Allahabad Court August 2004 Judgments
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Dr. Rakesh Kakkar Vs. Dr. Subodh Mohan and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2004(4)AWC3276
Anjani Kumar, J.1. These two writ petitions arising out of similar set of facts raises common questions of law, therefore, were heard and decided together by this common order.2. The petitioners-defendants filed these writ petitions against the judgment and order passed by the revisional coourt whereby the revislonal court has dismissed the revision filed by the petitioners- defendants against the decree passed by the Judge, Small Causes Court. The facts leading to filing of this writ petition are as under.3. Dr. Subodh Mohan, arrayed as respondent No. I in these two writ petitions filed S.C.C. Suit bearing No. 1 of 2002 against Rakesh Kakkar and S.C. C. Suit No. 2 of 2002 against Kunwar Baldeo for ejectment of the tenants-petitioners in the writ petition who were arrayed as defendants in these two suits with the allegation that respondent No. 1 in this writ petition is the owner and landlord of the accommodation in dispute by virtue of a decree passed by Civil Judge Senior Division, B...
Chandrashekhar Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2004(4)AWC3649
Arun Tandon, J.1. Heard Sri A. P. Tiwari on behalf of the petitioner, Sri R. K. Ojha on behalf of respondent No. 4 and the standing counsel on behalf of respondent Nos. 1, 2 and 3.2. Sri Chandrashekhar Pandey, the outgoing President of the Committee of Management of Pandit Deen Dayal Shiksha Samiti, Pipraich, Gorakhpur, has filed this writ petition against the decision of the Regional Level Committee taken in its meeting held on 2.5.2003, contained in Annexure-13 to the writ petition, as also against the consequential action taken in pursuance thereof by the District Inspector of Schools dated 29.5.2003, contained in Annexure- 14, whereby the signature of Sri Hari Lal Ram Rayaka has been attested as Manager of the Committee of Management of the said institution.3. It is not in dispute that the last elections of the Committee of Management had taken place in the year 1999. In the said elections the petitioner Chandrashekhar Pandey was elected as President while Sri Hari Lal Ram Rayaka w...
Sarvesh Kumar Sharma Vs. Station Director and Appellate Authority, Nuc ...
Court: Allahabad
Decided on: Aug-11-2004
Reported in: (2004)3UPLBEC3039
S.K. Singh, J.1. By means of this writ petition, petitioner has challenged the order of his dismissal from service dated 20.9.2000 as passed by the respondent No. 2, (Annexure-9 to the writ petition) and the order of Appellate Authority/ respondent No. 1, dated 5.1.2001 (Annexure-11 to the writ petition) by which petitioner's appeal was dismissed and the penalty of dismissal from service was confirmed.2. Sri Manish Goel, learned Counsel in support of the writ petition and Sri V.K.S. Chaudhary, learned Senior Advocate assisted by Sri C.S. Singh, learned Advocate in opposition thereof have been heard. Parties Counsel have advanced their arguments at quite length and they have taken the Court about the demerit/merit in the enquiry proceedings and thereafter the scope of enquiry by this Court under Article 226 of the Constitution of India to interfere in the enquiry proceedings and the result based thereupon. In view of the aforesaid this Court is to consider and decide that whether on the...
Oriental Insurance Co. Vs. Smt. Champa Devi and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: I(2005)ACC74; 2005ACJ1439; 2005(1)AWC548
ORDERPrakash Krishna, J.1. This appeal is at the instance of Insurance Company against the judgment and order dated 3rd December, 1990, passed by the Motor Accident Claims Tribunal, Azamgarh in Claim Petition No. 61 of 1988. The Motor Accident Claims Tribunal has awarded a sum of Rs. 1,17,600.00 as compensation out of this amount the liability of the present appellant to pay a sum of Rs. 15,000 was determined by the Claims Tribunal. Challenging this part of the order, the present appeal has been filed.2. One Brij Hari Prasad boarded vehicle No. UGM 7911 on 18th April, 1988. The driver of the said vehicle collided with a tree, on account of which Brij Hari Prasad received severe injuries and was admitted in District Hospital, Azamgarh. Thereafter on the medical advice of doctors of District Hospital, Azamgarh, his brother took Shri Brij Hari Prasad for medical treatment to Gorakhpur, but unfortunately Sri Brij Hari Prasad died on the way before ten kilo meters from Gorakhpur. A claim pe...
Commissioner of Income-tax Vs. Smt. Urmila Devi
Court: Allahabad
Decided on: Aug-11-2004
Reported in: (2005)195CTR(All)383; [2005]273ITR503(All)
1. The Income-tax Appellate Tribunal, Delhi, has referred the following question of law under Section 27(1) of the Wealth-tax Act, 1957, hereinafter referred to as 'the Act' for the opinion to this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee would be entitled to deduction of Rs. 1,00,000 under Section 5(1)(iv) against the value of her share in M/s. Amarpali Cinema in which she was a partner ?'2. The respondent-assessee is a resident-individual. The assessment years involved are 1974-75, 1975-76 and 1976-77 with respective valuation dates being March 31, 1974, March 31, 1975 and May 31, 1976. At the assessment stage the assessee claimed exemption to the tune of Rs. 1,00,000 in respect of land and building belonging to the firm, M/s. Amarpali Cinema, Meerut, wherein the assessee was a partner having 20 per cent. share in the profits/losses. The exemption was claimed under Section 5(1)(iv) of the Act, but t...
