Allahabad Court August 2005 Judgments
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Ram Pravesh Singh Son of Sri Sheo Bali Singh Vs. State of Uttar Prades ...
Court: Allahabad
Decided on: Aug-10-2005
Reported in: [2005(107)FLR286]
Tarun Agarwala, J.1. The petitioner is a constable and was placed under suspension by an order dated 18.1.1994 on the ground that a Criminal Case No. 122 of 1993 was lodged against him. The competent authority by an order dated 13.8.1999 revoked the suspension order and reinstated the petitioner pending disposal of the criminal case and departmental inquiry, if any. The order also indicated that the allowances payable during the suspension period would be considered after the decision of the case or at a later stage.2. The petitioner alleged that he made several representations to the authority to reconsider the matter and pay the remaining amount of salary for the suspended period and eventually filed Writ Petition No. 41887 of 2004 before this Court which was disposed of by an order dated 6.10.2004, directing the authorities to decide his representation preferably within a period of three months The representation of the petitioner was rejected by the authority by an order dated 20.6...
FakhruddIn Ali Son of Akbar Ali Vs. State of U.P. Through Its Secretar ...
Court: Allahabad
Decided on: Aug-10-2005
Reported in: 2006(1)AWC595
Tarun Agarwala, J.1. Heard Sri Syed Wajid Ali, the learned counsel for the petitioner the learned standing counsel appearing for the respondents.2. The petitioner applied for the post of Constable. The select list was published on 23.10.2004 in which the petitioner's name was found at serial no. 195. Based on this selection, the petitioner was medically examined and was found fit. The petitioner was required to submit an affidavit with regard to his character and antecedent. In this affidavit, the petitioner indicated that a criminal case No. 460 of 2003, under Sections 147, 323, 504, 506, 342, 307, 427 I.P.C. was pending. Based on this affidavit, the matter was sent to the District Magistrate concerned for verification of his character and antecedents. The District Magistrate by an order dated 31.5.2005 certified his character as good and further submitted that he was not involved in any other case except in Case Crime No. 460 of 2003. Inspite of this certification issued by the Distr...
Smt. Maya Wife of Har NaraIn Sharma Vs. State of U.P. and Smt. Som Lat ...
Court: Allahabad
Decided on: Aug-10-2005
Reported in: II(2005)DMC859
R.C. Deepak, J.1. The present petition under Section 482 Cr.P.C. has been filed by Smt. Maya Sharma for quashing the entire proceedings in case no. 1058 of 2004 under Section 498A IPC and Section 3/4 Dowry Prohibition Act arising out of case crime no. 49 of 2004 pending the in the Court of Special Judicial Magistrate, Agra.2. The petitioner - Smt. Maya Sharma has filed the copies of the F.I.R., statements of the witnesses, charge-sheet, site plan, certain applications, medical certificates of co-accused Arun Kumar Sharma and certain other documents in support of her petition. On the other hand, the opposite party/informer - Smt. Som Lata Sharma has filed counter affidavit. Thereafter, the petitioner filed rejoinder affidavit.3. The brief facts of the case emerging from the record are that the marriage of Smt. Som Lata Sharma was solemnised with Arun Kumar Sharma (the co-accused) on 20.4.2003 according to Hindu rites and rituals. A sum of rupees six lacs is alleged to have been spent on...
Dr. Shashi Kant Garg, Son of Dr. P.L. Garg Vs. Commissioner of Income- ...
Court: Allahabad
Decided on: Aug-10-2005
Reported in: (2006)203CTR(All)75; [2006]285ITR158(All)
R.K. Agrawal, J.1. By means of four separate writ petitions filed under Article 226 of the Constitution of India, the petitioner, Dr. Shashi Kant Garg, has challenged the validity of the notices dated 12.9.2000 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the assessment years 1990-91 to 1994-95 where Civil Misc. Writ Petition No. 533 of 2002 relates to the assessment year 1993-94; Civil Misc. Writ Petition No. 534 of 2002 relates to the assessment year 1994-95; Civil Misc. Writ Petition No. 539 of 2002 relates to the assessment year 1991-92, the Civil Misc. Writ Petition No. 540 of 2002 relates to the assessment.year 1992-93.2. As all the four writ petitions relate to the same petitioner and raise common questions of law and also as the counter affidavits and rejoinder affidavits have been exchanged between the parties, with the consent of the learned counsel, they have been heard together and are being disposed of finally by a...
Oriental Insurance Co. Ltd. Vs. Anita and ors.
Court: Allahabad
Decided on: Aug-10-2005
Reported in: II(2006)ACC528; 2007ACJ1357
U.K. Dhaon, J.1. This appeal has been filed by Oriental Insurance Co. Ltd. against the judgment and order dated 31.3.2003 passed by the Motor Accidents Claims Tribunal, Gonda.2. The brief facts of the case are that Mahindra jeep (taxi) old No. UP 32-Z 1966 was owned by Munna Prasad and Om Prakash was the driver. This vehicle was insured by appellant, i.e., Oriental Insurance Co. Ltd. On 24.12.1999, one person came to the driver Om Prakash and introduced himself as Arjun and booked the jeep for Bahraich. The four associates of Arjun also joined his company. Om Prakash, the driver of the jeep also allowed Amar Deep alias Jugunoo and Ram Pragat to travel as passengers.3. When the said vehicle reached at Gopalpur near Indira Canal, Arjun and his four associates requested the driver to stop the vehicle pretending that they wanted to go for call of nature and at about 7.15 p.m. when the vehicle was stopped by the driver, Arjun and his four associates dragged out the driver Om Prakash and Ama...
