Allahabad Court August 2004 Judgments
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Pratap NaraIn and ors. Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-04-2004
Reported in: 2005(1)ARC187
S.U. Khan, J.1. Heard learned Counsel for the petitioner. No one has appeared on behalf of respondent No. 3.2. This is landlord's/decree holders' writ petition. Petitioners filed suit (SCC Suit) No. 1096/81 against respondent No. 3 and another for ejectment and recovery of arrears of rent. According to the plaint (copy of which is Annexure-2 to the writ petition) respondent No. 3 was tenant on behalf of the plaintiffs on the ground floor accommodation of house No, 33/166, Bhar Bharia Mohal, Kanpur at the rent of Rs. 15/- per month and he was liable to ejectment on the ground of sub-letting and default. The suit was decreed ex-parte. In execution of ex-parte decree possession was delivered to the landlord on 24.12.1982. Thereafter respondent No. 3 filed an application before executing Court complaining therein that he had been dispossessed from more accommodation than mentioned in the decree. The case set-up in the said application was that in the plaint relief was sought regarding one ...
NasruddIn Vs. Additional Commissioner, Faizabad Division and ors.
Court: Allahabad
Decided on: Aug-04-2004
Reported in: 2005(2)AWC1766
ORDERKamal Kishore, J.1. This writ petition has been preferred for quashing the orders dated 10.12.1998 and 16.10.1999, passed by the then S.D.M., Musafirkhana and Additional Commissioner, Faizabad Division, Faizabad, which are Annexures-3 and 4 respectively.2. I have heard arguments and have gone through the record.3. It has been argued by the learned counsel for the opposite-parties that the alternative remedies have already been availed of by the parties before the learned S.D.M. etc. in appeal, hence the present petition under Article 226 of the Constitution of India is not maintainable. On the other hand, it has been argued by the learned counsel for the petitioner, as alleged, that the alternative remedy in mutation orders is not barred by Article 226 of the Constitution of India. In support of his contention, the learned counsel for the petitioner has placed reliance on the ruling in Puran Singh v. Board of Revenue, U. P., Allahabad and Ors., 2004 (1) AWC 853 : 2004 (22) LCD 494...
Ashok Kumar Goyal Vs. Income Tax Settlement Commission
Court: Allahabad
Decided on: Aug-04-2004
Reported in: [2005]142TAXMAN355(All)
ORDERBy means of present writ petition filed under article 226 of the Constitution of India, the petitioner seeks a writ order or direction in the nature of certiorari calling for the records of the case and quashing the order dated 21-3-1997 passed by the Income Tax Settlement Commission, New Delhi, respondent No. 1 filed as Annexure 1 to the writ petition and other consequential reliefs.2. Briefly stated facts giving rise to the present petition are as follows :The petitioner is an individual. The petitioner, according to him is engaged in the business of job work of manufacture of silver chains upon orders received from customers. He had 536 kilograms (net) of silver which he had sold during the financial year 1992-93 for a total sum of Rs. 41,78,937. According to the petitioner, he had acquired the silver over a period of years at total cost of Rs. 30,43,711 which resulted in net profit of Rs. 11,35,226. The income-tax authorities took certain proceedings, whereupon the petitioner ...
Bansdev and ors. Vs. Awadhesh Kumar
Court: Allahabad
Decided on: Aug-04-2004
Reported in: IV(2005)ACC415
Prakash Krishna, J.1. This is an appeal by the owners of a tractor under Section 110-D of Motor Vehicles Act, 1939 read with Section 173 of Motor Vehicles Act, 1988. The Tribunal by its order dated 20th of April, 1991 passed in MACT No. 18 of 1984 awarded a sum of Rs. 18,000 only with costs of petition to the claimant respondent in the present appeal.2. Awadhesh Kumar, the claimant-respondent aged about 7 years received injury on 2.1.1984 at 3. p.m. when he was returning to his house from his school. When he reached near his house, grandson of the appellant No. 1 (Bansdev) who was driving tractor No. UTO 1172 rashly and negligently came and dashed him. Awadesh Kumar filed a claim petition through his guardian and next friend claiming compensation of Rs. 50,000 for the injuries sustained by him on account of the accident dated 8.1.1984. It was stated in the petition that the petitioner has lost his left thigh and received grievous injuries which has affected his mind. It was further sta...
Oriental Textiles Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)191CTR(All)136; [2005]273ITR47(All)
1. The Tribunal, Allahabad, has referred the following two questions of law under Section 256(2) of the IT Act, 1961, hereinafter referred to as the Act, for opinion to this Court :'1. Whether, on the facts and circumstances of the case the proviso to Sub-section (1) of Section 145 or Sub-section (2) of Section 145 of the Indian IT Act, 1961, were attracted in the present case ?2. Whether, on the facts and circumstances of the case, the IT authorities as well as the Tribunal were justified in drawing adverse inference by the issue of the three post-dated cheques in order to pacify the Karigars on their pressing demand, the amount of which were actually paid to them and the certificates to that effect were filed ?'2. The present reference relates to the asst. yr. 1978-79 from the case of the assessment proceedings.3. The ITO found that the assessee, who was following mercantile system of accounting and who did the business of purchase and export of wall hangings, declared sales of about...
