Allahabad Court February 2005 Judgments
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Cit, Meerut Vs. Amrit Lal
Court: Allahabad
Decided on: Feb-14-2005
Reported in: [2006]154TAXMAN316(All)
ORDER1. The Income Tax Appellate Tribunal, New Delhi, has referred 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, on the facts and in the circumstances of the case, the ITAT was correct in law to hold that the share income of Rs. 8,845 received from M/s. Amrit Lal Subhas Chand is not includible in the assessee's income liable to tax although the issue with regard to the correct status to be adopted in the cases of sub-groups formed on partial partition of bigger HUFs is subjudice before the Hon'ble High Court, Allahabad ?'2. Briefly stated the facts involved in the present case are as under:-The present reference relates to the assessment years 1985-86 and 1984-85. A bigger HUF in the name of Kewal Krishna existed comprising of father and three sons as coparceners. A partial partition of the capital of Rs. 10,000 was made to effect on 31-3-1975. On the basis of this partial partitio...
Murari Lal Vs. Vth A.D.J. and ors.
Court: Allahabad
Decided on: Feb-11-2005
Reported in: 2005(1)ARC595; 2005(2)AWC1146
Mukteshwar Prasad, J.1. By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the Order dated 25.9.1996, passed by the revisional court in S.C.C. Revision No. 43 of 1995, Murari Lal v. Mahesh Chandra and Ors., whereby learned Additional District Judge rejected the application for amendment in the written statement moved by the defendants-revisionists.2. Heard Sri Ajit Kumar, learned counsel for the petitioner and Sri S. N. Jaiswal, learned counsel for respondent Nos. 3 and 4. At this stage, with the consent of the learned counsel for the parties, the petition is being disposed of finally.3. The controversy involved in this petition is very short. A suit for eviction of defendants and recovery of arrears of rent and damages was filed by the plaintiffs in the Court of Judge, Small Causes, Khurja (Bulandshahr). The defendants filed written statement and contested the suit on several grounds. After having heard counsel for the part...
Vedpal Singh Son of Kawal Singh Vs. Sabha Chand Son of Balwant and ors ...
Court: Allahabad
Decided on: Feb-11-2005
Reported in: 2005(3)AWC2206
S.N. Srivastava, J.1. This second appeal has its origin in the judgment and decree dated 23.3.1988 passed by the Lower Appellate Court in Civil Appeal No. 168 of 1981 whereby the judgment and decree dated 28.10.1980 passed by trial court in original suit No. 1507 of 1970 were set aside.2. It would transpire from a perusal of the record that the plaintiff instituted suit No. 1507 of 1970 for the relief of mandatory injunction for removal of constructions made in the land displayed in the plaint map i.e. land marked as A.B.C.D.E and F and in the alternative, it was prayed that in case Gher was held not being part of sale deed, a decree for Rs. 3000/- marking return of sale consideration, be passed. To be precise, the plaint allegation is that the plaintiff had purchased Gher marked as A.B.F.E.L from defendant No. 5 Dalel Singh through a registered sale deed dated 2.11.1970 of which the defendant No. 5 had delivered possession to him. Subsequently, it is claimed, the defendants 1 to 4 ere...
Committee of Management, Adarsh Inter College Through Manager/Secretar ...
Court: Allahabad
Decided on: Feb-11-2005
Reported in: 2005(2)ESC996; (2005)2UPLBEC1748
Arun Tandon, J.1. Heard Sri Govind Saran Advocate on behalf of the petitioners, Sri G. K. Singh Advocate on behalf of respondent No. 2 and the Standing Counsel on behalf of respondent No. 1.2. Adarsh Inter College, Saltawa, Gopalpur, district Basti is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. The provisions of the said act as also those of the U.P. High School and Intermediate (Payment of Salary to Teachers and other employees) Act, 1971 as well as the Regulations framed thereunder are fully applicable to the teachers and employees of the said institution. Respondent No. 2, Hari Shankar Shukla, was working as Principal of the aforesaid Intermediate College.3. The Committee of Management of the said College, on the basis of certain charges, passed a resolution dated 3rd July, 2001 where by Sri Hari Shankar Shukla was placed under suspension pending enquiry. A three member Committee was constituted for the purposes of conducting the enqu...
U.P. Co-operative Bank Employees Congress Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-11-2005
Reported in: 2005(3)ESC1994
1. Heard Sri S.K. Kalia, Sri Kapil Dev, Sri Asit Chaturvedi and Sri Sudeep Seth and learned State Counsel Sri Harsh Vardhan.2. Writ Petition No. 2570 (S/B) of 1989 has been filed by the Association of Employees viz. U.P. Co-operative Bank Employees Congress Committee of the employees working on Class III posts whereas, other writ petitions have been filed by such candidates who were selected and were allotted to particular co-operative societies for being appointed on the Managerial posts, they being selected for 'On Job Training' in terms of Regulation 5(ix) of the U.P. Co-operative Societies Employees' Service Regulations, 1975.3. For appointment to the various posts in the Co-operative Societies, the regulations have been framed which are known as U.P. Co-operative Societies Employees' Service Regulations, 1975, in exercise of powers under Sub-section (2) of Section 122 of the U.P. Co-operative Societies Act, 1965. The aforesaid Regulations, prescribe the manner and source of recrui...
