Allahabad Court December 2002 Judgments
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Mishri Singh Vs. Iiird Additional District Judge and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(4)AWC2889
Rakesh Tiwari, J. 1. Heard counsel for the petitioner and the respondents. 2. In this petition the judgment and order dated 3.10.1997 passed by the IIIrd Additional District Judge, Bijnor, in Civil Revision No. 4 of 1997, dismissing the revision of the petitioner, by which the order and judgment dated 13.12.1996 passed by the 1st Additional Civil Judge (Junior Division) Bijnor, dismissing the amendment application of the petitioner was upheld, has been challenged. 3. The brief facts giving rise to this petition are that a Civil Suit No. 308 of 1988 was filed against the respondent No. 3 in the Court of Civil Judge (Junior Division) Bijnor and the same was transferred to the Court of respondent No. 2. In the written statement (Annexure-3 to the writ petition) filed by respondent No. 2, the defendant in the suit, denied the existence of passage in dispute stating that the petitioner had another approach to his Haveli as per Schedule Ka to the suit from a passage existing towards east, ad...
Bangali Babu Misra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2003(3)AWC1760
Pradeep Kant and Kamal Kishore, JJ.1. Heard the learned counsel for the petitioner Sri Sandeep Dixit and Sri Harsh Vardhan the learned standing counsel.2. Since counter and rejoinder-affidavits have been exchanged, we had proceeded to dispose of the writ petition finally.3. The petitioner joined the services as Veterinary Assistant Surgeon in the year 1972. While he was posted as Veterinary Officer at Veterinary Hospital, Jaitpur Kalan, district Agra in the year 1990, he was caught in a trap case regarding which First Information Report was lodged, in which the investigation is still going on and a charge-sheet is said to have been filed in the Court on 6.11.2002. This information has been given by the learned standing counsel on the basis of instructions received and on the basis of record available to him. The petitioner was allowed to continue in service throughout.4. The petitioner was suspended in the year 1992 against which order he filed Writ Petition No. 7094 (S/B) of 1992 in w...
United India Insurance Co. Ltd. Vs. Indro and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: 2004ACJ1630
M.P. Singh, J.1. Heard the learned counsel for the insurer appellant.The insurer appellant feels aggrieved by the award of an amount of Rs. 3,24,000 along with 9 per cent interest per annum to the claimants on account of the untimely death of deceased Virendra Singh, aged about 35 years, son of the claimants in the accident involving the offending motor vehicle, truck No. DEL 4719 insured by the appellant.2. The claimants had come up with a case that on 19.5.1996 at about 6.15 a.m. in the vicinity of village Jeewana on Meerut-Baraut Marg, Police Station Binoli, District Meerut, while the deceased was coming from the jungle side to village Jeewana on cycle he met with an accident by the aforesaid truck, received fatal injuries and died on the spot. The accident had taken place as a result of the negligence on the part of the driver of the offending truck and the aforesaid accident could have been avoided had the driver of the said truck taken proper care, precaution and control over the...
Commissioner of Sales Tax Vs. Prakash Chandra Narendra Kumar
Court: Allahabad
Decided on: Dec-05-2002
Reported in: [2006]144STC125(All)
R.K. Agrawal, J.1. The present revision has been filed by the Commissioner of Sales Tax, U.P., Lucknow, against the judgment and order dated August 30, 1990 passed by the Sales Tax Tribunal, Meerut Bench-I, Meerut in Miscellaneous Appeal No. 17 of 1987 (1982-83) by which the application filed under Section 22 of the U.P. Sales Tax Act hereinafter referred as the Act has been rejected.2. Briefly stated the facts giving rise to the present revision are as follows :The assessee-opposite party is a registered dealer under the provisions of the U.P. Sales Tax Act and is engaged in the business of sale of jewellery and silver ornaments. For the assessment year 1982-83 the assessee-opposite party disclosed its gross turnover at Rs. 6,79,954.21 and net taxable turnover at Rs. 1,35,209.61. It also disclosed taxable purchase at Rs. 16,470.14. The assessing authority did not accept the assessee's books of account and the disclosed turnover and made best judgment assessment determining the taxable...
U.P. State Road Transport Corporation Vs. Kaptan Singh and ors.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: I(2003)ACC592
M.P. Singh, J.Heard the learned Counsel for the appellant.1. The appellant feels aggrieved by the award of an amount of Rs. 2,02,400/ - as compensation to the claimant on account of simple and grievous injuries sustained by him causing permanent disability upto the limits of 50% in the accident involving the offending motor vehicle, Bus No. U.P. 75A/3515 owned by U.P.S.R.T.C., Shikohabad Depot.2. Brief facts giving rise to this appeal are that on 1.12.1999 at about 6 a.m. at place in front of newly constructed hospital at Mainpuri-Bhongaon Road within the local limits of P.S. Bhongaon, District Mainpuri while the claimant was driving Tanker No. U.P. 76/9231 from Bewar to Mathura, the driver of the aforesaid Roadways bus drove the bus rashly and negligently and dashed the aforesaid Tanker and caused serious injuries to the claimant and one helper. Both legs were fractured and operated and iron rods have been placed inside both the legs. Socket of right hip has also been damaged and an a...
