Allahabad Court October 2002 Judgments
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Hemraj Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-10-2002
Reported in: (2003)1UPLBEC92
A.K. Yog, J.1. Heard Sri Ashwani Mishra, Advocate, learned Counsel appearing on behalf of the petitioner and Sri Ajay Bhanot, Advocate, learned Standing Counsel representing the respondents.2. Hemraj Singh, petitioner was employed in the Police Department of the State of U.P. He was appointed in the year 1979; after having completed training, he was given regular charge. The petitioner claims that he was repeatedly given certificates of appreciation for his exemplary services and in support of which, he has filed certain documents as Annexure-1 to the writ petition. He got 'B' certificate from NCC issued by the Defence Ministry in the year 1978 (Annexure- 2 to the writ petition). He completed annual training camp and was given certificate in the year 1977-78. He also possesses certificates issued by Director General, National Cadet Corps (Annexures-5 and 6 to the writ petition).3. It is contended that while performing his official duty with dedication and devotion, he was given 60 cash...
Paras Kumar JaIn Vs. Cit
Court: Allahabad
Decided on: Oct-10-2002
Reported in: [2003]126TAXMAN179(All)
ORDERAt the instance of assessee the Income Tax Appellate Tribunal has referred the following questions of law to this court for its opinion :'1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the share income of the assessee's wife and minor children from the firm in which assessee was also a partner not as an individual but as karta of the family, could be clubbed with the assessee's income under section 64(1)(iii) of the Income Tax Act, 1961 ?2. Whether on the facts and in the circumstances, the Appellate Tribunal was right to hold that the assessee was duty bound to disclose share income of wife and minor children in his return of income or during the course of assessment and since it was not done, initiation of proceedings under section 147(a) was according to law ?'We have heard Sri Piyush Agrawal, learned Advocate for the assessee and Sri Prakash Krishna, learned Advocate appearing for the revenue and have perus...
Commissioner of Income-tax Vs. Krishak Sahkari Ganna Samiti Ltd.
Court: Allahabad
Decided on: Oct-09-2002
Reported in: (2003)182CTR(All)481; [2002]258ITR594(All)
1. The opinion of this court is sought for by the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, through this reference under Section 256(1) of the Income-tax Act, 1961, in regard to the following question formulated by it :'Whether, on the facts and in the circumstances of the case and on a proper interpretation of the objects of the society and the provisions of Section 80P of the Income-tax Act, 1961, the Appellate Tribunal was justified in holding that the interest earned by the assessee-co-operative society from its members was covered by the provisions of Section 80P(2)(a)(i) of the Income-tax Act, 1961, and, therefore, exempt from tax ?'2. This reference relates to the assessment years 1975-76 and 1976-77 pertaining to Krishak Sahkari Ganna Samiti Ltd., Lakhimpur Kheri.3. The statement of the case is as follows :The assessee-society was formed with the main object of organising increase in sugarcane cultivation and purchase and sale of sugarcane crops at profitable p...
Smt. Poonam Gupta Vs. Ghanshyam Gupta
Court: Allahabad
Decided on: Oct-09-2002
Reported in: AIR2003All51; 2003(1)AWC36; I(2003)DMC467
Vineet Saran, J. 1. These two appeals arise out of the same Judgment and order dated 30.3.2001 passed by the Principal Judge, Family Court, Kanpur Nagar. By the impugned order, the suit for divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) filed by the husband Ghanshyam Gupta has been allowed on the condition that the plaintiff Ghanshyam Gupta pays a sum of Rs. 5,00,000 for the maintenance of his wife and daughter. The First Appeal No. 307 of 2001 has been filed by the wife Smt. Poonam Gupta praying for setting aside the judgment and order dated 30.3.2001 and to dismiss the suit of the plaintiff, whereas the other First Appeal No. 350 of 2001 has been filed by the husband Ghanshyam Gupta praying for setting aside that part of the judgment and order whereby it directs the appellant Ghanshyam Gupta to pay Rs. 5,00,000 as maintenance allowance.2. The brief facts of this case are that the plaintiff Ghanshyam Gupta got married to the opposite party Smt....
Ganga Ram Vs. Forest Range Officer and ors.
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(1)AWC58; [2003(96)FLR159]
Anjani Kumar, J.1. Heard learned counsel appearing on behalf of the parties.2. This writ petition under Article 226 of the Constitution of India is directed against the award of the labour court (I), U. P., Kanpur dated 27.2.1993 passed in Adjudication Case No. 243 of 1991. a copy whereof has been annexed as Annexure-1 to the writ petition. The State Government in exercise of its power under Section 4K of the U. P. Industrial Disputes Act, 1947, vide order dated 30.9.1991 have referred the following dispute for adjudication before the labour court :^^D;k lsok;kstdksa }kjk vius JfedJh xaxkjke iq= Jh tklw i'kqj{kd dks fnukad 1-7-1989 ls dk;Z ls i`Fkd@oafpr fd;k tkuk mfpr ,oa oS/kkfud gS ;fn ugha] rks lacaf/kr Jfed D;k fgrykHk@{kfriwfrZikus dk vf/kdkjh gS fdl frfFk o vU; fdl fooj.k lfgr**3. The labour court after considering the material evidence on record has recorded finding that theemployee-workman has been able to prove by evidence on record that he has worked continuously with the em...
