Allahabad Court February 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mukesh Chandra Srivastava and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-02-2005
Reported in: 2005(2)ESC973
A.N. Varma, J.1. Under challenge in the instant writ petition is the order dated 28.9.2004 whereby the date fixed for verification of the certificate of diploma holders, who had completed their apprenticeship period with the Opposite Party No. 8, has been postponed to a future date. An objection has been raised by Sri Asit Kumar Chaturvedi, learned Counsel for the opposite parties on the question of maintainability of writ petition on the ground of availability of alternative remedy. According to him, against the order impugned in the writ petition, the petitioners have a remedy before the Central Administrative Tribunal.2, Learned Counsel for the petitioner, Sri C.B. Pandey submitted that an apprentice, Jaideep Shukla alongwith few others approached the Central Administrative Tribunal against the impugned order but the Tribunal vide judgment and order dated 20.12.2004 dismissed the original application, against which they approached this Court in Writ Petition No. 36 (S/B) 2005 whereb...
Commissioner of Income-tax Vs. U.P. Electronic Corporation Ltd.
Court: Allahabad
Decided on: Feb-02-2005
Reported in: (2006)201CTR(All)331; [2005]276ITR45(All)
1. The Income-tax Appellate Tribunal, Allahabad, 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, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in allowing the relief on account of depreciation on capital expenditure on the cost of machinery and plant used for carrying out research and development ?' 2. The reference relates to the assessment year 1982-83.3. Briefly stated the facts giving rise to the present reference are as follows :4. The respondent/assessee is a Government of U. P. undertaking and has been set up with the basic object of promoting and developing electronic industries in the State of U. P. In the beginning it set up a factory at Allahabad and Lucknow to manufacture black and white T. V. sets. With effect from April 1, 1987, the State Government created certain separate Corporations. The factories owned by th...
Commissioner of Income-tax Vs. H.K. Anand
Court: Allahabad
Decided on: Feb-02-2005
Reported in: [2005]276ITR296(All)
1. 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 the opinion to this court :'Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was legally correct to hold that there was no obligation on the assessee to disclose the income which arose to his wife and so the assessments could not be reopened under Section 147(a) of the Income-tax Act, 1961 ?' The reference relates to the assessment years 1978-79, 1980-81 to 1982-83.Briefly stated the facts giving rise to the present reference are as follows : The respondent-assessee is assessed under the Income-tax Act in the status of an individual. He was a partner in the firm--M/Sarang Products, representing his Hindu undivided family as its karta. His wife, Smt. Prabha Anand was also a partner in that firm. In the return of income filed by the respondent he had not declared the share income ...
Som Dutt Builders Limited Through Its Authorised Attorney, Shri B.K. B ...
Court: Allahabad
Decided on: Feb-02-2005
Reported in: AIR2005All234; 2005(2)AWC1711; 2005(3)ESC1939
Vineet Saran, J.1. A Nazul plot No. 10, Block 15, Civil Lines, Kanpur measuring 6910 Sq. meters had been put to auction by the Kanpur Development Authority on 28.4.1987. The bid of the petitioner for Rs. 6.10 Crores was highest and had been accepted. Thereafter an agreement was executed between the petitioner and Kanpur Development Authority on 11.6.1987. The said document was executed on a stamp paper of Rs. 7/- only. After seven years, in October, 1994 Kanpur Development Authority sent a complaint to Additional District Magistrate (Finance & Revenue), Kanpur Nagar (A.D.M. (F & R)) Respondent No. 3, along with a photo copy of the agreement dated 11.6.1987 stating that the said document had been under-stamped and proceedings may be initiated against the petitioner under the provisions of Indian Stamps Act for not paying appropriate stamp duty. In response, on 31.10.1994 the Respondent No. 3 A.D.M. (F & R) wrote to the Kanpur Development Authority and summoned the original agreement dat...
Cwt, Meerut Vs. Meerut Race Club
Court: Allahabad
Decided on: Feb-02-2005
Reported in: [2005]148TAXMAN493(All)
ORDERThe Income Tax Appellate Tribunal, New Delhi, has referred the following questions of law under section 27(3) of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act') for opinion to this Court:'1. Whether on the facts and circumstances of the case, the Tribunal was legally justified in holding that the order of the Appellate Assistant Commissioner annulling the assessment?2. Whether on the facts and circumstances of the case, the Tribunal was legally justified in not pronouncing the decision on merits of the case?'2. The reference relates to the assessment years 1979-80 to 1982-83.3. Briefly stated the facts giving rise to the present reference are as follows:The respondent-assessee is a Society registered under the Societies Registration Act and is running a race club at Meerut. Its claim was that it was an association of persons and under the Act an association of persons is not an assessable entity. The contention was not accepted by the Wealth-tax Officer. Feeling ag...
Cit Vs. Allied Constructions Co.
