Allahabad Court May 2003 Judgments
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Mohammad Farooq Khan Vs. Smt. Zaitoon Begum and anr.
Court: Allahabad
Decided on: May-14-2003
Reported in: 2003(4)AWC2968
B.K. Rathi, J.1. Both these second appeals have been filed against the same judgment and decree dated 15.9.1976, passed in Civil Appeal No. 219 of 1975 by Additional Civil Judge. Meerut. Therefore, both these appeals are being disposed of by this common judgment. 2. The plaintiff-respondent No. 1, Smt. Zaitoon Begum filed the suit for specific performance of contract of sale originally against Mohd. Farooq Khan, the appellant of Appeal No. 2067 of 1976. Arjun Das, the appellant of Second Appeal No. 2158 of 1976 was later on impleaded in the suit being subsequent purchaser. 3. In brief, it is alleged by the plaintiff-respondent No. 1 that appellant, Mohd. Farooq Khan agreed to sell his house No. 383, Ghosi Mohalla, Lal Kurti, Meerut to the plaintiff for a sum of Rs. 3,000 and executed a registered agreement on 19.9.1966 and received Rs. 25 as advance and it was agreed that the sale deed shall be executed within six years on payment of Rs. 2,975 being balance amount of sale consideration...
Avinash Singh Vs. Commissioner and ors.
Court: Allahabad
Decided on: May-14-2003
Reported in: 2003(4)AWC3012
ORDERM. Katju, J.1. Heard learned counsel for the parties.2. This writ petition has been filed for a writ of certiorari to quash the impugned orders dated 15.2.1999 and 16.12.2000, Annexure-1 and Annexure-4 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents to exclude the entire alleged amount of interest from betterment charge in respect of house No. 928 in village Vinaykapur, district Kanpur Nagar ignoring the impugned orders. The petitioner has also prayed that the respondents be directed to sanction and approve the map submitted by the petitioner and permit the petitioner to raise constructions.3. It is stated in paragraph 3 of the writ petition that the petitioner has deposited the entire amount of betterment charge of about Rs. 60,439.50. However, the petitioner is challenging the demand of interest of Rs. 53,828.95 by the impugned order. A true copy of the order dated 16.12.2000 has been annexed as Annexure-1 to the writ petition. In pa...
Hemant Kumar Agrahari and anr. Vs. Smt. Lakshmi Devi and anr.
Court: Allahabad
Decided on: May-14-2003
Reported in: AIR2004All126
Yatindra Singh, J.1. This case involves diverse emotions -- from happiness to disappointment and then determination to start new life. It also involves the interpretation and scope of Section 27 of Hindu Marriage Act (the Act) as well as jurisdiction of the matrimonial Courts to dispose of exclusive property of the spouses.FACTS2. Smt. Laxmi Devi (the wife) was married with Sri Hemant Kumar (the husband) on 30th April 1996. The marriage was not successful. It did not last long; it was not even consummated. According to wife her husband was already having physical relationship with one Sushri Sunita Pathak and continued to have it even after the marriage. Few meetings were held for settlement of dispute between the parties but were unsuccessful. The wife filed a petition for divorce under Section 13 of the Act on the ground of adultery and cruelty. She also prayed for relief for return of the goods/ amount given at the time of marriage and apart from her husband, impleaded her father-in...
Cit Vs. Auto Sales
Court: Allahabad
Decided on: May-14-2003
Reported in: [2003]132TAXMAN891(All)
ORDERThe following question has been referred to this court by the Appellate Tribunal :'Whether, on the facts and in the circumstances of the case, the Tribunal was lawful to hold that transaction by book entries are not genuine transactions and, therefore, interest payment on debit as a result of such transactions are not allowable as deduction expenditure specially in absence of any such observation of finding by the Income Tax Officer to this effect ?'2. The Tribunal, in respect of the question arising out of the order dated 6-11-1982 referred to it, had relied upon a decision for the assessment year 1971-72 for holding that the amount of Rs. 2,59,873 realised by the assessee for the accounting year 1970-71 did not constitute the trading receipts. The said decision was upheld by this court in CIT v. Auto Sales : [2000]246ITR494(All) , wherein it was held that where the assessee was a dealer of motor vehicles and sold the same on hire purchase basis in which system there was no immed...
Cit Vs. Shyamlal
Court: Allahabad
Decided on: May-14-2003
Reported in: [2003]132TAXMAN890(All)
ORDERHeard Sri A.N. Mahajan, learned counsel for the Applicant.2. The following questions have been referred to this court by the Tribunal :'1. Whether, on the facts and circumstances of the case, the Tribunal was legally correct in holding that the share income from the firm M/s. Gordhan Dass Mahender Kumar should not be computed in the hands of the assessee ?2. Whether, on the facts and circumstances of the case, the Tribunal was legally correct in observing that the share income from M/s. Sisona Gur and Khandsari Udyog in the names of Shyamlal Surender Kumar and Jitender Kumar, Smt. Vidya Devi cannot be considered as income in the hands of the assessee 3. Whether, on the facts and circumstances of the case, the Tribunal was legally correct in holding that the interest income from the firm M/s. Gordhandas Mahender Kumar in the name of Shyamlal Surender Kumar and in the name of Jitender Kumar Vidya Devi cannot be included in the hands of the assessee ?'3. The assessee is a Hindu Undiv...
