Allahabad Court August 2004 Judgments
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Committee of Management, Mahip NaraIn Shahi Janta Inter College, Throu ...
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2004(4)AWC3295; (2004)3UPLBEC2694
Arun Tandon, J.1. Heard Sri S. P. Pandey on behalf of the petitioner and Standing Counsel on behalf of Respondent Nos. 1 to 5. It is not necessary to issue notice to Respondent Nos. 6 and 7, in view of the order proposed to be passed by this Court.2. Committee of Management, Mahip Narain Shahi Janta Inter College, Mahavir Chhapara, District Gorakhpur through its Manager Rajendra Shahi has filed this writ petition against an order passed by the Joint Director of Education dated 29th July, 2004 in compliance of the decision taken by the Regional Level Committee on the same day. By means of the said order the Committee of Management of the Institution has been declared to be illegal and time bared. Prabandh Sanchalak has been appointed in the institution for holding fresh elections of the Committee of Management.3. On behalf of the petitioner it is contended that the elections of the Committee of Management had taken place on 20th January, 2001 in accordance with the provisions of scheme ...
Commissioner of Wealth Tax Vs. Yadupat Singhania
Court: Allahabad
Decided on: Aug-09-2004
Reported in: (2004)192CTR(All)172
1. The Tribunal, Allahabad, has referred the following questions of law under Section 27(1) of the WT Act, 1957, 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 correct in holding that in determining the value of the shares of J.K. Jute Mills Ltd. under Rule 1D of the WT Rules, 1957, deduction was to be allowed in respect of accumulated dividend on cumulative preference shares?2. Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that in determining the value of the shares of J.K. Jute Mills under Rule 1D of the WT Rules, deduction should be allowed of depreciation as worked out in the income-tax assessment of the company?'2. Briefly stated, the facts giving rise to the present reference are as follows :The assessee holds 1,860 shares in J.K. Jute Mills Ltd. They were not quoted in the stock exchange. The WTO referred the matter of ...
Daulat Singh Khati Vs. Deputy Inspector General of Police, C.R.P.F. an ...
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(2)AWC1962; 2005(1)ESC513; (2004)3UPLBEC2897
Tarun Agarwala, J.1. The petitioner was recruited as a constable in 1979. In February, 1993 he was posted as a Constable Driver. On 17.3.1993 the petitioner was charge-sheeted on the ground that he was found drunk during duty hours and that in the state of intoxication, he entered the living room of the Commandant Officer unauthorisedly at around 8.30 p.m. and used abusive and unparliamentary language. On the aforesaid charges, an inquiry was conducted and full opportunity was given to the petitioner. Based on the enquiry report, the petitioner was removed from the service with effect from 15.7.1993. Aggrieved, the petitioner filed an appeal. The Appellate Authority by an order dated 30.11.1993 allowed the appeal of the petitioner and quashed the order of the removal of the services of the petitioner as well as the enquiry proceedings and directed the Disciplinary Authority to conduct a de-novo inquiry against the appellant. Based on the directions of the Appellate Authority, a fresh i...
Commissioner of Wealth-tax Vs. Yadupat Singhania
Court: Allahabad
Decided on: Aug-09-2004
Reported in: [2004]271ITR368(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following questions of law under Section 27(1) of the Wealth-tax Act, 1957 (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 Income-tax Appellate Tribunal was legally correct in holding that in determining the value of the shares of J.K. Jute Mills Ltd., under rule ID of the Wealth-tax Rules, 1957, deduction was to be allowed in respect of accumulated dividend on cumulative preference shares ?2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that in determining the value of the shares of J.K. Jute Mills Ltd., under rule ID of the Wealth-tax Rules, deduction should be allowed of depreciation as worked out in the income-tax assessment of the company ?'2. Briefly stated the facts giving rise to the present reference are as follows :The assessee holds 1,860 shar...
Ravindra Kumar Saxena and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: (2004)3UPLBEC3007
Arun Tandon, J.1. Heard Sri P.C. Sharma, learned Counsel for the petitioners, Sri Radheshyam, learned Counsel for the respondent No. 4 and learned Standing Counsel for the respondent Nos. 1 to 3.2. Petitioners, who are two in number have filed this writ petition for quashing the order passed by the District Inspector of Schools, Badaun dated 14th November, 2003 whereby in compliance of the decision taken by the Regional Level Committee in seizing elections held on 1st November, 2003, he has recognized the elections of the Committee of Management which has taken place on 28th September, 2003.3. On behalf of the petitioner, it is contended that the last elections of Committee of Management had taken place on 30th September, 1990. In the said elections respondent No. 4, namely Sri Yogendra Pal Sharma was elected as the Manager. The said elections were disapproved by the Deputy Director of Education, by means of the order dated 30th September, 1991. Against the said order of the Deputy Dir...
