Allahabad Court September 1999 Judgments
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Om Prakash Vs. Jaswant Singh and Others
Court: Allahabad
Decided on: Sep-27-1999
Reported in: 1999(4)AWC3129
B. K. Sharma, J. 1. Detailedarguments have been advanced in this appeal on the question of admission which includes the questions whether any substantial questions of law arise in this appeal as are required under Section 100 of the Code of Civil Procedure.2. The basic facts may be stated first. P.A. Case No. 77 of 1972 for release under Section 21 of the Act 13 of the 1972 was filed by Sri Devki Nandan (since deceased respondent Nos. 1 to 7 being his L. Rs-) versus Sri Guru Bachan Singh and others. In which Sri Sant Ram present respondent No. 8 was one of the defendant as tenant of a part of the premises 15 Ghosi Gali, Dehradun. The release application was duly allowed vide order of the Prescribed Authority on 27.3.1976. Both the tenants Sri Guru Bachan Singh etc. and Sri Sant Ram filed appeal on 20.4.1976 and vide order of the appellate court dated 18.10.1976,the case was remanded to the learned Prescribed Authority for decision afresh in the light of the observations made in the jud...
Om Rice Mill and ors. Vs. Banaras State Bank Ltd. and anr.
Court: Allahabad
Decided on: Sep-27-1999
Reported in: [2001]107CompCas278(All)
D.K Seth, J.1. The opposite party has filed C. S. No. 88 of 1992 against the petitioners for recovery of a sum of Rs. 5,97,112.23. In the plaint, it was alleged that the opposite party-plaintiff bank sanctioned an application dated October 20, 1984, of defendant No. 1 and granted credit facility--cash credit (pledge) of Rs. 4.5 lakhs and cash credit (Hyp.) of Rs. 4 lakhs on the terms and conditions as pleaded in the plaint against mortgage of the properties and execution of various documents mentioned in paragraphs 5 and 7. The arguments were over and the suit was fixed for order and judgment. At that stage the plaintiff filed an application for amendment on August 30, 1998, together with a prayer for deferring the delivery of the judgment till disposal of the application for amendment. The said application for deferring the date was allowed. The defendant thereafter, had filed an objection to the application for amendment. After considering the same, the application for amendment was ...
Commissioner of Income-tax Vs. Meerut Gun House
Court: Allahabad
Decided on: Sep-27-1999
Reported in: [2000]245ITR254(All)
1. The Income-tax Appellate Tribunal, Delhi Bench 'B', Delhi, in exercise of the powers under Section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that two separate assessments should be made against the reconstituted firm, one in respect of the income derived by it before reconstitution and the other in respect of the income derived after reconstitution ?'2. The aforesaid question is stated to arise out of the Tribunal's order dated November 15, 1980, passed in ITA No. 4253 (Delhi) of 1979 for the assessment year 1976-77.3. We have heard Sri Ashok Kumar, learned standing counsel for the Revenue, and Sri P.K. Misra, advocate, holding brief from Sri Bharat Ji Agarwal, counsel for the respondent.4. The respondent, Meerut Gun House, Meerut, was a partnership firm with six partner...
Gajendra Kumar Sharma Vs. General Manager, the Bajpur Co-operative Sug ...
Court: Allahabad
Decided on: Sep-27-1999
Reported in: (1999)3UPLBEC2452
D.K. Seth, J.1. The petitioner has prayed for a mandamus commanding the respondents to treat the petitioner as permanent employee instead of seasonal employee on the date when his juniors have been confirmed. The writ petition has been directed against the Bajpur Co-operative Sugar Factory Ltd., a Co-operative Society, registered under the U.P. Co-operative Societies Act. Before Mr. Dilia learned Counsel for the petitioner could open his case, Mr. A. K. Mishra, learned Counsel for respondents has taken a preliminary objection.2. According to Mr. Mishra, the Co-operative Sugar Factory, is a Cooperative Society which is not a State within the meaning of Article 12 of the Constitution of India as has been held in the case of Radha Charan Sharma v. U.P. Co-operative Federation and Ors., 1982 UPLBEC 89(FB) : 1982 ALR 342 (FB), and therefore, the writ petition is not maintainable against respondent No. 1. He then contends that no writ lies against Kishan Sahkari Chini Mill, which has since b...
Shyam Biri Works (P) Ltd. Vs. Asstt. Cit
Court: Allahabad
Decided on: Sep-27-1999
Reported in: (2001)70TTJ(All)880
ORDERI.S. Verma, J.M.These are cross-appeals by the assessee and revenue.2. Income Tax Act Nos. 2322 & 2657 (All)/1991 are by the assessee wherein the assessee has objected the order of the Commissioner (Appeals), confirming the levy of penalty under section 271(1)(c) on quantum of income disclosed by the assessee, during the course of search under section 132, whereas Income Tax Act Nos. 2240 & 2660 (All.) 1991 are by the revenue wherein order of the Commissioner (Appeals) cancelling the penalty on the amount of various disallowances are quantum of differences between the assessees claim of disclosing return of income has been cancelled. For the sake of convenience all the appeals are decided by this consolidated order.3. We have heard the assessees counsel as well as the learned Departmental Representative but before considering their respective submission, we prefer to record the brief facts as revealed from the records and are not in dispute, as under:4. The assessee is a private l...
