Allahabad Court December 2005 Judgments
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Santosh Kumar Agrawal Vs. Viith A.D.J. and anr.
Court: Allahabad
Decided on: Dec-15-2005
Reported in: 2006(1)AWC131
Bharati Sapru, J.1. Heard Sri Sankatha Rai learned senior advocate appealing for the petitioner and Ms. M. S. Lata Krishnamurti appearing on behalf of contesting respondent.2. This case has a story to tell. There is a house situated in Ghaziabad owned by Smt. R. Balamma who is the defendant-respondent in this case. She was a Government servant who after retirement moved for Delhi for sometime and for her own house in Ghaziabad, she made the present petitioner a caretaker and permitted him to use a portion of the disputed house. The petitioner is an employee of the Jal Nigam, i.e., to say a Government employee and bureaucrat and it cannot be said that he had any dearth of the Government accommodation.3. Nevertheless the caretaker changed his mind and tried to spread all over the house in dispute by setting up a claim that he was in fact a tenant in the disputed premises. When the landlord asked the said caretaker to give back the portion in her house, instead, the caretaker filed a suit...
State of Uttar Pradesh Vs. Kundan Alias Utkarsh and Anusheel Alias Kun ...
Court: Allahabad
Decided on: Dec-14-2005
Reported in: I(2006)DMC377
M.C. Jain, J.1. Government appeal in question has been preferred by the State against judgment dated 9.6.2000 passed by the Special Judge ( Anti-Corruption Act)/Additional Session Judge, Gorakhpur in S.T. No. 567 of 1998. The accused respondents Kundan alias Utkarsh, Anushil alias Kunwar, Jagdamba Gaur and Keshav Prasad Gaur have been acquitted of the charges under Section 498A and 304B I.P.C. and under Section 3/4 of Dowry Prohibition Act. The accused respondent No. l Kundan alias Utkarsh is the husband of the deceased Minni alias Ranjita Bharti; accused-respondent No. 2 Anushil alias Kunwar is younger brother of accused-respondent No. 1; accused-respondent No. 3 Jagdamba Gaur is the mother-in-law of the deceased and accused-respondent No. 4 Keshav Prasad Gaur is her father-in-law. Criminal revision No. 1933 of 2000 has been filed by Chandrawati Gaur (informant and the mother of deceased) challenging the acquittal. We propose to decide them together.2. Broad features of the case are t...
Bhagwan Prasad Agarwal, Advocate Vs. the Commissioner of Income Tax an ...
Court: Allahabad
Decided on: Dec-14-2005
Reported in: (2006)201CTR(All)335
Prakash Krishna, J.1. Raising a short controversy, claiming interest on the amount of refund due to the petitioner under 244 of the Income Tax Act (hereinafter called as the Act), the present writ petition has been filed. A writ of certiorari has also been claimed for quashing the order dated 9.11.1989, passed by the Commissioner of Income Tax, Allahabad by which the claim of the petitioner regarding interest on the refund amount has been denied.2. Facts of the case lie in a narrow compass The officials of the Income Tax Department or) August 5, 1975 conducted search and seizure operation at the premises of the petitioner and seized the gold ornaments valuing Rs. 23,195/- as also Rs. 46006/- in cash. Pursuant thereto, the order under Section 132(5) was passed on November 1, 1985. In the summary proceedings the authority concerned was of the view that the tax liability comes more than the value of the assets seized, consequently, it ordered retention of the assets seized by the Departme...
Raghuram Grah Pvt. Ltd. Through Its Managing Director, Chandra Mohan S ...
Court: Allahabad
Decided on: Dec-14-2005
Reported in: (2006)201CTR(All)268; [2006]281ITR147(All)
Prakash Krishna, J.1. In the present petition challenge is to the legality, validity and propriety of the order passed Under Section 281B of the Income Tax Act, 1961, hereinafter referred to as the Act, by means of which the petitioner's current Account No. 28430 with the Union Bank of India, Banda Branch having balance as on 29th April, 2002 was Rs. 6,80,905/- and four DRCs (fixed deposit account nos. 7538 to 7541) in the aforesaid Bank were attached under the impugned order dated 22.12.2004, passed by the Income Tax Officer- 6 (2) Kanpur, which is Annexure-7 to the writ petition.2. Briefly stated the facts giving rise to the present petition are as follows :-Petitioner No. 1 (hereinafter called as the company) is a private limited company incorporated under the provisions of Companies Act, 1956, vide certificate of incorporation, dated 9th December, 2001 with the Registrar of Companies U.P. and Uttaranchal to carry on the business in real estate and petitioner No. 2 who is the Managi...
Road Transport Corporation Private Limited Through Its Manager Kashmir ...
Court: Allahabad
Decided on: Dec-14-2005
Reported in: 2006(3)AWC2725
D.P. Singh, J.1. Pleadings are exchanged and as such this petition is being finally disposed off under the rules of the court.2. Heard learned counsel for the petitioner and the Standing Counsel for respondent No. 1 and perused the record. None has appeared for the respondent No. 2 even though this case was taken up in the revised list on 19.9.2005 and the judgment was reserved.3. Petitioner is a company duly incorporated and is engaged in transport business having its registered Head Office at Madras and one of its Branch is situated at Saharanpur. At the relevant time, Mr. G.S. Mani was the Branch Manager at Saharanpur while the respondent workman was the senior clerk-cum-cashier incharge of accounts and the Bank account was being operated under the joint signatures of both the aforesaid persons. Two cheques for total value of Rs. 1,40,385.23 paisa was deposited in one of the accounts of the petitioner company with the Bank on 27.10.1988 and on the same day the amount was withdrawn b...
