Allahabad Court March 2005 Judgments
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Govind Prasad Son of Sri Jhinku Prasad Vs. State of U.P. Through Secre ...
Court: Allahabad
Decided on: Mar-03-2005
Reported in: 2006(1)AWC704
Arun Tandon, J.1. Heard Sri A.K. Pandey, learned counsel for the petitioner, Sri H.S. N. Tripathi, learned counsel for the respondent no. 5 and learned Standing Counsel for the respondent nos. 1 to 4.2. Petitioner, Govind Prasad, claims himself to be a member of Gram Sabha and alleges to have made a complaint in accordance with the Provisions of Rule 4 of the U.P. Panchayat Raj (Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 (hereinafter referred to as the 1997 Rule) against the Pradhan of Village-Tarkulwa Tiwari, Block Partawal, Tehsil, Sadar, Maharajganj, namely, Tabirunnisha, respondent No. 5. On the basis of the complaint so made by the petitioner a preliminary enquiry was conducted under order of the District Magistrate by an enquiry officer (Sub Divisional Magistrate), nominated by the District Magistrate under Rule 4 of the 1997 Rules. On the basis of the preliminary enquiry report submitted by.-the Sub Divisional Magistrate on 14th December, 2002, the District Magistrate ...
New India Assurance Co. Ltd. Vs. Sheilendra Kumar and ors.
Court: Allahabad
Decided on: Mar-03-2005
Reported in: 3(2005)ACC883
A.K. Yog, J.1. This is an appeal arising out of the judgment and award dated 14.8.2002 passed by the Motor Accident Claims Tribunal/Additional District Judge, Lakhimpur Kheri, thereby awarding a sum of Rs. 4,42,500/- by way of compensation to the heirs of deceased Jitendra Kumar Singh.2. A claim case was filed with the allegations that on 27.12.2000 at about 7 p.m. Jitendra Kumar Singh was going by a Maruti Van to Meerut. When he reached near village Rethani, a defective truck was standing by the side of the road and when the deceased tried to drive further by the side of the truck, Truck No. UP23/ 6696 came from opposite side, which was being driven rashly and negligently, and dashed Maruti Van being driven by Jitendra Kumar Singh, as a result of which he sustained injuries and ultimately died due to this accident.3. The claimants are wife, son and parents of the deceased. Deceased was aged about 32 years at the time of the said accident. He was a Hawaldar Clerk in the Indian Army and...
Commissioner of Income-tax Vs. Ashok Kumar
Court: Allahabad
Decided on: Mar-03-2005
Reported in: [2006]286ITR541(All)
1. The Income-tax Appellate Tribunal, Allahabad has referred the following question of law under Section 256(2) 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 deleting the addition of Rs. 1,36,911 made on the basis of books found during the course of search and seizure operation ?2. The reference relates to the assessment year 1983-84.3. Briefly stated the facts giving rise to the present reference are as follows:4. The respondent has been assessed to income-tax in the status of an individual. On January 25, 1983, a search was conducted at his residential premises. During the search certain books of account were found, out of which two books were maintained in the name of Munna Lal, the father of the respondent. Another two books were maintained in the name of Smt. Chanda Devi, deceased mother of the respondent. The books revealed that the bus...
Cit Vs. Adarsh Sheet Grih
Court: Allahabad
Decided on: Mar-03-2005
Reported in: [2006]155TAXMAN155(All)
ORDER1. 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 legally justified in confirming the Commissioner (Appeals)'s finding that the amount of subsidy received or receivable from the U.P. State Government is not deductible from W.D.V. of the various assets for the purpose of calculation of depreciation on the same ?'2. The reference relates to the assessment year 1983-84.3. Briefly, stated the facts giving rise to the present reference are as follows:The respondent-assessee is a firm and is running a cold storage. The State Government had sanctioned a capital subsidy of Rs. 1,96,300. The Income Tax Officer deducted the sum of capital subsidy of Rs. 19,300 from the written down value of various assets for the purpose of calculating depreciation. The ...
Commissioner, Trade Tax Vs. Raghubar (India) Ltd.
Court: Allahabad
Decided on: Mar-03-2005
Reported in: (2007)10VST674(All)
Rajes Kumar, J.1. These five revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') are directed against the order of the Tribunal dated July 31,1995 relating to the assessment years 1984-85,1985-86,1987-88,1988-89 and 1989-90 under the U.P. Trade Tax Act, 1948.2. Dealer/opposite party (hereinafter referred to as 'the dealer') was carrying on the business of vegetable ghee. It was sold in tin containers. It is claimed that separate price for vegetable ghee and tin containers were charged in the bill. Rate of tax of vegetable ghee was 10 per cent and tax on tin containers was four per cent. In the bill on the value of the tin containers tax at the rate of four per cent was charged and six per cent was further charged towards contingent liability refundable. In the return, dealer had deposited tax at the rate of four per cent only on the tin containers and retained six per cent which was charged towards contingent liability refundable. In the as...
Umesh Chandra Verma S/O Sri Ram Prakash Verma and ors. Vs. State of U. ...
