Allahabad Court September 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Prayag Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: 2005CriLJ997
ORDERAmar Saran, J.1. This criminal appeal arises out of the judgment and order dated 30-4-1981 passed by VIth Additional Sessions Judge, Mainpuri in Sessions Trial No. 512 of 1980 whereby the appellants were convicted and sentenced to undergo rigorous imprisonment, for a period of three years under Sections 304/149, I.P.C. and for a further period of imprisonment of six months under Sections 323/149 read with Section 147, I.P.C. Both the sentences were ordered to run concurrently.2. As the appellant-Prayag Singh has died, the appeal filed by him has already abated by order of this Court dated 28-1-2004. Apart from Prayag Singh and the other four appellants namely, Prithvi Singh, Parmal, Nawab Singh and Ramveer Singh, one other person namely, Shanker had been made an accused in the FIR. As he had died during the pendency of the trial his case has abated by orders of the trial Court.3. I have heard Shri S. P. Tewari, learned counsel for the appellants and the learned A.G.A.4. In short, ...
Commissioner of Income Tax Vs. Surendra Prasad Agrawal
Court: Allahabad
Decided on: Sep-01-2004
Reported in: (2005)194CTR(All)161; [2005]275ITR113(All)
ORDEROmission to initiate penalty proceeding in course of assessmentThe respondent was assessed to income-tax as an individual. For the assessment year 1977-78 a notice under section 210 was issued by the AO on 18-11-1976 calling upon the respondent to pay advance tax of Rs. 1,153 during the financial year 1976-77. The respondent, however, paid a sum of Rs. 600 only and also did not file any estimate of advance tax as required by section 212. He had filed his return showing an income of Rs. 14,870. However, the income was assessed at Rs. 45,140. While passing the assessment order the AO omitted to charge interest under section 217(1A) and to initiate penalty proceedings under section 273. The CIT, on examination of the assessment record was of the opinion that the AO s omission to charge interest and initiate penalty proceedings was erroneous and was prejudicial to the interest of the revenue. After giving notice of an opportunity of hearing, the Commissioner in exercise of powers unde...
Dinesh Kumar Vs. Bharat Sanchar Nigam Limited and ors.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: (2005)2UPLBEC1309
Vineet Saran, J. 1. Since common questions of law and facts and involved in both these writ petitions hence they have been heard together and are being disposed of by this common judgment.2. The writ petitioners are working as Telecom Technical Assistants in Bharat Sanchar Nigam Limited. The admitted position is that 35% of the posts of Junior Telecom Officers are to be filled up by promotion from amongst the Telecom Technical Assistants. The examinations for such promotion were initially to be held on 11.4.1999 but were thereafter postponed for 30.4.2000. The qualifying marks to be obtained by a candidate for selection/promotion on the post of Junior Telecom Officer was 40% marks. The petitioners in both the writ petitions had appeared in the said examinations and were declared unsuccessful as they could not obtain 40% marks. The respondent Nos. 4, 5 and 6 of Writ Petition No. 54100 of 2002 were initially not declared as selected for promotion because they had obtained less than 40% m...
Sankhdhari Singh Vs. State of U.P.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: 2005CriLJ1377
ORDERAmar Saran, J.1. This application has been filed under Section 482, Cr. P.C. for setting aside the orders dated 2-9-1999 and 27-11-1999 passed by the learned District Judge, Gorakhpur recommending the initiation of criminal proceedings under Section 193, I.P.C. against, the applicant and consequent criminal proceedings, vide Complaint Case No. 6507 of 1999 under Section 193, I.P.C. (State v. Sankhdhari Singh) pending in the Court of the Chief Judicial Magistrate, Gorakhpur.2. The order dated 2-9-1999 recommending the prosecution of the applicant has been passed on the ground that in a transfer application under Section 24, C.P.C. the applicant is alleged to have stated that he was told by the opposite party, his wife, Smt. Prabhawati, the contestant, that her counsel was the colleague of the Presiding Officer. This fact according to the complaining Court was not correct. Secondly, in his affidavit the applicant has stated that he was told this fact on 30-8-1999 by Smt. Prabhawati,...
Commissioner of Income-tax Vs. United Trading Corporation
Court: Allahabad
Decided on: Sep-01-2004
Reported in: (2006)204CTR(All)252; [2005]275ITR248(All)
R.K. Agrawal, J.1. The Income-tax Appellate Tribunal Delhi, 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 learned Tribunal was legally justified in holding that the assessee was a recognised export house and a small scale exporter who was manufacturing and producing articles and hence was entitled to weighted deduction under Section 35B of the Income-tax Act, 1961, relying merely on the export house certificate dated February 19, 1979, was valid for the period February 19, 1979, to June 30, 1979, only which is after the relevant accounting year ?2. Whether, on the facts and in the circumstances of the case, the case of the assessee fell under the definition of small scale industrial unit as mentioned in Section 35B(1A) Explanation (d) read with Clause (2) of Explanation below Section 32A(2) of the ...
