Allahabad Court May 2005 Judgments
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The Commissioner of Wealth Tax Vs. C.M. Ghosh Trust
Court: Allahabad
Decided on: May-05-2005
Reported in: (2005)199CTR(All)47; [2005]279ITR346(All)
Rajes Kumar, J.1. The Income Tax Appellate Tribunal, Allahabad has refened the following question under Section 27(1) of the Wealth-tax Act (hereinafter referred to as 'Act') relating to the assessment years 1970-71 to 1976-77 for opinion to this Court:'Whether on the facts and in the circumstance!) of the case, the Tribunal was in error in concluding that there was no failure on the part of the assessee to disclose material facts and in holding that proceedings taken under Section 17(1)(a) of the Wealth-tax Act were not valid?'2. The brief facts of the case are as follows:The assessee/opposite party (hereinafter referred to as 'assessee') is a trust and was created by late Shri Chintamni Ghosh under a registered deed dated 24th July. 1924. In the said deed the provision for descendants and other relatives of the settler for charity and for due performance of the worship of the family deity was made. The deed of trust sets out the names of different beneficiaries and the extent of the ...
Rajesh Kumar Son of Late Sri Panna Lal Vs. Central Administrative Trib ...
Court: Allahabad
Decided on: May-05-2005
Reported in: 2005(3)ESC2070
M.K. Mittal, J.1. This petition has been filed against an order dated 26.9.20O3 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, whereby the original Application No. 1242 of 2001 filed by Rajesh Kumar the present petitioner, has been dismissed.2. The facts as mentioned in the petition, in brief are that the father of the petitioner was working as watchman of 24, E.D. A.F.S. Manauri, Allahabad, for the last 27 years. He died on 4th July 1999 during his service tenure at Allahabad. At the time of the death of the petitioner's father, he was living with his two sisters. The mother of the petitioner had already died in the year 1997. The petitioner's two elder brothers are married and living separately., They are petty daily wage earners (Mazdoors). The petitioner was studying at the time of the death of his father. Now he has also the responsibility of marrying his two sisters, who are living with him. The petitioner is not working anywhere and his family is with...
Brij Bhushan Singh Son of Sri Satya NaraIn Singh, Vs. Regional Higher ...
Court: Allahabad
Decided on: May-05-2005
Reported in: (2005)2UPLBEC1690
1. The appeal is taken up and summarily disposed of.2. Allegations in the stay petition cannot he taken to be admitted as we have not called for any counter affidavits.3. The appellants are three class-Ill employees whose selection by the Selection Committee has been challenged by the Committee of Management of the College concerned in a writ application. The judgement impugned before us was passed in the writ matter by the Hon'ble Mr. Justice Sunil Ambwani on the 24th March 2005. By that order his Lordship has disapproved of the conclusions drawn by the Regional Higher Education Officer in his order dated 6.12.1996 which have the effect of validating the selection of the appellants.4. There have been a lot of litigation in the past, but the point of controversy, which arises before us is short and simple.5. The college concerned is affiliated to the Gorakhpur University. The University statute, framed under the Uttar Pradesh State Universities Act, 1973 sets out in Statute 25.06, the ...
Commissioner of Income-tax Vs. Shiv Oil and Dal Mill
Court: Allahabad
Decided on: May-05-2005
Reported in: [2006]281ITR221(All)
1. The Income-tax Appellate Tribunal has referred the following question of law under Section 256(1) of the Income-tax, 1961 (hereinafter referred to as 'the Act'), relating to the assessment year 1987-88 for opinion to this Court :Whether, on the facts and in the circumstances of the case, the Tribunal was right in law to hold that the activity of purchase and refining of the oil amounted to manufacturing or processing of goods and that the assessee was entitled to deduction under Sections 80HH and 80I in respect of that activity as well 2. The brief facts of the case are that the assessee-respondent (hereinafter referred to as 'the assessee') firm derived income from the business of extraction of oil from oil seeds and partly of refining oil from oil purchased from the local market. The assessee filed its return of income for the assessment year 1987-88 declaring income of Rs. 4,67,870 and has claimed deduction under Sections 80HH and 80I of the Act. The assessing authority made an a...
Mohammad Inam Ahmad Son of Sri Mohammad Ikram, Proprietor, Maharaja Me ...
Court: Allahabad
Decided on: May-04-2005
Reported in: 2005CriLJ4187
K.N. Ojha, J.1. Instant application has been moved by accused Mohd. Inam Ahmad under Section 482 Cr.P.C. to quash the order dated 2.2.2002 and 19.8.2002 whereby the Additional Chief Judicial Magistrate, Court No. 7, Aligarh, summoned the applicant and subsequently issued non-bailable warrant in Criminal Case No. 1342 of 2001, Rajendra Kumar Varshaney v. Mohd. Inam Ahmad, under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the Act). 2. Heard Sri M.P.S. Chauhah, learned counsel for the applicant, Mohd. Inam Ahmad, learned AGA and Sri S.P. Singh, learned counsel for the O.P. No. 3, Rajendra Kumar Varshney. 3. The fact as revealed from the record is that according to O.P. No. 3, Rajendra Kumar Varshney, two cheques Nos. 085194 and 085195 dated 12.11.2000 amounting to Rs. 29,953.75 and Rs. 50,000/- payable at Branch of Vijiya Bank, 13/6, G.T. Road Aligarh, were issued by the applicant Mohd. Inam Ahmad in favour of O.P. No. 3. Rajendra Kumar Varshney, in the course...
