Allahabad Court September 2003 Judgments
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Cwt Vs. Smt. Shanti Devi Mittal
Court: Allahabad
Decided on: Sep-16-2003
Reported in: [2005]142TAXMAN71(All)
1. This is a reference under section 27(1) of the Wealth Tax Act, in which the following question has been referred to us for our opinion :Whether the Tribunal was justified in law in holding that the revenue did not have any grievance because the assessment had been set aside with the direction that the Wealth Tax Officer shall reframe the assessments after complying with rule IBB of the Wealth Tax Rules.2. The question referred is covered by the decision of the Supreme Court in CWT v. Sharvan Kumar Swarup & Sons : 1995ECR425(SC) .3. Following the said decision, the reference is answered in the affirmative, i.e., in favour of the assessee and against the department....
Cwt Vs. Sarv Shakti Swarup
Court: Allahabad
Decided on: Sep-16-2003
Reported in: [2004]141TAXMAN360(All)
This is a Wealth Tax Reference under section 27(1) of the Wealth Tax Act, in which the following question has been referred to us for our opinion :'Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the property of agricultural land belonged to the assessee HUF and not to the assessee as individual.'2. The question referred is covered by the decision of this court in Rain Awalamb v. Jata Shanker 1968 A.L.J. page 1108 (FB).3. Following the said decision, the reference is answered in the negative, i.e., in favour of the department and against the assessee....
Dr. Prakash Chandra Kamboj Vs. Director (Higher Education) and ors.
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2003(4)AWC3192b
Yatindra Singh, J.1. The main question involved in these two writ petitions is, 'how a vacancy of more than ten months due to long leave on the post of the principal of a degree college should be filled up'. In this connection, we will also consider the scope of Sub-section (4) of Section 13 [Section 13 (4)] of the U.P. Higher Education Services Commission Act, 1980 (the Commission Act) and the Supreme Court decision in Kamlesh Kumar Sharma v. Yogesh Kumar Gupta and Ors., (1998) 1 UPLBEC 743 : AIR 1998 SC 1929, (the Sharma case) which arose from a Division Bench decision of our court in Dr. Yogesh Kumar Gupta v. State of U.P. and Ors., 1995 UPLBEC 1125.THE FACTS2. Two teachers of the Bareilly College, Bareilly (the Bareilly College) affiliated with the Rohilkhand University are contesting parties, Dr. Prakash Chandra Kamboj and Dr. Somesh Yadav, Dr. Kamboj was appointed as Lecturer in the department of Chemistry in the Bareilly College on 16.7.1965 and was promoted as Reader on 1.1.198...
Miss Chanchal Mehra Vs. National Council of Educational Research and T ...
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2003(4)AWC3455; (2004)1UPLBEC639
ORDERM. Katju and Umeshwar Pandey, JJ.1. Heard learned counsel for the parties.2. The petitioner has prayed for a mandamus directing the respondents to reimburse the entire medical expenditure incurred by the petitioner towards her treatment after her superannuation. The petitioner has also challenged the office memo dated 14.1.1992, Annexure-3 to the writ petition as ultra-vires and violative of Articles 14, 19 and 21 of the Constitution of India.3. The petitioner retired on attaining the age of superannuation from the post of Reader in the National Council of Educational Research and Training, New Delhi on 31.10.1988. It is alleged in para 3 of the petition that the petitioner was entitled to reimbursement of her medical expenses while in service. The dispute is about her claim for reimbursement for medical bills after her retirement. After retirement she shifted to Allahabad, which is her hometown. It is alleged in para 5 of the petition that she is 73 years of age and is having hig...
Devi Prasad and ors. Vs. Mahant Goswami Tribhuwanpuri
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004(1)AWC111
Janardan Sahai, J.1. In Varanasi, the City of temples and maths there is in Vishwanath Gali a Ram Mandir, which is undisputedly a temple and adjoining it a temple of Annapurna Devi, which according to Tribhuwanpuri, the respondent in these revisions, is a math. Disputes about management of Ram Mandir arose about half a century ago giving birth to a suit in the year 1958 by Jagdish Prasad the predecessor of the applicants in these revisions against Vishwanath Puri the predecessor of Tribhuwanpuri the respondent herein. The suit travelled its way upto the Supreme Court. Both, the High Court in the first appeal and the Supreme Court in the appeal against the High Court's judgment settled the dispute about the character of Ram Mandir and held that it is a public temple. Neither the High Court nor the Supreme Court, however, decided the question even then agitated by the defendant that the shebaitship of the Ram Mandir vested in the mahant of math Annapurna Devi. The Supreme Court rather ch...
