Allahabad Court January 2005 Judgments
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Commissioner of Income-tax Vs. Smt. Brij Bala
Court: Allahabad
Decided on: Jan-11-2005
Reported in: [2005]274ITR33(All)
1. The Income-tax Appellate Tribunal, New Delhi, has referred the following two questions of law under Section 256(1) and (2) 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 Tribunal was right in holding that there were no material before the Commissioner of Income-tax to justify his finding that the assessment made under Section 143(1) was erroneous in so far as it was prejudicial to the interests of the Revenue ?2. Whether the Tribunal's order is wrong on facts and in law in taking into consideration incorrect fact and the facts not relevant to the case and in ignoring relevant facts and findings in the order under appeal ?'2. The reference relates to the assessment years 1983-84 to 1985-86.3. Briefly stated the facts giving rise to the present reference are as follows :The return of income for the assessment years in question were filed by the respondent/assessee i...
Ajay Kumar Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-11-2005
Reported in: 2005(1)AWC909; 2005(1)ESC807; [2005(104)FLR988]; (2005)1UPLBEC858
Tarun Agarwala, J.1. The petitioner's father was working as a Constable. On 30.12.1982 an F.I.R. was lodged stating therein that the petitioner's father was missing, An investigation was made and the police submitted a report before the competent court, stating therein that the petitioner's father is missing. The said report was eventually accepted by the Court wherein the father of the petitioner was declared missing. The matter did not end here. The petitioner's mother filed Original Suit No. 49 of 1992 before the court of Munsif. The suit was eventually decreed by a judgment dated 24.4.1992 and the Court declared that the petitioner's father was dead.2. The petitioner's date of birth is 1.6.1979. Upon reaching the age of 18 years, the petitioner moved an application for an appointment on compassionate ground. Subsequently, in the year 1999, another application was moved. The petitioner's request for an employment was rejected by an order dated 28.1.2000. Consequently, the present pe...
Rajya Karmchari Sahkari Awas Samiti Limited, Through Its Secretary Vs. ...
Court: Allahabad
Decided on: Jan-10-2005
Reported in: 2005(2)ESC1202; (2005)1UPLBEC939
Arun Tandon, J.1. Heard Sri Jai Karan Nath Mishra on behalf of the petitioner and Sri G.K. Singh, holding brief of Sri B.N. Singh on behalf of respondent No. 3. 2. Counsel for the respondent No. 3 states that he does not propose to file any counter affidavit and the writ petition be decided on the basis of the allegations made in the writ petition itself.3. Bharat Sanchar Nigam Limited filed Original Suit No. 683 of 2003 for recovery of certain outstanding bills against the defendant namely Rajya Karmchari Sahkari Awas Samiti Limited, Moradabad. From the record it is established that summons in respect of the aforesaid suit proceedings were served upon the defendant on 11th December, 2003. The defendant, however, failed to file the written statement within the time specified and the case was directed to proceed ex parte against the defendant vide order dated 1.5.2004. The defendant filed an application for recall of the order dated 1.5.2004 and on other application dated 27.5.2004 for ...
Anoop Kumar Son of Sri Surendra Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-10-2005
Reported in: 2005CriLJ2775
Ravindra Singh, J.1. Heard Sri Arun Kumar Srivastava and Sri H.V. Shastri learned counsel for the petitioner and learned A.G.A.2. This petition has been filed against the order-dated 4.9.2004 passed by learned Judicial Magistrate, Nazibabad, district Bijnor, whereby final report was accepted and the order-dated 23.12.2004 passed by the learned Sessions Judge, Bijnor in Criminal Revision No. Nil of 2004 whereby the revision filed by the petitioner was dismissed. It is contended by learned counsel for the petitioner that the petitioner has lodged the F.I.R., which was investigated by the police. After completion of the investigation final report was submitted by the I.O. Against that final report notice was issued to the petitioner by the learned Magistrate, but he did not filed protest petition in the court concerned. Thereafter, the learned Magistrate accepted the final report only on the ground that the petitioner did not appear in the court to file protest petition against the final ...
Dr. (Smt.) Madhulika Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-10-2005
Reported in: 2005(3)ESC1616
1. The U.P. Higher Education Services Commission recommended the name of the petitioner for appointment to the post of Principal under Section 13 of the Uttar Pradesh Higher Education Services Act, 1980 (hereinafter referred to as the 'Act'). On the basis of the recommendation made by the Commission, the Director of Education (Higher Education) sent a communication dated 3.6.2002 to the Secretary/Manager of the Mihir Bhoj Manila Degree College, Dadri, Gautam Budh Nagar (hereinafter referred to as the 'College') intimating that an appointment order in favour of the petitioner may be issued. A copy of the letter was also sent to the petitioner. It has been stated in paragraph 4 of the petition that the Manager of the aforesaid College refused to issue the appointment letter to the petitioner and in paragraph 5 of the petition it has merely been stated that thereafter the petitioner approached the Director of Education (Higher Education) for his grievances. It has then been stated that th...