Das's Friends Builders Pvt. Ltd. through Director Sri Anil Kumar Agarw ...
Court: Allahabad
Decided on: Aug-09-2005
Reported in: (2006)201CTR(All)447; [2006]280ITR77(All)
Rajes Kumar, J.1. By means of the present revision, following reliefs has been claimed.a) issue a writ, order or direction in the nature of certiorari quashing the slow cause notice dated 26.7.1999 issued by the respondent (Annexure No. IX).a-1) to issue a writ order or direction in the nature of certiorari quashing the notice under Section 148 of the Income Tax Act dated 24.12.1998 received on 11.1.1999 issued by the respondent (Annexure No. 1).b) issue any other writ, order or direction as this Hon'ble court deems fit and proper.c) award the cost of the petition to the petitioner.2. The brief facts of the case-giving rise to the present petition are that the petitioner is a Company carrying on the business of construction of building in the city of Agra. The Company was incorporated on 31st January, 1994. For the assessment year 1995-96, the petitioner filed its return regarding the construction of the building showing the loss of Rs. 2,77,400/-. The assessment was completed under Se...
Sonu Pal Son of Awadh Pal Vs. State of U.P.
Court: Allahabad
Decided on: Aug-09-2005
Reported in: II(2005)DMC745
Ravindra Singh, J.1. Heard Sri Vinod Sinha learned counsel for the applicant, learned A.G.A. and Sri Ashutosh Srivastava learned counsel for the complainant.2. From the perusal of the recored it reveals that in the present case the applicant is Devar of the prosecutrix. The F.I.R. was lodged by the prosecutrix Smt Shashi Pal against the applicant and co-accused Rakesh Pal (husband), Awadh Pal father-in-law and Smt Rani Pal mother-in-law on 12.5.2005 under Section 498A, 323, 506, 376 and Section 3/4 Dowry Prohibition Act, Crime No. 139 of 2005 District Allahabd. According to prosecution version the marriage of the prosecutrix was solemnized with the co-accused Rakesh Pal on 13.2.2001. Soon after the marriage the applicant and other co-accused persons started beating the prosecutrix to fulfill the demand of colour T.V., refrigerator and Rs. 50,000/-. In the mean time the prosecutrix became pregnant and she gave birth a female child who died after six days of her birth because the prosecu...
Uttar Pradeshiya Prathamik Shikahak Sangh Through Its General Secretar ...
Court: Allahabad
Decided on: Aug-09-2005
Reported in: 2006(1)AWC637
D.P. Singh, J.1. Pleadings have been exchanged and the counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.2. Heard Sri N.K. Pandey, for the petitioner and Sri K.N. Mishra for the respondent.3. This writ petition is directed against the order dated 26.5,1997 by which the Assistant Registrar has referred the matter to the Prescribed Authority for decision under Section 25 of the Societies Registration Act, (here-in-after referred to as Act) and also a consequential order dated 6.8.1997 of the Prescribed Authority fixing a date for hearing.4. Uttar Pradeshiya Adhyapak Mandal was a Society of teachers of primary and junior high schools which was earlier registered as Society in 1967 under the Act and it was also recognized by the State of U.P. Subsequently the name was changed to its present title. The Act underwent a drastic change in 1975 whereby societies under the Act were debarred from using the word 'Union' in their name and their...
Commissioner of Income-tax Vs. Jansons and Co.
Court: Allahabad
Decided on: Aug-09-2005
Reported in: (2006)202CTR(All)528; [2006]283ITR175(All)
Rajes Kumar, J.1. The Income Tax Appellate Tribunal has referred the following questions of law under Section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'Act') for the assessment year 1079-80 for opinion to this Court.'Whether on the facts and in the circumstances of the case, Tribunal was justified in law in holding that the assessee Firm fulfilled all the relevant conditions prescribed in Section 35B(1-A) as amended by theu Finance Act, 1978 and was entitled to weighted deduction under Section 35A? Whether the Tribunal was justified in dismissing the department's second appeal on the issue of weighed deduction under Section 35A when the Tribunal itself has allowed department's reference application under Section 256(1) in the case of United Trading Corporation, Moradabad for the assessment year 1979-80 (C. A. no. 1493/Del/of 1983 dated 18.6.1984)?' 2. The brief facts of the case are as follows:-The assessee/opposite party hereinafter referred to as 'assessee') was...
Commissioner of Income-tax Vs. Prem Heavy Engg. Works (Pvt.) Limited
Court: Allahabad
Decided on: Aug-09-2005
Reported in: (2006)200CTR(All)403; [2006]282ITR11(All)
Rajes Kumar, J.1. Income-tax Appellate Tribunal, Delhi has referred the following question under Section 256(1) of the Income Tax Act, 1961, (hereinafter referred to as 'the Act') for opinion of this Court.'Whether on the facts and in the circumstances of the case, the Hon'ble IT AT was Justified in confirming the order of learned CIT (A) who deleted the addition of Rs. 12,89,251/- treated as capital expenditure on account of technical know-how ?' 2. The present reference relates to the assessment year 1985-86.3. The brief facts of the case are follows:Assessee respondent (hereinafter referred to as 'Assessee') is a company and engaged in the business of manufacture and sale of sugar machinery parts. The assessee entered into an agreement on 11.04.1984 with a company in West Germany (herein-after referred to as 'BMA'). The said company was engaged in the manufacture of machinery and equipment for the sugar industry. In the course of the assessment proceedings the assessing officer came...
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