Allahabad Court March 2005 Judgments
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Major S.N. Tripathi Vs. Election Commission of India and ors.
Court: Allahabad
Decided on: Mar-24-2005
Reported in: 2005(3)AWC3062
A.N. Varma, J.1. This is an election petition filed by the petitioner under the provisions of Section 81 of the Representation of People Act, 1951 (to be hereinafter referred to as the Act), calling in question the election of the returned candidate, respondent No. 4 from 16 Lucknow Parliamentary Constituency Lucknow. Apart from the returned candidate, the petitioner has impleaded the Election Commission of India through Chief Election Commissioner, Union of India through Secretary Ministry of Law and Justice New Delhi, Returning Officer 16 Lucknow Parliamentary Constituency Lucknow, and the B.J.P. (Bhartiya Janta Party), through President, Resident of Ashok Road New Delhi as respondent No. 4.2. Major S. N. Tripathi (Sheshmani Nath Tripathi), an elector of the said Constituency, has filed the election petition on variety of grounds. Except respondent No. 4 no one has appeared on behalf of the rest of the respondents to contest the election petition despite notice to them.3. According t...
State of U.P. and ors. Vs. D.P. Gupta and anr.
Court: Allahabad
Decided on: Mar-24-2005
Reported in: 2005(4)AWC3526
Pradeep Kant and N.K. Mehrotra, JJ.1. This petition, by the State, has been filed challenging the judgment and order passed by the State Public Services Tribunal dated 31st March, 1994, by means of which the claim petition preferred by the Private respondent challenging his order of compulsory retirement dated 24.1.1990, has been allowed. The private respondent challenged the question of validity of the order of compulsory retirement dated 24.1.1990 and also claimed fixation of salary in the revised pay scale in the years 1972, 1979 and 1986 and for the payment of arrears as well as salary for the period 29.2.1972 to 27.5.1977 with bonus for certain years along with 18% interest per annum.2. The private respondent was recruited as Constable in the Police Force in the year 1956 and was confirmed as such on 18.1.1958. He was placed under suspension with effect from 29th May, 1972, which suspension continued till 27th May, 1977, when he was given adverse entry in the year 1977. The respon...
Commissioner of Income-tax Vs. Ramala Sahkari Chini Mills Ltd.
Court: Allahabad
Decided on: Mar-24-2005
Reported in: [2005]278ITR670(All)
1. The Income-tax Appellate Tribunal, New Delhi, 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 Income-tax Appellate Tribunal, was legally correct to delete the addition of Rs. 4,32,685 holding that the Revenue has failed to prove that these deposits were in the nature of revenue receipts ?'2. The present reference relates to the assessment year 1981-82.3. Briefly stated the facts giving rise to the present reference are as follows :4. The respondent-assessee has been assessed to income-tax in the status of an association of persons. The previous year relevant for the assessment year in question ended on June 30, 1980. The respondent-assessee is a cooperative sugar mill. It has obtained a loan of Rs. 80,00,000 from the Industrial Credit and Investment Corporation of India Ltd., hereinafter referred to as 'the ICI...
Cit Vs. Shekhar Chand JaIn and Sons
Court: Allahabad
Decided on: Mar-24-2005
Reported in: [2005]146TAXMAN736(All)
P. Krishna, J. 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 opinion to this Court'Whether the ITAT was right to cancel the penalty levied under section 271(1)(a) treating the registered firm as unregistered firm in view of the provisions of section 271(2) of the Income Tax Act, while under similar circumstances penalty was held to be leviable in the case of Kalu Ram Ladha Ram v. CIT 78 ITR 136 ?'2. Briefly stated the facts giving rise to the present case are as followsThe reference relates to the assessment year 1983-84. The respondent-assessee, a partnership registered firm filed its return late with the delay of two complete months in its filing. The assessing authority initiated penalty proceeding under section 271(1)(a) of the Act. The penalty proceeding was contested by the assessee, on the plea that the tax finally assessed was less than what has been...
Cit, Agra Vs. S. Upjeet Singh Kumar, Development Officer, Lic of India
Court: Allahabad
Decided on: Mar-24-2005
Reported in: [2006]154TAXMAN68(All)
ORDERThe 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 opinion to this Court :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the assessee was entitled to deduction @ 50 per cent on the incentive bonus received from his employer the LIC ?'2. The present Reference relates to the assessment year 1987-88.3. Briefly stated the facts giving rise to the present Reference are as follows :'The respondent-assessee is a Development Officer in Life Insurance Corporation of India, Agra. He has received incentive bonus. The Tribunal has held that the amount of incentive bonus is assessable from business and not from the income of the salary.'4. We have heard Sri Shambhoo Chopra, learned standing counsel for the revenue. Nobody has appeared on behalf of the respondent-assessee.5. This court in IT Referen...
Habib Sheikh Son of Nathoo Vs. State of U.P. Through Secretary, Depart ...