Mohd. Aslam Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: 2005(2)AWC1861
B.S. Chauhan, J.1. This special appeal has been filed against the impugned judgment and order dated 21.7.2004, passed in Writ Petition No. 17809 of 1996, Mohd. Aslam v. State of U. P. and Ors., wherein the relief of employment in lieu of the land acquired which was sought, has been dismissed.2. The facts and circumstances giving rise to this case are that petitioner-appellant filed writ petition in 1996 on 20.5.1996 contending that his land had been acquired to establish a tube-well, and as per the Government order dated 15.6.1985, he was entitled for employment on compassionate ground. The writ petition was subsequently amended by filing an application in 2002, vide Order dated 21.11.2002 seeking the same relief in pursuance of the Government order dated 29.2.1996. The said petition stood dismissed only on the ground that the petitioner had not pleaded anywhere in the petition that his land had been acquired by the State, thus, the aforesaid Government orders were not applicable. Henc...
U.P. State Road Transport Corporation Vs. Ram Ajor Maurya
Court: Allahabad
Decided on: Sep-01-2004
Reported in: III(2004)ACC841; III(2005)ACC57; 2006ACJ1395; 2005(2)AWC2264
Prakash Krishna, J.1. This appeal has been preferred against the Award dated 4.2.1999, passed by the Motor Accident Claims Tribunal in MACT No. 180 of 1995.2. The claim petition was filed by the claimant-respondent on the allegation that he was posted as a driver in Bus No. UMH 9158 and was driving it from Jaunpur to Pratapgarh Patti on 5.7.1991. The aforesaid bus belonging to the appellant met with an accident with a truck, which was being driven rashly and negligently. The claimant who was driver of the aforesaid bus of the appellant applied break but the truck collided with the bus, with the result that the claimant received injuries in his right leg and became unconscious. He was confined to the Hospital for a period of about two months and has claimed compensation for a sum of Rs. 52,000. The said claim has been decreed in part by the Tribunal. It has awarded a sum of Rs. 40,000 as compensation against the appellant.3. Raising the short controversy present appeal has been filed. I...
Yamuna Prasad Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: 2005(2)AWC1764a
ORDERN.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of certiorari to quash the order dated 14.9.1999, rejecting the renewal of the lease of the tank in question in favour of the petitioner.2. According to the petitioner, he was granted a fishing lease on plot No. 391 area 10 bigha for a period of ten years situate in village Shahanwa, Pargana Haveli Avadh, Tehsil and district Faizabad. There is a provision of renewal of the fishing lease but the opposite parties have not renewed the fishing lease in spite of the fact that the petitioner has invested a huge amount.3. Nobody appeared from the side of the petitioner because of the fact that the petitioner has obtained an interim order on 29.9.1999 and he is continuing the fishing operation on the basis of the lease, which has not been renewed by the opposite parties.4. I have heard Shri R.K. Srivastava, the learned standing counsel.5. In Pheru v. State of U.P., 2004 (22) LCD 86, a Full Bench of this Court has decl...
Committee of Management, Hari Shyam Khadi Gram Udyog Sewa Sabha, Malak ...
Court: Allahabad
Decided on: Sep-01-2004
Reported in: 2005(2)AWC1864
Arun Tandon, J.1. Heard Sri Ashok Khare, senior advocate, assisted by Sri S.D. Shukla, and Sri Rajesh Rai, learned counsel for the petitioners, Sri Ravi Kant, senior advocate, assisted by Sri Manoj Kumar Pandey, learned counsel for the respondent Nos. 4 and 5 and learned standing counsel for the respondent Nos. 1 to 3.2. There is a registered society in the name style of Hari Shyam Khadi Gram Udyog Sewa Sabha, Malak Harhar, Allahabad, under the Societies Registration Act. The said society has set up a Junior High School in the name style of Uttar Pradeshiya Balika Junior High School, Malak Harhar, Allahabad.3. Under the judgment and order of this Court dated 22nd April, 2004 passed in Civil Misc. Writ Petition No. 8577 of 1994, Shri Ashtahbhuja Prasad Dubey and Ors. v. Zila Basic Shiksha Adhikari, Allahabad and Ors.), the dispute with regard to the claim of rival parties to manage the institution, was remanded to be decided afresh in the light of the judgment and order passed by this C...
Cit Vs. United Trading Corpn.
Court: Allahabad
Decided on: Sep-01-2004
Reported in: [2005]145TAXMAN348(All)
R.K. Agrawal, J. The Income Tax Appellate Tribunal, Delhi has referred the following 3 questions of law under section 256(1) 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 legally justified in holding that the assessee was a recognized export house and a small scale exporter who was manufacturing and producing articles and hence was entitled to weighted deduction under section 35B of the Income Tax Act, 1961 relying merely on the export house certificate dated 19-2-1979 was valid for the period 19-2-1979 to 30-6-1979 only which is after the relevant accounting year?2. Whether on the facts and in the circumstances of the case, the case of the assessee fell under the definition of small scale industrial unit as mentioned in section 35B(IA) Explanation (d) read with clause (2) of the Explanation below section 32A(2) of the Income tax Act?3. Whether on the f...
- ‹ Prev
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 20
- Next ›
- Last »