Dr. Iqbal Ahmad Vs. Iind A.D.J. and anr.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(1)AWC769
S.U. Khan, J.1. This is landlord's writ petition arising out of eviction/ release proceedings initiated by him against tenant/respondent No. 2 on the ground of bona fide need under Section 21 of the U.P. Act No. 13 of 1972, hereinafter referred to as U.P. Rent Control Act (U.P.R.C. Act in short). Release application was registered as P.A. Case No. 2 of 1993 before Prescribed Authority'/Munsif (West), Ballia. The property in dispute is a shop. Along with release application map of the property in dispute and adjoining properties belonging to the landlord was annexed. In the release application it was stated that previously landlord was carrying on medical practice in two shops shown by letters A and C in the map, that landlord had to accommodate his son who had passed graduation and was unemployed hence one of the shops in his occupation shown by letters C was given by him to his son in which he installed photostat machine for business purpose. It was pleaded that due to reduction in th...
Smt. Shanti Devi Vs. Devi Prasad Gupta and ors.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(2)AWC1176
S.U. Khan, J. 1. This is tenant's writ petition arising out of S.C.C. Suit No. 128 of 1979 on the file of J.S.C.C.. Gorakhpur instituted by landlord respondent No. 1. The said suit was filed for eviction of the tenant petitioner from the tenanted accommodation on the ground of default and for recovery of arrears of rent and water tax due till the date of filing of the suit, pendente lite and future. The rate of rent is Rs. 32 per month. In the plaint it was alleged that rent was due since May, 1977. Tenant petitioner asserted that she had paid rent till October, 1978.2. In the plaint ground of subletting was also taken but the said issue was decided against the plaintiff and that is no more res-integra.3. Regarding period of default trial court/J.S.C.C., Gorakhpur held that the version of the plaintiff was correct and defendant was defaulter since May, 1977.4. The main point to be decided in this writ petition is regarding benefit of Section 20 (4) of U. P. Act No. 13 of 1972 hereinaft...
Furqan Ahmad Alias Mana and anr. Vs. Viith A.D.J. and ors.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(2)AWC1161
Tarun Agarwala, J. 1. The landlord-respondent filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 praying for the release of the premises in question for her personal need and for the members of her family. The landlord alleged that she has three sons out of which one of them has been married and other two sons were also of marriageable age and, therefore, requires the additional accommodation in Order to give privacy and space to her children. The landlord pleaded that she has only two rooms, one store and two verandah in her possession, which were insufficient for her requirement.2. The release application was contested by the petitioners, who contended that the release application was not bona fide and was mala fide and that the accommodation in possession of the landlady was more than sufficient and that the remaining two sons were not likely to get married and, therefore, she does not require additional accommodation. The petitioners further contended that re...
Pt. Chet Ram Sharma Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(2)AWC1182
Tarun Agarwala, J. 1. The petitioner is a tenant and has filed the writ petition challenging the order dated 11.10.1985, passed by the appellate court recalling its judgment and restoring the appeal to its original number.2. The facts are that respondent No. 3 is the landlord and had filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 (hereinafter referred to as 'the Act') for the release of the shop in question on the ground of personal need. The petitioner contested the release application. The prescribed authority by its judgment dated 26.9.1978 allowed the application and released the premises in question.3. Aggrieved, the petitioner preferred an appeal under Section 22 of the Act. The appellate court by judgment and order dated 26.11.1984, allowed the appeal and set aside the judgment of the prescribed authority and remanded the matter back to the prescribed authority to redecide the matter after hearing the parties.4. It transpired that the landlord filed an...
Lallan Vs. District Judge and ors.
Court: Allahabad
Decided on: Aug-09-2004
Reported in: 2005(2)AWC2252
ORDERS.N. Srivastava, J.1. This writ petition is directed against the order dated 20.12.2003 passed by the trial court and the order dated 24.12.2003 passed by District Judge, Jaunpur affirming the order passed by trial court.2. Plaintiff filed Suit No. 90 of 2002 for cancellation of sale deed and for permanent injunction which was decreed ex parte on 14.11.2003. An application filed by defendant to set aside ex parte decree and to restore suit to its original number was entertained by the trial court. Trial court granted interim order dated 20.12.2003 staying execution of the ex parte decree. A revision preferred against said order was also dismissed by order dated 24.12.2003.3. Heard learned counsel for petitioner.4. Learned counsel for petitioner urged that trial court while passing the impugned order acted illegally by granting interim order staying execution of ex parte decree and as such order is liable to be quashed.5. Considered arguments of learned counsel for petitioner and m...
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