Court: Allahabad
Decided on: Mar-23-2005
Reported in: AIR2005All270; 2005(3)AWC2566
Krishna Murari, J. 1. Heard Sri Y.S. Saxena, learned counsel for the petitioner and Sri Vipin Sinha for the respondent No. 3.2. Proceedings initiated by the respondent No. 3 bank for recovery of loan amount was challenged by the petitioner by filing a writ petition No. 30063 of 2004. The said writ petition was disposed of by this court vide order dated 2.8.2004 with the following directions;i) Petitioner will deposit the entire amount so payable upto 31st July, 2004 within a period of one month from today in the respondent bank.ii) After aforesaid deposit petitioner further undertakes to pay regular instalments as and when they become due in accordance with the bank schedule.iii) In the event deposits are made in the manner as indicated above, respondents will not proceed to recover any amount from the petitioner by taking any coercive process.iv) In the event the amount Is deposited as indicated above, respondent bank will not take any recovery charge.v) Tractor of the petitioner, if ...
A.H. Wheeler and Co. Pvt. Limited an Existing Company WithIn the Meani ...
Court: Allahabad
Decided on: Mar-23-2005
Reported in: 2005(4)AWC3604; 2005(3)ESC1576
B.S. Chauhan and Dilip Gupta, JJ.1. The petitioners A.H. Wheelers & Company Pvt., United and its shareholder have sought the quashing of the Commercial Circular No. 38 of 2004 dated 12.10.2004 issued by the Executive Director (C&T;) Railway Board containing the revised Book Stall Policy-2004 and a direction to the respondents to renew the licence of the petitioner No. 1 in accordance with the provisions of the Commercial Circular No. 19 of 2004 dated 1 1.6.2004.2. A.H. Wheelers have been operating the Bookstalls on the Railway Stations since 1877 and undoubtedly are the oldest in this field. In 1938 a partnership was constituted to run this business but subsequently on 31.10.1953 the firm A.H. Wheeler was incorporated as a Joint Stock Company under the Companies Act, 1913. Initially permission had been granted to it for carrying on business of selling books on the Railway Stations but later on formal agreements were entered into between A.M. Wheelers and the Railways throughout the cou...
Adhunik Shiksha and Welfare Society Through Its Secretary Smt. Nisha G ...
Court: Allahabad
Decided on: Mar-23-2005
Reported in: 2005(3)AWC2521; 2005(2)ESC1281
Arun Tandon, J.1. Heard Sri Anil Bhushan Advocate on behalf of the petitioners, Sri V. K.S. Chaudhary, Senior Advocate, assisted by Sri R.S. Maurya Advocate on behalf of respondents 2 and 3 and Standing Counsel on behalf of respondent No. 1.2. Adhunik Shiksha and Welfare Society is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The aforesaid society has established a professional college in the name and style 'R. K. Gupta Memorial Institute of Technology and Management, Agra'. It is not in dispute that at the time of inception of the society Sri R. K. Gupta, the husband of Srimati Nisha Gupta, the petitioner, was Secretary of the society. Sri R. K. Gupta, while in office, expired on 13th November, 2000 and, according to the petitioner, in his place Srimati Nisha Gupta, petitioner No. 2, was appointed as Secretary for the remaining term. The term of the elected Committee of Management was due to expire in July, 2001. According ...
Committee of Management Sri Kashiraj Mahavidyalaya Inter College Throu ...
Court: Allahabad
Decided on: Mar-23-2005
Reported in: 2005(2)ESC1522
A.K. Yog, J. 1. 'Committee of Management Shri Kashiraj Mahvidyalaya Inter College Aurai', referred to as COM, and its Manager,( Appellants No. 1 and 2 respectively, before us), have filed above intra-court Special Appeal under Chapter VIII Rule 5 Rules of the Court to assail judgment and order dated April 22, 2003 passed by learned of Single Judge, dismissing writ petition No. 544 of 2003 (Committee of Management Shri Kashiraj Mahavidyalaya Inter College and another versus Joint Director of Education, Vindhyachal Region, Mirzapur and others).2. The appellants filed above writ petition claiming following reliefs:'(i) a writ order or direction in the nature of certiorari quashing the order dated 21.12.2002 (Annexure No. 17 to this writ petition) passed by respondent No. 2.(ii) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case to meet the ends of justice.(iii) award cost of the petition to the petitioner.We may first, in brie...
Committee of Management of Philanthropic Education Society Through Its ...
Court: Allahabad
Decided on: Mar-23-2005
Reported in: 2005(3)AWC2508; 2005(2)ESC1297; (2005)2UPLBEC1836
Arun Tandon, J. 1. Philanthropic Education Society, Gaumat, district Aligarh is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The registration certificate of the said society was renewed upto 10th October, 1995. Thereafter for certain reasons further renewal of the society was neither applied for nor was granted. Sri Brij Mohan Upadhyay, petitioner No. 2, claiming himself to be the Secretary of the said society on the basis of fresh elections of the office bearers said to have taken place on 11.05.2003, filed an application for renewal of the registration of the society as well as for registration of the list of newly elected office bearers. The Deputy Registrar of the Firms, Societies and Chits, Agra, on receipt of the aforesaid papers vide notice dated 24.05.2003 required the persons mentioned in the notice to submit their objections and thereafter, by means of order dated 30.10.2003, renewed the registration certificate of...
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