Allahabad Court October 2004 Judgments
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Rajeshwari Kushwaha (Smt.) Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Oct-28-2004
Reported in: 2005(2)AWC1440; 2005(3)ESC1931; (2005)2UPLBEC1216
Ashok Bhushan, J. 1. Heard Sri P.N. Saxena, learned Senior Advocate, assisted by Sri A.K. Sachan, Sri Ravi Kiran Jain, Senior Advocate, assisted by Sri L.M. Singh for respondent No. 5 and learned Standing Counsel.2. By this writ petition, the petitioner has prayed for quashing the order dated 16.8.2004 passed by District Magistrate, Kanpur Nagar by which the District Magistrate has ceased the financial and administrative powers of the petitioner under Proviso to Section 95(1)(g) of U.P. Panchayat Raj Act, 1947 and appointed three members Committee.3. Brief facts, which emerge from pleading of the parties, are; a complaint was filed against the petitioner by several members of the Gaon Sabha on which the Commissioner of the Division passed an order to the Deputy Director (Panchayat) to conduct an enquiry. The Deputy Director (Panchayat) conducted an enquiry and submitted report dated 20.2.2004 to the Commissioner. The District Magistrate, Kanpur Nagar on the basis of the enquiry report ...
Committee of Management, Patel Vidyapith Inter College and anr. Vs. St ...
Court: Allahabad
Decided on: Oct-28-2004
Reported in: (2005)1UPLBEC1028
Arun Tandon, J.1. Heard Sri S.D. Shukla on behalf of the petitioner, Sri S.N. Verma on behalf of respondent Nos. 5 to 7 and learned Standing Counsel on behalf of respondent Nos. 1 to 4.2. Patel Vidyapith Inter College Baraur, District Kanpur Dehat is an aided and recognized institution under the provisions of the Intermediate Education Act. The provisions of the said Act as also those of the U.P.High School and Intermediate Colleges (Teachers and other Employees Payment of Salary) Act, 1971 are fully applicable to the Teachers and Staff of said institution.3. Sri J.K. Singh, who claims himself to be the Manager of the Committee of Management of the said institution, has filed this writ petition against the order of the Regional Joint Director of Education dated 18th May, 2004 whereby the Regional Joint Director of Education has appointed a Prabandh Sanchalak in the institution. The said order of the Joint Director of Education has been challenged amongst other on the two grounds (a) th...
Commissioner of Income-tax Vs. Maiku Lal (Huf)
Court: Allahabad
Decided on: Oct-28-2004
Reported in: [2005]276ITR671(All)
R.K. Agrawal, J.1. The Income-tax Appellate Tribunal, Delhi, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', for opinion to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting an addition of Rs. 1,54,236 from the income of the assessee-Hindu undivided family ?'2. Briefly stated the facts giving rise to the present reference are as follows :The present reference relates to the assessment year 1975-76. The respondent is a Hindu undivided family. It has earned income from money-lending business and share income from a firm in the past up to the assessment year 1974-75. A search and seizure was conducted at the residential and business premises of the respondent on May 30/31, 1974. It may be mentioned here that the accounting period/previous year relevant to the assessment year is from October 27, 1973 to Diwali, 1974, thereby the date of search and ...
Commissioner of Wealth Tax Vs. Smt. Phoolwati Agarwal
Court: Allahabad
Decided on: Oct-28-2004
Reported in: [2005]276ITR623(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following two questions of law under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for opinion to this court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the case of the Delhi High Court in the case of Gee Vee Enterprises v. Addl. CIT : [1975]99ITR375(Delhi) was distinguished ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in cancelling the order of the Commissioner of Wealth-tax passed under Section 25(2) of the Wealth-tax Act as without jurisdiction in view of the Calcutta High Court decision in Ganga Properties v. ITO : [1979]118ITR447(Cal) '2. The reference relates to the assessment year 1975-76. The Wealth-tax Officer had valued the immovable property at Rs. 50,809 as on March 31, 1975. The Commissioner of Wealth-tax on examination of the record of the case was of the ...
Ram Kalap (Deceased) Through L.Rs. Vs. Chaitoo
Court: Allahabad
Decided on: Oct-28-2004
Reported in: 2005(2)AWC2004
N.K. Mehrotra, J.1. This is second civil appeal against the judgment and decree dated 15.1.1982, passed by the Civil Judge, Pratapgarh in Appeal No. 11 of 1980 setting aside the judgment and decree dated 27.11.1979, passed by the Additional Munsif Sultanpur in Regular Suit No. 12 of 1978, Ram Kalap v. Chaitoo, dismissing the suit of the plaintiff.2. I have heard Shri Balram Yadav, the learned counsel for the appellants and Shri Sharad Dwivedi holding brief of Shri D. D. Dwivedi, the learned counsel for the respondent on the substantial questions of law formulated in the memo of the appeal.3. This appeal was admitted on 24.5.1982, after taking into consideration the substantial questions of law formulated in the memo of appeal.4. It appears that the plaintiff-appellant filed a suit for permanent prohibitory injunction restraining, the defendant from opening any door towards south of his house and from raising any construction over the land shown by letters. Aa, Ba, Ra, La, Da, Ya in the...
Zamir Ahmad (D.) Through L.R. and ors. Vs. Samson Claudius and ors.
