Allahabad Court May 2004 Judgments
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Girdhari Lal (Decd.) (Through Legal Heirs) Vs. Commissioner of Income- ...
Court: Allahabad
Decided on: May-17-2004
Reported in: (2005)193CTR(All)656; [2004]269ITR50(All)
1. These six connected income-tax appeals have been filed under Section 260A of the Income-tax Act, 1961, by which the appellant has challenged the judgment, dated February 27, 2004 of the Income-tax Appellate Tribunal, New Delhi. All these appeals have been decided by the impugned common judgment. Since they involve identical questions of law hence they are being decided by this common judgment.2. We have heard Shri R.R. Agrawal, learned counsel for the appellant, and learned counsel for the Department.3. The facts of the case are that on March 14, 1970, the agricultural land of Gayasen was compulsorily acquired under the U. P. Awas and Vikas Farishad Adhiniyam by the Meerut Unit of the U. P. Awas Evam Vikas Parishad. Gayasen died in the year 1977 intestate. After his death his assets devolved upon his sons, Giridhari Lal and Ramji Lal. No partition between Gayasen and his sons was done during the lifetime of Gayasen. On July 23, 1983, possession of the acquired land was taken over by...
U.P. Power Corporation Ltd. and ors. Vs. Mohd. Yunus Khan
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004(3)AWC2789; (2004)2UPLBEC1959
M. Katju, J.1. This special appeal has been filed against the judgment of the learned Single Judge dated 23. 3.2004.2. We have heard Sri S.K. Mishra learned Counsel for the appellant and Sri S.N. Yadav learned Counsel for the respondents.3. The petitioner was appointed on the post of Patrolman in the regular cadre w.e.f. 1.7.1968 and he was subsequently promoted as Linesman in the Electricity Distribution Division, Govindnagar, Kanpur.4. It is alleged that in April, 1998 when he approached his office at Basti he came to know that his date of birth has been wrongly entered in his service book. Hence he moved an application dated 30.4.88 to the Executive Engineer stating that his date of birth was 1.7.1948 as per the School Leaving Certificate and had wrongly been entered as 27.2.1934 when he entered service. It is alleged that the respondent filed an application on 2.9.89 for correction of his date of birth which was ultimately rejected by the impugned order dated 7.4.92 Annexure-6 to t...
Somaru Prasad Vs. Branch Manager, Allahabad Bank
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004(3)AWC2624
Krishna Murari, J.1. By means of the present writ petition, the petitioner has challenged the recovery notice dated 14th August, 2003, issued by the respondent-bank for recovery of outstanding amount of Rs. 97,360.2. The facts in brief are that the petitioner was granted loan of Rs. 93,000 by the respondent-bank on 3.11.1997 under Educational Employment Scheme for opening of a cloth shop. The loan was payable in instalments within five years. The petitioner initially deposited the instalments but later on he failed to do so. As a consequence, the bank issued the impugned notice dated 14.8.2003, requiring the petitioner to deposit the outstanding amount by 30,8.2003.3. We have heard Sri Santosh Kumar, learned counsel for the petitioner and Sri Tarun Verma, learned counsel for the respondent-bank.4. Sri Tarun Verma has pointed out that the petitioner had filed Writ Petition No. 37616 of 2003 challenging similar recovery notice which was dismissed by this Court on 28.8.2003. The petitione...
Chaman and ors. Vs. Ist Additional Civil Judge and ors.
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004(3)AWC2801
Arun Tandon, J.1. Heard Sri Ajay Kumar Singh, learned counsel for the petitioner, Sri Piyush Shukla, learned standing counsel for the respondent Nos. 1 and 2 and Sri A.C. Tripathi, learned counsel for the respondent Nos. 3 and 4.2. This writ petition is directed against the order dated 13th August, 1984 in Case No. 218 of 1973, Baya v. Kanhaiya, passed by the IXth Additional Munsif, Varanasi, as also against the order dated 24th January, 1985, passed by the 1st Additional Civil Judge, Varanasi in Misc. Appeal No. 381 of 1984, Lakhan and Ors. v. Baya. and Ors., whereby the learned Additional Civil Judge has dismissed the said appeal and upheld the order dated 13th August, 1984 passed by the learned Additional Munsif.3. Original Suit No. 218 of 1973 was filed by respondent No. 3, namely, Baya for partition of one third share in respect of the house being property No. D-62-1, situate in Mohalla Sonia City, Varanasi, The said suit was decreed ex parte under the judgment and order dated 6th...
Kaliyan Singh Vs. State of U.P.
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004CriLJ4262
G.K. Gupta, J.1. Through this appeal, the appellant, who is in jail, challenges the judgment and order dated 2-7-1998 passed by VIII Additional Sessions Judge, Sitapur in Sessions Trial No. 716 of 1993 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default, to undergo three months S.I., for the offence punishable under Section 364, IPC.2. In brief, the prosecution case runs as under :--Murder of Aanand Singh, who was the brother of the complainant Muneem Singh, was committed about six years back. In that case Sanjeev Singh S/o Bachnu Singh was convicted and sentenced to life imprisonment. Due to this Bachnu Singh was nursing ill will against the complainant and his family. However, Bachnu Singh shifted from village Katighara to village Chanda Gaon in district Lakhimpur Kheri but he had his landed property in village Katighara.The appellant Kaliyan Singh is a relative of Bachnu Singh. Acquitted accused Rajendra Singh is r...
