Allahabad Court August 2004 Judgments
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Periyar Ram Swaroop Ram Nath Balika Inter College Vs. State of U.P. an ...
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)3UPLBEC2613
Arun Tandon, J.1. Heard Sri Rakesh Prasad and Smt. Vidya Yaday, learned Counsel for the petitioner and learned Standing Counsel For the State-respondents.2. This writ petition has been filed by the Committee of Management of Periyar Ram Swaroop Ram Nath Balika Inter College, Rarngarh (Chatara), Sonbhaddra through its Manager Indrajeet Singh for a direction upon the Madhyamik Shiksha Parishad to permit the students of the petitioner's Institution for appearing in the Intermediate Examination of 2004 as well as to allot the roll numbers to the students of the petitioner's Institution.3. This Court while entertaining the said petition on 5th March, 2004 directed that the examination forms of the students.of the petitioner's Institution be accepted provisionally and they be permitted to undertake the examination, however, their results shall not be declared except with the leave of the Court. It is on record that in pursuance of the interim order granted earlier by this Court, the examinat...
Commissioner of Income Tax Vs. Electrical Enterprises
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)192CTR(All)596
1. The Tribunal, Allahabad, has referred the following two questions of law under Section 256(1) of the IT Act, hereinafter referred to as the Act, for opinion of this Court:1. Whether, on the facts and in the circumstances of the case, the AAC could decide the point regarding registration in an appeal filed by the assessee against the assessment framed under Section 143(3) of the Act ?2. Whether, on the facts and in the circumstances of the case, the assessee was entitled to registration under Section 185(1)(b) of the Act ?2. Briefly stated, facts giving rise to the present reference are as follows :While making the assessment for the asst. yr. 1977-78, the ITO rejected the assesses opposite party's application for registration under Section 185(1)(b) of the Act in the following manner:'During the course of assessment proceedings, it has come to my notice that assessee has filed partnership deed dt. 17th March, 1975, and Form No. 11 has been filed mentioning asst. yr. 1976-77. The par...
Jai Ram and ors. Vs. the District Judge and ors.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: 2005(3)SLJ312; (2004)3UPLBEC3060
D.P. Singh, J.1. Pleadings are complete and the Counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.2. Heard Counsel for the parties.3. This petition has been filed claiming the relief of mandamus directing the respondents to appoint the petitioner in the Subordinate Courts at Mau.4. In pursuance of an advertisement dated 26.6.1990 inviting applications for appointment on posts of Process Server, Orderlies, Peons, Office Peons and Farrashes in the judgeship of Mau, several candidates, including the petitioners applied. A waiting list of 45 persons, as contemplated by Rule 12 of U.P. Subordinate Civil Courts Inferior Establishment Rules, 1995 was notified on 7.9.1990. The petitioners were placed at Serial Nos. 32, 33, 35, 36, 39, 40, 41, and 49. It is alleged that in spite of the waiting list the respondent had granted appointment to respondent Nos. 3 to 7 who were not even placed in the waiting list. Thus, this petition.5. Learned Co...
Arbind Kumar Mishra Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2004)3UPLBEC2997
Devi Prasad Singh, J.1. List revised. None present for the petitioner.2. I have gone through the records. According to the petitioner, he was appointed on the basis of daily wage on 1.6.1987 and discharged his duties on the post of Clerk in B.R.D. Medical College, Gorakhpur.3. It has been pleaded in the writ petition that the petitioner has been continuing on the said post as daily wage employee in pursuance of the appointment order issued from time to time. The petitioner's appointment on the post of daily wage Clerk was duly sanctioned by the Competent Authority as evident from documents filed as Annexures-2, 3 and 4 to the writ petition. On 1.7.1991, the petitioner had submitted a representation to the respondents for regularization of his services in pursuance of the Government Order dated 24.1.1989, as he had completed 3 years of continuous service. It has been submitted by the petitioner in the writ petition that after receipt of the petitioner's representation the opposite parti...
Subhash Chandra Rai and ors. Vs. Additional Director of Education and ...
Court: Allahabad
Decided on: Aug-03-2004
Reported in: 2005(2)AWC1953; (2004)3UPLBEC2985
R.B. Misra, J.1. Heard Sri A.K. Shukla, learned Counsel holding brief of Sri V.B. Khare, learned Counsel for the petitioners and Miss. Suman Siroihi, learned Standing Counsel for the State respondents.2. In this petition, prayer has been made to quash the order dated 7.5.1986 (Annexure-11 to the writ petition) passed by the Additional Director of Education (Intermediate), Allahabad, U.P.3. It appears that Pratap Narain Singh Janta Intermediate College, Barhi Sonbarsa, District Gorakhpur (hereinafter in short called as the 'College') is a recognized College under the Uttar Pradesh Intermediate Education Act, 1921, (hereinafter in short called as the 'Act, 1921'), where some posts alleged to have fallen vacant and the petitioner No. 1 by virtue of being in possession of degree of B A and B.T.C. along with other petitioner Nos. 2, 3 and 4, who were also having prescribed minimum qualification, participated in the selection in pursuance of advertisement published in the newspaper. The peti...
