Allahabad Court May 2005 Judgments
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New India Assurance Company Limited Vs. Smt. Sughra and ors.
Court: Allahabad
Decided on: May-03-2005
Reported in: IV(2006)ACC642
Pradeep Kant, J.1. Heard the learned Counsel for the appellant Mr. M.S. Kotwal and Mr. Deepak Kumar Agarwal for the respondents.2. Smt. Islama, widow of the deceased Wahid Ali claimed for award of compensation on the death of her husband under the provisions of Workmen's Compensation Act, 1993. Smt. Islama died thereafter.3. The facts which have given rise to the present appeal are that Wahid Ali (since deceased) was working as a driver on the truck of Praveen Chandra Rastogi bearing registration No. USH 6621 and was 40 years of age at the time of the accident. Since the death had occurred during the course of employment on 26/27.12.1994, when the deceased was carrying the truck with goods loaded thereon, an F.I.R. was lodged on 27.12.1994 at 6.10 in the morning. It was claimed that the deceased was getting a salary of Rs. 2000 per month and that his family consisted of his wife Islama, one son Master Shahid Ali aged about 9 years, two daughters, Km. Shamidun aged about 4 years and Km....
Gulab Chandra and Krishna Kant Sons of Late Sri Indra Nath Vs. Ix Addi ...
Court: Allahabad
Decided on: May-02-2005
Reported in: 2005(3)AWC2830
D.P. Singh, J.1. In spite of stop order, no rejoinder affidavit has been filed.2. I have heard learned counsel for the parties on merits in this petition.3. This petition is directed against an order dated 29.4.1995 by which the objection filed on behalf of appellate court and the proceedings have been set aside and remanded for fresh auction proceedings.4. The predecessor in interest of the petitioner filed a money suit No. 63 of 1974, which was decreed on 18.10.1976 for a sum of Rs. 2270.15 paisa whereafter an execution application was filed on 4.10.1977, which was numbered as execution case No. 41 of 1977. Total land measuring 3 bigha, 10 biswas and 11 dhoor was allegedly attached and sold in a court auction on 20.11.1978 wherein the decree holder himself was the highest bidder for a sum of Rs. 2325/- and after adjustment of decretal amount he deposited Rs. 54.85 paisa with the Court Amin. The sale was confirmed on 23.12.1978 and a sale certificate was also issued.5. An application ...
Heera Lal Wattal and anr. Vs. Jagdish Narayan Srivastava
Court: Allahabad
Decided on: May-02-2005
Reported in: 2005(2)AWC2068
Anjani Kumar, J.1. Heard Sri Sharad Malviya, learned counsel appearing on behalf of the petitioners and Sri Vimlesh Srivastava, learned counsel for the contesting respondent-landlord.2. By means of present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 25th January, 2005, passed by the prescribed authority and the order dated 2nd April, 2005, passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972, copies whereof are annexed as Annexure Nos. '8' and '9', respectively, to the writ petition.3. From the facts, as stated in the writ petition, it appears that the respondent-landlord purchased the premises in question on 22nd July, 1998. On 4th September, 1998, the landlord served a notice to the petitioners-tenant, copy whereof is annexed as Annexure-'1' to the writ petition, wherein paragraphs 5 and 6 are relevant, which read thus :'5. That since you may not be inconvenienced, my client gives you...
Commissioner of Income Tax Vs. Bashir Ahmad Bazaz and Abdul Hamid
Court: Allahabad
Decided on: May-02-2005
Reported in: (2005)198CTR(All)688
1. The Tribunal, Delhi, has referred the following question of law in both the references under Section 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act'), for opinion to this Court:'Whether the Tribunal was right in holding that commission received by the assessee from his employer was not part of salary income and in allowing deduction for the expenses out of the commission income to the extent of 40 per cent ?'2. The present reference relates to the asst. yr. 1979-80.3. As both the assessees are employees of M/s A. Majid, 43, Mall Road, Agra, and the facts of the case are also the same, we are giving the facts of IT Ref. No. 146 of 1987.4. The respondent-assessee is a resident individual and enjoys income from M/s A. Majid, 43 Mall Road, Agra, as salary and commission. During the course of assessment proceedings, the AO required the respondent-assessee to file the copy of the agreement, if any, between him and his employer and also the details of expenses of Rs. 41,00...
Chhotey Lal (D) Through L.Rs. Vs. Iind Addl. Distt. and Sessions Judge ...
Court: Allahabad
Decided on: May-02-2005
Reported in: 2005(4)AWC3718
S.U. Khan, J.1. This is tenant's writ petition arising out of a suit for eviction filed by landlords respondent Nos. 2 and 3 against original tenant Chhotey Lal since deceased and survived by legal representative. Before filing suit notice of termination of tenancy and demand of rent was sent by the landlord to the tenant through registered post on 29.3.1979, which according to the postman was refused by the tenant on 30.3.1979. According to the landlord rent was Rs. 4.78 per month and according to the tenant it was only Rs. 3.12 per month. Landlord had complained that tenant had not paid rent since 1.1.64. Tenant denied receipt of notice and asserted that on 30.3.1979 when the notice was alleged to have been refused by him he was in Bhopal in connection with his treatment. The trial court held that notice was not refused by the tenant on the following grounds :(i) Registered notice could not be delivered on the next day;(ii) Tenant was away from Jhansi (where premises in dispute is si...
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