Allahabad Court January 2000 Judgments
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Sharief Vs. District Magistrate, Pratapgarh and Others
Court: Allahabad
Decided on: Jan-17-2000
Reported in: 2000(3)AWC2091
S.H.A. Raza and R.D. Mathur, JJ.1. On 27.6.99 the District Magistrate, Pratapgarh, on the basis of the material placed before him arrived at that the subjective satisfaction to detain the petitioner under Section 3(3) of the National Security Act with a view to prevent him from committing such acts which disturb the public order, peace and tranquillity of the society.2. In the ground of detention. It has been stated that on information received by the police constables that the petitioner has been selling beef (meat of the cow) as result of which the emotions of the Hindu population of the area was enraged. Both the police constables along with other constables reached at the residence of the petitioner at 11.03 a.m. The petitioner was caught red-handed while selling the meat of the cow. One Mr. Buddu alias Abdul Malik had purchased two kilos of the meat of the cow. At the spot, the instruments for cutting the cow meat, the head of the cow. the meat, and the legs, which were weighing 4...
Gopal Singh Vs. Executive Engineer (C.D.), Lok N. Vibhag and anr.
Court: Allahabad
Decided on: Jan-17-2000
Reported in: [2000(84)FLR912]; (2000)1UPLBEC661
A.K. Yog, J.1. Gopal Singh, Petitioner, has impugned order dated January 16. 1997, passed by Executive Engineer Construction Division (Nirman Khand), Lok-Nirman Vibhag, Bageshwar, District Almora (now reconstructed District Bageshwar)/Respondent No. 1 (Annexure-2 to the Writ Petition) whereby the said authority gave one month's notice to the petitioner on purported attainment of age of superannuation under Rule 56 (c) of Financial Hand-book--Vols. 2 to 4 in public interest.2. Rule 56(a), (b) and (c) which came in existence in the year 1975 is reproduced below:56. (a) Except as otherwise provided in this Rule, every Government Servant other than a Government Servant in inferior service shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years. He may be retained in service after the date of compulsory retirement with the sanction of the Government on public grounds which must be recorded in writing, but he must not be retain...
Triveni Engineering and Industries Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-13-2000
Reported in: 2000(2)AWC1014
G.P. Mathur, J.1. Both the writ petitions are directed against the same orders passed by Special Secretary, Government of U. P. and Cane Commissioner. U. P., therefore they are being disposed of by a common order. Writ Petition No. 54711 of 1999 shall be treated as the leading case.2. M/s. Triveni Engineering and Industries Limited (Petitioner of Writ Petition No. 54711 of 1999) has a Sugar Mill at Khatauli in the districtof Muzaffarnagar while M/s. SEIL Limited (Petitioner of Writ Petition No. 54853 of 1999) has a Sugar Mill at Mawana in the district of Meerut. M/s. Tikaula Sugar Mills Ltd., respondent No. 4 has set up a new Sugar Mill in Tlkaula in the district of Muzaffarnagar, which started production in the year 1998-99. U. P. Sugarcane (Regulation of Supply and Purchase) Act. 1953 (hereinafter referred to as the Act) has been enacted to regulate the supply of sugarcane required for use in sugar factories. The Cane Commissioner. U. P. exercising powers under Section 15 of the Act ...
Babloo Alias Mohammad Haneef Vs. District Magistrate, Lucknow and Othe ...
Court: Allahabad
Decided on: Jan-13-2000
Reported in: 2000(2)AWC1180; 2000CriLJ3252
S.H.A. Raza, J. 1. By means of the impugned order dated June 24, 1999 the District Magistrate, Lucknow, exercising its powers under Section 3(3) of the National Security Act, 1980, detained the petitioner in District Jail, Lucknow. The ground of detention discloses that on April 22, 1999 at about 3.20 p.m. one Sri Khalil lodged an F.I.R. that on the same day at about 2.35 p.m. when he was studying in B.Com. Ist year, ten or twelve students came on the spot including Deenu alias Rituraj, K.D., Brij Bhushan and others and they started forcing the complainant to go out from the class room. Some students came to his rescue. Thereafter the detenu and Deenu alias Rituraj with an intention to kill threw hand granades or bomb, which hit the wall and the channel of the gate. The bomb exploded with a noise as a result of which one Abhishek. son of Sri R. K. Srivastava was severely Injured. The petitioner and his colleagues made an effort to fire from their country made pistols, but the petitione...
Jatav Panchayat Committee, Etawah and Another Vs. Viith Additional Dis ...
Court: Allahabad
Decided on: Jan-13-2000
Reported in: 2000(2)AWC1162
D. K. Seth, J.1. One Karan Singh had filed Original Suit No. 157 of 1986 in the court of learned civil Judge (Junior Division), Etawah. The said Karan Singh died on 1st December,1995. One Ashok Bhaskar had filed an application to bring himself on record in the place and stead of the deceased plaintiff. The said application was filed on 18th March,1996, which is a part of Annexure-3 to this writ petition. Subsequently another application was filed on 11th December, 1996 for amendment of the application for substitution to the extend that Swami Jatav Panchayat Committee Manhaiya Khayali Ram, City- and District Etawah may be incorporated in the said application. These applications were dismissed by an order dated 10th February, 1998 passed by the learned civil Judge (Junior Division), Etawah. A revision being Civil Revision No. 49 of 1998was moved by the petitioner. By an order dated 24th February, 1999, the Additional District Judge VII Court, Etawah had dismissed the said civil revision...
