Allahabad Court August 2004 Judgments
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Jagmohan Ram Ram Chandra Vs. Cit
Court: Allahabad
Decided on: Aug-25-2004
Reported in: [2004]141TAXMAN574(All)
ORDERR.K. Agrawal, J.In Income Tax Reference No. 325 of 1982 the Income Tax Appellate Tribunal, Allahabad, 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 to this court.'Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs. 17,500 in the total income of the assessee even though the said amount was also assessed in the hands of the two partners, viz., S/Shri Udai Narain and Girish Narain?'2. The Income Tax Reference No. 327 of 1982 which is at the instance of the assessee, the Income Tax Appellate Tribunal, Allahabad has referred the following question of law under section 256(1) of the Act for opinion to this court.'Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs. 7,500 made by the Income Tax Officer?'3. Since both these references relate to the partnership firm...
Cit Vs. Dhampur Sugar Mills Ltd.
Court: Allahabad
Decided on: Aug-25-2004
Reported in: [2005]142TAXMAN362(All)
ORDERR.K. Agrawal, J. The Income Tax Appellate Tribunal, Delhi has referred the following questions of law under section 256(2) 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 learned Tribunal was right in law in holding that the amount of Rs. 12,66,429 being excess levy sugar price was not taxable in the hands of the assessee-company in the year under consideration ?2. Whether on the facts and in the circumstances of the case, the learned Tribunal was right in law in deleting the interest of Rs. 2,89,026 and also in confirming the deletion of interest of Rs. 1,43,282 on the amount of excess levy sugar price claimed by the assessee-company?'2. The present reference relates to the assessment year 1974-75 for which the relevant previous year ended on 30-9-1973. The assessee is a public limited company engaged in the manufacture and sale of crystal sugar. The Government of India...
State of U.P. and ors. Vs. Ram Badan Dubey and anr.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: (2004)3UPLBEC2831
Tarun Chatterjee, C.J. and Vineet Saran, J.1. This Special Appeal has been filed by the State of U.P. and two others against the Judgment and Order dated 3.9.2002 passed by a learned Judge in Civil Misc. Writ Petition No. 55579 of 2000.2. The brief facts relevant for the decision of this appeal are that the writ-petitioner Ram Badan Dubey (respondent in this appeal) was an assistant teacher in a recognized educational institution, namely, Agrasen Inter College, Allahabad. He was given notice dated 11.2.1985 that on attaining the age of 60 years he would superannuate on 30.6.1985. The writ-petitioner, however, challenged the said notice and contended that he was entitled to continue in service upto 30.6.1986. The writ-petitioner file Civil Suit No. 331 of 1985 praying for a declaration that he was entitled to continue in service till 30.6.1985. By Judgment and Decree dated 25.2.1988 the trail Court decreed the suit with costs along with a direction to pay all privileges and arrears etc....
Meena Rajpoot (Smt.) Vs. Smt. Meera and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(1)AWC953; (2004)3UPLBEC2815
Prakash Krishna, J.1. This appeal arises out of an Election Petition No. 8 of 2001 filed Under Sections 14 and 23 of U.P. Kshettra Panchayats and Zila panchayats Adhiniyam, 1961. The Court below by the order dated 29th October, 2003 has dismised the election petition.2. The election to the post of pramukh of Kshettra Panchayat, Ferozabad, District Ferozabad is the subject matter of the present appeal. In the said election 4 persons, the present appellant and the three respondents were candidate for the aforesaid post. The result was declared on 13th March, 2001. In the said election total 103 votes wee polled. Out of them 9 votes ere rejected being invalid. Resultantly 94 valid cotes were cast. As per report of the Election Officer the candidates got the votes as follows :-Name of Candidates Votes Cast1. Smt. Ganga Devi 42. Smt. Pushpa Devi 143. Smt. Meena Rajpoot 314. Smt. Meera 45Total 943. The Election Officer on the basis of the votes polled as indicated above declared Smt. Meera, ...
Pramod Kumar Vs. U.P. Secondary Education Services Commission Through ...
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(2)AWC1957; (2004)3UPLBEC2957
Umeshwar Pandey, J.1. This special appeal has been directed against the impugned judgment and order of the leaned Single Judge dated 9.3.1997 whereby me appellant's writ petition seeking the relief for quashing is termination of service as an Assistant Teacher in Shri Jawahar Inter College, Bamrauli, District Meerut was dismissed.2. The appellant petitioner was selected in a short-term vacancy as Assistant Teacher in the institution and the management sent the necessary papers for approval of the appointment to the District Inspector of School (here-in-after abbreviated as D.I.O.S.) with a covering letter dated 22.11.1988. The letter remained unreplied. Since no approval was communicated by the D.I.O.S. within the statutory period of seven days as contemplated under Clause 2(3)(III) of U.P. Secondary Education Services Commission (Removal of Difficulties) (II) Order, 1981, the management appointed the petitioner as Assistant Teacher after expiry of the said period. He started functioni...
