Allahabad Court September 2004 Judgments
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Ganesh Bartan Bhandar Vs. Income-tax Settlement Commission
Court: Allahabad
Decided on: Sep-27-2004
Reported in: [2005]144TAXMAN307(All)
ORDERR.K. Agrawal, J. By means of the present writ petition filed under article 226 of the Constitution of India, the petitioners seek a writ, order or direction in the nature of certiorari quashing the order dated 27-11-1998 passed by the Income Tax Settlement Commission, New Delhi, filed as Annexure 6 to the writ petition. The petitioners further seek a writ, order or direction declaring the provisions of section 245G of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') as null, void, unconstitutional and inoperative and other consequential reliefs.Briefly stated, the facts giving rise to the present writ petition are as follows:-2. The petitioner No. 1 is a registered firm engaged in the business of purchase and sale of utensils. It consists of three partners. The petitioner No. 2 is one of the partners of the petitioner No. 1. On 30/31-8-1998 a search was conducted under section 132 of the Act in the business and residential premises of the petitioner No. 1 and its pa...
Wife of Rakesh Mohan (P) Trust Vs. Cwt
Court: Allahabad
Decided on: Sep-27-2004
Reported in: [2005]142TAXMAN267(All)
R.K. Agrawal, J. At the instance of the assessees who are four in numbers, the Income Tax Appellate Tribunal, Allahabad, by a consolidated order dated 24-3-1982, has referred the following two common questions of law under section 27(1) of the Wealth Tax 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 and on a true interpretation of the trust deeds, the Appellate Tribunal was justified in law in concluding that the interest of each of the beneficiaries under these trusts on each of the valuation dates, was indeterminate and the beneficiaries were unknown and accordingly in holding that the assessments of the beneficial interests in the trust properties of the beneficiaries could be made on the trustees only under section 21(4) of the Wealth Tax Act, 1957 ?2. Whether, on the facts and in the circumstances of the case and on a true interpretation of the provisions of section 25(2) of the Wealth Ta...
Sikhar Gupta Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: (2005)1UPLBEC429
R.B. Misra, J.1. Heard Sri S.C. Verma, learned Counsel for the petitioner and Sri M.C. Chaturvedi, Addl. Chief Standing Counsel alongwith Sri S.B. Pandey and Sri S.P. Singh, learned Standing Counsel.2. In the petition prayer has been made for issuance of mandamus directing the respondents to appoint to petitioner on the post of Gram Panchayat Adhikari (Category'Ga').3. It appears that an advertisement was published for recruitment of Gram Panchayat Adhikari (Category 'Ga') in the office of the Panchayat Raj Adhikari, Budaun and the petitioner has appeared to the said selection and was shown at Serial No. 1 in the waiting list and since one vacancy at Serial No. 13 in the merit list was kept open, therefore, he was entitled to be incorporated originally in the select list and was to be given appointment alongwith other selected persons. This Court has heard at length and has passed an order on 25.9.2003 which reads as below:'It appears that an advertisement was published for recruitment...
Ashok Kumar Upadhyaya Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: 2005(1)AWC196
Sunil Ambwani, J.1. Heard Sri Prakash Padia for petitioner and Sri V.B. Singh, senior advocate assisted by Sri Ajit Kumar Singh for respondents.2. The petitioner was appointed as Principal, Army School, Jhansi. The appointment letter dated 18.5.2001, stipulated that it will be effective from the date of joining. Lt. Col. A. N. Tripathi was earlier working as Principal. He had filed a Writ Petition No. 2170 of 2001 against an order dated 12.4.2001 terminating his services. The High Court issued an interim order staying the termination order on 31.5.2001. The petitioner's appointment, by then, was not approved by Army Welfare Education Society (A.W.E.S.), a registered body under the Societies Registration Act XXI, 1860, HQ Central Command. The petitioner was as such accommodated as a Post Graduate Teacher. Lt. Col. A. N. Tripathi resigned on 2.4.2002. The Selection Committee in its meeting on 25.9.2002, selected the petitioner. The appointment was approved by HQ, A.W.E.S. Cell, Southern ...
Prem NaraIn and anr. Vs. Shiv Pati and ors.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: 2005(1)ARC46; 2005(1)AWC493
N.K. Mehrotra, J.1. This is second appeal under Section 100, C.P.C. against the judgment and decree dated 19.11.1981, passed by IIIrd Additional District Judge, Faizabad allowing the Civil Appeal No. 529/79 by setting aside the judgment of Vth Additional Munsif, Faizabad dated 15.9.1979, passed in Regular Suit No. 107 of 1978, Prem Narain and Anr. v. Lalla.2. I have heard Shri S. K. Mehrotra, learned counsel for the appellants. Respondents are represented through Shri Rakesh Kumar Srivastava, advocate but the learned counsel for the respondents did not appear to argue the appeal.3. It appears that the plaintiffs-appellants filed suit for possession against the defendant-respondent Lalla. the predecessor in title of the respondents in this appeal with the allegations that one Meer Yusuf Ali was owner of the house bearing Municipal No. 374 situated in Mohalla Amaniganj, Faizabad. Meer Yusuf Ali transferred the house to Bashiruddin. After the death of Bashiruddin, the said house came to h...