Hoti Lal Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Sep-25-1999
Reported in: (2000)1UPLBEC74
Dev Kant Trivedi, J.1. The present petition is directed against the order dated 30th March, 1991 whereby the petitioner was removed from service.2. The petitioner was appointed as a Bus-Conductor on 1st June, 1976. On 9th July, 1988 he was on duty and was proceeding from Fatehpur to Etawah on Bus No. UGG 108. The Bus in question was checked by the Assistant Regional Manager, U.P. S.R.T.C. and 16 passengers were found without ticket. The petitioner was suspended from service. Chargesheet was served on 16th August, 1988. Reply was submitted on 22nd October, 1988. The suspension was revoked on 24th October, 1988. On 30th March, 1991 the petitioner was removed from service. The appeal filed against the said order of removal was dismissed on 23rd June, 1991.3. The petitioner claims that 16 passengers which were found to be without ticket, caused a loss of Rs. 167- only as the fare from Bindki to Khajuha was only Rs. 1/- per head. Thus, the petitioner claimed that the punishment of removal w...
Bekaru Vs. District Judge, Sidharth Nagar and Others
Court: Allahabad
Decided on: Sep-24-1999
Reported in: 2000(1)AWC149
D.K. Seth, J. 1. The application for recalling the order dated 23rd of August, 1999 is allowed since the writ petition was dismissed as infructuous whereas fn the said application, it was contended that it has not become infructuous. The writ petition is, therefore, restored to its original file and number.2. After restoring the writ petition, the matter is treated to be on day's list and is being taken up for hearing by consent of the parties both of whom had addressed the Court.3. The election of the Pradhan was challenged in Election Petition No. 41 of 1995, which was decided by the Prescribed Authority by an order dated 27th December, 1995. ElectionRevision No. 2 of 1995 was preferred against the order passed by the Prescribed Authority in the said Election Petition No. 41 of 1995. The learned District Judge, Siddharth Nagar by its order dated 2nd March, 1996 has dismissed the said Revision No. 2 of 1995 and confirmed the order dated 27th December, 1995 passed in the Election Petit...
Commissioner of Income-tax Vs. Dhanaura Oil Industries
Court: Allahabad
Decided on: Sep-24-1999
Reported in: [2001]248ITR445(All); [2001]117TAXMAN780(All)
1. At the instance of the Commissioner, the Income-tax Appellate Tribunal, Delhi Bench 'B', Delhi, has referred the following question stated to be of law and to arise out of its order dated December 10, 1980, passed in I.T.A. No. 3279(Del) of 1978-79 for the assessment year 1971-72 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in remitting the matter to the Commissioner of Income-tax (Appeals) for deciding the appeal afresh after giving the assessee an opportunity of being heard ?' 2. We have heard Sri Prakash Krishna, learned standing counsel for the Commissioner. No one has appeared on behalf of the respondent. 3. The Tribunal disposed of the assessee's appeal with the following observations : '4. The assessee has come up in second appeal as regards the quantum of assessment. The appeal was heard ex parte as assessee failed to appear at the hearing. Learned Commissioner (Appeals) firstly, pointed out that the grounds of appeal as fil...
Rang Nath Vs. Vith Addl. District Judge, Varanasi and Others
Court: Allahabad
Decided on: Sep-24-1999
Reported in: 1999(4)AWC3220
J.C. Gupta, J. 1. This is landlord's petition challenging the order of the revisional court dated 5.10.93 whereby decree of eviction passed by the trial court has been set aside.2. The dispute relates to a shop in respect of which suit for eviction was filed by the petitioner against respondent Nos. 2 and 3 with the allegations that respondent No. 3. owner of the Firm-respondent No. 2 was inducted as tenant in the disputed shop from 1.12.1975 at a monthly rent of Rs. 200 plus water tax at the rate of Rs. 19.83 paise per month ; that the rent was subsequently enhanced to Rs. 300 per month from 1.12.1983 and then again to Rs. 400 per month with effect from 1.9.87 which was paid by the defendants till October, 1987 but water tax at the rate of Rs. 19.83 per month from 1.12.1975 to 25.7.88 amounting to Rs. 3.000.17 palse wasnot paid despite service of notice ; that the defendant tenant also had not paid rent from 1.11.1987 despite service of notice of demand ; and that the tenancy of the d...
Shiv Prasad Srivastava Vs. Registrar, High Court of Judicature at Alla ...
Court: Allahabad
Decided on: Sep-24-1999
Reported in: 1999(4)AWC3157; (2000)1UPLBEC674
O. P. Garg, J.1. Heard Sri Indra Raj Singh. learned counsel for the petitioner as well as Sri Sunll Ambwanl, learned standing counsel for the respondents.2. The petitioner Shiv Prasad Srivastav ts working as Lower Division Assistant in the Registry of this Court. A censure entry for not reporting caveat in Civil Misc. Writ Petition No. 10515 of 1997 on 30.5.1997 has been made in his character roll, a copy whereof is Annexure-3. The petitioner made a mercy petition for expunction of the censure entry but the memorial made by him has been rejected on 20.12.1997 as not maintainable.Subsequently on 3.1.1998. the petitioner made another representation praying to reconsider the matter on humanitarian ground and recall the censure entry. It was also rejected on 2.3.1998, Annexure-5. The petitioner appears to have made yet another representation which too has been rejected and the Section Officer concerned communicated the rejection order on 25.9.1998. Annexure-11. Again on 12.8.1999. the peti...
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