Allahabad Court October 2005 Judgments
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Hari Ram Jangre Son of Shri Babu Lal Vs. Nazir Khan Son of Nawab Khan ...
Court: Allahabad
Decided on: Oct-24-2005
Reported in: 2006(2)AWC1099
S.U. Khan, J.1. Kanhiya Lal and Babu Lal were owners of the house in dispute which was a joint family property. Plaintiff petitioner Hari Ram is son of Babu Lal. Om Prakash who appeared as plaintiff's witness is son of Kanhiya Lal. According to the plaintiff petitioner his father Babu Lal had died and Kanhiya Lal was managing the joint family properties and that Kanhiya Lal partitioned the properties in such manner that house in dispute fell in the share of plaintiff petitioner. Original respondent No. 1 Nazir Khan since deceased and survived his wife Hajjo (or Hajara) and son Akhtar Khan was tenant of the house in dispute for a very long time. It appears that he was the tenant since before partition in between Kanhiya Lal and his nephew i.e. plaintiff-petitioner. After partition petitioner sent the notice to the tenant respondent No. 1 demanding the rent and terminating the tenancy. The notice was sent on 27.9.1961. Thereafter petitioner filed suit against respondent No. 1 for evictio...
Rais Ahmad, Son of Sri Riaz UddIn Vs. the Commissioner, Allahabad Divi ...
Court: Allahabad
Decided on: Oct-24-2005
Reported in: 2006(2)AWC1496
Rakesh Tiwari, J.1. Heard learned counsel for the parties.2. This writ petition is preferred against the order of reference dated 22.11.1999 made by the Sub-Registrar I, Chail, Allahabad and orders dated 29.4.2000 and 10.9.2001 passed by the Additional Collector, Sadar, Allahabad and the Commissioner Allahabad Division, Allahabad respectively appended as Annexures 2, 3 and 5 respectively to the writ petition.3. The case of the petitioner is that one Hint Lal resident of Mundera Bazar. Allahabad was the owner of House No. X (New No. 12), Bara situate in the New Market, Bamrauli, Pargana & Tehsil Chail, Allahabad. He executed a registered sale-deed on 28.11.1994 in favour of the petitioner Rais Ahmad for a sale consideration of Rs. 3,60,000/- and paid Rs. 66,000/- as stamp duty on the valuation of Rs. 4,55,000-. The sale-deed executed was in respect of a construction said to be 45 to 50 years old consisting of 4 Kotharies 8 feet X 8 feet; one thatched (Khaprail) verandah 10 feet X 15 fee...
Noida Toll Bridge Co. Ltd. Vs. Secured Creditors of Noida Toll Bridge ...
Court: Allahabad
Decided on: Oct-24-2005
Reported in: [2007]79SCL565(All)
Sunil Ambwani, J.1. Heard Sri Naveen Sinha, Senior Advocate, assisted by Sri Vipin Sinha for the petitioner and Sri Yashvvant Verma for objector.2. This is a confirmation petition under Sections 391(1) and 394 of the Companies Act, 1956 for confirming the 'Scheme of Arrangement', between M/s. Noida Toll Bridge Company Ltd., and its secured creditors for effecting the restructuring of the debt of the petitioner company, owed to the secured creditors including Deep Discount Bond holders on the terms and conditions specified in the said Scheme of Arrangement which essentially provide for reducing the interest liability to 8.5 per cent per annum. The petitioner company is a special purpose company and is promoted by Infrastructure Leasing and Financial Services Ltd. (IL & FS) for the purpose of development, construction, operation and maintenance of the bridge across the river Yamuna connecting Delhi and Noida on a Build-Own-Operate-Transfer (BOOT) basis at a total project cost of Rs. 408....
Commissioner of Wealth-tax, (Central) Vs. Shri Bankey Lal and ors.
Court: Allahabad
Decided on: Oct-21-2005
Reported in: [2006]285ITR348(All)
Prakash Krishna, J.1. The Income Tax Appellate Tribunal, Allahabad has made a joint reference and has referred the following question of law for the opinion of this Court, under the Wealth Tax Act (hereinafter referred to as the Act) :-'Whether on the facts and in the circumstances of the case, the Tribunal was justified in applying income capitalization method on average profit for three years in valuing the cold storage in dispute and also holding that the book value of the assets is to be taken into consideration and capital in the Firm is not to be added back separately?'2. M/s. Vishwanath Seth Cold Storage and Industries, Chandpur, Jaunpur is a registered firm, consisting of 5 partners who are assessee each having 1/5th share. The dispute relates to the valuation of the 1/5th share in the said Firm for the assessment years 1975-76 and 1976-77 on the valuation date in respect of each partners who are assesses.3. The values as declared and assessed will be clear from the following t...
Radhey Shyam Son of Ram Sarup Vs. Iv Additional District Judge and ors ...
Court: Allahabad
Decided on: Oct-21-2005
Reported in: 2006(1)AWC816
S.U. Khan, J.1. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlords responded 3 to 7 on the ground of bonafide need under section 21 of UP. Act No. 13 of 1972. The release application was registered as U.P.U.B. Case No. 43 of 1979 on the file of Prescribed Authority/1st Additional Civil Judge, Aligarh. In the release application, the five landlords stated that initially Ganga Sahai, their predecessor-in-interest was the owner-landlord of the house in dispute which was let out by him to the petitioner on a monthly rent of Rs. 30/-. It was also stated that Smt. Krishna Devi, respondent No. 3 had been turned out of her husband's house on the ground that no issue was born to her and she was residing at Aligarh alongwith her mother, respondent No. 4 in a tenanted house @ Rs. 25/- per month which consisted of only a small room with common latrine bath room etc. which were shared by other tenants of adjoining rooms also. It was also stated that th...