Cwt Vs. Masood Halim
Court: Allahabad
Decided on: Jan-10-2005
Reported in: [2005]147TAXMAN613(All)
ORDERBy the Court The Income Tax Appellate Tribunal, Allahabad, has referred the following questions of law under section 27(3) of the Wealth Tax Act, 1957 ('the Act) for opinion to this Court:'Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct, in law in directing the computation of the value of the residential property in accordance with rule IBB of the Wealth-tax Rules, which came into force on 1-4-1979?'2. The reference relates to the assessment year 1974-75.3. Briefly stated, the facts giving rise to the present reference are as follows :The respondent-assessee is an individual and owns certain immovable properties including House No. 101/59, Ahata Gammu Khan, Kanpur, which was occupied by the respondent-assessee for his residence. The valuation as disclosed by the respondent-assessee was not accepted by the Wealth-tax Officer who raised it to Rs. 45,700. However, in appeal; the Appellate Asstt. Commissioner has given the benef...
Cit Vs. Electra India Ltd.
Court: Allahabad
Decided on: Jan-10-2005
Reported in: [2005]147TAXMAN595(All)
ORDERBy the Court The Income Tax Appellate Tribunal, Delhi 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 the Tribunal was legally correct in deleting the addition of Rs. 12,072 made by the Inspecting Asstt. Commissioner in view of the provisions of section 40A(5)(c) of the Income Tax Act, 1961.'2. Briefly stated the facts giving rise to the present reference are as follows:The reference relates to the assessment year 1982-83. The respondent-assessee is a private limited company. An addition of Rs. 12,072 was made by the learned assessing officer which represented the value of perquisites provided to the three directors. The assessing officer was of the opinion that perquisites exceeded 1/5th of the salary paid to each one of them and therefore the excess was disallowed applying the provisions of section 40A(5)(c) of the Act. The addition was deleted by the CIT(A) which o...
Committee of Management, Vidyawati Higher Secondary School and anr. Vs ...
Court: Allahabad
Decided on: Jan-07-2005
Reported in: 2005(1)AWC927; 2005(2)ESC847
Arun Tandon, J.1. Heard Sri Ratnesh Kumar Pandey, advocate on behalf of the petitioner, standing counsel on behalf of respondent Nos. 1 and 3 and Sri D.N. Pandey, advocate on behalf of respondent No. 2.2. Vidyawati Higher Secondary School, Shahpur, district Azamgarh, is a society duly registered under the Societies' Registration Act, 1860. The said society has established an institution in the name and style Vidyawati Inter College, Shahpur, Sarain, district Azamgarh. Sri Sadanand Tiwari claiming himself to be the Secretary of the said Society has filed this writ petition against the order dated 4.12.2003, passed by the Assistant Registrar Firms, Societies and Chits, Azamgarh Region, Azamgarh, respondent No. 1, whereby the Assistant Registrar has rejected the representation made by the petitioner and has directed that the list of office bearers be registered for the year 2003-04 in pursuance of the elections which had taken place on 2.3.2003.3. The aforesaid elections dated 2.3.2003 we...
Om Prakash Verma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-07-2005
Reported in: (2005)1UPLBEC774
V.K. Shukla, J.1. Brief facts giving rise to present writ petition is that in the district of Moradabad, there is a recognized institution known as Lal Bahadur Shastri Smarak Inter College, Sultanpurdost, Thakurdwara, Disrict Moradabad. The said institution is covered by the provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder. The institution in question is in the grant-in-aid list of the State Government and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 as well as U.P. Act No. 5 of 1982 are applicable to the said institution. In the institution concerned, Om Prakash Verma was appointed as Assistant Teacher in the institution concerned on 1.7.1968, and at that point of time, his qualification was Intermediate and B.T.C., and subsequently he acquired Post-Graduate qualification. One Ram Swaroop Singh was appointed as Assistant Teacher in the said institution on 1.9.1976,...
Committee of Management of Janta Purva Madhyamik Vidyalaya and anr. Vs ...
Court: Allahabad
Decided on: Jan-07-2005
Reported in: 2005(1)ESC720
Arun Tandon, J.1. Heard Sri K.P. Tiwari Advocate on behalf of the petitioner, Sri P.N. Saxena Senior Advocate, assisted by Sri H.P. Shukla Advocate on behalf of respondent No. 5, Sri K.C. Shukla Advocate on behalf of respondent No. 4 and Standing Counsel on behalf of respondent Nos. 1, 2, 3 and 6.2. Janta Purva Madhyamik Vidyalaya Argupur, Shahganj, Jaunpur is a society duly registered under the Societies Registration Act. The said society has established an institution in the name and style 'Janta Purva Madhyamik Vidyalaya Argupur, Shahganj, district Jaunpur'.3. There was a dispute with regards to the office bearers of the Society. Under the orders of this Court dated 22.4.1996 passed in Writ Petition No. 8774 of 1996 the contesting parties were directed to approach the Assistant Registrar Firms, Societies and Chits who in turn was directed to either decide the dispute, himself or refer the matter for adjudication to the Prescribed Authority under Section 25 (1) of the Societies Regis...
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