Court: Allahabad
Decided on: Oct-28-2004
Reported in: 2005(2)AWC1842
N.K. Mehrotra, J.1. This is a second civil appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 23.1.1982 passed by the District Judge, Bahraich dismissing the appellant's appeal against the judgment and decree of first Additional Munsif, Bahraich, dated 7.11.1981 in Regular Suit No. 216 of 1970 allowing the plaintiffs' application under Section 4 of the Indian Partition Act.2. I have heard Shri Mohd. Arif Khan, the learned counsel for the appellants and Ms. Veena Sinha, the learned counsel for the respondents on the substantial questions of law formulated in the memo of the appeal.3. It appears that Samson Claudius, Wilson Claudius, Churchill Claudius and Mrs. Pyari Claudius, four persons had filed a suit for partition against Smt. Ester Zondin and Miss Ruth Claudius as defendant Nos. 1 and 2 and Zamir Ahmad, a stranger to the family being purchaser of the share of the defendants for partition of a house detailed at the foot of the plaint. This...
Cit Vs. Smt. Satyawati Devi
Court: Allahabad
Decided on: Oct-28-2004
Reported in: [2005]145TAXMAN438(All)
ORDER1. The Income Tax Appellate Tribunal, Delhi, has referred the following question of law under section 256(1) of the Income Tax Act, 1916 (hereinafter referred to as 'the Act') for opinion to this Court:'Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the Income Tax Officer was not justified in reducing the relief under section 80K of the Income Tax Act, 1961 originally granted to the assessee as a shareholder on the basis of the certificates issued by the Income Tax Officer under section 197(3) of the Act to the Principal Officers of the concerned companies and the consequential certificates issued by the Principal Officers to the shareholders under rule 31(4) of the Income-tax Rules, 1962 on the basis of the assessments made on the companies?'2. Heard Shri A.N. Mahajan, learned Standing counsel, for the Revenue and no body appears, for the assessee.3. It may be mentioned here that similar question in the case of another ...
Cgt Vs. Govind Hari Singhania (Huf)
Court: Allahabad
Decided on: Oct-28-2004
Reported in: [2005]145TAXMAN539(All)
1. The Income Tax Appellate Tribunal, Allahabad, has referred the following question of law under section 26(1) of the Gift Tax Act, 1958 (hereinafter referred to as 'the Act) for opinion to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the gift made by the assessee to M/s. J.K. Charitable Trust is exempt under section 5(1)(v) of the Gift Tax Act, 1958 even though the Trust has not been recognised as a Trust satisfying the conditions prescribed under section 80G(5) of the Income Tax Act, 1961.'2. Briefly stated the facts giving rise to the present reference are as follows:The reference relates to the assessment year 1969-70. During the assessment year in question the respondent-assessee had made a gift to M/s. J.K. Charitable Trust. They claimed exemption under section 5(1)(v) of the Act. The Gift Tax Officer had denied the exemption on the ground that the Trust has not been recognized as a Trust satisfying the conditions ...
Sunil Kumar Dubey Vs. Principal, K.B. Post-graduate Degree College and ...
Court: Allahabad
Decided on: Oct-27-2004
Reported in: AIR2005All48; 2005(1)AWC377; (2005)1UPLBEC663
ORDERArun Tandon, J.1. Heard Sri Rahul Sripat on behalf of the petitioner and Sri S. K. Chaubey on behalf of respondent No. 2, Sri Anil Tiwari on behalf of respondent No. 32. Petitioner Sunil Kumar Dubey, who was admitted as regular student in two years degree Course in K. B. Post Graduate Degree College, Mussafarganj, Mirzapur, has approached this Court by means of the present writ petition for quashing the election program, as has been notified by the Principal of the K. B. Post Graduate College for the academic year 2004-2005. According to schedule so notified, which has been enclosed as Annexure-2 to the writ petition, process of the elections has commenced from 7th October, 2004 and the polling as well as declaration of result has to take place on 29th October, 2004.3. According to petitioner, he has appeared in the M. A. previous year examination conducted by the University in the year 2004. However, the result of the said examination has yet not been declared. Because of non-dec...
Smt. Kusum Lata Yadav Vs. A.D.J., Court No. 14 and ors.
Court: Allahabad
Decided on: Oct-27-2004
Reported in: 2005(1)AWC349
S.U. Khan, J.1. This is also one of those cases where provisions of allotment provided under Section 16 of U. P. Rent Control Act, hereinafter referred to as U.P.R.C. Act (U. P. Act No. 13 of 1972) has been utterly abused for grabbing a house by the petitioner who appears to have some political influence with the clear, active support of District Supply Officer (D. S. O. in short), Moradabad. acting as Rent Control and Eviction Officer, hereinafter referred to as R. C. & E. O. Sri Suresh Chandra Jain, learned Addl. District Judge, Court No. 14, Moradabad, while allowing Rent Control Revision No. 2 of 2003 which was filed by landlord respondents against allotment order has very elaborately given the details of the entire proceedings which were initiated and concluded within two weeks. The learned Addl. District Judge has risen to the occasion and has given a damning verdict exposing grave ill-treatment of the relevant provisions of allotment provided under U. P. R. C. Act at the hands o...
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