Allahabad Court May 2007 Judgments
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Ramesh Prasad Tripathi S/O Shri Rampher Tripathi, Vs. Ibrahim S/O Noor ...
Court: Allahabad
Decided on: May-16-2007
Reported in: 2007(3)AWC2762
Amitava Lala, J.1. This is an appeal of the claimants arising out of the judgment and award passed on 09th April, 1992 by the Motor Accident Claims Tribunal, Basti. The motor accident claim case is admittedly filed under the old Act i.e. Motor Vehicles Act, 1939 (hereinafter in short called as the 'Act, 1939') since the accident took place on 29th August, 1988 prior to coming into force of the new Act i.e. Motor Vehicles Act, 1988 (hereinafter in short called as the 'Act, 1988') with effect from 01st July, 1989. The period of the policy expired on 22nd May, 1989, therefore, under no stretch of imagination it can be said that new Act will be applicable in the case of the claimants. Proviso under Section 147(2) of the new Act i.e. Act, 1988 is categorical in this respect, which is as follows:Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after...
Kishan Swarup Sharma Son of Late Gulzari Lal Sharma Vs. Allahabad Bank ...
Court: Allahabad
Decided on: May-16-2007
Reported in: [2007(115)FLR530]; (2008)ILLJ765All
1. The petitioner, Kishan Swamp Sharma has filed this writ petition under Article 226 of the Constitution of India assailing the order dated 25.1.2002 issued by the Chief Manager (PA) Allahabad Bank, Culcutta rejecting his application for grant of pension under Allahabad Bank Employees Pension Scheme (Old). A further writ of mandamus has been sought commanding respondents to pay monthly pension to the petitioner w.e.f. 1.6.2001 on regular basis in accordance with old pension scheme or the Pension Regulations, 1995.2. The facts in brief as stated in the writ petition are that the petitioner was appointed as clerk in Allahabad Bank on 15.11.1967 and was promoted in officers grade on 4.11.1985. After promotion his terms and conditions, in officers cadre, were governed by Allahabad Bank (Officers) Service Regulation, 1979 (hereinafter referred to as '1979 Regulation'). The Bank issued a circular dated 6.9.1994 pursuant to some settlement between All India Employees Association and Indian B...
Jai Karan Lal Verma Vs. Rajesh Kumar Pathak and ors.
Court: Allahabad
Decided on: May-16-2007
Reported in: 2008(1)AWC61
O.P. Srivastava, J.1. The above appeals have been filed under Section 19 of the Contempt of Court's Act (in short 'Act') against the orders passed by Hon'ble single Judge in contempt proceeding, holding the appellants, prima facie, guilty of contempt and framing charges against them.2. The respondent has raised preliminary objection regarding maintainability of said appeals under Section 19 of the Act on the ground that appeal under said section is maintainable only against an order imposing punishment for contempt and not against any other order passed in the contempt proceeding. Reliance has been placed on the recent judgment of Hon'ble Supreme Court in Midnapore Peoples' Co-op. Bank Ltd. and Ors. v. Chunilal Nanda and Ors. : 2006CriLJ2903 .3. Learned Counsel for the appellants although did not dispute the contention of learned Counsel for respondent that according to judgment of Hon'ble Supreme Court in Midnapore Peoples' Co-op. Bank Ltd.'s case (supra), the appeal under Section 19 ...
Shambhoo Saran Sanjeev Kumar Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: May-16-2007
Reported in: [2008]296ITR92(All)
1. The Income-tax Appellate Tribunal, Delhi, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the opinion of this court.Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that a disallowance under Section 43B of the Income-tax Act, 1961, of Rs. 2,16,007 should be made?2.1 The reference relates to the assessment year 1986-87.2.2 Briefly stated the facts giving rise to the present reference are as follows:The assessee had realised a sum of Rs. 2,16,007 on account of excise duty from the customers but did not deposit the same in the Government treasury and challenged his liability to pay excise duty before this Court and got a stay till the disposal of the writ petition. The Assessing Officer while framing the assessment did not allow deduction of the said excise duty under that section and added the same towards the income. In appeal, the Commissioner of I...
Sardar Harvinder Singh and ors. Vs. Iind Additional District Judge and ...
Court: Allahabad
Decided on: May-16-2007
Reported in: 2008(1)AWC964
R.K. Rastogi, J.1. This is a writ petition for quashing the judgment and decree dated 19.12.2003 passed by Sri Subodh Kumar, then IInd Addl. District Judge, Raebareilly, in S.C.C. Revision No. 27/2003, Sardar Harvindar Singh and Ors. v. Farhat Sultana, and the judgment and decree dated 2.8.2003, passed by Sri Ezaz Ahmad Ansari, then learned Judge Small Causes Court, (Civil Judge,(Sr. Division), Raebareilly), in S.C.C. Suit No. 6/2001, Farhat Sultana v. Harvinder Singh and Ors.2. The facts relevant for disposal of this writ petition are that the respondent No. 3 of the present writ petition had filed the aforesaid S.C.C. Suit No. 6/01, in the Court of J.S.C.C. (Civil Judge, Sr. Division), Raebareli, against the petitioners for their eviction from Shop No. 152/1, Rashid Market, Kaiparganj, Raebareilly and for recovery of arrears of rent and mesne profits with these allegations that she is owner/landlady of the above shop and the shop was let out to the defendant petitioners No. 1 and 2 a...