Siya Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004(2)AWC1029; [2004(102)FLR31]; (2004)IILLJ844All
N.K. Mehrotra, J.1. Heard the learned counsel for the petitioner, the learned standing counsel for the opposite party No. 1 and Shri Mahesh Chandra, advocate for the opposite parties No. 2 and 3.2. This is a writ petition under Article 226 of Constitution of India for issuing a writ in the nature of mandamus commanding the opposite parties to issue the appointment letter to the petitioner for the post of conductor and also to provide all consequential benefits in terms of the judgment of the Hon'ble Supreme Court reported in (1995) 1 UPLBEC 320.3. The case of the petitioner is that he completed the training for the post of the conductor from 15.6.1980 to 29.6.1980. After completion of his apprenticeship as conductor, the petitioner was not provided any job although, the Apprentices Act provided for the regulation and control of training of apprentices and the amendment in the Act aimed to provide 'on the job training' to the products of vocational streams. In compliance of the judgment...
Punjab National Bank Vs. Iiird Additional District Judge/Judge for Sma ...
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004(2)AWC1031
N.K. Mehrotra, J.1. This is a revision under Section 25 of the Small Causes Court Act against the judgment and order dated 6.4.1993 passed by the IIIrd Additional District Judge/Small Causes Judge, Lucknow, thereby decreeing the Suit No. 9 of 1986, Sarad Thadant v. Punjab National Bank, for arrears of rent and ejectment.2. Plaintiff/opposite parties filed a suit for arrears of rent and ejectment with respect to the premises in question situated at the first floor of Thadani Mansion, Hazratganj, Lucknow, on the ground that the provisions of U. P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') were not applicable to the premises in suit as the premises in suit was constructed on the open space after entering into an agreement dated 26.5.1977, between the predecessor in title of the plaintiff and the Hindustan Commercial Bank predecessor of the defendant. The premises was let out on monthly rent of Rs. 7,150 (Rs. 4,000 as rent for fitting and fixture in strong room Rs. 2,950 an...
Mohd. Zirgham Ansari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004CriLJ973
ORDERK.N. Sinha, J.1. The present application under Section 482, Cr. P.C. has been filed for quashing of the charge-sheet No. 129 of 2002 (Case Crime No. 127 of 2002) under Sections 498A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act of Police Station Alinagar, District Chandauli.2. The brief facts, giving rise to this application, are that applicant Mohd. Zirgham Ansari was married with Smt. Shamima Begum, the sister of Riaz Ahmad, respondent No. 3. At the time of marriage, age of Smt. Shamima Begum was quoted ten years less than she actually then was. Her date of birth in the High School Certificate was shown to be 5th of July 1968 but in the affidavit, it was shown to be 5th of October, 1978. When the applicant and his family sent a legal notice for the same and sent the amount of Mehar through money order, the respondent No. 3 lodged a FIR on 12-8-2002 under Sections 498A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act against the appl...
Ghan Shyam Alias Subhash and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004CriLJ967
ORDERK.N. Sinha, J. 1. This revision has been filed against the order dated 15-10-1985 passed by Additional Sessions Judge, Agra, in Session Trial No. 94 of 1984 framing the additional charge under Section 306 I. P. C.2. The brief facts giving rise to the present revision are that revisionist and others were charge sheeted for the murder of Smt. Meera wife of accused Murari Lal. The Sessions Court framed charge under Section 302 IPC on 30-11-1984. However, later on the charge under Section 306 I. P. C. was also framed on October 15, 1985. It appears that both the charges stand together hence the learned counsel for the revisionist has submitted that it can either be a murder or the suicide. There is absolutely no evidence that deceased Smt. Meera was ever tortured.3. I have perused the charges framed. It is also not clear as to why and under what circumstances the additional charge under Section 306 I. P. C. was also framed.4. The offence under Section 306 IPC cannot be said to be a mi...
Aslam Vs. State of U.P.
Court: Allahabad
Decided on: Sep-15-2003
Reported in: 2004CriLJ979
ORDERK.N. Sinha, J.1. By means of the present application under Section 482 of the Code of Criminal Procedure the applicant has sought for quashing of proceedings of Criminal Case No. 25 of 1998 -- State of U.P. v. Aslam under Section 3/7, Essential Commodities Act of police outpost Chharra of police station, Barla, District Aligarh.2. The brief facts, giving rise to the present application, are that an F.I.R. was lodged at police out post Chharra of police station, Barla, District Aligarh under Section 3/7, Essential Commodities Act, which was registered as case crime No. 209/1997, by which the applicant accused Aslam was found selling the fertilizer and when raid was conducted many bags of D.A.P. fertilizer and few other articles -- red powder ashes of coal was found. The applicant by means of red powder and coal ashes manufactured duplicate D.A.P. fertilizers, causing loss to farmers.3. The case was investigated and charge-sheet was submitted against the accused applicant. The Speci...
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