Commissioner of Income-tax Vs. Subhash Chand
Court: Allahabad
Decided on: Aug-03-2004
Reported in: (2005)194CTR(All)449; [2005]273ITR216(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following three questions of law under Section 256(1) of the Income-tax Act, 1961, 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 Appellate Tribunal was justified in law in holding that the investments made with the firm, M/s. Jahanganj Cold Storage, by the minors, Ajit Kumar and Sujit Kumar, were not on capital account but were mere deposits ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law, in holding that the interest derived by the minors, Ajit Kumar and Jahanganj Cold Storage was not as a result of their admission to the benefits of partnership and that it could not be included in the assessee's income under section 64(1)(iii) of the Income-tax Act, 1961 ?3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in not upho...
Union of India (Uoi) Through the General Manager, Northern Railways Vs ...
Court: Allahabad
Decided on: Aug-03-2004
Reported in: III(2005)ACC175; 2005ACJ823
U.K. Dhaon and M.A. Khan, JJ.1. This is an appeal against the judgment and award dated 23.10.2002 passed by the Railway Claims Tribunal, Lucknow, thereby awarding a sum of Rs. 4,00,000 by way of compensation to the respondent.2. The case of the respondent in brief had been that he was travelling by Amritsar Howrah Express on 17.9.2000 with a second class journey ticket. He started his journey from Ambala to Patna on 16.9.2000 by purchasing a second class journey ticket. On 17.9.2000, when the train was passing near Tilhar Railway Station in district Shahjahanpur, the respondent was going to toilet in the railway compartment and fell down from the compartment due to sudden and violent jerk of the train, as a result of which he sustained severe and grievous injuries in both of his legs, which were ultimately amputated. According to him, he lost his journey ticket during the course of the incident in question.3. The appellant Railways filed written statement and contested the claim on the...
Radhey Shyam Shukla Vs. Viith Additional District Judge and anr.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: 2005(1)ARC37
S.U. Khan, J.1. This is landlord's writ petition arising out of arising out of eviction/release proceedings initiated by him against the tenant respondent No. 2 on the ground of bona fide need under Section 21 of U.P. Act No. 13 of 1972, in the form of Rent Case No. 157 of 1992 on the file of P.A./ACMM (VIII), Kanpur Nagar.2. During the pendency of writ petition landlord Radhey Shyam Shukla died and his son Vinod Kumar Shukla has been substituted at his place.3. The landlord in release application pleaded that he required the premises in dispute for two of his grand sons who intended to open Computer Training Center in premises in dispute. It was further pleaded that daughter-in-law of the landlord to open Coaching Center for which also accommodation in dispute was required. It was further pleaded that the eldest grand son of the landlord was to be married and one room was required for his bedroom also. Residential need for landlord and other member of his family was also pleaded. It w...
Mohammad Shami Khan and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Aug-03-2004
Reported in: 2005(1)ARC549
Anjani Kumar, J.1. This is tenant's writ petition directed against the order dated 29th January, 1987 passed by District Judge, Annexure 4 of the writ petition whereby the appeal by the respondent-landlord against the order passed by the Prescribed Authority allowing an application filed under Section 24 (2) of the U.P. Act No. 13 of 1972.2. The facts leading to filing of the present writ petition are that the petitioner-tenant filed an application under Section 24 (2) of U.P. Act No. 13 of 1972 as he was evicted on an application filed by the landlord-respondent under Section 21 (1) (b) of the Act. After the landlord demolished the dilapidated structure and constructed new house, the petitioner-tenant filed an application as contemplated under Section 24 (2) for allotment of a shop in the newly constructed house before the R.C. and E.O. who allowed the application and directed the landlord to allot the shop in favour of the petitioner-tenant. Aggrieved thereby the landlord preferred a...
Cit Vs. Electrical Enterprises
Court: Allahabad
Decided on: Aug-03-2004
Reported in: [2004]141TAXMAN388(All)
ORDERGranting of registration to firm in appeal filed against assessment orderThe revenue contended that against the order passed under the then section 185(1)(b), an appeal lay under section 246. A separate appeal lay against the order of assessment. Therefore, the first appellate authority was not justified in allowing registration to firm in the appeal filed against the assessment order. Held : Under section 246 an appeal lies against assessment order as also against status under which assessee is assessed. Income Tax Act, 1961 s.246 In the Allahabad High Court R.K. Agarwal & K.N. Ojha, JJ....
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