State of U.P. Vs. Amar Singh Son of Sri Total Ram
Court: Allahabad
Decided on: Dec-14-2005
Reported in: 2006CriLJ1041
Vinod Prasad, J.1. Aggrieved by the judgment and order dated 12.10.2000, passed by XII Additional Sessions Judge, Bareilly in S.T. No. 788 of 1995 State v. Amar Singh, acquitting accused respondent Amar Singh of the charge Under Section 376 IPC, the appellant State has appealed to this Court.2. The prosecution allegations were that on 17.12.1994 at about 3 P.M. Km. Roopwati daughter of the informant Tej Ram s/o Pooran Lai Jatav r/o village Mansoor Ganj, P.S. Shahi, district Bareilly had gone to mow the grass in the field. Then accused Amar Singh came out from behind from his sugar cane field caught hold of her and committed rape on her. When she cried he inserted a cloth in her mouth and ran away. Shanti Devi P.W. 2, wife of Som Pal, the younger brother of informant, was passing through nearby witnessed Amar Singh running away from the place of incident after committing the crime and she brought the victim to her house and informed about the incident to the informant, who brought the v...
Jagatguru Shankaracharya, Jyotish Peethadheeshwar, Swami Vasudevanand ...
Court: Allahabad
Decided on: Dec-14-2005
Reported in: 2006(1)AWC654
V.C. Misra, J.1. Sri V. K. S. Chaudhry, learned senior advocate assisted by Sri Pranav OJha, advocate on behalf of the petitioner and Sri G. N. Verma, learned senior advocate assisted by Sri S. O. P. Agrawal, and Dr. Madhu Tandon, advocates on behalf of the respondents have appeared.2. The facts of the case in brief are that rival claimants have been indulging in long drawn litigations from 1953 to the office of the Shankaracharya of Jyotirmath (also called Jyotish Peeth) and as time passed by their successors locked horns. The present Original Suit No. 513 of 1989 was filed by Swami Swaroopanand Saraswati for permanent injunction restraining installation ceremony of Swami Vasudevanand Saraswati as Jagatguru Shankaracharya of Jyotish Peeth which was scheduled to be held on 15.11.1989 along with consequential injunction that he may be restrained from using the 'danda', 'chhatra', 'chanwar' and 'singhasan' of the office of Shankaracharya of Jyotish Peeth. The trial court refused ex parte...
Bhagwan Prasad Agrawal Vs. Cit and anr.
Court: Allahabad
Decided on: Dec-14-2005
Reported in: [2006]282ITR189(All)
Prakash Krishna, J.Raising a short controversy, claiming interest on the amount of refund due to the petitioner under section 244 of the Income Tax Act (hereinafter called as the Act), the present writ petition has been filed. A writ of certiorari has also been claimed for quashing the order dated 9-11-1989, passed by the CIT, Allahabad, by which the claim of the petitioner regarding interest on the refund amount has been denied.2. Facts of the case he in a narrow compass. The officials of the IT department on 5-8-1975 conducted search and seizure operation at the premises of the petitioner and seized the gold ornaments valuing Rs. 23,195 as also Rs. 46,006 in cash. Pursuant thereto, the order under section 132(5) was passed on 1-11-1985. In the summary proceedings the authority concerned was of the view that the tax liability comes more than the value of the assets seized, consequently, it ordered retention of the assets seized by the department, so that in the event of liability bein...
Ally'S Packaging And Ors. Vs. State Bank Of India
Court: DRAT Allahabad
Decided on: Dec-13-2005
Reported in: I(2006)BC180
1. This appeal has been preferred against the order dated 2.12.2004 passed by the learned Presiding Officer, DRT, Allahabad, in M.A. No.14/04, whereby and whereunder the application filed by the appellants on 15.3.2004 referring the order passed by the Hon'ble Single Judge of the Allahabad High Court on 5.5.2003 in Writ Petition No. 19263/03 has been dismissed.2. There seems to be a chequered history of the case. The respondent-State Bank of India filed the original application before the DRT, Allahabad for recovery of Rs. 20,64,039.44 against the appellants and the same was registered as O.A. No. 90/01. For absence of the appellant-defendants, the original application No. 90/01 was decided ex pane by the Tribunal against the defendant Nos. 1 to 7 on 22.3.2002. On 9.9.2002, the appellants preferred a restoration petition under Section 22(2)(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter shall be referred to as the Act) for setting aside the ...
Canara Bank Vs. Tribeni Motors and ors.
Court: DRAT Allahabad
Decided on: Dec-13-2005
Reported in: 3(2006)BC120
1. This appeal has been preferred by the above named appellant-Bank against the dismissal order recorded by the then Presiding Officer, D.R.T., Allahabad of the claim of the Bank to the tune of Rs. 16, 63, 769.35 vide judgment and order dated 21st February, 2002 in T.A. No.133/ 2000.2. Originally a suit was filed in the Court of Civil Judge, Allahabad by the appellant Bank for recovery of the above mentioned sum against the defendant-respondents and on setting up of the Tribunal under the RDDBFI Act, 1993, the matter came up before the D.R.T., Allahabad and therein the original suit was re-numbered as T.A. No. 133/2000. The claim belongs to the erstwhile Laxmi Commercial Bank which was amalgamated with the appellant-Canara Bank in the year 1985 and merger was on 23rd August, 1985. The proprietary firm of defendant No. 1 having defendant Nos. 2 to 5 as partners took the loan from the Laxmi Commercial Bank in the form of inland letter of credit limit of Rs. 3.00 lacs and hypothecated li...
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