Smt. Indira Devi W/O Sri Kamla Kant Yadav Vs. the State of U.P. Throug ...
Court: Allahabad
Decided on: May-04-2005
Reported in: 2005(3)AWC2879
Rajes Kumar, J.1. By way of present writ petition, petitioner has Challenged the appellate order dated 01.03.2004, annexure-4 and order dated 08.10.2004 annexure passed by the respondent No. 1 and the citation dated 24.02.2003.2. Brief facts of the case are that under the new Excise Rules namely U.P. Excise (Settlement of Licenses for retail sale of country liquor) Rules 2002 (hereinafter referred to as 'Rules, 2002) Settlement of country liquor shops of the district Allahabad for the Excise year 2002-03 took place under the supervision of the respondents No. 3 and 4. Under Rule, 2002 country liquor shop at Nawabganj district Allahabad was settled by lottery in favour of the petitioner in which Mahesh Chandra Pandey was also one of the co-licencee. The shop was allotted on the application of the petitioner and intimation in this regard was given on 26 03.2002 In pursuance of the aforesaid intimation petitioner deposited basic licence fee at Rs. 78,000/-, security money at Rs. 63,960/-....
Arun Prakash, Additional Chief Judicial Magistrate, Northern Railway a ...
Court: Allahabad
Decided on: May-04-2005
Reported in: 2005(4)AWC3525
1. List revised. 2. None present on behalf of the petitioners. 3. Learned Standing Counsel present. 4. This petition was filed by Arun Prakash and P.K. Misra, the then Additional Chief Judicial Magistrate, Northern Railways, Aligarh and Allahabad respectively, against the Chairman, Railway Board, and other Railway authorities, praying for issuing a writ in the nature of mandamus directing the aforesaid, authorities to issue Card Pass First Class 'A' of Indian Railway and also other privileges passes and PTOs as admissible under law and as provided in Schedules I and II of the Rules and also to quash orders dated 12.4.1993 and 28.1.1998 (Annexure Nos. 9 and 10 respectively). 5. By means of the aforesaid impugned orders the request of the petitioners for issuing Card Pass First Class 'A' along with family members was refused. 6. The Division Bench of this Court earlier passed order by means of interim order dated August 16, 1993, which reads :- ''Heard Sri Sandeep Mookerjee, learned coun...
Malviya Chemicals and Pharmaceuticals Private Limited, Through Its Man ...
Court: Allahabad
Decided on: May-04-2005
Reported in: [2005]141STC194(All)
Rajes Kumar, J.1. These two revisions under Section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') are directed against the order of Tribunal dated 23.07.1996 relating to the assessment years 1992-93 both under the U.P. Trade Tax Act and Central Sales Tax Act. 2. Brief facts giving rise to the present revisions are that the applicant is a Private Limited Company incorporated under the Indian Companies Act, 1956 having its registered office at B-67, South Extension, Part-II, New Delhi and the factory at plot No. 34-A/2, Site No. 4, Sahibabad in the district Gluziabad. Applicant was engaged in the business of manufacture of bulk drugs. Applicant was granted eligibility certificate under Section 4-A of the Act under notification No. ST-II-1093/XI-7(42)-86-U.P. Act-XV/48-Order-91, dated 27.07.1991 for the expansion undertaken by the applicant to manufacture paracetamole, which is bulk drug. The exemption was granted to the extent of 125% of the fixed capital investment, invest...
State of U.P. Through the Executive Engineer Moosa Khand Dam Division ...
Court: Allahabad
Decided on: May-04-2005
Reported in: [2006(106)FLR220]
D.P. Singh, J.1. Heard counsel for the parties.2. This writ petition is directed against the Labour Court award dated 3.6.1995 whereby the claim of the respondent workman has been accepted and relief of reinstatement with back wages has been granted.3. It appears that the respondent workman was working on daily wage basis in the Irrigation Department of the State of U.P.4. The case as set up before the Labour Court was that since August, 1987 he was working as such but when he made a claim for regular wages therefore his services were ceased. This dispute could not be resolved by the Conciliation Officer as such on a failure report, the dispute was referred under Section 4K of the U.P. Industrial Disputes Act which was registered as Adjudication Case No. 173 of 1992 by the Labour Court, Variansi. The parties filed their written statement and the workman also made his oral statement before it. The representative of the petitioner did not appear after filing of its pleadings, thus the La...
Sher Singh Son of Sri Sarvan Vs. the State of Uttar Pradesh and Compan ...
Court: Allahabad
Decided on: May-04-2005
Reported in: 2005(3)ESC2049
Anjani Kumar, J.1. The petitioner, Sher Singh, who was selected for training for the post of constable in PAC, as alleged by the petitioner, aggrieved by the action of the respondents in not permitting the petitioner to join the training on the ground that before entering into the process of selection for training, the petitioner had to fill in the form giving informations to which the petitioner has personal knowledge, but the petitioner gave wrong information regarding the query as to whether the petitioner had ever been involved in any criminal cases, which the petitioner had denied, approached this Court by means of present writ petition under Article 226 of the Constitution of India.2. On a query, the respondents found that the petitioner was in fact involved in a criminal case and the petitioner has given incorrect information in the form of the affidavits because of that the petitioner was not found to be a fit person to allow him to join the training for the post constable in P...
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