Court: Allahabad
Decided on: Mar-02-2005
Reported in: II(2005)DMC126
K.N. Ojha, J.1. Heard Sri G.S. Chaturvedi learned Senior Counsel assisted by Sri Nikhil Chaturvedi for the applicants, Smt. Praveen Shukla learned AGA for opposite party No. 1 State of U.P. and Sri D.N.Wali learned counsel for opposite party No. 2 Arun Kumar Verma and have gone through the record.2. Instant criminal revision has been filed against order dated 10.2.05 passed by learned Addl. Sessions Judge, Fast Track Court No. 3 Agra in Sessions Trial No. 455 of 2004 State v. Shyam Verma whereby the applicants Umesh Chandra Verma, Smt. Laxmi Verma, Smt. Mohini Verma, Rishi Verma and Chanchal Verma have been summoned under Section 319 Cr.PC to face trial in Sessions Trial No. 455 of 2004 under Section 498A/304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Bah, district Agra. This Sessions Trial is already pending against Shyam Verma.3. According to the prosecution opposite party No. 2 complainant Arun Kumar Verma lodged FIR against applicants and Shyam Verma under Section 4...
Gauri Shankar Son of Ram Lagan Vs. District Judge and ors.
Court: Allahabad
Decided on: Mar-02-2005
Reported in: 2005(2)AWC1055
Rakesh Tiwari, J. 1. The petitioner has instituted the instant writ petition for a writ in the nature of certiorari quashing the impugned order dated 30.5.2001, contained in Annexure 1 to the writ petition, passed by the District Judge Chandauli- respondent No. 1 as well as order dated 8.5.2001, contained in Annexure 2 to the writ petition passed by Civil Judge, (Junior Division) Chandauli- respondent No. 2 and has also prayed for other consequential reliefs.2. Briefly stated, the facts of the case are that the petitioner filed suit No. 90 of 1994 on 3.2.1994 before the then Munsif Chandauli, district Varanasi (now district Chandauli) for a decree of cancellation of alleged registered Gift-deed dated 22.11.1983 which was allegedly executed by Smt. Kastoora Devi in favour of Ram Awadh, Ram Prasad, Ram Pratap, Vijay Ram and Trilochan- the defendant Nos. 1 to 5. The subject matter of the disputed property is plot Nos. 363, 380-A and 66 having area of 2.95 acres. The petitioner alleged tha...
U.P. State Sugar Corporation Vs. Labour Court,
Court: Allahabad
Decided on: Mar-02-2005
Reported in: 2005(2)ESC1247; (2005)2UPLBEC1777
Rakesh Tiwari, J. 1. Heard counsel for the petitioner and perused the record.2. This is an application for restoration of the writ petition, which was dismissed by me for want of prosecution on 9.1.2003. The order dated 9.1.2003 is as under: -'The lawyers have gone on lightning strike disturbing the court proceedings. List has been revised. Since none appears to press this writ petition the same is dismissed for non-prosecution. Interim order, if any, stands vacated.'3. The counsel for the petitioner submits that he could not appear due to strike of lawyers on 9.1.2003 and he had no knowledge about the order dated 9.1.2003 till 3.1.2005 when he came to Allahabad with regard to different cases of the unit and made enquiry from the Computer Section about the present case and came to know that the writ petition was dismissed for want of prosecution on 9.1.2003. He further submits that the delay was not intentional and there was no knowledge about the order and restoration application has ...
Northern India Textile Research Association Through Its Director Dr. J ...
Court: Allahabad
Decided on: Mar-02-2005
Reported in: [2005(105)FLR283]
Arun Tandon, J.1. Heard Sri Syed Ali Murtaza, learned counsel for the petitioner and Learned Standing Counsel for the respondent No. 1.2. Petitioner the Northern India Textile Research Association Section-23 Raj Nagar, Ghaziabad through its Director Dr. J.V. Rao has filed this writ petition against the order passed by the Industrial Tribunal (V) Meerut dated 4th December, 2004 in Misc. Case No. 7 of 1988 (Northern India Textile Ghaziabad v. Shri H.D. Shrama). The said order of the Industrial Tribunal reads as follows: 'Parties Present. Fixed 10.1.05 for disposal of issue No. 6.' (The petitioner has made statement that the date for decision of issue no.6 has since been postponed). 3. On behalf of the petitioner it is contended that in view of the Full Bench Judgment of this Court reported in 1997 (2) U.P.L.B.E.C. 1395 (Swarup Vegetable Products Industries Ltd., Mansoorpur, District Muzaffarnagar v. Labour Court, II At Meerut and Anr.), the Labour Court is not justified in framing a prel...
Vam Organics Chemical Ltd. (Known as Jubiliant Organics Ltd. Through M ...
Court: Allahabad
Decided on: Mar-02-2005
Reported in: (2005)2UPLBEC1504
Ashok Bhushan, J.1. Heard Sri S.S. Nigam, learned counsel for the petitioners in all the writ petitions, Sri K. Sahi learned counsel appearing for workmen and Miss. Suman Sirohi learned standing counsel.2. Counter and rejoinder affidavits have been exchanged between the parties, by consent of the parties, all the writ petitions are being finally disposed of.3. By these writ petitions, orders passed by Deputy Labour Commissioner, Moradabad Region, Moradabad making reference of an industrial dispute under Section 4-K of U.P. Industrial disputes Act, 1947 (hereinafter referred to as the Act) to Labour Court, Rampur have been challenged.4. Similar question being involved in all the writ petitions they are being decided by this common judgment. It is sufficient to order pleadings in Writ Petitions No. 27886 of 2004 for deciding the dispute raised in all the writ petitions.5. Sri S.S. Nigam, learned counsel for the petitioner raised following submission for challenging the impugned order of ...
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