Allahabad Court January 2001 Judgments
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Murari Lal Vs. State of U.P.
Court: Allahabad
Decided on: Jan-16-2001
Reported in: 2001CriLJ2831
M.A. Khan, J.1. The above noted two criminal appeals arise out of the same judgment and order dated 3-11-1993 passed by Sri Jagdish IVth Additional Sessions Judge, Moradabad in Sessions Trial No. 82 of 1986 thereby convicting Sub-Inspector Murari Lal Sharma of the offence punishable under Section 364/120B, I.P.C. and sentencing him to undergo R.I. for a period of ten years and further convicting him under Section 302/120B, I.P.C. and sentencing to undergo imprisonment for life and further convicting Sri Sharma of the offence punishable under Section 201, I.P.C. read with Section 120B, I.P.C. and sentencing him to undergo R.I. for a period of five years and further convicting him under Section 120B, I.P.C. and sentencing to undergo R.I. for a perido of five years.2. The appellants Chhatrapal, Kripal, Ranvir, Vijay Beer Singh, Harpal, Bhoorey Tyagi and Smt. Ramawati have also been held guilty of the offence punishable under Section 147, I.P.C. 364, I.P.C. read with Section 149, I.P.C., u...
Okhla Sand Supply Co. and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-15-2001
Reported in: 2001(1)AWC803
S. K. Sen, C.J.1. We have heard Sri W. H. Khan, learned advocate for the writ petitioners, learned standing counsel for respondent Nos. 1, 2, 3 and 6 and Sri A. K. Goel, learned advocate for respondent Nos. 4 and 5.Zila Panchayat and Upper Mukhya Adhikari, Gautam Budh Nagar.2. Petitioner No. 1 is the holder of mining licence granted by the State of U. P. under the provisions of Minor Minerals (Concession) Rules, 1963, vide mining lease dated 2nd March. 1994 for the extraction and collection of the same from the estate of village Chak Basantpur, Tehsil Dadri, district Gautam Budh Nagar (N.O.I.D.A.), U. P. Petitioner No. 2 is operator of trucks who carries sands extracted by Writ Petition No. 1. It is asserted in the petition that the Upper Mukhya Adhikari, Zila Panchayat, Gautam Budh Nagar (N.O.I.D.A.), U. P. vide letter No. 213 dated 29th September, 2000, issued a notification dated 20th March, 1999, whereby, toll tax has been imposed by the said authority on carrying sands. On 1st Apr...
Dr. Ajay Kumar Agrawal Vs. Asstt. Cit
Court: Allahabad
Decided on: Jan-15-2001
Reported in: (2001)71TTJ(All)445
ORDERP.S. Kalsian, A.M.This appeal is directed by the assessee against the order of the Commissioner (Appeals), dated 27-11-1997.2. Various grounds of appeal have been raised by the assessee against the assessment order passed by the assessing officer under section 158BD of the Income Tax Act. However, assessee has raised additional grounds of appeal and has requested that since the additional ground of appeal requires no verification of facts, it is purely legal, the same should be admitted.3. The following additional grounds of appeal have been raised:'Because the assessment order, dated 27-11-1997, is wholly illegal, as being outside the purview and scope of section 158BD (Chapter XIV-B) of the Income Tax Act, 1961.2. Because there existed no material/information which could lead the assessing officer to have the requisite satisfaction so as to confer jurisdiction on him to initiate proceedings under section 158BD in the case of the appellant.'4. After hearing both the sides we admi...
Rohitas Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-12-2001
Reported in: 2001(1)AWC641; [2001(89)FLR574]; (2001)3UPLBEC2064
Jagdish Bhalla, J.1. By means of this writ petition, the petitioner has prayed for a writ of certiorari to quash the impugned order of termination of his services dated 24.3.1998, contained in Annexure-1 to the writ petition. He has further prayed for a writ in the nature of mandamus commanding the opposite parties to allow the petitioner to function as Executive Officer, Class IV in Nagar Palika Parishad with a further prayer to command the opposite parties to issue a modified appointment order thereby indicating the fact that the petitioner is appointed under the Dying-in-Harness Rules after relaxing the conditions which come in the way of regular appointment of the petitioner.2. The petitioner's father, late Sri Bheem Sen Sharma, was the Executive Officer in Nagar Palika, Rudrapur, district Nainital. While working on the said post, he died in a car accident near Bhojipura, district Bareilly on 22.2.1993 when he was on duty and was going along with Additional District Magistrate (Naz...
Veena Gupta Vs. U.P. Central Sunni Waqf Board and Others
Court: Allahabad
Decided on: Jan-12-2001
Reported in: 2001(1)AWC725
Binod Kumar Roy and Lakshmi Bihari, JJ.1. The petitioner has come up with a prayer to quash the order, the office memo and the letter as contained in Annexures-7, 8 and 9.1.1. Annexure-7 reads as follows :'Seen the report of A.S.I. The proposal is approved. The order will take effect if there is no order from any Court contrary to it.Sd/- Nayaz Ahmad Controller 6.6.1996' 1.2. Annexure-8 shows that vide office memorandum dated 19.6.1996, the Secretary of the Waqf Board informed respondent No. 4 that the earlier order dated 22.3.1990 deleting the property of Pilikothi in Waqf No. 346-Agra, Firozabad has been recalled by the Controller vide his order dated 6.6.1996.1.3. Annexure-9, shows, inter alia, that the Secretary of the Board through his letter dated 19.6.1996 requested the District Magistrate, Firozabad to pass an order for entering the entire property of the waqf as such in the records of Nagar Palika, Tundala in backdrop that the property Pilikothi is part of Waqf Mohsin Ali Khan...
