Allahabad Court April 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Babu Ram Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Apr-06-2007
Reported in: (2008)ILLJ386All
S.S. Chauhan, J.1. By means of the present writ petition the petitioner has challenged the dismissal order dated June 24, 1992, on the basis of which he has been dismissed from service from the post of Collection Amin.2. The facts giving rise to the present petition are that the petitioner was appointed as Collection Amin on May 9,1977 and since then he was discharging his duties. He was placed under suspension on August 20, 1991 and thereafter a charge-sheet was issued to him on August 22,1991 to which he submitted reply on September 16, 1991. The departmental proceedings thereafter proceeded by giving opportunity to the petitioner and the impugned dismissal order was passed on June 24, 1992. The petitioner was given opportunity of cross-examination during the course of inquiry and so no procedural error is evident from the enquiry.3. The submission of the learned Counsel for the petitioner is that with the placement of petitioner under suspension on August 20,1991 an F.I.R. was lodge...
Mewa Lal Dwarika Prasad Vs. Cit
Court: Allahabad
Decided on: Apr-06-2007
Reported in: [2008]301ITR387(All)
ORDER1. The Tribunal, Allahabad, has referred the following questions of law under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act:') for opinion to this Court:R.A. No. 644/All/19871. Whether on the facts and in the circumstances of the case and on correct interpretation of the effect of the order dated 23-4-1977, as had been passed under Section 132(5), the Tribunal was legally correct in holding that the goods that had been retained thereunder, continued to bear the character of stock-in-trade in the hands of the assessee and were therefore liable to be valued, for the purposes of computing the taxable income of the assessee, on the same basis as was applicable to the other stock-in-trade ?2. Whether the Tribunal was legally correct in upholding the addition of Rs. 23,930.29 which represented merely an appreciation in the value of goods that had been held by the IT department eversince 1974 and ultimately retained towards the payment of tax liability b...
Ram Dayal Raj Kumar Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Apr-06-2007
Reported in: (2009)21VST605(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') is directed against the order of the Tribunal dated June 12, 2001 relating to the assessment year 1988-89, by which the Tribunal has confirmed the penalty under Section 15A(1)(o) of the Act at Rs. 10,000.2. Brief facts of the case are that the applicant is a registered dealer and was carrying on the business of foodgrains, etc., against from XXXI No. 3223727. The applicant had imported 98 bags urad (mogar) and rajma (dagi). At the check-post, bill, builty and declaration form were produced for necessary endorsement. On physical verification in place of urad (mogra) and rajma (dagi), dal urad dhova and normal rajma were found. On the basis of the wrong description of the goods, the same were seized and on the estimated value of Rs. 1 lakh, security at Rs. 40,000 was demanded. In pursuance of the seizure, penalty proceeding under Section 15A(1)(o) of the Act was ini...
Oriental Insurance Co. Ltd. Vs. Sanjay Kumar and anr.
Court: Allahabad
Decided on: Apr-05-2007
Reported in: 2007(2)AWC1923; [2007(113)FLR1013]
Amitava Lala, J.1. Since only the question of law is involved and parties agreed for hearing of the appeal on informal papers, the appeal is heard on the informal papers.2. This appeal has been preferred by the concerned insurance company from the order of the Commissioner under the Workmen's Compensation Act, 1923, Meerut dated 2nd December, 2006. During the pendency of appeal another order of review was passed on 12th February, 2007, which by virtue of amendment of the appeal has been incorporated in the present appeal. Therefore, the appeal arises out from both the aforesaid orders.3. From the first order being dated 2nd December, 2006, it appears to us that the insurance company was held liable for paying the damages of Rs. 1,89,177 and the owner of the vehicle was directed to pay simple interest at the rate of 12% on the aforesaid damages from the date of order till the date of payment and deposit. In the second order being dated 12th February, 2007, the insurance company was fois...
Guru Prasad and ors. Vs. District Assistant Registrar, Co-operative So ...
Court: Allahabad
Decided on: Apr-05-2007
Reported in: 2008(1)AWC857
U.K. Dhaon and S.K. Jain, JJ.1. Heard Sri S.M.K. Chaudhary, learned Counsel for the petitioners and Sri Rakesh Kumar learned Counsel for the opposite parties No. 1 and 2 and Sri R.P. Dwivedi, learned Counsel appearing for opposite party No. 3.2. The brief facts of the case are that the father of the petitioners Nakchhed was bhumidhar of Khasra Nos. 41, 50 and 51 situated at village Faqirchak, Pargana, Tehsil and District Bahraich who had taken some loan from the Sadhan Sahkari Samiti Rahwa Bishampur District Bahraich and as he could not repay the loan an award dated 15.4.1960 was passed by the Assistant Registrar Cooperative Society Bahraich for Rs. 1,592 against the father of the petitioners. Out of Rs. 1,592 a sum of Rs. 600 was the principal amount Rs. 572 was the interest and Rs. 420 was the collection amount. In pursuance of the award dated 15.4.1960, the opposite party No. 1 moved the execution on 28.9.1975 and after attachment the property of Nakchhed, i.e., father of the petiti...