Ram Shankar Sinha Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(1)AWC297
Vineet Saran, J.1. The petitioner was an employee of the Indian Railways and after completion of 20 years of service, he sought voluntary retirement on 31.7.1976. A pension scheme was introduced for the employees of the Indian Railways on 16.11.1957 w.e.f. 1.4.1957. Prior to this, the employees were governed by the State Railways Provident Fund Rules (hereinafter referred to as the S.R.P.F. Rules). On the introduction of the pension scheme, all the Railways employees were asked to give their option as to whether they would like to be governed by the pension scheme or by the existing S.R.P.F. Rules. Like many other employees, the petitioner had opted to be governed by the S.R.P.F. Rules and not the pension scheme.2. After seeking voluntary retirement in 1976, the petitioner agitated the matter and claimed to be entitled to the pensionary benefits under the pension scheme. More than 20 years after his retirement, he filed an application under Section 19 of the Central Administrative Trib...
Kanpur Gas and Allied Agencies and ors. Vs. Radha Kishan Temple Trust ...
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(1)AWC299
B. K. Rathi, J. 1. The suit for eviction was filed by the respondent No, 1 against the appellants and respondent No. 2 from the premises No. 120/2. Kamla Nagar, Kanpur, alleging that the defendants were licencee of the same. The suit was decreed by the trial court. In appeal by the appellants, the decree has been maintained. Therefore, the present second appeal has been filed. 2. I have heard Sri Murlidhar, learned senior advocate, assisted by Sri Anurag Khanna, learned counsel for the appellants and Sri R. P. Tiwari, learned counsel for the respondent No. 1. 3. It has been argued that the courts below have erred in recording a finding that the appellants are licencees. That in fact they are tenants. It has been argued that exclusive possession was given to the appellants by letter dated 1.3.1970. That since then the respondent No. 1 even had no right to enter in the plot. That the plot was taken for storing of L.P.G. cylinders for which the godown is approved by Controller of Explosiv...
Manveer Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(1)AWC116
M. Katju, J.1. This writ petition along with connected Writ Petition No. 3301 of 2001 are being disposed of by a common judgment.2. Heard learned counsel for the parties.3. The petitioners have challenged the impugned notification dated 21.11.1996 published by public notice dated 24.8.1999 under Section 4(1) of the Land Acquisition Act and the notification dated 23.8.2000 published through public notice dated 23.8.2000 under Section 6/17 of the Land Acquisition Act vide Annexures-7 and 10 to the writ petition. The petitioners have also prayed for a mandamus directing the respondent not to proceed in the matter of acquisition proceedings and not to demolish the constructions on the land in dispute.4. The petitioner No. 1 claims to be owner of plot No. 30 and the petitioner No. 2 of plot No. 31 in village Wajidpur, paragana and Tahsil Khurja, district Bulandshahr. It is alleged in paragraph 3 of the writ petition that the said land has been used by the petitioners as abadi land. The khas...
Overseas Agro Products (P.) Ltd. Vs. U.P. Financial Corporation and an ...
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(1)AWC185; I(2003)BC287
Rakesh Tiwari, J.1. Heard the learned counsel for the parties and perused the records.2. The petitioner is a registered company under the Companies Act, 1956. It purchased M/s. Vimla Soft Drinks (P.) Limited from the U. P. Financial Corporation in auction sale for a sale consideration of Rs. 11,50,000. The company paid a sum of Rs. 5,75,000 to the U. P. Financial Corporation on 27.6.1996 and it was agreed that the balance amount of Rs. 5,75,000 would be paid in two six monthly instalments, i.e., first instalment of Rs. 2,87,500 be paid in September, 1996 and the remaining Instalment be paid in March, 1997.3. It is alleged that the petitioner paid Rs. 2,95,000 on 1.10.1996 and made enquiry about remaining balance. It was informed by the U. P. Financial Corporation that Rs. 2,02,200 towards principal and Rs. 56,777.92 False towards interest remained due. The total amount of Rs. 2,58,977.92 Paise was paid by petitioner company by cheque dated 31.3.1997 in round figure of Rs. 2,59,000. In ...
Kisan Mini Modern Rice Mill and Foods Vs. Secretary, Krishi Utpadan Ma ...
Court: Allahabad
Decided on: Oct-09-2002
Reported in: 2003(3)AWC1916
Rakesh Tiwari, J. 1. Krishi Utpadan Mandi Samiti, Sambhal, district Moradabad (hereinafter referred to as the Mandi Samiti) had constructed three types of shops in the market area. They are in three classes 'A', 'B' and 'C'. Class 'A' shop has four rooms attached with a Godown, bath-room and latrine.Class 'B' shop has three rooms attached with a Godown, bath-room and latrine.Class 'C' shop has only one room with no other facilities. 2. There is an Allotment Committee constituted by the Mandi Samiti for allotment of the shops to the dealers. The shops are allotted to the dealers on the basis of the amount of their annual turnover of last three years and the amount of market fee paid by them to the Mandi Samiti. 3. The petitioner was allotted shop No. 8 of Class 'B'. He moved an application dated 21.6.2001 to the Mandi Samiti for allotting him Shop No. 11 in Class 'B'. A provisional allotment was made in favour of the petitioner allotting him Shop No. fi11, i.e., the shop in question ins...
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