Allahabad Court December 2005 Judgments
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Chhotey Lal Dixit (D) Through L.Rs. Vs. Ist A.D.J. and ors.
Court: Allahabad
Decided on: Dec-20-2005
Reported in: 2006(74)AWC2730
S.U. Khan, J.1. This writ petition arises out of eviction/release proceedings initiated by landlord-respondent No. 3 which is described as 'Intzamiya Committee Wakf Masjid Peer Bux, Kanpur through its President' against original petitioner-tenant Chhotelal Dixit, since deceased and survived by legal representatives. The release application was filed under Section 21 of U.P. Act No. 13 of 1972 and was registered as Rent Case No. 626 of 1977 on the file of Prescribed Authority/First Additional Civil Judge, Kanpur. Petitioner was tenant in one room in the shape of Hall on the ground floor on monthly rent of rupees 6 and paisa 25. On the first floor Masjid Peer Bux is situate. According to para 3 of the release application the mosque is wakf al al khair (charitable wakf). In para 3 it is mentioned that it is public charitable trust.(Mere description is not conclusive). In the release application it was further stated that in order to fulfil the objects of the wakf premises in dispute was r...
Central Bank of India Vs. Sharad Rice Industries
Court: DRAT Allahabad
Decided on: Dec-19-2005
Reported in: I(2006)BC182
1. All these appeals have been heard analogous and are being disposed of conjointly by this judgment. The appellant in all the cases is Central Bank of India, although respondents are different, but points in issue with regard to all the cases are the same and similar as have been submitted at the very outset by the learned Counsel of both the parties.Without giving much details about factual aspect of the cases, it must be mentioned that the impugned orders in these appeals have been passed on the basis of a petition filed by the respondent-defendants under Section 22 of the DRT Act read with Rule 18 of the DRT Procedure Rules and on the basis of principle of natural justice. The taking of loans by the respondents on factual aspects had not been denied and as such without filing of reply to the original application filed in the cases, petitions were filed as mentioned above for settlement of the claims on the basis of RBI Guidelines. The appeal has arisen out of the final order dated...
Rajesh Singh and Rakesh Singh Both Sons of Late Paras Nath Singh Vs. S ...
Court: Allahabad
Decided on: Dec-19-2005
Reported in: 2006(1)AWC361
Amitava Lala and Shiv Shanker, JJ.1. Prayer has been made for the purpose of commanding the respondents not to interfere with the possession of the petitioners over their residential house situated in village Purey Dayal, Pargana Barasathi, District Jaunpur. Further prayer has also been made for commanding respondents not to interfere with the peaceful living of the petitioners as provided under the law. We have come to know the facts and circumstances of the case. One of the brothers of the petitioners namely Prem Prakash Singh @ Munna Bajrangi is the accused in a heinous crime case. According to the petitioners, the police is regularly visiting the place of the petitioners and harassing them and their mother. They are threatening to attach the property in spite of decree of the civil suit passed by Civil Judge (Junior Division), Jaunpur, in original suit No. 1014 of 2002 whereunder the petitioners' properties are separated from the accused by a decree of partition.2. The petitioners ...
Naushad Ahmad Son of Afzal Ahmad and ors. Vs. State of U.P., Through C ...
Court: Allahabad
Decided on: Dec-19-2005
Reported in: AIR2006All107
Vineet Saran, J.1. An agricultural piece of land, measuring 0.858 hectares, from Khasra No. 445, situate in village Dara Ali, District Saharanpur was purchased by the petitioners jointly for a sum of Rs. 6.5 lacs. The sale deed was executed on 18.11.2002, on which the requisite stamp duty of Rs. 65,000/- had been paid. Thereafter a complaint was made by one Mohd. Ali, Advocate on which the Sub-Registrar inspected the spot and submitted his report dated 27.12.2002. In the said report the Sub-Registrar stated that the land in question was registered as an agricultural land in the revenue records; that no construction had been made on the said land; that on one side of the land, a colony in the name of Rashid Garden was being developed; and that on the other side of the land in question, the land was being used for agricultural purposes. It had also been mentioned in the said report that the said land could be used for carving out plots for residential purposes. However, it was also repor...
Munni Lal Vs. Smt. Vimla Devi
Court: Allahabad
Decided on: Dec-19-2005
Reported in: 2006(1)AWC513
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant of the accommodation in question, which is non-residential accommodation (shop), has challenged the order passed by the lower appellate court dated 31st August, 2005 in Rent Appeal No. 1 of 2002, whereby the appellate authority dismissed the appeal filed by the petitioner-tenant, copy whereof is annexed as Annexure-'II' to the writ petition.2. The facts of the present case are that the respondent-landlord filed an application in the year 1998 under Section 21(1)(a) of the U.P. Act No. XIII of 1972, here-in-after referred to as 'the Act', for release of the aforesaid accommodation in favour of the landlord-respondent in this petition, on the ground that the landlord's son, namely Ajay Kumar is in IIIrd year B.Sc. and the landlord wants to settle her son in the business of wholesale medicines for which the accommodation in question is suitable and that the landlord h...
Kamla Kant Pandey S/O Shri Lalji Pandey Vs. State of U.P. Through Secr ...