Mohan Lal Bagla Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2005(1)AWC859
S.K. Singh, J.1. These are two connected writ petitions on the same cause of action challenging same impugned orders and therefore, both have been taken up together and are being decided accordingly. Writ Petition No. 4451 of 1986 is being made as leading case. Facts and details as given in both writ petitions are the same and therefore, they are being collectively mentioned.2. Challenge in both petitions is the auction sale dated 24.3.1979, sale certificate dated 19,2.1980 rejection of petitioner's objection under Rule 285(1) of U.P.Z.A and L. R. Rules (hereinafter referred to as the Rules) by the Commissioner by his order dated 15.12.1979 and dismissal of their revision by the Board of Revenue by order dated 21.11.1985. In support of Writ Petition No. 4450 of 1986, Sri B. D. Mandhyan, learned senior advocate appeared and in opposition, Sri V. B. Upadhyaya, learned senior advocate submitted his arguments. In Writ Petition No. 4451 of 1986, Sri Ravi Kiran Jain, learned senior advocate ...
Pyare Lal and ors. Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2005(1)AWC446
Krishna Murari, J.1. Heard learned counsel for the petitioners and learned standing counsel.2. The facts of the case in brief as stated in the writ petition are that respondent Nos. 5 and 6 and certain other persons were allotted land by the Gaon Sabha in 1964. The petitioner No. 1 and others initiated proceedings for cancellation of the said allotment which was dismissed by the Sub-Divisional Officer as barred by time. However, the Sub-Divisional Officer continued the proceedings suo motu. The proceedings went up to the Board of Revenue and were abated on 26.3.1970, due to consolidation operation in the village. In the consolidation proceedings petitioners again filed objection seeking cancellation of the allotment made in favour of respondent Nos. 5 and 6 and to expunge their name from the disputed plots. The Consolidation Officer vide order dated 31.12.1968 dismissed the objection. The petitioners filed an appeal which was dismissed by the Settlement Officer Consolidation on the gro...
Jagat NaraIn Jaiswal and anr. Vs. Tota Ram and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2005(1)AWC774
Prakash Krishna, J.1. It is a shocking case.2. It is unfortunate that although 30 years are going to expire shortly, but the decree holders/respondents have not been able to reap the fruits of the decree and to get the possession over the property in question. The present appeal arises out of proceedings under Order IX Rule 13, C.P.C. Two persons namely, Jagat Narain Jaiswal appellant No. 1 and Amrit Lal Gupta, appellant No. 2 who were impleaded as defendants in the suit being sub-tenants in the Court below filed two separate applications for setting aside the ex parte decree in the Court below. These miscellaneous applications have been decided by a common order dated 2nd of September, 2000.3. Tota Ram and others instituted Suit No. 175 of 1968 for possession and for recovery of arrears of rent and damages against the defendants. It was pleaded that the plaintiffs are owners and landlords of the premises No. 85/47, Cooperganj, Kanpur. The said premises was originally let out to Sri Ch...
Oriental Insurance Co. Ltd. Vs. Hari NaraIn Thathera and ors.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: 2005ACJ774; 2005(1)AWC784
Prakash Krishna, J.1. This is an appeal at the instance of Insurance Company who had insured a truck bearing registration No. DIG 3227. The appeal arises out of M.A.C.T. No. 389 of 2000 with respect to a claim petition filed under Sections 140, 165 and 166 of Motor Vehicles Act, 1988.2. The facts of case lie in a narrow compass. Virendra, a boy of 5 years on 5.10.1992 at about 10 a.m. received injuries from the aforesaid truck insured with the appellant due to rash and negligent driving of the vehicle. The boy expired while he was being taken to the Gorakhpur Sadar Hospital for treatment. His parents filed the claim petition claiming compensation of Rs. 90,000 on the allegation that the aforesaid truck while coming from East to West hit their minor son Virendra who ultimately expired on the same day.3. In the claim petition the Insurance Company appellant as well as the owner of the truck were impleaded as parties. The truck owner filed written statement denying the allegations of the ...
Deputy Commissioner of Income-tax Vs. Super Tannery (India) Ltd.
Court: Allahabad
Decided on: Aug-11-2004
Reported in: [2005]274ITR338(All)
1. For the assessment year 1986-87, in order to get duty draw-back of Rs. 25 lakhs released from the Central Government, the assessee had incurred expenses of Rs. 2,37,000 which was paid to the commission agent. The Assessing Officer had disallowed a sum of Rs. 1,23,130 out of the aforesaid amount on the ground that it is excessive payment. The Commissioner of Income-tax (Appeals), however, deleted the disallowance. The Tribunal upheld the order of the Commissioner of Income-tax (Appeals).2. We have heard Shri Shamboo Chopra, learned standing counsel appearing for the Revenue, and Shri S. K. Garg, appearing for the assessee. The court takes judicial notice of the fact that nowadays it is very difficult to get back lawful amount from the Government and other departments without incurring unavoidable expenses. Apart from it, a lot of harassment is also caused. As a prudent businessman, the assessee had engaged a commission agent and had incurred a sum of Rs. 2,37,000, which is approximat...
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