Salim Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004(4)AWC3532
ORDERI.M. Quddusi, J.1. Heard learned counsel for the petitioner and the learned standing counsel.2. By means of this writ petition, the petitioner has prayed for quashing of the impugned order dated 24.1.2000, passed by opposite party No. 3, i.e., the Principal, Government Industrial Training Institute, by which the services of the petitioner were terminated under Rule 8 of the U. P. Regularisation of Daily Wages Appointment on Group 'C Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998.3. The brief facts of the case are that the petitioner was appointed as Instructor, Mechanical Draftsman in the Government Industrial Training Institute, Sewaar, district Rampur w.e.f. 12.12.1990 and he continued as such with some breaks till the date of coming into force of the U. P. Regularisation of Daily Wages Appointment on Group 'C Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998 (hereinafter referred to as 'the Regularisat...
Lala Chhedi Lal Trust and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-17-2004
Reported in: 2004(4)AWC3578
Krishna Murari, J.1. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 11.1.1996 passed ,by the District Magistrate, Kanpur Nagar requisitioning the property plot No. 22 block No. 96 Chunniganj, Kanpur Nagar and the construction standing thereon known as Bari Kothi (hereinafter referred to as the property in dispute) under the U. P. Accommodation (Temporary) Requisition Act, 1947 as amended by U. P. Act No. 38 of 1972 (hereinafter referred to as 'the Act').2. We have heard Sri R. K. Jain, learned senior Advocate assisted by Sri Rahul Jain appearing for the petitioner and the learned standing counsel appearing for the respondents.3. The facts giving rise to the present dispute are that the property in dispute is owned by Lala Chhedi Lal Trust and was being used as Dharamshala. On 29.1.1996 the Additional District Magistrate, (City), Kanpur Nagar and the City Magistrate, Kanpur Nagar took forcible possession of t...
Commissioner of Sales Tax Vs. Behari Lal Raghubir Saran Katra Naj
Court: Allahabad
Decided on: May-17-2004
Reported in: (2008)11VST39(All)
Prakash Krishna, J.1. The present revision is directed against the order dated January 5, 1991 passed by the Sales Tax Tribunal, Moradabad, on Misc. Application No. 21 of 1992 for the assessment year 1977-78 in Second Appeal No. 209 of 1983 decided on October 16, 1989.2. The present revision arises out of application filed under Section 22 of the U.P. Sales Tax Act, 1948 before the Tribunal on behalf of the department in Second Appeal No. 209 of 1983.3. The facts relevant for disposal of the present revision lies in narrow compass. The respondent is a registered dealer and was engaged in the business of purchase and sale of vegetable ghee, oil, etc. After rejection of books of account the assessment order was framed on March 22, 1980. The said order was set aside by the first appellate authority by order dated July 9, 1980 and the case was remanded to the assessing authority for fresh assessment with certain directions. The Sales Tax Officer framed fresh assessment order by order dated...
Devendra Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(3)AWC1891
M. Katju, J.1. Heard Learned counsel for the parties.2. The appellants in these appeals are graduates with B.Ed./L.T. training qualifications. They are seeking admission to Special B.T.C. Course 2004, vide Government order dated 14.1.2004 as amended on 20,2.2004. They have challenged the judgment of the learned single Judge dated 5.3.2004, on the ground that they should be given preference in admission to the Special Basic Teachers' Certificate Course as they had appeared for selections in Special B.T.C. Course 2001, and that the appointments should be made on the basis of yearwise training course passed by the candidates, and that the candidates who have passed the required training course earlier be placed above those who have passed the training course later.3. The brief facts giving rise to the writ petitions before the learned single Judge were that there are a large number of vacancies of Assistant Teachers in the Basic Schools run by the U.P. Basic Education Board in the State. ...
Ex. Lieutenant Col. Jai Prakash Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-14-2004
Reported in: 2004(3)AWC2350
ORDERM. Katju, J.1. This writ petition has been filed against the impugned orders dated 11.10.1999, 25.3.2004, 4.2.2003 and 19.3.2001 Annexures-1, 2, 5 and 8 to the writ petition.2. We have heard the learned counsel for the parties.3. The petitioner entered in the service of the army and was commissioned in 1971 as a Lieutenant. He retired on 30.4.2001. While he was holding the post of Lieutenant Colonel there were certain allegations against him and a general court martial was held on several charges and he was found guilty on charges Nos. 8, 9 10, 12, 14 and 16. He was awarded the punishment of forfeiture of four years past service for the purpose of pension and was also severely reprimanded vide Annexure-1 to the writ petition. The petitioner filed an appeal vide Annexure-4 to the writ petition which was rejected on 4.2.2003 vide Annexure-5 to the writ petition.4. A perusal of the order dated 4.2.2003 Annexure-5 to the writ petition shows that the Central Government has confirmed th...
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