Bata India Ltd. Vs. 3rd Addl. District Judge, Muzaffarnagar and Others
Court: Allahabad
Decided on: Jan-12-2001
Reported in: 2001(1)AWC795
O. P. Garg, J.1. The dispute relates to premises/shop No. 37 Martinganj, Shamli Road, Muzaffarnagar, of which admittedly the respondent No. 3, Smt. Urmila Devi is the owner of the shop in dispute while the petitioner Bata India Limited is the tenant. The application for release under Section 21 (1) (a) of U. P. Act No. 13 of 1972 was fled by the land-lady respondent No. 3 against the petitioner in the year 1992. It was registered as P.A. Case No. 30 of 1992. The said application was allowed by the Prescribed Authority by an order dated 10.5.1994 holding that the need of the land lady respondent No. 3 was bona fide and genuine and that the balance of hardship tilts in her favour. Aggrieved, the tenant petitioner preferred a Rent Appeal No. 23 of 1994 under Section 22 of the Act which was dismissed on 8.12.1995. It is in these circumstances that the petitioner tenant has come before this Court by means of this writ petition under Article 226 of Constitution of India with the prayer that ...
Ashok Kumar Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-2001
Reported in: (2001)1UPLBEC703
S.R. Singh, J.1. By means of the petition on hand under Article 226 of the Const. the petitioners seek issuance of directions to the respondents to declare the results of selection held by the U.P. State Electricity Board for the posts of supervisor re-designated as Junior Engineer (Thermal) pursuant to, the advertisement dated 19.10.93 and 20.10.93 published in different Newspapers. The petitioners herein appeared in the test held by the U.P. State Electricity Board pursuant to the advertisement aforestated. Though the results were formally not declared, the petitioners it is alleged, have come to know that a merit-list was prepared in which the name of the petitioners also figured amongst candidates selected for appointment to the post of Junior Engineer (Thermal) for Anpara 'B' Thermal Power Station. Sonbhadra, the candidates lower in order of merit have been appointed while the petitioners have been denied appointments. The case of the respondent is that the U.P. State Electricity ...
Ravindra Kumar Sharma Vs. State and anr.
Court: Allahabad
Decided on: Jan-12-2001
Reported in: 2001CriLJ2058
ORDERJagdish Bhalla, J.1. By means of this application under Section 482, Cr.P.C. the applicant has prayed for quashing of his prosecution in case No. 4 of 1997 (R.C. No. 32(A) of 1996-C.B.I. Lucknow), under Sections 120B, 420, 467, 468, 471, 420/511, I.P.C. and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, pending in the Court of Special Judge Anti Corruption (West), U.P., Lucknow.2. The facts of the case, in brief, are that a scam was unearthed and whereby an embezzlement of public money for about 26,00,00,000/- (twenty six crores of rupees) was detected in the Directorate of Ayurvedic and Unani Services, Uttar Pradesh, Lucknow which was going on for years. The applicant who was posted in the said directorate for a very short period i.e. for two and a half months only, was allegedly found involved in the above scam. A case, being R.C. No. 32(A) of 1996 was registered by the Central Bureau of Investigation (hereinafter referred to as C.B.I.) under Sections 120B...
State of U.P. and Others Vs. Ali Abbas Abdi
Court: Allahabad
Decided on: Jan-11-2001
Reported in: (2001)2UPLBEC1433
S. K. Sen, C.J. and S. Rafat Alam, J.1. This Special Appeal has been preferred against the order of learned single Judge dated 7.5.1999 in Writ Petition No. 17039/1984 whereby the learned single Judged allowed the writ petition and set aside the impugned order dated 17.11.1984.2. We have heard learned standing counsel appearing for theappellant and learned counsel for the respondent. It is contended on behalf of appellant that in view of the statutory remedy being available under U. P. Public Service Tribunal Act, the writ petition was not maintainable and on this score alone, the writ petition was liable to be dismissed but this aspect has not been considered by learned single Judge and. therefore, this appeal deserves to be allowed. Reliance has also been placed on reported judgment of the Hon'ble Supreme Court in case of L. Chandra Kumar v. Union of India, 1997 (3) SCC 261.3. It is true that normally where a statute itself prescribes a remedy, resort must be had to that particular s...
Commissioner of Income-tax Vs. Sir Shadi Lal Enterprises
Court: Allahabad
Decided on: Jan-11-2001
Reported in: [2001]249ITR335(All); [2001]117TAXMAN395(All)
1. The Department has sought to refer the following two questions of law :'(1) Whether, on the facts and in the circumstances of the case, theIncome-tax Appellate Tribunal was legally correct in quashing the order ofthe Commissioner of Income-tax (Appeals) holding that the sale proceedsof scrap value are not taxable ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the sale proceeds of scrap value amounting to Rs. 23,53,206 are not deductible from the actual cost of the block of assets to arrive at the figure of written down value for allowing depreciation on that asset in view of the provisions of Sections 43(1), 43(6) read with Section 43(6)(c) of the Income-tax Act, 1961 ?' 2. The relevant facts are that the assessee had sold the scrap generated during the course of its business and the sale proceeds thereof at Rs. 23,53,206 were offered as its taxable income. The Assessing Officer held that such s...
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