Allahabad Court December 2006 Judgments
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Dr. D.C. Srivastava Vs. Director of Income-tax (investigation)
Court: Allahabad
Decided on: Dec-18-2006
Reported in: (2007)212CTR(All)527
ORDER1. Heard Sri S.K. Garg, learned counsel for the petitioner and Sri D.D. Chopra, the learned Senior Standing counsel for the Income-tax Department appearing on behalf of the respondents.2. The petitioner has approached this court for quashing of the warrant of authorisation issued under Section 132(1) of the Income Tax Act. The petitioner has alleged that he: is a practising Doctor and also a partner of Saroj Nursing Home, Lucknow and he himself, his wife and Saroj Nursing Home are assessed to Income-tax at Lucknow. The petitioner has further alleged that for the morning of 21-2-2006, the petitioner was having an air ticket for travel from Lucknow to Delhi by Sahara Flight No. S2-6138 and the said flight was cancelled and while he was at the airport there was announcement to the effect that the passengers waiting to board the Sahara flight which was cancelled has the option to take the International Jeddah-Delhi flight and in order to avail th e facility of alternative flight the p...
Shri Kant Mishra S/O Sri Nathuni Mishra Vs. State of U.P. Through Secr ...
Court: Allahabad
Decided on: Dec-15-2006
Reported in: 2007(1)AWC885a
S.N. Srivastava, J.1. Heard learned Counsel for the petitioner and learned Counsel for Deen Dayal Upadhyay Gorakhpur University as well as learned Standing Counsel and perused the materials on record.2. On the consent of learned Counsel for the parties, this writ petition is being disposed of finally.3. From the materials on record, it transpires that according to the directions contained in the judgment of the Apex Court in University of Kerala v. Council, Principals', Colleges, Kerala and Ors., Deen Dayal Upadhyay Gorakhpur University, Gorakhpur has framed Ordinance and in accordance with the newly enforced Ordinance, namely, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur Students' Union Ordinance, election proceedings were initiated and election programme was published, nomination papers were filed and accepted on 4th December, 2006. It further appears from the record that at the time of scrutiny of nomination papers of the candidates, it was found that some candidates have cri...
Committee of Management, Shri Mohan Singh Inter College Through Its Ma ...
Court: Allahabad
Decided on: Dec-15-2006
Reported in: [2007]289ITR224(All)
S.N. Srivastava, J.1. Although the facts of all the above writ petitions are at variance and the writ petitions aforesaid have been preferred for reliefs distinct from each other but the common question in the foreground relating to propriety of self examination system in the High School and Intermediate examinations conducted by the U.P. Board of High School and Intermediate constituted under the Intermediate Education Act, 1920 crystallizing from the facts on record, the submissions advanced across the bar and also the materials available on record of which cognizance has been taken by the Court, has necessitated their being tagged together for composite hearing.1. Writ Petition No. 7339 of 2006- This writ petition has been preferred by the Committee of management Sri Mohan Singh Inter College canvassing the validity of the order dated 22.12.2005 whereby the result of number of students was withheld. It would transpire from the record that the result of various students of the colleg...
Jayanta Bandhopadhyay Son of Late Mr. J.L. Bandhopadhyay and George Oo ...
Court: Allahabad
Decided on: Dec-14-2006
Reported in: 2007(1)AWC871
B.S. Chauhan, J.1. This writ petition has been filed for challenging the impugned judgment and order dated14th August, 2006, rejecting the Claim Petition No. 265 of 2004 only on the ground of limitation. The learned Tribunal has dealt with various provisions of the U.P. Public Service Tribunal Act, 1976 and reached the conclusion that the Claim Petition was time barred, and the provisions of Section 5(1)(b) of the Limitation Act, 1963 would not apply in case of the main petition.2. We have heard Shri V.K. Singh, learned Counsel for the petitioners and Shri R.D. Khare, learned Counsel for respondent.3. The learned Tribunal has only been addressed to the effect that of Section 5 of the Limitation Act, and it appears that the learned Counsel appearing before the learned Tribunal did not advance the arguments on the basis of Section 14 of the Limitation Act, 1963.4. In Danda Rajeshwari v. Bodavula Hanumayamma and Ors. : AIR1997SC1541 , the Hon'ble Supreme Court has held that in case the wr...
Smt. Pratima Srivastava and anr. Vs. Debi Prasad Alias Beni Prasad and ...
Court: Allahabad
Decided on: Dec-14-2006
Reported in: II(2007)ACC603; 2007(1)AWC486
ORDER1. We have heard Sri R. P. Singh, learned Counsel for the appellants. Though the list has been revised but none has appeared on behalf of the respondents.2. This is a first appeal from order filed against the award dated 24.5.1997 passed by Motor Accident Claim Tribunal, Kanpur Nagar in Motor Accident Claim Petition No. 283 of 1996.3. Learned Counsel for the appellant has contended that the finding recorded by the Tribunal on issue No. 2 is that the driver was not having a driving licence of light motor vehicle for driving of private vehicle. It is contended that the finding is patently erroneous inasmuch as the driving licence a copy of which was a part of the record of the Tribunal and has been filed as annexure alongwith this appeal indicates that the driving licence of driver, Virendra Kumar son of Sunder Lal, who was driver of the vehicle involved in the accident, was issued on 23.9.1991, it was made valid for L.M.V. Transport w.e.f. 29.1.1993 and the aforesaid endorsement wa...
