Allahabad Court December 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
U.P. State Road Transport Corporation Vs. Income-tax Appellate Tribuna ...
Court: Allahabad
Decided on: Dec-02-1999
Reported in: [2000]245ITR711(All)
M.C. Agarwal, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961, praying that the Income-tax Appellate Tribunal, Allahabad, be directed to state a case and to refer the following questions stated to be of law and to arise out of the Tribunal's order dated October30, 1996, passed in ITA No. 2294 (Alld.) of 1995 for the assessment year 1992-93 for the opinion of this court :'1. Whether the Tribunal was justified in the circumstances of the case to distinguish the audit report obtained under Section 44AB of the assessment year 1992-93 from that of the assessment year 1991-92 and thus arrive at a different conclusion ? 2. Whether a qualified audit report by the chartered accountant in the circumstances of the case is invalid and has no sanctity in the eyes of law ? 3. Whether the Tribunal was justified in the circumstances of the case in refusing to consider the contention that Section 44AB of the Income-tax Act was not attracted in the case of the corporation si...
Rafat Mian Vs. State of U.P.
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000CriLJ3039
M.C. Jain, J.1. The appellant is one Rafat Mian, who has preferred this appeal against the judgment and order dated 31-5-85 passed by Sri B. N. Srivastava, the then Sessions Judge, Bareilly in Sessions Trial No. 447 of 1984 whereby he has been convicted under Sections 376/511, I.P.C. and under Section 302, I.P.C. He has been sentenced to rigorous imprisonment for three years under Sections 376/511, I.P.C. and imprisonment for life under Section 302, I.P.C. Both the sentences have been order to run concurrently.2. The prosecution case as emerging from the First Information Report and the evidence on record may briefly be stated. The victim was Km. Babbo, aged about 17 years, daughter of Smt. Kishmari (a muslim widow). Her two daughters had been married and she was residing with the victim along with her younger daughter Suriya PW 1 and two sons-Gulam Sabir PW 2 and Gulam Quadir, who were self-employed on some minor jobs. The deceased with her family members was residing under guardiansh...
Lal Man and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000CriLJ3336
M.C. Jain, J.1. Two appellants, namely, Lal man and Tej Singh have preferred this appeal against the judgment and order dated 15-3-1980 passed by Sri Sachidanand, the then Sessions Judge, Farrukhabad in Sessions Trial No. 334 of 1979. He convicted both the appellants under Sections 394/397 I.P.C. and sentenced each of them to undergo rigorous imprisonment for eight years. Appellant Lalman was further convicted under Section 302 I.P.C. and sentenced to undergo life imprisonment.2. Lalman died during the pendency of the appeal and the same abated against him by order dated 20-7-1998. Therefore, presently we are concerned only with the other appellant Tej Singh. He happened to be the brother-in...aw of the deceased appellant Lalman being the husband of his sister.3. Shortly put, the case of prosecution was that at about mid night in between 6/ 7-10-1979 in village Sithauli, Police Station Mohammadabad, District Farrukhabad, the present appellant, deceased appellant Lalman and two others r...
U.P. State Road Transport Corpn. Vs. Income Tax Appellate Tribunal
Court: Allahabad
Decided on: Dec-02-1999
Reported in: [2000]111TAXMAN352(All)
Agarwal, J.This is an application under section 256(2) of the Income Tax Act, 1961 Income Tax Act praying that the Tribunal, Allababad, be directed to state a case and to refer the following questions stated to be of law and to arise out of the Tribunal's order dated 30-10-1996 passed in IT Appeal No. 2294 (All.)/ 1995 for the assessment year 1992-93 for the opinion of this court :'1. Whether the Tribunal was justified in the circumstances of the case to distinguish the audit report obtained under section 44AB of the assessment year 1992-93 from that of the assessment year 1991-92 and, thus, arrived at a different conclusion 2. Whether a qualified audit report by the Chartered Accountant in the circumstances of the case invalid and has no sanctity in the eyes of law3. Whether the Tribunal was justified in the circumstances of the case in refusing to consider the contention that section 44AB of the Income Tax Act was not attracted in the case of the Corporation since its activities do n...
Lalta and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-02-1999
Reported in: 2000CriLJ4526
M.C. Jain, J.1. This Criminal Appeal has been preferred by four appellants, Lalta, Ram Bharose, Ram Bahadur and Chandra Bali against the judgment and order dated 25th October, 1980 passed by Sri C. Mohan, the then Sessions Judge, Basti in Sessions Trial No. 180 of 1980. The learned Sessions Judge has convicted all of them under Section 302 I.P.C. read with Section 34 I.P.C. and 323 I.P.C. read with Section 34 I.P.C. Each of them has been sentenced to undergo life imprisonment under Section 302 I.P.C. read with Section 34 I.P.C. and six months rigorous imprisonment under Section 323 I.P.C. read with Section 34 I.P.C. Both the sentences have been ordered to run concurrently.2. The salient features of the case, as emerging from the First Information Report and the evidence adduced in the Court, may be noted. The incident took place on 18-3-1980 at about 9.30 A.M. in village Mishrauiia, Police Station Kotwali of District Basti. The First Information Report was lodged the same day at 11.55 ...