Arjun Vs. Deputy Director of Education Ivth Region and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: (2004)3UPLBEC2999
Tarun Agarwala, J.1. The petitioner was appointed as a C.T. Grade Teacher on 25.7 1972 and with effect from 1.8.1974, the petitioner was appointed as a teacher in L.T. Grade. Subsequently, by an order of the District Inspector of Schools, dated 22.9.1976,. the petitioner was reverted to the. post of C.T. Grade Teacher. On 18.5.1984, the petitioner was charge-sheeted. The petitioner gave his reply on 13.7.1984 which was not found satisfactory and accordingly the Disciplinary Authority initialed an inquiry proceeding and appointed an Inquiry Officer. The petitioner appeared before the Inquiry Officer and full opprtunity was given to the petitioner to defend himself. The Inquiry Officer thereafter submitted his inquiry report on the basis of which the Committee of Management passed a resolution dated 16.12.1984 proposing to terminate the services of the petitioner. In pursuance to the resolution dated 16.12.1984, the petitioner was suspended on 17.12.1984, pending grant of approval from t...
Harihar Sughand (P.) Ltd. Vs. Addl. Civil Judge (Sr. Division) Court N ...
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(1)AWC541
S.N. Srivastava, J.1. These two petitions bear close resemblance to each other by reason of similar nature of controversy and also by reason of the fact that plaintiff in both the suits is one and the same and plaintiff brought action in both the suits on the ground that goods supplied by the defendant were sub-standard. It would therefore be appropriate that both the petitions should be disposed of by one composite order.2. To avoid adding bulk to the composite order which this Court proposes to pass on the points involving merit, it would suffice to recapitulate facts as embodied in Writ Petition No. 3883 of 2004 filed by M/s. Harihar Sughand (P.) Ltd. for clinching the issue. It would appear that the petitioner has rushed to this Court assailing the order dated 5.1.2004 passed by Addl. Civil Judge (Senior Division). Kanpur Nagar by which the court below allowed Application No. 39/C2 and appointed Advocate Commissioner.3. Plaintiff who is arrayed as respondent No. 2 in the instant pe...
Lal Harsh Deo NaraIn Singh and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: (2005)1UPLBEC944
B.S. Chauhan, J.1. This writ petition has been filed for directing the respondents not to interfere with the shop and plot of the petitioners and further prohibit the respondents not to trespass into the possession of the petitioners' plot without having any right.2. Petitioners' grievance is that the respondent No. 5 who is his cousin brother, has executed an agreement with the respondent No. 4, the Managing Director of Reliance India, Lucknow in respect of the property in dispute and the respondent No. 4 to start with the construction over the said land with the collusion of respondent No. 5, though the respondent No. 5 did not have any authority to transfer the rights in favour of the respondent No. 4.3. The learned Standing Counsel appearing for respondents has submitted that as a suit between the parties is pending and against the order passed therein a F.A.F.O. No. Nil of 1984, has been filed in which this Court vide order dated 10.5.1984, stayed the further proceedings in the Ci...
Nihal Ahmad Vs. District Judge and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(1)AWC1006
Tarun Chatterjee, C.J. and Vineet Saran, J.1. This appeal is directed against the judgment and order dated 26.3.2003 passed by the learned Judge of this Court in Civil Misc. Writ Petition No. 22838 of 2002.2. Brief facts relevant for the decision of this appeal are that the writ-petitioner-Appellant Nihal Ahmad is the elected Pradhan of the Gram Panchayat in question. Challenging the said election, an election petition was filed by the respondent No. 9 herein Zahiruddin under Section 12C of the U. P. Panchayat Raj Act, 1947. By order dated 8.8.2000 passed in Writ Petition No. 33447 of 2000 this Court had directed that the election petition be decided within six months. However, written statement was filed by the writ-petitioner-appellant only on 10.4.2001. The election-petitioner filed an application for recount of votes which was supported by an affidavit. The writ-petitioner appellant tried to avoid the hearing on several dates and also filed a transfer petition only in order to dela...
Sharda Sahu (Smt.) and anr. Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Aug-24-2004
Reported in: 2005(1)ARC14; 2005(2)AWC1769
N.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of certiorari quashing the impugned judgment and orders as well as formal orders dated 8.5.2003 and 28,3.2003 passed by the opposite parties Nos. 1 and 2 as contained in Annexure Nos. 1, 2, 3 and 4 respectively to this writ petition and also for issuing a writ in the nature of mandamus directing the opposite parties Nos. 1 and 2 to decide the issue of jurisdiction by issuing Commission or obtaining report from the Munsairam prior to proceeding in Execution Case No, 32 of 1976 pending in the Court of the Civil Judge, Mohan Lalganj, Lucknow.2. I have heard the learned Counsel for the petitioners and the learned Counsel for the opposite party No. 3.3. Suit No. 363 of 1956 filed by Chandrika Prasad and others (plaintiffs) was decided in favour of Chandrika Prasad by passing a decree and an Appeal No. 53 of 1963 was filed which was heard and decided by the Civil Judge, Lucknow on 22.1,1964. Babu Lal, the father of the o...
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