Allahabad Court May 2007 Judgments
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Abdulla Vs. Smt. Shyama Devi and anr.
Court: Allahabad
Decided on: May-15-2007
Reported in: 2007(3)AWC3034
S.U. Khan, J.1. Heard learned Counsel for the parties.2. Petitioner filed O.S. No. 13 of 1970 against respondents for possession over a house and for mesne profit @ Rs. 500 from the date of filing of suit, i.e. 1.8.1970 till delivery of possession, i.e., pendente lite and future. The suit was decreed for both the reliefs claimed on 21.3.1978 by Civil Judge, Senior Division, Bhadohi. Possession was delivered on 18.3.1997. Mesne profit from the date of filing of suit, i.e. 1.8.1970, till date of possession, i.e., 18.3.1997 (about 26.5 years) come to Rs. 1,59,500.3. The point involved in this writ petition is as to whether decree holder-petitioner is entitled to interest over the amount of mesne profits or not.4. Decree holder-petitioner filed Execution Case No. 2 of 1979 for execution of decree dated 21.3.1978, passed in O.S. No. 13 of 1970. Realisation of the decreed amount for mesne profit was sought through auction and sale of House No. 8/03. In the execution, the Executing Court/Civi...
National Insurance Company Ltd. Through Branch Manager, Through Author ...
Court: Allahabad
Decided on: May-15-2007
Reported in: 2007(4)AWC3759
Amitava Lala, J.1. This appeal has been preferred by the Insurance Company by making the claimants as well as the owner of the vehicle as respondents her-in. No one appeared on behalf of the owner during the course of hearing on several occasions. It has been contended by the parties that the owner was remained absent even throughout the proceedings before the Tribunal.2. An issue was framed by the Tribunal as to whether the driver of the vehicle was possessing a valid licence or not? In absence of the owner, obviously that issue stood settled between the contesting parties, i.e. the Insurance Company and the claimants. Admittedly the Insurance Company neither called the owner nor the driver to produce as witness to prove its case. On the other hand a plea has been taken about the non availability of valid licence by the driver of the vehicle at the time of accident. The appellant contended that in spite of service of the summons, no one i.e. neither the owner nor the driver appeared.3...
iftikhar HussaIn Khan and anr. Vs. Vith Additional District Judge and ...
Court: Allahabad
Decided on: May-15-2007
Reported in: AIR2008All14; 2007(4)AWC4081
ORDERPrakash Krishna, J.1. This is a landlords petition and is directed against the judgment Dated 29-4-1995 passed by the VIth Additional District Judge, Bareilly in SCC Revision No. 6 of 1994 whereby it has allowed the revision and set aside the judgment and decree of the Trial Court, decreeing the suit for recovery of arrears of rent, damages and ejectment.2. A SCC Suit No. 177 of 1985 was instituted in respect of a property, being municipal No. EC 14/ 138/5 (a shop), on the allegations that the defendants have unauthorisedly made certain material structural alterations therein and has sublet a portion of the said premises to M/s Seth Brothers Private Limited wherein they have permitted to carry on the business of purchase and sale of foreign liquor as also on the ground of default in payment of rent. It was alleged that the tenancy was determined by a notice dated 24-6-1985. The Trial Court decreed the suit on the finding that the defendants-tenants have sub-let the shop to M/s Set...
Lapro Sales Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-15-2007
Reported in: 2008(1)AWC58
Pankaj Mithal, J.1. The petitioner has challenged the grant of annual maintenance contract of Laproscope/ Laprocator sets to the respondent No. 6. The impugned order dated 8.2.2007 granting the above maintenance contract at the rate of Rs. 3,600 per Laproscope/ Laprocator for one year, has been fled as Annexure 1 to the writ petition.2. Heard Mrs. Tehmina Punwani, learned senior advocate assisted by Sri Dhruv Mathur for the petitioner and Sri S. B. Pandey for the respondent No. 6 and learned standing counsel for respondents 1 to 3 and Sri Deepak Seth for respondent No. 4.3. Gyrus A.C.M.I. International Limited, U. K. is said to be a pioneer company manufacturing and maintaining K.L.I, brand of Laprocator/laproscope sets which is an equipment used for female sterllsatlon. M/s. Aravali International as an exclusive nominee of Gyrus A.C.M.I. International Limited U. K. for K.L.I, brand Laprocators/laproscopes and accessories having rights of distribution and maintenance of Laprocator/lapr...
Commissioner of Income-tax Vs. Sir Shadi Lal Enterprises Ltd.
Court: Allahabad
Decided on: May-15-2007
Reported in: [2008]300ITR137(All)
R.K. Agrawal, J.1. The Income-tax Appellate Tribunal, New 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 in the circumstances of the case, the Inspecting Assistant Commissioner (Tribunal) is correct in law in holding that the commission and subsidy paid to the cane growers formed part of the purchase price of the cane and thus allowable for deduction under Section 37(1) of the Income-tax Act, 1961?2. The reference relates to the assessment years 1985-86 and 1986-87.3. Briefly stated, the facts giving rise to the present reference are as follows:The previous years to the assessment years 1985-86 and 1986-87 ended on September 30, 1984, and September 30, 1985, respectively. The asses-see-company was engaged in the manufacture of sugar, country liquor as also Indian made foreign liquor at its factories at Shamli and Pilkhani. The assessee-comp...