Rafakat Ali Vs. Collector/Chairman, Zila Gramya Vikas Abhikaran and or ...
Court: Allahabad
Decided on: Feb-10-2005
Reported in: 2005(3)ESC1657; (2005)1UPLBEC829
Shishir Kumar, J.1. The petitioner has approached this Court for issuing a writ of certiorari quashing the impugned order dated 11,6,1993, Annexure-13 to the writ petition passed by respondent No. 1 and a writ of mandamus not to interfere in the working of the petitioner on the post of driver. The petitioner was appointed as jeep driver in Class-III to a temporary post on ad hoc basis and the appointment of the petitioner was extended from time to time. Subsequently it was found that the appointment of the petitioner was not in accordance with law by following the proper procedure, therefore, a show cause notice was given and a reply to that effect was invited from the petitioner and the same was considered and an order dated 11.6.1993 was passed terminating the services of the petitioner only on the ground that the appointment of the petitioner was without following the proper procedure and the name of the petitioner was not sponsored from Employment Exchange. Copy of the said order h...
The Union of India (Uoi) - Through the General Manager, Northern Railw ...
Court: Allahabad
Decided on: Feb-10-2005
Reported in: II(2005)ACC534; 2005(3)AWC2656
S.N. Srivastava, J.1. By means of the present second appeal, the appellant has assailed the judgment and decree dated 12.4.1973 rendered by Lower Appellate Court in Civil Appeal No. 98 of 1974 whereby the judgment and decree aforestated passed in O.S. No. 10 of 1971 M/S Hari Shanker Gauri Shanker v. Union of India was affirmed.2. It would appear that the plaintiff respondent instituted O.S. No. 10 of 1971 with the allegations that a consignment consisting of 316 boxes containing tin sheets was booked with the Railways at Tatanagar Tin Plate Siding for onward transmission and delivery to M/S Associated Industrial Corporation at Kanpur Fazalganj Goods Shed vide R.R. No. 238057 dated 9.7.1969. The goods according to the record was taken delivery of by M/S Associated Industrial Corporation at Kanpur Fazalganj Goods Shed on 22.7.1969 alongwith a certificate of damage issued by Railway Administration at Kanpur after it was noticed that some of the boxes of tin plates had become wet and ruste...
Christian Inter College Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-10-2005
Reported in: 2005(2)ESC828
Janardhan Sahai, J.1. The petitioner, Christian Inter College, is recognised under the provisions of the U.P. Intermediate Education Act. The petitioner's case set out in para 7 of the writ petition is that it has been granted recognition by the Board of High School and Intermediate Education as an institution for boys and girls both. A copy of the letter of recognition, dated 2.8,1955, has been filed by the petitioner as Annexure-1 to the writ petition. The petitioner claims that in this college boys and girls have been studying since the very beginning and have been appearing In the Board examinations without any objection of the Departmental authorities, or of the Board itself. The grievance of the petitioner is that the girl students admitted by it are not being allowed to take the 2005, examinations of the Board, and a letter, dated 21.12.2004, has been sent by the Board to the District Inspector of Schools to forward the forms of boy students alone.2. The stand in para 4 of the c...
Nirdesh Kumar Dixit and ors. Vs. Smt. Renuka Choudhury and ors.
Court: Allahabad
Decided on: Feb-10-2005
Reported in: 2005(2)ESC978
Jagdish Bhalla, J.1. Petitioners are said to be the Secretaries of 'Rastra Raksha Manch' an Association formed under 19(1)(c) of the Constitution and are Advocates by profession. They have filed the present writ petition as Public Interest Litigation seeking a writ in the nature of quo-warranto against the respondent Nos. 1 to 75 functioning as State Minister either in the Union Government or in the State of Uttar Pradesh inter alia on the ground that the Constitution does not provide for appointment of State Ministers and the third Schedule of the Constitution does not provide any separate form for the oath of office and secrecy of the State Ministers. The main reliefs sought for by the petitioners are reproduced hereunder :(i) Issue a writ, order or direction in the nature of quo warranto asking the respondents 1 to 60 to show cause as to how they are functioning as State Ministers in Union or in the State of U.P.(ii) Issue a writ, order or direction in the nature of certiorari there...
Committee of Management, Rahmania Girls Inter College and Shri Sanatul ...
Court: Allahabad
Decided on: Feb-10-2005
Reported in: 2005(3)ESC1747
Arun Tandon, J.1. Heard counsel for the parties.2. Rahmania Girls Inter College, Chandpur, P.O. Chandpur, District Bijnor is a minority institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with the approved scheme of administration. Last undisputed elections of the Committee of Management took place on 25th May, 2000. In the said elections Sri Aslam Parvez was elected as Manger. The term of the elected Committee of Management has been provided as three years under the scheme of administration.Facts3. On behalf of the petitioner it is contended that vide notification dated 30th May, 2003 fresh elections were notified to be held on 30th June, 2003. However, respondent No. 5 and 6 namely Sri Aslam Parvez and Mohd. Arif Sheikh raised objection in respect of the electoral college prepared for the elections. They contended that they are validly enrolled members and have been illegally restrained from participatin...
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