Naukhez Khan and ors. Vs. Sakhawat Ullah and anr.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: 2005(1)AWC169
ORDERAnjani Kumar, J.1. Heard learned counsel for the petitioners and Sri A. K. Chaudhary for the contesting respondents.2. The petitioners, aggrieved by an order passed by the prescribed authority under the provisions of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) whereby the prescribed authority rejected the application filed by the petitioners for recalling the order dated 8th May, 2002 and 14th May, 2002 whereby the prescribed authority directed the case to proceed ex parte, has approached this Court by means of this writ petition.3. The petitioners have filed an application along with affidavit giving sufficient cause for their absence. The prescribed authority by the orders impugned has stated that since the order has been passed by his predecessor in office, therefore, his predecessor can recall those orders. For this reason the application has been rejected. Sri P.K. Jain has stated that the authority should have passed the order giving reasons and has relied u...
Smt. Santosh, Daughter of Sri Satya Pal Singh Vs. the District Judge,
Court: Allahabad
Decided on: Sep-24-2004
Reported in: AIR2005All240
R.B. Misra, J.1. Heard Sri B. Dayal, learned counsel for the petitioner and Sri S.A. Ginali, learned counsel for the District Judge, Meerut.2. In this petition prayer has been made to quash the order dated 22.7.1982 (Annexure-5 to the writ petition) passed by the II Additional Civil Judge, Meerut whereby the petitioner under Section 24 of Hindu Marriage Act filed by the petitioner against her husband Sri Jogender Singh for maintenance and legal expenses for contesting the petition no. 302 of 1979 preferred under Section 13 of the Hindu Marriage Act, 1955 was rejected after taking into considerations the facts, averments, pleadings, records and the affidavit of the Manager of Janta Junior High School, Khakurpur, Meerut where the petitioner was said to have been deployed as a Assistant Teacher. The Addl. Civil Judge did not find any merit to award any maintenance to the petitioner. The revision preferred by the petitioner before the District Judge, Meerut has also been carefully consider...
Madhav Singh and ors. Vs. Shiv Prasad Singh and anr.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: 2005(2)AWC1788
N.K. Mehrotra, J.1. This is second appeal under Section 100, C.P.C. against the judgment and decree dated 29.7.1981 passed by IIIrd Additional District Judge, Gonda dismissing the appeal filed against the judgment and decree dated 29.7.1980 passed by the VIIIth Additional Munsif, Gonda decreeing the suit of the plaintiffs-respondents for injunction.2. I have heard Shri R.K. Srivastava counsel for the appellant. Nobody appeared to argue on behalf of the respondents.3. It appears that the plaintiff-respondent Shiv Prasad Singh and Ram Raj Singh filed Suit No. 150 of 1978 against the defendants-appellants with the allegation that they are the residents of village Bhul Bhulaiya, Tehsil Gonda and purchased the land in suit shown by letters Ka, Kha, Ga, Gha in the Commissioner's Map from Asharfi Lal and Gomti by means of registered sale deed dated 1.2.1978 for a consideration of Rs. 500 and are in possession thereof alongwith a 'kathal' tree situated therein. It was also alleged that this la...
ishrat Jahan Vs. Vth A.D.J. and ors.
Court: Allahabad
Decided on: Sep-24-2004
Reported in: 2005(2)AWC1762
A.N. Varma, J.1. One Humayum Mirza, predecessor of the petitioner, who was plaintiff before the trial court instituted a suit, being Regular Suit No. 205 of 1982, against the opposite parties for grant of an injunction.2. At the initial stage no injunction was granted and the application under Order XXXIX, Rules 1 and 2, C.P.C. preferred by the plaintiff was rejected by the trial court, against which an appeal was filed under Order XLIII, Rule (1)(r), C.P.C. The appellate court on 18.12.1982, allowed the appeal and directed the maintenance of status quo by the parties. It was further provided that the opposite parties shall not raise any constructions so as to dispossess the petitioner from over the property in question. The suit was, however, dismissed for non-prosecution on 4.5.1994. An application for restoration was preferred on 20.5.1994 which was allowed on 26.4.1995 and the suit was restored to its original number.3. Sometime in November, 1996, the opposite parties started raisi...
Harish Chandra Agrawal (D) Through L.Rs. Vs. Iiird A.D.J. and anr.
Court: Allahabad
Decided on: Sep-23-2004
Reported in: 2005(1)AWC170
Anjani Kumar, J.1. Heard learned counsel appearing on behalf of the parties.2. The petitioner-tenant aggrieved by the order dated 11th February, 1986, passed by IIIrd Additional District Judge, Agra, copy whereof is annexed as Annexure-'IV to the writ petition, approached this Court by means of present writ petition under Article 226 of the Constitution of India, whereby the appeal filed by the respondent-landlord under Section 22 of the U.P. Act No. 13 of 1972 was allowed by the appellate court.3. In short, the facts of the present case are that the contesting respondent-landlord filed an application under Section 21 (1) (a) of the Act, (hereinafter referred to as the Act'), for release of the accommodation in question, namely, two shops numbered as 1/VII/6 and 1/V/12 on the ground of bona fide requirement of the landlord. The prescribed authority on the basis of the pleadings of the parties and evidence adduced before it arrived at the conclusion that the need of the landlord cannot ...
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