Vijay Singh Vs. Kamla Nehru Institute of Science and Technology and or ...
Court: Allahabad
Decided on: May-15-2007
Reported in: [2008(116)FLR1114]
U.K. Dhaon and Pankaj Mithal, JJ.1. Heard Pandit S. Chandra learned Counsel for the appellant and Sri Lalit Shukla, learned Counsel for the respondent Nos. 1 and 2 and the learned Standing Counsel for the respondent No. 3.Notice on behalf of Opposite Party No. 4 has been accepted by Sri D.K. Arora.2. The instant special appeal arises against the judgment and order dated 3.4.2007 passed by Hon'ble Single Judge by which the writ petition No. 4434(S/S) of 1993 filed by the petitioner was dismissed. The learned Counsel for the appellant submits that in the writ petition the termination order dated 16.10.1990 was challenged and the Hon'ble Single Judge has not considered the validity of the impugned termination order and has dismissed the writ petition only on the ground that the appellant is not entitled for regularization as he was working on daily wage basis.3. He further submits that the, appellant was working against the sanctioned post on consolidated salary and juniors to the appella...
Vaibhav Castings (P.) Ltd. Vs. Workmen's Compensation Commissioner and ...
Court: Allahabad
Decided on: May-15-2007
Reported in: [2008(118)FLR86]
S.P. Mehrotra, J.1. List has been revised.Sri Gopal Mishra, learned Counsel for the petitioner is not present. Sri Pankaj Bhatia, learned Counsel for the respondents Nos. 3 and 4 is present.2. By the order dated 16.10.2006, the learned Counsel for the petitioner was granted three weeks' time for filing Rejoinder Affidavit. However, no Rejoinder Affidavit appears to have been filed on behalf of the petitioner.It appears that the respondents Nos. 3 and 4 filed an application under the Workmen's Compensation Act, 1923 claiming compensation on account of the death of Yaduvir Kumar Sachan in an accident which allegedly took place in the factory of the petitioner on 26th December, 1995.Copy of the said application filed by the respondents Nos. 3 and 4 has been filed as Annexure 10 to the Writ Petition.The said application was registered as W.C. Case No. 108 of 1997.It further appears that the petitioner filed written statement in the said W.C. Case No. 108 of 1997.:Copy of the said written s...
Commissioner of Income-tax Vs. Simbhaoli Industries P. Ltd.
Court: Allahabad
Decided on: May-15-2007
Reported in: [2008]303ITR118(All)
1. We have heard learned Counsel for both sides.2. In this income-tax application under Section 256(2) of the Act, the Department wants the following question to be called, as according to the Department it is a question of law and it arises out of the Tribunal's order, dated October 28, 1994.Whether, in view of the facts and circumstances of the case, the hon'ble Income-tax Appellate Tribunal was legally justified in confirming the order of the learned Commissioner of Income-tax (Appeals) who quashed the assessment proceedings observing that there was no income escaping assessment being no remission or cessation of liability due to the pending litigation ?3. By the order dated April 10, 1995, the Tribunal has rejected the application under Section 256(1) holding that the decision of the Tribunal dated October 28, 1994, is based on findings of fact and it does not give rise to any referable question of law.4. The facts relevant for the decision are, that the assessment was originally c...
Hamdard (Wakf) Laboratories Through Its Factory Manager, Sri N.S. Mako ...
Court: Allahabad
Decided on: May-14-2007
Reported in: 2007(121)ECC372; 2007LC372(Allahabad)
1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner M/s. Hamdard (Wakf) Laboratories, Ghaziabad seeks the following reliefs.:i) issue a writ, order or direction in the nature of Certiorari calling for the record and quashing the impugned order dated 15th November, 2000 passed by the respondent NO.3(Annexure No.7 to the writ petition),(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover any amount from the petitioner in pursuance of the impugned order dated 15th November, 2000.iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case,iv) Award cost of the petition in favour of the petitioner.2. Briefly stated facts giving rise to the present writ petition are as follows:3. According to the petitioner, it is engaged in the manufacture and sale of Unani Medicines. It has its laboratory at B-1...
The Commissioner, Trade Tax Vs. S/S Kanpur Edibles Pvt. Limited
Court: Allahabad
Decided on: May-14-2007
Reported in: (2008)18VST466(All)
Prakash Krishna, J.1. The Commissioner of Trade Tax feeling aggrieved by order of the Trade Tax. Tribunal, Kanpur, Bench - 1 passed in four connected second appeal Nos. 1 of 2007 to 4 2007 for the assessment years 1997-98 (U.P.) and (Central) and 1998-99 (U.P.) and (Central), has field the above four revisions in this Court questioning the legality, validity and propriety of the orders of the Tribunal.2. The dealer opp-party, a limited company is carrying on the business of manufacture and sale of vegetable oil and refined oil. The assessments for the assessment year 1997-98 (U.P.) and (Central) were framed by the Assessing Authority on 27 27th of February, 1997. Similarly assessment orders for the assessment year 1998-99 under (U.P.) and (U.P.) and (Central) were framed on June 17, 2000. Certain exemptions (consignment sales) were granted by the Assessing Officer, treating the claim as put forward by the dealer as correct and in accordance with law. Subsequently, the Assessing Officer...
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