Commissioner of Income-tax Vs. Pramod Kumar Maheshwari
Court: Allahabad
Decided on: Dec-14-2006
Reported in: [2007]294ITR175(All)
1. The Income-tax Appellate Tribunal, Allahabad Bench, 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 hon'ble Income-tax Appellate Tribunal was justified in holding that the conditions laid down in Explanation 5(2) to Section 271(1)(c) were fulfilled and no penalty was leviable under Section 271(1)(c) of the Income-tax Act, 1961?The reference relates to the assessment year 1990-91.2. Briefly stated the facts giving rise to the present reference are as follows.3. On facts, a search took place on the premises of the assessee and his brother Shri Pramod Kumar Maheshwari on May 9, 1989. Cash amounting to Rs. 10,000 each was surrendered by the assessee and his wife. Incidentally, the surrender was made not by the assessee but by his father Shri Bhagwan Das Maheshwari. The assessment was completed on the stre...
The Oriental Insurance Co. Ltd. Vs. Smt. Manthi Devi Wife of Late Bhak ...
Court: Allahabad
Decided on: Dec-13-2006
Reported in: II(2007)ACC522
V.M. Sahai and Sanjay Misra, JJ.1. This appeal has been filed by the Oriental Insurance Company Ltd., the insurer of Tempo No. UP-13A-3185. The claimants/respondents filed M.A.C. No. 169 of 1996 claiming compensation of Rs. 3,45,500/- on account of the death of Bhaktu Dass. The allegations in the claim petition was that on 21.2.1996 at about 9.30 A.M on Roorkee Road, the deceased and his brother Guddu Dass were returning on a Rickshaw. After leaving the Rickshaw while they were crossing road, the aforesaid tempo hit the deceased due to which he died. An F.I.R. was lodged at P.O. Sadar Bazar, Meerut Cantt. At the time of death the deceased was aged about 44 years and he was working as Head Clerk in the office of C.D.A, Meerut and his monthly salary was Rs. 3,046/-.2. The owner of the tempo did not appear in spite of service of notice. The claim was contested by the appellant insurance company. It was denied that accident took place with the tempo. It was admitted that the tempo was insu...
Gram Panchayat Through Its Gram Pradhan, Smt. Siya Pyari W/O Dharm Pal ...
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(1)AWC847
A.K. Yog and R.K. Rastogi, JJ.1. Heard Sri Sushil Kumar, Advocate, learned Counsel for the petitioner and Sri Vishnu Pratap, learned Standing Counsel appearing on behalf of the respondents No. 1, 2 and 3.2. According to the pleadings contained in writ petition No. 64500 of 2006 the petitioner filed complaint dated 9.10.2006 before Sub Divisional Magistrate, Gunnaur (respondent No. 3) against Raghunath Singh (respondent No. 4) about non-distribution of kerosene oil in the month of September, 2006. Copy of the complaint is Annexure No. 1 to the writ petition. It is contended vide para 5 of the writ petition that the petition is being filed through Smt. Siya Pyari Pradhan of Gram Panchayat Pusawali, Block Junawai. It is further pleaded (vide para 10 of the writ petition) that another complaint was made on 17.11.2006 and several other complaints were also made before the Senior Supply Inspector, Gunnaur (respondent No. 2) and the Sub Divisional Magistrate, Gunnaur. (Respondent No. 3). Copi...
Ram Kishore Son of Sri Chhotey Lal and ors. Vs. District Magistrate an ...
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(2)AWC1137
Tarun Agarwala, J.1. Ram Kishore and fourteen others have filed a writ petition for the quashing of the order dated 7.3.2000 passed by the District Magistrate, Fatehpur, cancelling their appointments as Safai Karmcharis in Nagar Palika Parishad, Fatehpur.2. The facts leading to the filing of the petition is, that the petitioners alleged that they were appointed as daily wagers in the year 1994 to perform the 'safai work' in the territory of Nagar Palika Parishad, Fatehpur and that, since then, they had been working as daily wagers. It was contended that the State Government issued a Government Order dated 26.6.1992 directing the Nagar Palika Parishad, Fatehpur to regularise the services of the Safai Karmcharis, who were working as daily wagers continuously for three years and who had worked for 240 days in a calendar year. It was alleged that there existed thirteen substantive vacancies on the post of Safai Karamchari and, accordingly, the Executive Officer, respondent No. 2 wrote a le...
Mohd. Akram HussaIn and anr. Vs. Baijnath and anr.
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(2)AWC1649
Tarun Agarwala, J.1. The plaintiffs instituted a suit for a permanent injunction restraining the defendants from interfering in the possession of the plaintiffs on the land in question and further restraining the defendants from digging the earth from the plot in question. The plaintiffs alleged that they had executed a registered sale deed dated 3.9.1992 for a period of 16 years for a sum of Rs. 1 lac in favour of the defendants with regard to the eastern portion of the plot No. 228, for the purpose of running a brick kiln. It was alleged, that the defendants had also taken the adjoining land, for the same purpose, from other persons and now was forcefully interfering in the possession of the plaintiffs on the western portion of plot No. 228 and was threatening to dig up the earth. The defendants, on the other hand, submitted that apart from the registered sale deed dated 3.9.2002, the plaintiffs had executed three more instruments and, by paper No. 31C, the plaintiffs had executed an...
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