Pramod Kumar Verma Vs. Vi Additional District Judge, Bijnor and Others
Court: Allahabad
Decided on: Dec-01-1999
Reported in: 2000(1)AWC412
Sudhir Narain, J.1. This writ petition is directed against the order of the Prescribed Authority dated 13.11.1998 whereby the application flied by the landlord respondent No. 3 against the petitioner for release of the disputed shop has been allowed and the order of the Appellate Authority dated 20.10.1999 affirming the said order in appeal.2. Briefly stated the facts are that respondent No. 3 filed application under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the Act) on the allegationthat he has to sons, namely. Mukesh Kumar and Atul Kumar. His son Mukesh Kumar is doing independent business. His younger son. Atul Kumar is unemployed and requires the shop to carry on independent business. The petitioner contested the said application. It was denied that Atul Kumar was unemployed and requires the disputed shop for carrying on business. The Prescribed Authority recorded a finding that the need of respondent No. 3 to set up h...
Ghaziabad Development Authority, Ghaziabad and Others Vs. S.K. Gupta a ...
Court: Allahabad
Decided on: Dec-01-1999
Reported in: 2000(2)AWC1037
P. K. Jain, J.1. These tworevisions arise out of two separate orders dated 12.12.1997 passed by Vth Additional Civil Judge, Ghaziabad in Execution Case Nos. 18 of 1997 and 17 of 1997 respectively.2. The opposite parties had filed two suits being Suit No. 553 of 1993 S.K. Gupta and 3 others v. Ghaziabad Vikas Pradhikaran, Ghaziabad and Suit No. 669 of 1995, S. K. Gupta and 3 others v. Ghaziabad Vikas Pradhikaran and others under Sections 8 and 20 of the Indian Arbitration Act in which main prayer was that in view of the contract between the parties the dispute be referred to the arbitrator. Both the suits were decided by judgments dated 10.11.1993 and 4.5.1996 respectively. Both the suits were decreed. Ultimately Sri Shailendra Saxena was appointed as arbitrator, who completed the arbitration proceedings and gave awards dated 19.12.1996 and 26.8.1996 respectively. It is the case of the opposite parties that after giving notice to the parties for the awards the arbitrator filed the award...
Dr. Shanker Nath Das Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-01-1999
Reported in: 2000(2)AWC1327
R.H. Zaidi and R.P. Nigam, JJ.1. By means of this petition filed under Article 226 of the Constitution ofIndia, petitioner mainly prays for issuance of a writ, order or direction in the nature of mandamus directing the opposite party Nos. 1 to 3 to pay the petitioner the amount of pension giving him the benefit of his 22 years' past service with the State Government in accordance with Fundamental Rule 14 (a) contained in Financial Hand Book-11 (Part TT to IV). Prayer for a direction to the respondents to take decision on the representations filed by the petitioner, has also been made.2. The relevant facts of the case, giving rise to the present petition, are that the petitioners while he was working on the post of Superintendent. Physical Education, Government Training Colleges, U. P.. in the Education Department. Government of U. P.. was appointed as lecturer in the Department of Physical Education in Banaras Hindu University in the year 1965 under the order of Government of U. P. dat...
Rajeev Vashistha (In Jail) Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-01-1999
Reported in: 2000CriLJ2242
O.P. Garg, J.1. The petitioner, a student of B. Com Part I, a budding youth of 21-22 years of age, seeks a writ of Habeas Corpus for being set at liberty on quashing the order of detention dated 30-6-1999, a copy of which is Annexure 1 to the writ petition, passed by the District Magistrate, Hardwar-respondent No. 2 under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act'), which was approved by the State Government-respondent No. 1 and later on confirmed on 20-8-1999 after the receipt of the recommendations of the Advisory Board constituted under the Act.2. The gist of the matter is that on 6-5-1999 at about 4 p.m. on Kankhal Road one Rajesh Sharma was murdered at his shop by opening fires by co-accused persons who were accompanying the present petitioner the detenu. Radheshwar Sharma, brother of the deceased laid an F.I.R. of the incident at 5.35 p.m. on the same day at P.S. Jwalapur, Hardwar in pursuance of which a case-crime No. 191 of 1999 under ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›