Allahabad Court November 2004 Judgments
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Amar Nath Gupta Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-23-2004
Reported in: 2005(2)AWC2093
Umeshwar Pandey, J.1. Heard the learned counsel for the revisionist and the learned A.G.A.2. This criminal revision arises out of the judgment and order dated 6.4.1999 passed by Judge, family court, Gorakhpur in Criminal Petition No. 144 of 1997 under Section 125 of the Code of Criminal Procedure and divorce petition No. 147 of 1996 under Section 13 of the Hindu Marriage Act.3. The brief background facts of the aforesaid two cases, are that the parties are husband and wife and are living separately. The husband filed a divorce petition and the wife filed a petition for award of maintenance before the said Court. The court below had taken up both the petitions together and the evidence of the parties were recorded in Divorce Petition No. 147 of 1996 which is also treated as admissible piece of evidence for the purposes of disposal of Maintenance Petition No. 144 of 1997. Thus, treating both the petitions as consolidated with common evidence, the court below has given its decision togeth...
Smt. Sushila Devi and ors. Vs. Rameshwar Dayal
Court: Allahabad
Decided on: Nov-23-2004
Reported in: 2005(3)AWC2728
N.K. Mehrotra, J.1. This is second appeal under Section 100 of Code of Civil Procedure against the judgment dated 21.5.1983, passed by Vlth Addl. District Judge, Sitapur dismissing the defendants' appeal and confirming the judgment and decree dated 26.7.982, passed by IVth Addl. Munsif. Sitapur, decreeing the plaintiff-respondent's suit for possession over the house situated at village Dharag, Pargana Khairabad, Tehsil and district Sitapur.2. I have heard Shri Avadhesh Kumar learned counsel for the appellants. The plaintiff-respondent is represented through a counsel but nobody appeared to argue the appeal.3. It appears that the plaintiff-respondent Rameshwar Dayal filed a suit for possession of the disputed house on the ground that the disputed house belong to Smt. Sarju Dei and after her death, he being the maternal nephew is the only legal heir to inherit the property left by Smt. Sarju Dei. Smt. Sarju Dei died on 29.4.1977 and since then he has been in possession, over the disputed...
Commissioner of Income-tax Vs. Mata Prasad
Court: Allahabad
Decided on: Nov-23-2004
Reported in: [2005]278ITR354(All)
1 The Income-tax Appellate Tribunal, Allahabad has referred the following questions of law under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case the Tribunal was legally correct in reviewing its own finding recorded in the quantum appeal and in holding that earlier finding was not correct on fact ?2. Whether, on the facts and in the circumstances of the case, the . order of the Tribunal is vitiated as it has failed to consider the concealment admitted by the assessee himself in the revised return ?3. Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in cancelling the penalty for concealment ?'2. The reference relates to the assessment year 1973-74.3. Briefly stated the facts involved in the present case are as under :The reference relates to the assessment year in question in respect of penalty imposed under Section 2...
Chief Commissioner (Administration), U.P. Vs. Krishi Disc (P) Ltd.
Court: Allahabad
Decided on: Nov-23-2004
Reported in: [2006]154TAXMAN297(All)
ORDERP. Krishna, J. The Income Tax Appellate Tribunal, Delhi has referred the following two questions of law under section 256(1) of the Income Tax Act, 1961 (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 a new industrial undertaking for manufacture of knives had come into existence and was entitled to deduction under section 80J of the Income Tax Act, 1961 ?2. Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in upholding the directions of Commissioner (Appeals) to carry forward of development rebate for assessment years 1971-72 and 1975-76 and to be set off in the year in which there were profits.'2. Briefly stated the facts giving rise to the present reference are as follows:The respondent-assessee was manufacturing and selling discs and knives. The present reference relates for the assessment year 1980-81. The resp...
Shree Pal Singh (Dr.) Vs. Labour Court and anr.
Court: Allahabad
Decided on: Nov-22-2004
Reported in: [2005(104)FLR1199]; (2005)1UPLBEC524
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This writ petition is directed against the award dated 2nd May, 1998 passed by the Labour Court, U.P., Agra in Adjudication Case No. 84 of 1996.3. The brief facts of the case are that respondent No. 2 is a Cooperative Sugar Factory and is registered under the provisions of the Cooperative Societies Act. It advertised the post of Medical Officer in September, 1976. The petitioner applied for the said post and was selected. He was appointed as Part-time Medical Officer on a consolidated salary for performing duties atleast 3 hours per day. The petitioner joined his duties on 1st March, 1997. His services were alleged to have been terminated vide order dated 23rd/24th May, 1983 without any notice or opportunity. Aggrieved by his termination of services, he raised an industrial dispute. On conciliation proceedings having failed, a dispute regarding termination of the services of the petitioner was referred by the S...
