Allahabad Court April 2003 Judgments
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State Bank of India Vs. Firm Jamuna Prasad Jaiswal and Sons
Court: Allahabad
Decided on: Apr-22-2003
Reported in: AIR2003All337; III(2003)BC388; (2003)2UPLBEC1366
Janardan Sahai, J.1. On the application of the State Bank of India, the appellants, these two second appeals were dismissed as withdrawn by order dated 25.5.201. Applications have been filed by the appellant Bank in both the appeals to recall the aforesaid order dismissing the appeals as withdrawn and these applications are being disposed of by the present order.2. The facts giving rise to the present application may be briefly stated. The State Bank of India hereafter referred to as the 'Bank' had filed a suit No. 25 of 1977 against the firm M/s. Jamuna Prasad Munni Lal, a proprietorship concern of which Jamuna Prasad Jaiswal was the sole proprietor. The suit was decreed for recovery of Rs. 3,82,827.70 P with interest @ 18% per annum from the date of the suit till the date of payment. The defendant filed appeal, which was registered as Civil Appeal 8 of 1999 in the Court of District Judge, Deoria.3. During the pendency of the aforesaid litigation Jamuna Prasad Jaiswal died leaving beh...
Smt. Shiv Patti Devi Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003(3)AWC2458
M. Katju, J.1. This petition reveals a startling state of affairs where acts of wanton behaviour committed by persons in high authority accused of gross criminal assault and trespass are not only not punished but are rewarded with conferment of rights by authorities.2. This petition was filed nearly four years ago. On 26.4.1999 this Court granted standing counsel one month to file counter-affidavit. By that order notice was also issued to respondent Nos. 5 to 8 returnable at an early date. On 10.5.1999 registered A.D. notices were issued to respondent Nos. 5 to 8 fixing 28.5.1999. There is an office report dated 16.7.1999, which states that in compliance to the Court order dated 26.4.1999 notices were issued to the respondent Nos. 5 to 8 by registered A.D. post fixing 28.5.1999. Neither the acknowledgment nor undelivered cover has been received back after service. The same is the office report dated 22.8.1999. The Court then ordered on 24.8.2000 the notices to be published through publ...
U.P. Biri Evam Patta Udyog Samiti and ors. Vs. U.P. Forest Corporation ...
Court: Allahabad
Decided on: Apr-22-2003
Reported in: AIR2004All21; 2003(3)AWC2476
M. Katju and R.S. Tripathi, JJ.1. This writ petition has been filed against the impugned notice dated 9.3.2003 Annexure-6 to the writ petition fixing auction on 26.3.2003 at 11.00 a.m. in the Head Quarter of the respondent U. P. Forest Corporation, Lucknow. The petitioner has prayed for quashing of the condition Nos. 1, 7 and 8 in the terms and conditions of the Auction, copy of which is Annexure-4 to the writ petition.2. Heard learned counsel for the parties.3. The petitioner No. 1 is a society registered under the Societies Registration Act and the petitioner No. 2 is a trader who purchases tendu leaves and manufactures biri in the name and style of Shiva Biri Works. The petitioner No. 3 is a small trader and he deals in tendu leaves. He collects tendu leaves and exports it to the manufacturers of biri. Prior to enactment of U. P. Tendu Patta (Vyapar Viniyaman) Act, 1972, trade in tendu patta was uncontrolled and unregulated. For the first time, through the aforesaid enactment the St...
Commissioner of Income-tax Vs. Benares State Bank Ltd.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: [2003]264ITR12(All)
1. This appeal arises against the order of the Income-tax Appellate Tribunal passed in December, 1998, in I. T. A. No. 4 (Alld.) of 1991 in relation to the assessment year 1986-87. The proceedings were taken against the assessee on the return being filed declaring the chargeable profits under the Companies (Profits) Surtax Act, 1964, at Rs. 1,03,950 filed on March 18, 1989. It was in response to the notice issued under Section 8(a) of the Companies (Profits) Surtax Act, 1964. 2. The Deputy Commissioner of Income-tax calculated the surtax at Rs. 32,41,000. Against the decision of the Deputy Commissioner of Income-tax, the Department preferred three appeals under Section 6(2) of the Surtax Act. The appeals for the assessment years 1984-85 and 1985-86 were dismissed and for the assessment year 1986-87 it was partly allowed. The Department preferred a ST Appeal No. 4 of 1987, in respect of the assessment year 1986-87 on the ground that the appellate authority was not justified in directing...
Shyam Lal Jaiswal Vs. State of U.P.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003CriLJ4618
K.N. Sinha, J.1. The present application has been filed against the order dated 27-2-2003 passed by Chief Judicial Magistrate, Mirzapur in Case Crime No. 865 of 2003 whereby he directed to register the application under Section 156(3), Cr.P.C. as complaint.2. The brief facts giving rise to this application are that an application under Section 156(3), Cr.P.C. was moved by revisionist for registration of the case and investigation. The C.J.M. Mirzapur ordered for registering of the case as a complaint case.3. Being aggrieved by the said order the present revision has been filed.4. I have heard learned counsel for the applicant and learned A.G.A. and also perused the impugned order. The impugned order is bad in the eyes of law for two reasons. Firstly the C.J.M., Mirzapur has not applied his mind while passing the order. Secondly he has referred to certain authorities of this Court and that of Apex Court but it appears that he has not properly gone through those authorities.5. In the cas...