Commissioner, Trade Tax Vs. Monika Crystal
Court: Allahabad
Decided on: Apr-05-2007
Reported in: (2009)19VST480(All)
Rajes Kumar, J.1. Present revision under Section 11 of the U. P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of Tribunal dated October 28, 1999 relating to the assessment year 1994-95.2. The dispute relates to the rate of tax on menthol. Dealer/opposite party (hereinafter referred to as 'dealer') admitted the tax at 7.5 per cent on menthol treating it as medicines in view of the circular issued by the Commissioner of Trade Tax dated April 12,1983 which was issued on the basis of the Government Order. The assessing authority had not accepted the claim of the dealer and levied the tax at 10 per cent treating it as an unclassified item. The dealer filed appeal before the Deputy Commissioner (Appeals), Moradabad. The Deputy Commissioner (Appeals) held that in the case of Allied Distillation Co., Moradabad v. Commissioner of Sales Tax reported in [1995] UPTC 393 menthol is held liable to tax as an unclassified item and not as medicines. This deci...
J.P. Chopra Vs. Central Bank of India and ors.
Court: DRAT Allahabad
Decided on: Apr-04-2007
Reported in: I(2008)BC125
1. This is an appeal directed against an order dated 3rd November, 2003 passed by learned Presiding Officer, D.R.T., Jabalpur for setting aside ex parte judgment passed in T.A. No. 1155/1998 decided on 30th April, 2002. The above application for restoration was disposed of along with another application for restoration of the same judgment moved on behalf of the defendant No. 3 Alok Khanna who has not joined this present appeal.2. The respondent-Central Bank of India filed a suit for recovery before the Court of District Judge, Bhopal. The proceedings of the above suit were going on before the above Civil Court but after the enactment of RDDBFI Act i.e. Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the above suit was transferred to D.R.T., Jabalpur, where it was registered as T.A. No. 1155 of 1998.After the receipt of records the D.R.T., Jabalpur directed to issue summons/notices to the appellant and other defendants. Notices/summons were issued to the appellant...
Ramesh Chandra Vs. Shyam Ji Misra and ors.
Court: Allahabad
Decided on: Apr-04-2007
Reported in: 2007(78)AWC2215
S.N. Srivastava, J.1. This writ petition has been preferred against order dated 20.4.2004 whereby application under Section 5A of the Societies Registration Act seeking permission to alienate property of the society was dismissed as having become infructuous.2. Before coming to grips with the respective contentions advanced across the bar, I would like to have a brief resume of necessary facts. Sri Triveni Madhav Prayagwal Shiksha Sabha Allahabad is a society registered under the Societies Registration Act. Initially, an application was moved in April 1990 praying therein to accord permission to alienate property in dispute described in the application on certain grounds. This application protracted so much so that during pendency of the application, a sale deed was executed by Secretary of the society on 20.6.2001. Subsequently, by means of impugned order, the application was dismissed by the District Judge on the ground of having become infructuous regard being had to the fact that t...
Mohd. Rais Khan S/O Late Mohd. Hanif Khan Vs. U.P. State Road Transpor ...
Court: Allahabad
Decided on: Apr-04-2007
Reported in: 2007(4)AWC3271; [2007(113)FLR1021]; (2008)ILLJ137All
D.P. Singh, J.1. Heard counsel for the petitioner and Sri Sameer Sharma for the contesting respondent.2. The following substantial relief for a writ of mandamus has been sought through this petition.issue a writ, order or direction in the nature of mandamus commanding the respondents to pay interest on the amount of gratuity in accordance with Section 7(3-A) of the Payment of Gratuity Act, 1972 on an amount of Rs. 1,42,407/- for a period of one year i.e. From the date of retirement i.e. 31.1.1991 to December, 1991 when an amount of Rs. 51,392.31 were paid and thereafter on an amount of Rs. 91,015.33 for a period of upto 23.6.2001 when another amount of Rs. 51,392.30 was paid through cheque No. 008995 dated 23.6.2001 at the rate of 12% per annum which approximately comes to Rs. 27,000/- with further interest at the rate of 24% per annum till the payment is made.3. The petitioner was working as a Senior Clerk in the Central Workshop of the respondent Corporation when he retired on 31.1.1...
B.M. Cement Private Limited Through Its Director Sri Anil Kumar Son of ...
Court: Allahabad
Decided on: Apr-04-2007
Reported in: (2009)20VST248(All)
Rajes Kumar, J.1. Present revision under section 11 of U.P. Trade Tax Act (hereinafter referred to as 'Act') is directed against the order of Tribunal dated 15.07.2000.2. Brief facts of the case are that the applicant established a new unit for the manufacturing of cement. Applicant was registered both under the U.P. Trade Tax Act as well as Central Sales Tax Act under the Factories Act and also registered with the Director of Small Scale Industries. First sale was made on 20.09.1995. Applicant moved an application under section 4-A of the Act for the exemption under the notification No. TT-II-780/XI-9(226)/94-U.P. Act-15/48-Order-95, dated 31.03.1995 and TT-781/XI-9(226)/94-Act-74/56-Order-95, dated 31.03.1995 for the period of eight years on 175% of the capital investment. The exemption was denied by the Divisional Level Committee on the ground that as per the requirement of Section 4(1) under the Cement Control Order, 1995 (hereinafter referred to as 'Control Order') the manufacture...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 13
- 14
- Next ›
- Last »