The Commissioner of Income Tax Vs. Dr. (Miss) Chandra Kanta Rohatgi
Court: Allahabad
Decided on: Oct-21-2005
Reported in: (2006)200CTR(All)35
Prakash Krishna, J.1. The assessee respondent, a medical practioner, filed her return of Income for the assessment year 1978- 79 and 1979-80, In the return she did not include income from the property No. 16/72 Civil Lines, Kanpur. In reply to the show cause notice issued by the Income Tax Officer it was submitted by her that the said property with hospital has been irrevocably set apart and dedicated for public charitable purpose in favour of Chandra Kanta Jawahar Lal Public Charitable Trust, Kanpur on 1-4-1977. The assessee placed a copy of trust deed and other details along with the certificate under Section 12A of the Income Tax Act ( herein after referred to as the Act) before the Income Tax Officer, Kanpur in support of her case.2. The Income Tax Officer rejected the aforesaid contention of the assessee on the ground that property No. 16/72 Civil Lines, Kanpur was not transferred to the trust by means of registered deed, as required under Section 17 of the Registration Act, meani...
The Commissioner, Trade Tax Vs. S/S Shadi Ram Ganga Prasad Pvt. Ltd.
Court: Allahabad
Decided on: Oct-21-2005
Reported in: (2008)11VST465(All)
Prakash Krishna, J.1. These two revisions are directed against the common order dated 6-1-1997 passed by the Trade Tax Tribunal, Kanpur in two connected Second Appeal Nos. 201 of 1995 and 200 of 1995 for the assessment years 1987- 88(Central) and 1988- 89 (Central) The dealer opposite party is carrying on the business of manufacture and sale of Atta, Suji and Maida etc. The acceptance of books of account is not in dispute. The assessing authority on examination of books of account of the dealer opposite party rejected the claim of consignment sale to the tune of Rs. 22,71,560/- for the assessment year 1987-88 and Rs. 12,61,820/- for the assessment year 1989-90. It was held by the assessing authority that these sales were inter state sale.2. Aggrieved against the aforesaid assessment orders the dealer opposite party preferred two separate appeals before the Dy. Commissioner (appeals) Trade Tax, who allowed the appeal by a common order dated 21-3-1995 and remanded the matter to the asses...
Smt. Kubra Begum Wife of Hazi Intzar Vs. Iiird Additional District Jud ...
Court: Allahabad
Decided on: Oct-21-2005
Reported in: AIR2006All55; 2006(2)AWC1089
S.U. Khan, J.1. This writ petition arises out of SCC suit No. 272 of 1983 filed by petitioner against Bhoorey original respondent No. 3 since deceased and survived by legal representatives. Smt. Kubra Begum plaintiff and Bhoorey the defendant were first cousins in the sense that their fathers were real brothers. In the suit it was alleged that in the accommodation in dispute which is portion of a house defendant Bhoorey was tenant since 1962 as at that time it had been given on rent to him by Smt. Azizen (mother of plaintiff and aunt of defendant Bhoorey), that thereafter Smt. Kubra plaintiff-petitioner, Khatoon and Zohra filed a partition suit against Smt. Azizen, Chotey, Nanhe and Banney being O.S. No. 525 of 1962 in respect of the house of which portion in dispute is a part; that the said suit was decreed and portion in dispute came in the share of Chootey who sold it to plaintiff-petitioner Smt. Kubra Begum and thereafter she was also delivered possession of the same hence she beca...
Commissioner of Income-tax Vs. Dr. Miss Chandrakanta Rohatgi
Court: Allahabad
Decided on: Oct-21-2005
Reported in: [2005]279ITR561(All)
Prakash Krishna, J.1. The assessee-respondent, a medical practitioner, filed her return of income for the assessment years 1978-79 and 1979-80. In the return she did not include income from the property No. 16/72 Civil Lines, Kanpur. In reply to the show cause notice issued by the Income-tax Officer it was submitted by her that the said property with hospital has been irrevocably set apart and dedicated for public charitable purpose in favour of Chandra Kanta Jawahar Lal Public Charitable Trust, Kanpur, on April 1, 1977. The assessee placed a copy of the trust deed and other details along with the certificate under Section 12A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), before the Income-tax Officer, Kanpur, in support of her case.2. The Income-tax Officer rejected the aforesaid contention of the assessee on the ground that property No. 16/72 Civil Lines, Kanpur, was not transferred to the trust by means of a registered deed as required under Section 17 of the R...
Amrendra Singh Son of Late Tara Chandra Singh Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Oct-21-2005
Reported in: 2006(1)AWC917
Ashok Bhushan, J.1. Heard counsel for the petitioner, learned counsel appearing for the respondent No. 5, Sri P.N. Rai learned standing counsel appearing for the respondent No. 4 and learned standing counsel.2. By this writ petition the petitioner has prayed for quashing the order dated 22.9.2005 (Annexure-2 to the writ petition ) passed by the respondent No. 4. A writ of mandamus has also been prayed directing the respondent not to interfere in peaceful functioning of the petitioner as village Pradhan.3. Brief facts necessary for deciding this writ petition are; Petitioner contested the election of Gram Pradhan of village Murdhawa, in which he was declared elected on 28th August, 2005. The State Election Commission passed an order dated 22.9.2005 holding that the petitioner Amrendra Singh could not contest the election of the office of Pradhan because he stood disqualified on account of his conviction dated 13.6.1997 passed in Session Trial No. 43 of 1993 under Section 20 of the Narco...
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