Court: Allahabad
Decided on: Feb-02-2005
Reported in: [2005]146TAXMAN734(All)
ORDERThe Income Tax Appellate Tribunal, Allahabad 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, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding that the assessee is an industrial undertaking' within the meaning of section 32A of the Income Tax Act, 1961 and therefore investment allowance was allowable to the assessee?'2. The Reference relates to the assessment year 1982-83.Briefly stated the facts giving rise to the present Reference are that the respondent derived income from execution of one contract job and claimed deduction of investment allowance under section 32A of the Act. However, the assessing officer did not allow any investment allowance as he was of the view that the respondent is not an industrial undertaking as per the provisions of the Act. The CIT(A) had allowed the claim of the assessee for investmen...
Committee of Management, Nityanand Ved Mahavidyalaya, Through Its Mana ...
Court: Allahabad
Decided on: Feb-01-2005
Reported in: 2005(2)AWC1720; 2005(2)ESC874; (2005)1UPLBEC806
Arun Tandon, J.1. These are three writ petitions in respect of the same society and the institutions managed by it.2. Heard Sri R.S. Maurya Advocate on behalf of the Committee of Management with Sri Raghuvansh Pandey as its Manager, Dr. R.K. Srivastava Advocate on behalf of the Committee of Management with Sri Anant Prasad Gupta as the Manager, Sri V.K. Upadhyaya Advocate on behalf of Banaras Hindu University and Sri Anil Tiwari on behalf of Sampurnanand Sanksrit University.3. Ved Vidyalaya and Dayanand High School, Banaras was registered as a society under the Societies Registration Act on 11.3.1913. The name of the said society was changed and it was duly registered with the changed name of Arya Vidya Sabha, Kashi on 21.9.1918. it is not in dispute between the parties that the election for office bearers of the society are to be held in accordance with the provisions of the registered bye-laws of the society. It is also not in dispute that the office bearers elected in respect of the...
Ashok Kumar Singh Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Feb-01-2005
Reported in: 2005(1)ARC616; 2005(3)AWC2114
Anjani Kumar, J.1. Heard learned Counsel appearing on behalf of the parties.2. The petitioner aggrieved by an order passed by the appellate authority under the provisions of the U.P. Act No. 13 of 1972, (In short 'the Act'), approached this Court by means of present writ petition under Article 226 of the Constitution of India, whereby the application which was filed by the petitioner during the pendency of the appeal. This appeal was filed in the year 1999. The application was filed by the petitioner for amendment in the written statement on the ground that certain subsequent facts are necessary to be brought on record by way of amendment. This application is rejected by the appellate authority. This application filed by the petitioner has been objected to by the landlord on the ground that the application is ma/a fide and any subsequent facts can always be brought by means of an affidavit as evidence even at the appellate stage and in case the amendment is allowed, it will delay in th...
Ram Baran Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-01-2005
Reported in: 2005(2)ESC864
V.C. Misra, J.1. Sri Ram Chandra, learned Counsel for the petitioner and Sri S.K. Rai, learned Counsel for the respondents are present.2. This writ petition has been filed challenging the Order refusing disability pension to the petitioner by the respondents after he was invalidated out of service w.e.f. 21.2.1985 on the ground of suffering from the disease 'Schizophrenia-295*' under Rule 13 (3) (iii) of the Army Rules, 1954 (hereinafter referred to as 'the Army Rules').3. The case of the petitioner in brief is that he was enrolled in the Regiment of Artillery in the Army on 21.12.1979. At the time of recruitment in the Indian Army, he had to go through strenuous test for physical standard as per the Army Rules and was found completely fit. Thereafter he was subjected to thorough medical examination by the competent Board of Medical Officers by means of various medical tests and in their technical expression, the petitioner was placed as 'SHAPE' i.e. I-class in every parameter for test...
Rajesh Kumar Srivastava Vs. A.P. Verma and ors.
Court: Allahabad
Decided on: Feb-01-2005
Reported in: AIR2005All175; (2005)2UPLBEC1813
ORDERSunil Ambwani, J.1. The proceedings in this contempt petition were initiated, to enforce and to monitor the orders passed by Hon'ble Supreme Court in D. K. Joshi v. State of U.P., (2000) 5 SCC 80, by which the Supreme Court had taken notice of the distressing situation of public health in the State of U.P. and inaction of the State Government to stop the menace of the unqualified and unregistered medical practitioners proliferating all over the State. The Supreme Court had directed to Secretary, Health and Family Welfare Department. State of U.P. to take all necessary steps to stop the unqualified and unregistered medical practitioners in carrying on the medical profession and the District Magistrates and the Chief Medical Officers were directed to identify within a time limit to be fixed by the Secretary, Health and Family Welfare Department, all the unqualified and unregistered medical practitioners and to initiate legal action against these persons immediately. The Secretary wa...
- ‹ Prev
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 19
- 20
- Next ›
- Last »