Shrimati Chhangura (D.) Through L.Rs. Vs. Mata Prasad and ors.
Court: Allahabad
Decided on: May-16-2007
Reported in: 2008(1)AWC742
Poonam Srivastava, J.1. Heard learned Counsel for the parties.2. This is plaintiff's second appeal against the judgment and decree dated 23.7.1976, passed by 1st Additional District Judge, Gorakhpur in Civil Appeal No. 16 of 1975 setting aside the judgment and decree of the trial court in Original Suit No. 750 of 1968.3. The facts giving rise to the dispute is that the suit was instituted by the plaintiff for cancellation of sale deed dated 16.10.1964 alleged to be executed by Kalika Prasad, father of the plaintiff in favour of the defendant-respondents. The sale deed was executed on 16.10.1964 and vendor Kalika Prasad (father of the plaintiff) died on the same day. An application for issuing bhumidhari sanad was moved on 16.10.1964 and bhumidhari sanad was granted on 19.10.1964. The defendant Mata Prasad applied for mutation of his name on the basis of disputed sale deed, to which the plaintiff filed her objection claiming that she is only daughter of late Kalika Prasad and entitled t...
Commissioner of Income-tax Vs. Sir Shadi Lal Enterprises Ltd.
Court: Allahabad
Decided on: May-16-2007
Reported in: [2008]305ITR356(All)
1. The Income-tax Appellate Tribunal, Delhi, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the opinion of this court:Whether, on the facts and circumstances of the case and in accordance with the provisions of law, the Tribunal was justified in confirming the order of the Commissioner of Income-tax (Appeals) cancelling the levy of interest under Section 217(1A)?2. The reference relates to the assessment year 1973-74.3. Briefly stated the facts giving rise of the present reference are as follows:4. A demand of Rs. 29,88,105 was raised under Section 210 of the Act by the Department and the demand notice was served on June 9, 1972. The appellant-company paid up the entire demand in three equal instalments on June 15, 1972, September 15, 1972, and December 1, 1972. There was thus a proper compliance. It appears that the appellant-company considered itself liable to file a revised estimate under Sectio...
Commissioner of Income Tax Vs. Raj Kumar Singh and Co.
Court: Allahabad
Decided on: May-15-2007
Reported in: (2007)210CTR(All)483; [2007]295ITR81(All)
R.K. Agrawal, J.1. The Tribunal, Allahabad has referred the following five questions of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:1. Whether on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding that the assessee's claim for deduction of interest of Rs. 1,58,01,118 was allowable in full?2. Whether on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding that in relation to the receipts from hiring of machineries, the provisions of Section 145(2) were not applicable and in directing the AO to accept the receipts shown by the assessee as correct?3. Whether on the facts and in the circumstances of the case, the Tribunal was, in law, justified in taking into consideration the surplus of Rs. 12,87,58,000 arising out of amalgamation of shares as approved by the Hon'ble High Court, when it had not resulted in generation of any surplus cash fu...
Raj Kishore Son of Late Sri Amarnath Vs. State of U.P. Through Its Hom ...
Court: Allahabad
Decided on: May-15-2007
Reported in: 2007(4)AWC3492
Vineet Saran, J.1. The brief facts of this case are that the petitioner was initially engaged on 5.2.1996 to work on daily wage basis as a Computer Operator in the office of Superintendent of Police, Ghazipur. The petitioner continued to work on such post. After completion of one year period, the petitioner made a representation to the Superintendent of Police, Ghazipur for regularizing him in service as a Computer Operator. On 17.1.1997 the Superintendent of Police, Ghazipur recommended to the Deputy Inspector General of Police (Karmik), Police Headquarters to regularize the petitioner in service, as his work and conduct was very satisfactory. In 1997 the Principal Secretary. Home, recommended for creation of post of Computer operator. However, even though no post was created, the petitioner continued to work on daily wage basis as Computer Operator and he is still continuing to work as such. Over the last several years, he has been regularly issued letters of appreciation by the poli...
Dr. Deshbandhu S/O Shri Sita Ram Vs. State of U.P. Through Secretary, ...
Court: Allahabad
Decided on: May-15-2007
Reported in: [2007(115)FLR442]
Anjani Kumar and Sudhir Agarwal, JJ.1. Aggrieved by the transfer order dated 8th May, 2007 passed by he Director General, Medical Health and Family Welfare, U.P. Lucknow, the petitioner has filed this writ petition assailing the same on the ground that the transfer order has been issued during the period when the code of conduct of Election Commission was in operation in the State of U.P. and further that respondent ruling party ground of malafide. In our view, however, the writ petition lacks both the grounds. Coming to the second submission first we find that the alleged complaint of respondent No. 6 is dated 14th June ,2006 while the impunged transfer order has been passed on 8th May, 2007 pursuant to the Government Order date 17th April, 2007. It is not disputed by the learned petitioner that the competent authority transferring State Government who has passed the order of transfer. From the perusal of the transfer order in its entirety thing to suggest that the aforesaid transfer ...
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