Allahabad Court April 2004 Judgments
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In Re: Srishti Video Corpn. Ltd.
Court: Allahabad
Decided on: Apr-30-2004
Reported in: [2005]63SCL171(All)
ORDERTarun Agarwala, J.1. A number of petitions were filed for winding up of the company known as M/s. Srishti Video Corpn. Ltd. under Sections 433 and 434 of the Companies Act, 1956. This Court on 16-8-1999 passed an order for winding up of the company, pursuant to which the Official Liquidator took charge of the assets of the company. Subsequently, an application A-36 was filed by the company through its promoters and also by the new investors praying therein that the winding up order dated 16-8-1999 be recalled. In the application it, was alleged that the company had made certain arrangements with the unsecured creditors as well as with the secured creditors to pay all their debts in a phased manner. On the said application, notices were issued to the secured creditors inviting their objections. The secured creditors appeared before the Court and did not oppose the revival of the company and submitted that the proposal for the settlement and reschedulement of the dues of the company...
Commissioner of Sales Tax Vs. Bahjoi Allied Industries
Court: Allahabad
Decided on: Apr-30-2004
Reported in: [2005]142STC486(All)
Prakash Krishna, J.1. This revision is at the instance of the Commissioner of Sales Tax under Section 11(1) of the U.P. Sales Tax Act, 1948. In the memo of revision following two questions of law have been raised :'Whether the Sales Tax Tribunal was legally justified : (1) To accept the account books of the dealer despite the fact that many discrepancies were detected during assessment proceedings and at the time of survey dated September 2, 1983 ?(2) To hold that dalia is taxable at the rate of 4 per cent as foodgrains despite the fact that dalia is entirely a different commodity 2. Heard learned Counsel for the parties and perused the record.3. During the course of argument learned Standing Counsel confined to the arguments to the question No. 2 only and did not seriously press question No. 1, it being question of fact.4. Therefore the only question left for decision is whether 'dalia' is taxable at the rate of 4 per cent as foodgrains or it is entirely a different commodity. The dis...
Commissioner of Trade Tax Vs. Manisha Export
Court: Allahabad
Decided on: Apr-30-2004
Reported in: (2008)11VST918(All)
Prakash Krishna, J.1. The only question involved in the present revision at the instance of Commissioner of Sales Tax under Section 11 of the Uttar Pradesh Trade Tax Act, 1948, is about the liability of the dealer-opposite party to pay interest on the turnover of Rs. 1,54,790 alleged to have been made in the course of export to other country. The controversy lies in a narrow compass. The dealer-opposite party carries on the business of manufacture and sale of nut, bolt, etc. For the assessment year 1988-89 (Central) it failed to prove sale, that sale amounting to Rs. 1,54,790 was made in the course of export and it was treated by the authorities below as Central sales. The assessing authority accepted the books of account of the dealer-opposite party, but found that the sale of Rs. 1,54,790 was not made in the course of export sale in absence of any export order. The shipping bill produced by the dealer-opposite party did not tally with the aforesaid turnover either in weight or in val...
Commissioner of Trade Tax Vs. Rajesh Spices Company
Court: Allahabad
Decided on: Apr-30-2004
Reported in: (2008)11VST303(All)
ORDERPrakash Krishna, J.1. These revisions are at the instance of Commissioner of Trade Tax in respect of the same assessee involving similar question of law and fact for the assessment year's 1986-87 and 1987-88. The opposite party deals in kirana spices, oil-seed and dry fruits, etc. In the assessment year 1986-87 the dealer-opposite party claimed exemption from payment of tax on the sale of spices and haldi of Rs. 2,90,079.50 on the basis of export to Nepal. Similarly it claimed exemption from payment of tax for the subsequent assessment year on sale of haldi worth Rs. 2,24,579 on the basis of export to Nepal. The assessing authority accepted the books of account of the dealer but rejected the claim of exemption in respect of the aforesaid turnover. However, the first appellate authority and the Tribunal allowed the claim of the dealer-opposite party. Challenging the orders of the Tribunal present revisions have been filed by the Commissioner of Trade Tax under Section 11 of the U.P...
Commissioner of Trade Tax Vs. Gita Traders
Court: Allahabad
Decided on: Apr-30-2004
Reported in: (2008)11VST135(All)
ORDERPrakash Krishna, J.1. This revision is at the instance of Commissioner of Sales Tax and in the memo of revision following question of law involved in the revision has been mentioned:Whether on the facts and in the circumstances of the case the Tribunal is legally justified to knock off the tax on Cotton coated fabrics cell?2. Heard learned Counsel for the parties and perused the record.The dispute relates to the assessment year 1986-87. The opposite party carried on the business of purchase and sale of cotton coated cloth and plastic film sheets, etc. The assessing authority vide its order dated March 30, 1990 rejected the contention of the dealer that cotton coated fabrics is not taxable on the ground that it contained less than 40 per cent of cotton. The assessing authority granted exemption on the same commodity, which were not imported against form XXXI. However, it taxed the commodity in question, which were imported against form XXXI treating it to be taxable commodity. In a...