Raj Kumar Goyal Vs. Controller of Estate Duty
Court: Allahabad
Decided on: Jan-13-2000
Reported in: (2001)166CTR(All)514; [2001]251ITR501(All)
M.C. Agarwal, J.1. Two cases shown in the cause list as Estate Duty References Nos. 53 of 1979 and 54 of 1979 were listed for hearing but when they were taken up for hearing only one statement of case was available though there were two files bearing the above case numbers and two order sheets. On the statement of case that is available firstly I.T.R. No. 53 of 1979 seems to have been written which has been changed to E. D. R. No. 54 of 1979. The paper book that was used at the hearing showed the number of the case E.D.R. No. 53 of 1979. No other paper book was available. We asked the reader to enquire from the office if there is any other record and he reported that no other record was available. In the institution register R. A. Nos. 1001 and 1002 are mentioned against the entry at Serial No. 53 and R. A. Nos. 921 to 923 have been mentioned against the entry at Serial No. 54. In our view the entry at Serial No. 54 was wrongly made as there was no separate reference in respect of R. A...
U.P. State Handloom Corporation Ltd. Vs. Commissioner of Income-tax an ...
Court: Allahabad
Decided on: Jan-13-2000
Reported in: (2000)164CTR(All)27; [2000]245ITR192(All); [2001]116TAXMAN540(All)
1. By this petition under Article 226 of the Constitution of India, the petitioner challenges the communication dated December 4, 1996, by the Assistant Commissioner of Income-tax to the assessee communicating' the observation of the Commissioner, i.e., 'I agree with the view of the Deputy Commissioner that special audit under Section 142(2A) be done'. 2. Counter and rejoinder affidavits have been exchanged and we have heard Sri R.S. Agarwal, learned counsel for the petitioner, and Sri A.N. Mahajan, learned counsel for the respondents. 3. The petitioner is a public sector undertaking of the Government of Uttar Pradesh and the proceedings relate to the assessment year 1983-84. Since the petitioner could not get its accounts audited by the Government auditors as required by its constitution, the Assessing Officer directed that special audit be done in terms of Sub-section (2A) of Section 142. The petitioner then came to this court in Writ Petition No. 832 of 1986 which was decided by thi...
Commercial Motors Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-13-2000
Reported in: [2000]245ITR214(All)
M.C. Agarwal, J.1. The Income-tax Appellate Tribunal, Delhi Bench 'C', Delhi, has referred the following question stated to be of law and to arise out of its order dated November 23, 1979, passed in ITA No. 2156 (Delhi) of 1978-79 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the addition of Rs. 9,616 was rightly made by the Income-tax Officer in determining the total income of the assessee for the assessment year 1975-76 ?'2. We have heard Sri Shashi Kant Gupta, learned counsel for the assessee, and Sri A. N. Mahajan, learned standing counsel for the Commissioner-respondent.3. The facts of the case are that the assessee is a partnership firm, while computing its income, the Assessing Officer disallowed Rs. 70,543 in respect of the payment of interest to the partners. This was done in terms of Section 40(b) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The assessee appealed to the...
J.P. Steels Vs. Sales Tax Officer and anr.
Court: Allahabad
Decided on: Jan-13-2000
Reported in: [2000]119STC470(All)
M.C. Agarwal, J.1. In these two petitions by the same petitioner, notices dated January 6, 1989 and November 30, 1988 issued for the levy of tax under Section 3-B of the U.P. Sales Tax Act, 1948 for the assessment years 1985-86 and 1983-84, respectively, were challenged.2. We have heard Sri Bharat Ji Agrawal, learned Senior Advocate, for the petitioner and Sri C.S. Singh, learned Standing Counsel.3. The petitioner is an iron and steel merchant. Its case is that it purchased old and discarded railway wagons from the railways which are taxable on sale to consumer under entry No. 32 of a notification dated September 7, 1981. The said entry provides for tax in respect of old, discarded, unserviceable or obsolete machinery, stores or vehicles including waste products except cinder, coal ash and such items as are included in any other notification issued under the Act. If a registered dealer purchases such goods not for consumption but for resale in the same form and condition, he can postpo...
Kajaria Ceramics Limited Vs. Trade Tax Tribunal and ors.
Court: Allahabad
Decided on: Jan-13-2000
Reported in: [2000]119STC117(All)
P.K. Jain, J.1. These two revisions arise out of the order passed by the Full Bench of the Trade Tax Tribunal, Lucknow in Second Appeal No. 73 of 1996 (Kajaria Ceramics Ltd. v. Divisional Level Committee). The appeal was partly allowed and partly dismissed by the Tribunal. Revision No. 700 of 1997 has been filed by the assesses being aggrieved by part dismissal of the appeal. Revision No. 53(LX.of 1997 has been filed by the Commissioner of Trade Tax, U.P., Lucknow against the order of partly allowing the appeal.2. After Revision No. 700 of 1997 was heard by the court, it was pointed out by Sri B.K. Pandey, learned Standing Counsel, that the department has also filed a revision against the impugned order before the Lucknow Bench of this Court and both the revisions deserve to be decided by common judgment. The Commissioner of Trade Tax, U.P., Lucknow moved Civil Misc. Application No. 68823 of 1999 before the honourable Chief Justice with a prayer that the honourable Chief Justice be ple...
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