Commissioner of Income Tax Vs. U.P. Financial Corporation
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)191CTR(All)135
1. The Tribunal, Allahabad, has referred the following questions of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as the Act), for opinion of this Court :1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest on the interest-bearing loans did not accrue to the assessee during the asst. yrs. 1975-76 and 1976-77 because suits for the recovery of the loans were pending ?2. Whether the Tribunal was justified in putting off the dates of the accrual of interest inspite of the fact that the assessee followed the mercantile system of accounting and the loans were interest-bearing 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amounts of Rs. 7,95,380 and Rs. 13,91,177 as interest accrued, were not includible in the total income of the assessee in the asst. yrs. 1975-76 and 1976-77, respectively ?4. Whether, on the facts and in the circumstances o...
Commissioner of Income Tax Vs. Ishwari Khetan Sugar Mills (P) Ltd.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)191CTR(All)184; [2005]272ITR224(All)
1. The Tribunal, Allahabad, has referred the following questions of law under Section 256(2) of the IT Act (hereinafter referred to as the Act) for opinion to this Court:(1) Whether, on the facts and in the circumstances of the case, there was material on records justifying the Tribunal's finding that the payment of commission to M/s Bharat Vyapar Mandal was wholly and exclusively for the business of the assessee-company ?(2) Whether, on the facts and in the circumstances of the case, the appointment of M/s Bharat Vyapar Mandal as sole selling agents of the assessee-company was in order in law ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was in law justified in deleting the additions of Rs. 1,08,139 and Rs. 1,40,024 on account of commission to the sole selling agents in the asst. yrs. 1969-70 and 1970-71, respectively?(4) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in deleting the disallowance of Rs. 3,40...
Commissioner of Income Tax Vs. Ram Krishna Tekriwal
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)191CTR(All)181; [2005]274ITR266(All)
1. The Tribunal, Allahabad, has referred the following questions of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as the Act), for opinion to this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in taking the view that reopening of the assessment by the ITO was not legal or permissible ?'2. The present reference relates to the asst. yr. 1973-74. The respondent-assessee is a partner in the firm M/s Vijay Picture Palace, Gorakhpur, in the capacity of Karta of his HUF. His wife, Smt. Chameli Devi, is also a partner in the firm. In the original assessment order the income derived by the wife of the respondent-assessee from the firm was not included in the hands of the respondent-assessee. The AO initiated proceedings under Section 147/148 of the Act. He recorded the following reasons for reopening of the assessment in the case of Sri Indu Kumar Tekriwal. The reasons for reopening the assessment in the present cas...
Laxmi Devi Gupta (Smt.) Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)3UPLBEC2545
Devi Prasad Singh, J.1. Heard Counsel for the parties.2. The petitioner while serving on the post of Midwife and retired on 31.12.1988. Since the post retiral benefit was not paid to the petitioner, she has filed the present writ petition in April, 1992. For a petty long period counter- affidavit was not filed by the respondents and the matter was kept hanging in this Court for more than a decade. Ultimately an interim order dated 26.9.2003 was passed by this Court directing the respondents to pay the arrears of salary and also pension to the petitioner within a period of 3 months. After passing of an interim order by this Court, respondent-machinery swung into action and appropriate steps were taken for payment of those retiral benefits. An affidavit dated 22.3.2004 has been filed indicating therein that interim order of this Court has been complied with and the petitioner has been paid post retiral benefits. The affidavit has been filed by Dr. M.P. Singh; Chief Medical Officer, Varan...
Executive Officer, Nagar Palika and ors. Vs. Rajendra Singh Yadav
Court: Allahabad
Decided on: Aug-03-2004
Reported in: [2006(106)FLR462]; (2005)IILLJ359All; (2004)3UPLBEC2529
M. Katju, J.1. These special appeals have been filed against the impugned judgment of the learned Single Judge dated 12.1.1996, by which he allowed the writ petition.2. Some other special appeals have been filed against the impugned judgment of another learned Single Judge who followed the judgment dated 12.1.1996,3. Heard learneed Counsel for the parties.4. In the writ petition filed by Rajendra Singh Yadav, being Writ Petition No. 19434 of 1994, which we take as the leading case, the petitioner had challenged the order of the Executive Officer, Nagar Palika, Firozabad dated 7.5.1994 (vide Annexure-8 to the writ petition).5. The petitioner was appointed on daily wage basis by the Executive Officer of Nagar Palika Firozabad by order dated 25.10.1989 (vide Annexure-1 to the writ petition).6. When a vacancy arose on the retirement of the Chowkidar the petitioner was appointed by the Acting Chairman of the Nagar Palika as Chowkidar in temporary capacity vide order dated 17.7.1990 (vide An...
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