Allahabad Court August 2004 Judgments
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State of U.P. Vs. Ram Lal and anr.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: (2004)3UPLBEC2952
V.K. Shukla, J.1. State of UP. has approached this Court for quashing of the award dated 14.12.1999, by means of which, Presiding Officer, Labour Court, Gorakhpur, has directed reinstatement of respondent workman with back wages.2. Brief background of the case as reflected on the writ petition is that Ram Lai son of Buddhu was engaged on daily wage basis in Social Forestry Scheme, proposal in respect of which was accepted by the State Government and fund had been allotted. It has been stated that as per said scheme land of Gaon Sabha is obtained, open which plantation is carried out by petitioners, and such scheme continues for about three years and at the moment, trees are matured, the land in question is given back to Gaon Sabha, and the scheme in question comes to an end. One such scheme had been sanctioned at Kaptanganj Nursery situated in Harraiaya Range. It has been stated that after development of said Range, Basti, land in question was given back to block concerned, and thereaf...
State Urban Development Agency (Suda) Vs. Dinesh Chandra Saxena and or ...
Court: Allahabad
Decided on: Aug-17-2004
Reported in: [2005(105)FLR1204]; (2005)IILLJ49All; (2004)3UPLBEC2963
M. Katju, J.1. Heard learned Counsel for the parties.2. This special appeal has been filed against the impugned interim order of the learned Single Judge dated 16.7.2004 in Writ Petition No. 26317 of 2004.3. It appears that the respondents were employees of the U.P. State Handloom Corporation and they had been sent on deputation to the State Urban Development Agency They were retrenched from their parent department, that is U.P. State Handloom Corporation. As a consequence, their services were also terminated in the State Urban Development Agency where they had been sent on deputation.4. By the impugned interim order the order dated 21.5.2004 passed by the State Urban Development Agency terminating the services on deputation of these employees have been stayed and the learned Single Judge has further directed the authorities to allow the petitioners to continue in service in State Urban Development Agency and District Urban Development Agency.5. After hearing learned Counsel for the pa...
Shoeb Alam and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: 2005(2)AWC1178
S.N. Srivastava, J. 1. Impugned herein is the order dated 28.5.1993 passed by Deputy Director Consolidation by which compromise order dated 17.2.1975 in case No. 1129 under Section 9 of the U. P. Consolidation of Holdings Act passed by Asstt. Consolidation Officer was set aside and plot Nos. 5622 and 5393 was directed to be recorded as Gaon Sabha property while relegating the matter to the Consolidation Officer for disposal afresh.2. Heard learned counsel for the parties and perused the record. I have also been taken through the impugned order.3. The learned counsel for the petitioner assailed the impugned order on the ground that it was passed ex parte and the finding that the compromise was a forged one and both father of the petitioners and then Pradhan of the village made a collusive combination cannot be sustained. The learned counsel for the petitioner canvassed that earlier there was limitation operating in relating to right to claim property but subsequently, amendment was made...
State of U.P. Vs. Iftekhar and ors.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: 2005CriLJ1976
ORDER1. Heard learned AGA. We have also gone through the judgment and order.2. The trial Court had decided the case in a very cursory mariner even if it is a case of suicide within seven years of the marriage the burden always rests upon the Accused to explain the cause behind such suicide. The accused has come out in trial with the defence that she was suffering from abdominal ailment for which she was also subjected to operation process but in no way the problem was remedied. As a consequence she lodged herself in a room bolted from inside and committed suicide. There is evidence on record that the latch of the room was opened by another woman, wife of father-in-law by putting her hand from outside. If the latch could be removed from outside by placing hand then certainly it could also be bolted from outside. This was the aspect which has to be given due consideration by the trial Court but it some how or the other skipped his attention. The trial has been taken on fast pace. The acc...
MoinuddIn Alias Phakkar and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: 2005CriLJ3044
K.K. Misra, J.1. This Criminal Appeal arises out of the judgment and order dated 10-2-1981, passed by Shri D.N. Sharma, the then IIIrd Additional District and Session Judge, Varanasi in Sessions Trial No. 22 of 1980 State v. Moinuddin alias Phakkar, convicting the appellants Moinuddin alias Phakkar and Qamruddin under and sentencing them to undergo Imprisonment for life.2. Briefly stated, the facts of the case as narrated in the FIR are that the deceased Wahiduddin, on 24-9-1979 at 7-30 p.m. after taking his dinner, went out from the house. He did not return till 10.00 p.m. His father Hazi Walid Haq P.W. 1 started searching him. But he could not find his son Wahiduddin. He thought that he might have gone to see the circus and would come back at about 1 o'clock in the night. With this impression, he slept. In the morning, when he awoke, he found that the deceased Wahiduddin had not returned. Then he started searching for his son. The children of the Mohalla told him that his son was lyi...