Vijendra Kumar Mali Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003CriLJ4619
ORDERK.N. Sinha, J.1. The present revisions have been filed against the order dated 10-2-2003 passed by the Sessions Judge, Sonebhadra rejecting the bail applications of the revisionists.2. It appears that the revisionists were declared juvenile by order dated 27-11-2002 passed by the C.J.M. This fact was confirmed by the Sessions Judge in his judgment. The Sessions Judge has rejected the bail applications against which Criminal Revisions Nos. 324 of 2002 and 2.177 of 2002 were filed. The said revisions were allowed by this Court setting aside the order of the Sessions Judge and that of the C.J.M., so far as it related to refusal of bail. It was also directed by this Court's order dated 20-12-2002 that if the revisionists move application for bail, the court shall dispose it of keeping in view the provisions contained in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act.'3. The above order was placed before the Sessions ...
Lala Ram and ors. (In Jail) Vs. State
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003CriLJ4631
D.P. Gupta, J. 1.This is a case in which accused appellants killed Mani Ram and injured PW 1 Babu Ram after picking up quarrel on a petty issue. IVth Additional Sessions Judge, Pilibhit, in S. T. No. A86 of 1981 State v. Lala Ram and 3 others, under Section 302/323 IPC, P.S. Barkhyera, District Pilibhit, convicted the accused appellants for offence punishable under Section 302, read with Section 34 IPC and sentenced each of them to undergo imprisonment for life and further convicted appellants Lala Ram and Hira Lal for offence punishable under Section 323 IPC and sentenced each of them to undergo rigorous imprisonment for a period of 6 months. The sentences so awarded were to run concurrently. Feeling aggrieved by this the present appeal has been preferred by accused appellants.2. The prosecution ease as unfolded in the trial Court was that accused appellants Lala Ram, son of Dhani Ram, Hira Lal, son of Nand Ram, Chhote Lal, son of Nand Ram, Net Ram, son of Chheda Lal and complainant B...
Km. Indu Mishra and Etc. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: 2003CriLJ4944
U.S. Tripathi, J. 1. Above writ petitions have been filed separately by each of the petitioner for quashing their detention order dated 1-5-2002 passed by District Magistrate, Allahabad, respondent No. 4, separately against each of the petitioner under Section 3(2) of National Security Act, herein after called the Act, in order to preventing them from acting in a manner prejudicial to the maintenance of public order.2. The grounds of detention served upon each of the petitioner separately along with order of detention common in all the writ petitions, stated that on the night of 22/23-1-20012 22/23-1-20012 at about 10.10 p.m. Dr. Deepak Agarwal, Child Specialist was going to his residence from his clinic situate at Mohalla Unchamandi, P. S. Muthiganj, Allahabad, along with his security guard Kamlesh Narain Mishra in his Maruti Zen Car. The petitioner-Ashok Mishra along with his associates Ashok Singh, Dinesh Tewiar alias Pappu Shooter, Sandeep Singh, Amit alias Brijesh Singh and others...
Rishi Muni Giri Vs. Regional Manager, U.P. State Road Transport Corpor ...
Court: Allahabad
Decided on: Apr-22-2003
Reported in: (2003)3UPLBEC2335
S.K. Singh, J.1. Challenge in this petition arc the orders dated 31.7.1998 (Annexure No. 5 to the writ petition), 11.10.2000 (Annexure No. 6 to the writ petition) and 30.5.2001 (Annexure No. 7 to the writ petition), passed by the respondents No. 1, 2 and 3 respectively. By the order dated 31.7.1998, referred above, the Disciplinary Authority removed the petitioner from service, which has been confirmed in appeal and revision by the other two orders, referred above.2. For the purpose of decision brief facts can be summarised thus. The petitioner had been working as Conductor in the U.P. State Road Transport Corporation, herein after referred to as the Corporation. Petitioner claims that he was allotted duty on 22.9.1996 for running with the bus from Lalganj to Delhi and Delhi to Lalganj and thereafter from Bahraich to Lalganj to Allahabad and thus after completing three days continuous duty petitioner was to take rest at his quarter as he was not feeling well and was suffering with seri...
Cit Vs. Benares State Bank Ltd.
Court: Allahabad
Decided on: Apr-22-2003
Reported in: [2004]139TAXMAN268(All)
This appeal arises against the order of the Income Tax Appellate Tribunal passed in December, 1998, in I.T.A. No. 4 (All) of 1991 in relation to the assessment year 1986-87. The proceedings were taken against the assessee on the return being filed declaring the chargeable profits under the Companies (Profits) Surtax Act, 1964, at Rs. 1,03,950 filed on 18-3-1989. It was in response to the notice issued under section 8(a) of the Companies (Profits) Surtax Act, 1964.2. The Deputy Commissioner of Income Tax calculated the surtax at Rs. 32,41,000. Against the decision of the Deputy Commissioner of Income Tax, the department preferred three appeals under section 6(2) of the Surtax Act. The appeals for the assessment years 1984-85 and 1985-86 were dismissed and for the assessment year 1986-87 it was partly allowed. The department preferred a ST Appeal No. 4 of 1987, in respect of the assessment year 1986-87 on the ground that the appellate authority was not justified in directing the assessme...
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