bhaggo Devi Vs. Iiird Additional District Judge, A ...
Court: Allahabad
Decided on: Dec-10-1999
Reported in: 2000(1)AWC549
A.K. Yog, J.1. Smt. Angoori Devi and Mahendra Kumar (Respondent Nos. 2 and 3 in the present petition), after serving notice as required under law (Annexure-3 to the writ petition) filed J. S. C. C. Suit No. 483 of 1982 for ejectment, arrears of rent, pendente lite damages for use and occupation of a portion of the ground floor of the premises Nos. 105 and 105/1 situate in Katra Sunaran, Farrukhabad (Agra) in the tenancy of Smt. Bhagwati Devi (petitioner), at the rate of Rs. 32 per month. Details of the plaintiffs case can be had from the plaint; copy of which has been filed as (Annexure-1 to the writ petition).2. The Defendant-tenant (petitioner) contested the suit by filing written statement (Annexure-2 to the writ petition).3. After parties had led evidence and were given opportunity to contest the suit on merit. Judge Small Causes Court (hereinafter called the trial court) held that notice WAS legal and valid, but refused to grant relief to the plaintiff for eviction of the tenant a...
Gyan Chandra Vs. State of U. P.
Court: Allahabad
Decided on: Dec-10-1999
Reported in: 2000(2)AWC1124; (2000)1UPLBEC813
P. K. Jain, J. 1.In the year 1972-73 the State of Uttar Pradesh acquired 101.7109 acres of land in village Dundhara, Pargana Loni, Tehsil and district Ghaziabad for Industrial Development Corporation for planned development of industries. Notification under Section 4(1) of the Land Acquisition Act was published on 25.4.1972 and under Section 6 of the Act was published on 6.4.1973. Possession of the land was taken on 1.6.1973. The Special Land Acquisition Officer made its award on 30.11.1976. Market value of the acquired land was fixed at the rate of Rs. 2 per sq. yard. The land owners in addition to the market value were awarded solatium at the rate of 15% per annum and interest at the rate of 6% per annum on the amount of compensation. Besides compensation for the land, compensation for buildings, trees, etc. was also awarded to the land owners. All the land owners in the present appeals felt aggrieved by the award of the special land acquisition officer. They filed applications befor...
Lal Mohammad (Since Deceased) thereafter Jan Mohammad and Others Vs. I ...
Court: Allahabad
Decided on: Dec-10-1999
Reported in: 2000(2)AWC1444
R. H. Zaidi, J. 1. Heard learned counsel for the parties and also perused the record. 2. 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 judgment and order dated 26.5.1992 passed by 1st Additional District Judge. Sultanpur, allowing the appeal filed by contesting respondent No. 3 and staying operation of judgment and decree passed in Original Suit No. 189 of 1983. 3. Relevant facts of the case in brief are that the petitioners filed Original Suit. No. 189 of 1983 for partition of the property in dispute. The said suit was decreed on the basis of the compromise vide judgment and decree dated 23.5.1983. Thereafter, respondent No. 3 filed Original Suit No. 619 of 1989 for declaration that Judgment and decree passed in O.S. No. 189 of 1983 was null and void. In the said suit, he had also filed an application for grant of interim injunction under Order XXXIX, Rule...
Dilip Kumar Vs. Family Court
Court: Allahabad
Decided on: Dec-10-1999
Reported in: 2000CriLJ3893; II(2001)DMC584
ORDERS.K. Agarwal, J. 1. Heard learned Counsel for applicant, Mr. Shankar Suan, learned Counsel for the opposite party, and also learned A.G.A. for the State.2. On the last date, while admitting this application, a clear direction was given to the State Counsel that he shall also prepare himself on the question whether any Court deciding an application for recovery of the amount due under Section 125, Cr.P.C. to the wife from the delinquent husband can pass an order of his confinement for a period of one year compositively or any other consolidated period.3. A perusal of Section 125(3), Cr.P.C. very clearly indicates that no such order can be passed by any Court, be it Family Court or a Court of a Judicial Magistrate. The Courts are entitled to pass an order against any delinquent husband who has not made the payment and allowed the wife to lead a destitute life, in the absence of such payment, to a confinement or imprisonment for a term which may extend to one month or until payment i...
Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...
Court: Allahabad
Decided on: Dec-09-1999
Reported in: 2000(1)AWC493
N.K. Mitra, C. J.1. Petitioner is a company registered under the Companies Act, 1956, with having its registered office at 37-38 Community Centre, East of Kailash, New Delhi. The present petition has been instituted under Article 226 of the Constitution for the relief of issuance of a writ, order or direction in thenature of certiorari quashing the recovery certificate dated 10.11.97, as well as the consequential letter dated 20.11.97 from the Collector, Kanpur Nagar to the Collector. New Delhi, Tees Hazari Court, requesting the latter to recover the amount detailed at the margin of the letter from the petitioner as arrears of land revenue and credit it to the treasury of his district under intimation to the former and the notice dated 8.10.98 issued from the Court of Sub-Divisional Officer of the concerned area. New Delhi to the petitioner directing the latter to deposit a sum of Rs. 2,04, 48,000 in the account of the U. P. State Industrial Development Corporation. Kanpur, by 14.10.98...
Ranbir Singh Vs. District Inspector of Schools, Jalaun at Orai and Oth ...
Court: Allahabad
Decided on: Dec-09-1999
Reported in: 2000(1)AWC487; (2000)1UPLBEC518
Ravi S. Dhavan, J.1. This special appeal is the third case relating to the same issues about elections within a society known as the Mahatma Gandhi Shiksha Pracharini Samiti, Kudari, district Jalaun. This society runs an institution known as the Mahatma Gandhi Uchchattar Madhyamik Vidyalaya, Khudari, District Jalaun. This institution is recognised under the U. P. Intermediate Education Act, 1921 and the regulations framed under the Act, aforesaid. The institution has a scheme of administration which saw amendments and it is accepted that the scheme of administration together with the amendments had been approved by the Deputy Director of Education, Jhansi Region, Jhansi, on 31st December, 1983. It was by an ad interim order dated July 17, 1992 in writ petition No. 28806 of 1992 that there was a direction, regard being had to certain circumstances that the District Inspector of Schools, Jalaun, was required to take over the institution forthwith and operate the accounts of the instituti...
Pilkhani Distillery Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Dec-09-1999
Reported in: 2000(2)AWC1156
S. Rafat Alam, J.1. These two petitions have been tiled by the same petitioners, involving a common controversy and therefore, they were heard together and are being disposed of by a common judgment.2. The petitioner has prayed for quashing of the Notification dated 24.2.1984 (Annexure-1) amending sub-rule (11) of Rule 7 of the U.P. Bottling of Foreign Liquor Rules, 1969 (for Short the Rules) whereby and whereundcr the limit of wastage during the course of bottling of the liquor has been reduced from 1% to 0.8%. Further prayer has been made for quashing of the consequential orders (Annexures-2 and 3) directing the petitioner to pay the amount of duty towards wastage of spirit which had occurred in the course of bottling and also to refund the amount paidthereof- in Writ Petition No. 629 of 1984, a sum of Rs. 6,297.50 for the month of March, 1984 (Annexure-2 to the petition), and in Writ Petition No. 943 of 1984, a sum of Rs. 8,470 for the month of August and Rs. 5,436 for the month of ...
Shiv Nayak Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-09-1999
Reported in: 2000(2)AWC1367
Jagdish Bhalla, J.1. By means of this petition, the petitioner has prayed for a writ of certiorarl quashing the order of dismissal fromservice and recovery of Rs. 13,90,526. Further a prayer has also been made to issue a writ tn the nature of mandamus commanding the opposite parties to reinstate the petitioner with all benefits of service.2. The case of the petitioner, stated in brief, is that while being posted as District Youth Welfare and Prantiya Vikas Dal Officer. Bahraich, he was suspended by order dated 28.8.1992 in contemplation of enquiry on the charges of financial irregularities and embezzlement of money. That suspension order was subsequently revoked by the State Government by order dated 1.10.1992. However, the disciplinary enquiry was to continue against the petitioner. Thereafter on 15.6.1993 the opposite parties issued a charge-sheet to the petitioner to which he submitted reply on 12.8.1993. On the basis of the report of the Enquiry Officer, the petitioner was given a ...
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