Pappu Singh and anr. Vs. Ravindra Nath Dubey and anr.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: 2005(2)AWC1889
Prakash Krishna, J.1. This appeal is against the judgment and order of Motor Accident Claims Tribunal, Fatehpur, dated 16th August, 1991, passed in M.A.C.P. No. 19 of 1989.2. Respondent No. 1 filed a claim petition against the present appellants and Insurance Company, namely, Oriental Insurance Company Limited claiming a sum of Rs. two lacs as compensation in an accident caused by tractor No. UPW 4804 on 28th August, 1988 at about 8 p.m. near Mission Hospital, Fatehpur. The Tribunal by its impugned order has awarded a sum of Rs. 45,000 as compensation along with the interest at the rate of 12% per annum from the date of the petition till the date of payment. The said award has been passed against the present appellants only. It was dismissed against the Insurance Company, opposite party No. 3 in the claim petition. The present appeal is at the instance of the owner of the vehicle and it is alleged driver, driving the vehicle on the fateful day when the accident took place.3. The challe...
Commissioner of Income-tax Vs. Vincast Engineering
Court: Allahabad
Decided on: Aug-17-2004
Reported in: [2006]280ITR385(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following 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 legally justified in setting aside the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that since the event of retrospective amendment made in Section 80J had occurred after the framing of the assessment on February 13, 1980, the Commissioner of Income-tax could not validly assume jurisdiction under Section 263 of the Act 2. Briefly stated the facts giving rise to the present reference are as follows : The assessee is a firm and the assessment year is 1977-78, the relevant previous year ending on March 31, 1977. The original assessment was completed on February 13, 198...
Cit Vs. Saree Sansar
Court: Allahabad
Decided on: Aug-17-2004
Reported in: [2005]142TAXMAN403(All)
The Income Tax Appellate Tribunal 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 of this court.'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in directing the Income Tax Officer to grant registration to the assessee firm for the period falling after 7-4-1978 2. Briefly stated, the facts giving rise to the present reference are as follows :-The partnership firm with the name of Saree Sansar (Modern) was constituted by two partners namely Shri Rajesh Chandra Gupta and Shri Sanjay Kumar Gupta by a partnership deed which was executed on 7-4-1978. The partnership deed, however, provided that the firm will be deemed to have come into force with effect from 21-10-1977. The profits and losses of the firm were to be divided in proportion of 60% and 40%. The Income Tax Officer found that Shri Sanjay Kumar Gupta was minor on 21-10-1977 and on that date he ...
Cit Vs. Vincast Engg.
Court: Allahabad
Decided on: Aug-17-2004
Reported in: [2004]141TAXMAN545(All)
ORDER1. The Income Tax Appellate Tribunal, Allahabad has referred the following questions of law under section 256(1) of the Income Tax Act, 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 legally justified in setting aside the order of the Commissioner passed under section 263 of the Income Tax Act.2. Whether on the facts and in the circumstances of the case the Tribunal was correct in holding that since the event of retrospective amendment made in the section 80J had occurred after the framing of the assessment on 13-2-1980, the Commissioner could not validly assume jurisdiction under section 263 of the Act2. Briefly stated the facts giving rise to the present Reference are as follows :The assessee is a firm and the assessment year is 1977-78, the relevant previous year ending on 31-3-1977. The original assessment was completed on 13-2-1980 on net loss of Rs. 1,16,473. The Commissioner, Luck...
indra Prastha Chemicals (P) Ltd. and ors. Vs. Commissioner of Income T ...
Court: Allahabad
Decided on: Aug-16-2004
Reported in: (2004)191CTR(All)125; [2004]271ITR113(All)
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners seek a writ, order or direction in the nature of certiorari calling for record of assessment of M/s Indra Prastha Chemicals (P) Ltd., petitioner No. 1, for the asst. yrs. 1993-94 and 1994-95 and quashing the entire proceedings including the notices under Section 148 of the IT Act, 1961, hereinafter referred to as the Act, and other consequential reliefs.2. Briefly stated, the facts giving rise to the present petition are as follows :The petitioner No. 1 is a private limited, company incorporated under the provisions of the Companies Act, 1956. It was incorporated in the year 1989. Its registered office is situate at Isha Nagli, Mawana Road, Meerut. The petitioner No. 1 had established its factory for the manufacture of ethyl acetate, a chemical used in the manufacture of paints, etc. during financial year 1993-94. It commenced production on 16th Jan., 1995. The...
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