Court: Allahabad
Decided on: Dec-16-2005
Reported in: AIR2006All92; 2006(2)AWC1503
R.K. Rastogi, J.1. This is a writ petition for quashing the orders dated 31.3.2005,16.5.2004 and 17.5.2004 passed by respondent No. 1, 5 and 6 respectively and for commanding respondent No. 1 to extend the period of lease beyond 12.3.2006 for the period during which the respondents had prohibited the petitioner from operating the lease and also commanding the respondents not to interfere in the petitioner's operation of lease dated 12.3.2003.2. The facts relevant for disposal of this writ petition are that in the year 1963-64 a notification under Section 4 of the Indian Forest Act, 1927 was issued by the State Government constituting plot No. 1 total area 2626.81 hectare of village Kanach and plot No. 366 total area 1828.79 hectare of village' Pakri (District Mirzapur) as Reserved Forest. Thereafter on 10.8.1982 a notification under Section 18(1) of the Wild Life Protection Act, 1972 was issued constituting Kaimur Wild Life Sanctuary consisting of several Van Blocks. An area of 921.8 h...
Commissioner of Income-tax Vs. Shri B.L. Garg
Court: Allahabad
Decided on: Dec-16-2005
Reported in: (2006)202CTR(All)145; [2007]289ITR218(All)
A.K. Yog and Prakash Krishna, JJ.1. These two references were heard together and are being disposed of by a common judgment as the question of law and facts are overlapping with each other. The Income Tax Appellate Tribunal has made these references under Section 256(1) of the Income Tax Act 1961 (hereinafter referred to as the Act). The following question of law has been referred in Income Tax Reference No. 25 of 1997 for the assessment year 1988 -89:-Whether scholarship given to the students of employee's of the Co. be included in the assessee 's income?2. Whereas in the Income Tax Reference No. 104 of 1995, Income Tax Appellate Tribunal, Meerut has referred the following question for the assessment year 1988-89:-Whether on the facts and in the circumstances of the case the ITAT was legally correct in confirming the order of the lower Appellate Authority by allowing scholarship to the assessee's son as exempt? 3. The facts of both the above references are identical and the Tribunal w...
Commissioner of Income-tax Vs. Sagar Mal Shambhoo Nath
Court: Allahabad
Decided on: Dec-16-2005
Reported in: (2006)203CTR(All)167; [2008]296ITR440(All)
Dilip Gupta, J.1. The Income Tax Appellate Tribunal, New Delhi has referred the following question of law under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the '1961 Act') for opinion to this Court:(i) Whether', on the facts and in the circumstances of the case, the I.T.A. T. was legally correct to direct making of two assessments for the period 8.10.1981 to 31.7.1982 and 1.8.1982 to 26.8.1982 separately? 2. The reference relates to the assessment year 1983-84. The respondent-assessee is a registered firm by the name of M/s. Sagar Mal Shambhoo Nath, Garh Road, Hapur, (hereinafter referred to as the 'firm'). It was constituted by the deed dated 29.10.1974 and originally had three partners namely Sri Raj Kripal (son of Smt. Brahma Devi), Smt. Brahma Devi (mother) and Sri Sunil Kumar (son of Sri Raj Kripal). It was claimed that the firm was dissolved by the deed dated 31.7.1982 and on 1.8.1982 a new partnership deed was drawn consisting of all the three partners...
Ram NaraIn Gupta Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-16-2005
Reported in: 2006FAJ222
R.K. Rastogi, J.1. This is a revision against the judgment and order dated 16.12.1986 passed by Sri Brahma Singh, then learned 1stAddil. Sessions Judge, Allahabad in Criminal Appeal No. 25 of 1986, Ram Narain Gupta v. State of U.P. and Anr.2. The facts relevant for disposal of this revision are that on 24.10.1981 at about 3 P.M. a sample of buffalo milk was taken from accused revisionist and it was sent to the Public Analyst for examination and after examination the milk was found adulterated. A complaint was filed against the accused and he was summoned.3. The complainant Food Inspector Sri G.P. Astana examined himself as P.W. 1 and narrated the entire complaint case on oath. SriO.P. Srivastava was examined as P.W.2 and Lalit Mohan Srivastava, Khadya Lipik was examined as P.W.3. The accused in his statement under Section 313 Cr. P.C. admitted that the sample of milk was taken from his shop but asserted that it was taken from kettle of tea. No defence evidence was produced by the accus...
Shashi Kant Gupta Vs. State of U.P.
Court: Allahabad
Decided on: Dec-16-2005
Reported in: 2006FAJ129
ORDERVinod Prasad, J.1. The present revision has been filed by the revisionist Shashi Kant Gupta against the impugned judgment and order dated 17.4.1985 passed by First Additional Sessions Judge, Jhansi in Shashi Kant Gupta v. State of U.P. Criminal Appeal No. 308 of 1984; decided on 17-4-1985, under Section 7/16 Prevention of Food Adulteration Act, P.S. Garotha, district Jhansi. By the impugned judgment and order the lower Appellate Court had set aside the trial Court's order and had remanded the case back for rehearing.2. The factual matrix were that the sample of 450 grams of whole turmeric was taken by P.W. 1, O.S. Sengar, Food Inspector from the shop of the revisionist on 29.9.1981 at 3.15 P.M. after giving notice in form-6 (Ex. Ka-1). The receipt of the purchase (Ex. Ka-2), inspection note (Ex. Ka-3) and Form No. 7 (Code slip) (Ex. Ka-4) were prepared by him and purchase receipt was got signed by the revisionist at the time of taking of sample. He sealed the sample into three phi...
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