Track Parts of India Mazdoor Sabha Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-22-2004
Reported in: 2005(1)AWC16; 2005(1)ESC21
Ashok Bhushan, J.1. This is an application filed by the petitioner praying for setting aside the report of Stamp Reporter dated 5th October, 2004 and the order of the Taxing Officer dated 12th October, 2004, upholding the deficiency in the stamp amounting to Rs. 16,065/-.2. Heard Sri K.P. Agarwal, learned senior advocate appearing for the petitioner, Sri S.M.A. Kazmi, learned chief standing counsel appearing for the State and Sri K.R. Sirohi, learned counsel appearing for respondent No. 4.3. The writ petition has been filed by Track Parts of India Mazdoor Sabha, which is a registered trade union under the Trade Union Act, 1926, praying for a mandamus commanding respondent No. 3 to pay the workmen the money that they had claimed in their applications filed under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 which was rejected by the Deputy Labour Commissioner vide order dated 23rd September, 2003. It has further been prayed that a writ be issued for quashing the...
The Commissioner of Income-tax Vs. Indian National Tannery Pvt. Ltd.
Court: Allahabad
Decided on: Nov-22-2004
Reported in: [2005]278ITR213(All)
R.K. Agrawal, J.1. The income Tax Appellate Tribunal Allahabad 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 Income-tax Appellate Tribunal Was correct in law in Holding that the revaluation of the material and tanning charges on the 17408 hides of the closing stock is to be made after giving a set of of a similar revaluation of the 17238 hides as appearing the opening stock and, accordingly, in effect, revaluing only 170 hides ( 17408-17238) in process?'2. Briefly stated the facts giving rise to the present Reference are as follows:-The present reference relates to the Assessment Year 1982-83. The respondent is a Private Limited Company and deals in tanning of raw hides. It use to purchase raw hides, process them and then sell them, after converting it into leather. Its accounting year ends on 30th September of each y...
Committee of Management, Sri Lal Bahadur Shastri Junior High School an ...
Court: Allahabad
Decided on: Nov-22-2004
Reported in: 2005(1)ESC774
Arun Tandon, J.1. Heard Sri Indra Raj Singh on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1, 2 and 3, Sri L.K. Dwivedi on behalf of respondent No. 4,2. Sri Lal Bahadur Shastri Junior High School, Milkipur, P.O. Mutkallipur, District Azamgarh is a society duly registered under the Societies Registration Act. The said society has established an Intermediate College in the name and style of Sri Lal Bahadur Shastri Intermediate College, Milkipur, P.O. Mutkallipur, District Azamgarh.3. Last elections of the office bearers of the society are said to have taken place on 10th January, 1998. In the said elections one Sri Jagat Pal was elected as Manager and petitioner No. 2 namely Daya Ram Singh claims to have been elected as Deputy Manager. Sri Jagat Pal Singh expired on 3rd February, 1998 and according to petitioner in the resultant vacancy he was elected as Manager for the remaining term on 18th February, 1998. The respondent No. 4, on the contrary, set u...
The Commissioner of Income Tax Vs. Shri Praveen Kapoor
Court: Allahabad
Decided on: Nov-22-2004
Reported in: (2005)197CTR(All)63; [2005]278ITR71(All)
R.K. Agrawal, J.1. The Income Tax Appellate Tribunal, Allahabad has referred the following two questions of law under Section 256(1) of the Income Tax Act, 1961, hereinafter referred to as the Act, for opinion to this Court.'1. Whether, on the facts and I circumstances of the case, the In come-tax Appellate Tribunal was correct in law in holding that the interest Under Section 214(1) is payable to the assessee on the excess amount paid during the financial year on the date subsequent to the date fixed under Section 211 of the I.T. Act for payment of such instalment.'2. Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the interest under Section 214(2) is payable to the assessee, from the date of regular assessment to the date of making refund, on the amount refundable as a result of excess amount paid only as a result of proceedings under Section 155 of the Income-tax Act, subsequent to the regular assessment?'3. B...
Committee of Management Sri Lal Bahadur Shastri Junior High School and ...
Court: Allahabad
Decided on: Nov-22-2004
Reported in: 2005(2)AWC1580
Arun Tandon, J.1. Heard Sri Indra Raj Singh on behalf of the petitioner, learned standing counsel on behalf of respondent Nos. 1, 2 and 3 Sri L.K. Dwivedi on behalf of respondent No. 4.2. Sri Lal Bahadur Shastri Junior High School, Milkipur, P.O. Mutkallipur, District Azamgarh is a society duly registered under the Societies Registration Act. The said society has established an Intermediate College in the name and style of Sri Lal Bahadur Shastri Intermediate College, Milkipur, P.O. Mutkallipur, District Azamgarh.3. Last elections of the office bearers of the society are said to have taken place on 10th January, 1998. In the said elections one Sri Jagat Pal was elected as Manager and petitioner No. 2 namely Daya Ram Singh claims to have been elected as Deputy Manager. Sri Jagat Pal Singh expired on 3rd February, 1998 and according to petitioner in the resultant vacancy he was elected as Manager for the remaining term on 18th February, 1998. The respondent No. 4, on the contrary, set up...
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