Cit Vs. Dharam Kirti Saran Satish Chandra
Court: Allahabad
Decided on: Dec-05-2002
Reported in: [2003]131TAXMAN248(All)
This is an Income Tax Reference under section 256(1) of the Income Tax Act, 1961. In which the following questions have been referred for our opinion :'1. Whether on the facts and in the circumstances of the case, the provisions of section 187 were not applicable in this case ?2. Whether on the facts and in the circumstances of the case, the learned Tribunal was legally correct in holding that a composite assessment was not warranted in this case?3.Whether on the facts and in the circumstances of the case, the assessee, in law, was entitled to adopt a previous year different from the one adopted by it earlier'.2. The relevant assessment year is 1978-79. During this assessment year one of the partners of the assessee-firm, Dharam Kirti Saran, died on 8-2-1976 and there was no provision in the partnership deed that even after death of one of the partners the firm will continue. Hence in view of the decision of the Supreme Court in CIT v. Empire Estate : [1996]218ITR355(SC) , it is a case...
Cit Vs. K. Wadhumal and Sons
Court: Allahabad
Decided on: Dec-05-2002
Reported in: [2003]130TAXMAN611(All)
ORDERThis is an income-tax reference under section 256(1) of the Income Tax Act in which the following question has been referred to us for our opinion :'Whether the Tribunal was justified in holding that there should be two separate assessments for the two periods in the case ?'2. The relevant assessment year is 1980-81. During this assessment year one of the partners Kewal Bai died and thereafter a new partnership deed was entered into by which a new partner was indicated. The question is whether it was a case of dissolution or reconstitution of the firm.3. it is settled law that ordinarily on the death of a partner, the partnership firm is automatically dissolved vide section 42 of the Indian Partnership Act. The only exception is where in the partnership deed it is mentioned that on death of a partner the firm will not dissolve. In this case there is nothing to show that there is any mention in the partnership deed that the firm shall not automatically dissolve on the death of a pa...
U.P. State Road Transport Corporation Vs. Sumitra Devi
Court: Allahabad
Decided on: Dec-05-2002
Reported in: I(2003)ACC603
M.P. Singh, J.Heard the learned Counsel for the appellant.1. The appellant feels aggrieved by the award of an amount of Rs. 1,50,000/ - as compensation to the claimant on account of the untimely death of the daughter of the claimant-respondent aged about 5 years in an accident involving the offending motor vehicle.2. It is said that on 7.5.1994 the claimant-respondent along with deceased Km. Sukhdevi came to Farrukhabad Bus Stand to visit village Hariharpur in district Mainpuri. At that very time at 9.45 a.m. the deceased minor girl was dashed by the driver of U.P. Roadways bus No. U.P. 75/0762 resulting the instantaneous death on the spot.3. The learned Counsel for the respondent submitted that the girl met with the accident due to the negligent driving of the bus by the driver. At the bus stand the driver has to take extra precaution and care while driving the bus. There is evidence of the claimant-mother and her brother on the record to show that the accident has taken place due to ...
Cit Vs. Chandra Metal and Co.
Court: Allahabad
Decided on: Dec-05-2002
Reported in: [2003]130TAXMAN604(All)
This is an income-tax reference under section 256(1) of the Income Tax Act, 1961. In which following questions have been referred to us for our opinion :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that in the absence of any provision to the contrary in the instrument of partnership, a firm automatically came to an end and was dissolved on the death of a partner ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that in any event, where, there was a change in the constitution of a firm, separate assessments have to be made, on in respect of the income derived before re-constitution and another in respect of the income derived after re-constitution of the firm ?'2. The relevant assessment year is 1978-79. During this assessment year one of the partners of the assessee-firm Kailash Chandra Garg died on 4-8-1976. Thereafter the remaining partners executed a fresh...
Kumar Gandhrva and ors. Vs. Principal, M.M.M. Engg. College and ors.
Court: Allahabad
Decided on: Dec-04-2002
Reported in: 2003(1)AWC226
S.K. Singh, J. 1. The prayer in this petition is for issuance of writ in the nature of mandamus commanding the respondents to permit the petitioners to appear in the examination of IInd Semester of B. Tech. Ist year which has already commenced and further to permit the petitioners to appear in the examinations of those subjects/papers of the aforesaid Semester in which they could not appear. There is another prayer for issuance of writ in the nature of certiorari quashing the notice dated 7.7.2002 (Annexure-I to the writ petition) so far as it relates to the petitioners.2. As the pleading between the parties is complete, as prayed and matter has been heard and is being decided on merits.3. Pleading as has been set forth in the writ petition, counter-affidavit, rejoinder-affidavit, supplementary-affidavit and supplementary counter-affidavits have been examined.4. Heard Sri H. R. Misra, learned advocate who appeared for the petitioners, Sri Ramesh Upadhyaya, learned advocate who appeared...
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