Khan Carpets Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-13-2003
Reported in: (2004)187CTR(All)668; [2003]262ITR325(All)
1. The following question of law has been referred for opinion to this court: 'Whether the finding of the Income-tax Appellate Tribunal that the increase of only Rs. 100 per month in the salaries of three employees, namely, Shri Ali Ahmed, Mohd. Ali and Ajaz Ahmad, shall be reasonable or is arbitrary and in ignorance of the conditions laid down in Section 40A(2) of the Income-tax Act ?' 2. The above question arises out of the facts that the applicant is a registered firm. It employed various persons in its firm for carrying out its activities. It enhanced the salary of three employees, namely, Sri Ajaz Ahmad from Rs. 800 to Rs. 900 per month, Ali Ahmad from Rs. 1,000 to Rs. 1,200 per month and Mohammad Ali from Rs. 500 to Rs. 900 per month in the assessment year 1975-76. 3. The Income-tax Officer took the view that the increase in the salary of these persons was not on the grounds of commercial expediency and was unreasonable, having regard to the fair market value of their services, t...
Hari Krishan Chander Whora Vs. Additional Labour Commissioner (industr ...
Court: Allahabad
Decided on: May-13-2003
Reported in: (2003)IIILLJ358All
Anjani Kumar, J.1. Heard learned counsel for the petitioner and Sri Vijay Kumar Rathi, holding brief of Sri R.D. Khare, learned counsel appearing for the contesting respondents.2. The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has challenged the orders dated August 16, 1995 passed by the respondent No. 2 and the order dated April 30, 1997 passed by the respondent No. 1 under the provisions of Payment of Gratuity Act, 1972. The sole point argued by the learned counsel for the petitioner is that it is admitted case of the parties that the Payment of Gratuity Act has been amended by U.P. Act No. 26 of 1984. Section 6 of the Amending Act specially provides as under:'6. Validation. - The amendments made in the Principal Act by Section 3 and Section 4 shall be deemed to have been made with effect from February 11, 1981 and accordingly any action or thing taken or done or purporting to have been taken, or done under the Principal Act on or after...
New Indian Assurance Co. Ltd. Vs. Smt. Sunita and ors.
Court: Allahabad
Decided on: May-13-2003
Reported in: III(2003)ACC197; 2003(4)AWC2706
S. P. Srivastava, J. 1. Heard the learned counsel for the insurer/ appellant.Sri S. D. Ojha, learned counsel for the clatmants-caveators-respondents, who has put in appearance at this stage, has also been heard.2. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 4,08,000 as just compensation to which the dependants of the deceased Rajesh were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a Truck which had been insured by the present appellant covering the risk.3. The Motor Accident Claims Tribunal, on a careful consideration of the evidence and materials brought on record, had come to the conclusion that the deceased Rajesh was aged about 24 years. The income of the deceased was found to be Rs. 3,000 per month. The family of the deceased was quite large. Besides his wife, he had left behind tw...
New India Assurance Co. Ltd. Vs. Smt. Usha Devi and ors.
Court: Allahabad
Decided on: May-13-2003
Reported in: III(2003)ACC172; 2004ACJ1927; 2003(4)AWC2965
S.P. Srivastava, J. 1. Heard the learned counsel for the Insurer/ appellant. 2. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accident Claims Tribunal, determining an amount of Rs. 6,72,048 as just compensation to which the dependants of the deceased Udai Veer Singh were found entitled to on account of his untimely death who met with an accident involving the offending motor vehicle, a Truck which had been insured by the present appellant covering the risk. 3. The Motor Accident Claims Tribunal, on a careful consideration of the evidence and materials brought on record, had come to the conclusion that the deceased Udai Veer Singh was aged about 38 years. The income of the deceased was found to be Rs. 7,000 per month. The family of the deceased was quite large. Besides his wife, he had left behind five children. After excluding the l/3rd of the income of the deceased which he might have been spending up...
Pranjal Bishnoi Vs. U.P. Technical University and ors.
Court: Allahabad
Decided on: May-13-2003
Reported in: 2003(4)AWC2967
ORDERS. P. Srivastava and K.N. Ojha, JJ. 1. Heard the learned counsel for the appellant. 2. It is not disputed that taking into account the aggregate of marks obtained by the petitioner-appellant in the subjects of Physics, Chemistry and Mathematics as disclosed in the mark-sheet issued for the Senior School Certificate Examination, 2002, he had secured, only 49.66% marks to his credit and thus did not satisfy the minimum eligibility criteria fixed for being considered for admission to the vacant seat for the B.Tech course in the Technical Institute affiliated to the U. P. Technical University. 3. The learned single Judge vide the impugned order has dismissed the writ petition filed by the petitioner holding that the petitioner was not entitled to be taken to have secured 50% marks which was the minimum simply on the ground that the percentage of marks to his credit being 49.66% was liable to be rounded of to 50% marks. 4. It may be noticed that the present one cannot be taken to be a ...
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