Nutan Kumar and ors. Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: Apr-29-2004
Reported in: 2004(3)AWC2459
Tarun Agarwala, J.1. The petitioners are the landlord and had filed a suit for arrears of rent and for the ejectment of respondent No. 3, who was a tenant in the premises in dispute. The Judge Small Cause Court after determining the points in issue, recorded a finding that the tenant was in arrears of rent and that he had committed a default and further held that the notice issued under Section 106 of the Transfer of Property Act, was a valid notice determining the tenancy. The Judge Small Cause Court, however, dismissed the suit on the ground that the landlord had entered into a contract of tenancy with the tenant and this contract of tenancy was void and was in violation of the provisions of U. P. Act No. 13 of 1972.2. Aggrieved by the decision of the Judge Small Cause Court, the petitioners filed a revision before the District Judge, which was also dismissed on the same point. The revisional Court, however, affirmed the finding with regard to the validity of the notice and also with...
Girja Prasad Vs. Smt. Triveni Devi (D.) Through L.R.
Court: Allahabad
Decided on: Apr-29-2004
Reported in: 2004(3)AWC2516
Prakash Krishna, J.1. This is defendant's second appeal. It arises out of Original Suit No. 171 of 1974 filed by Smt. Triveni Devi, for declaration and cancellation of a gift deed dated 15.12.1962, executed by her in favour of the present defendant appellant, who is the nephew of her husband.2. The suit was instituted on the allegations that the plaintiff is the exclusive owner and in possession of two house Nos. 1711 and 1722 situate in Mohalla Anta Para. She has been residing over a portion of the house and the rest is in possession of the tenants. She is an illiterate, old and pardanasheen lady and is not aware about the legal formalities. The defendant-appellant used to visit the plaintiff off and on and served her about 10 years ago when she was ill. The defendant provided medicine etc. After gaining her confidence he one day suggested that to save her property and to exclude the other brothers of the defendant who would be otherwise legal heirs after the death of the plaintiff ex...
Om NaraIn Pandey and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-29-2004
Reported in: 2004(3)AWC2821
M.C. Jain, J.1. Petitioners Om Narain Pandey and Atul Pandey are father and son. The petition has been filed by them for a direction commanding the respondents to produce them before the Court and to set them free.2. The brief facts, shorn of superficialities, are that in between the night of 9/10.2.2004 at about 3 a.m., respondent Pankaj Mishra, Station Officer of Police Station Bara, district Allahabad along with five police constables forcibly entered their house, breaking open the door and took them away, giving a thrashing to them as also to the deponent Indrakali Devi (wife of petitioner No. 1 Om Narain Pandey) and her two daughters-in-law. Since then the petitioners are allegedly in illegal detention of Pankaj Mishra, Station Officer and five other constables at Police Station Bara, district Allahabad. They were neither provided food nor medically examined by any doctor till the filing of the writ petition on 17.2.2004. They were also not produced before any Magistrate for takin...
Raju Alias Mama Alias Ram Gopal Vs. State of U.P.
Court: Allahabad
Decided on: Apr-29-2004
Reported in: 2004CriLJ4266
K.N. Ojha, J.1. Instant appeal has been preferred against the order of conviction and sentence dated 12-1-1995 passed by learned V Additional Sessions Judge, Kanpur Dehat, in S.T. 18 of 1994 by which the appellant has been convicted with 10 years imprisonment and fine of Rs. 1 lac under Section 18/20 Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the Act) and in case of default for payment of fine one year's additional sentence.2. The case was passed over many times on the request of the learned counsel for the appellant. Non bailable warrant was issued against the appellant but could not be executed. The appellant is absconding. Since non appeared for the appellant, hence argument of learned AGA was heard, record was perused and judgment is being delivered on merit.3. According to prosecution Ashwini Kumar Sinha, Station Officer, police station Gajner, district Kanpur Dehat, constable Ajay Kumar and constable Sukhram were busy in examination duty on 7-4-1994...
Shail Kumari and ors. Vs. Hari Raj Kishore, Secretary, Education Basic ...
Court: Allahabad
Decided on: Apr-28-2004
Reported in: 2004(3)AWC2444; 2004CriLJ3936; [2005(1)JCR79(All)]; (2004)3UPLBEC2395
Rajes Kumar, J.1. Present petition has been filed with allegation that the opposite parties have violated the following direction given by this Court vide order dated 6.2.2002 in Company Misc. Application No. 4 of 1997 :'(3) In the matter of payment of salaries to the teaching and non-teaching staff of primary schools : It is reported that there are seven primary schools which were run by the company (in liquidation) out of these, three primary schools are at Churk Cement Factory, one at Gurma and three at Dela Cement Factory and that there are in all about 62 teaching and non-teaching staff in these schools. These teachers, employees have not been paid their salary from 13.7.1998.U. P. State Cement Corporation Ltd. (In liq.) was wholly owned and controlled by the State Government and that the company was a Government Company under Section 617 of the Companies Act, 1956, which was wholly owned and controlled by the State Government, and was thus a instrumentality of the State. The U. P...
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