Allahabad Court January 2008 Judgments
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Mansha Ram Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-02-2008
Reported in: 2008(2)AWC1613
A.N. Varma, J.1. One Prem Chandra Mishra was employed with the opposite parties as a clerk. He died in harness on 6th April, 2007. The father of the deceased, Mansha Ram Mishra has approached this Court through the present petition praying for a direction to the opposite parties to clear the entire dues of his deceased son and the same be paid to him. It has further been prayed that a direction be also Issued restraining the opposite parties from insisting for succession certificate for making payment of the dues of the deceased.2. Shri H.S. Jain, learned Counsel for the petitioner argued that the department has absolutely no right to insist upon the production of the succession certificate for the purposes of payment of dues, as the petitioner being the father of the deceased and sole legal heir under Section 8 of the Hindu Succession Act is entitled to receive all the dues of his son. He further submitted that the petitioner should not be forced to the cumbersome procedure prescribed...
Commissioner, Trade Tax Vs. Shakti Cement Agency
Court: Allahabad
Decided on: Jan-02-2008
Reported in: (2008)17VST266(All)
Vikram Nath, J.1. Heard learned Standing Counsel on behalf of the Commissioner, Trade Tax, U.P. (applicant) and Sri Krishna Agrawal, learned Counsel on behalf of the opposite party-dealer.2. This trade tax revision has been filed by the Commissioner, Trade Tax, U.P., under Section 11(1) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') against the judgment and order dated August 28, 1999 passed by the Trade Tax Tribunal, Gorakhpur Bench-I, Gorakhpur, in Second Appeal No. 549 of 1999, arising out of penalty proceedings under Section 13A(4) of the Act relating to the assessment year 1995-96. The questions of law sought to be raised are as follows:Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to concede the contention of the impugned assessee, thereby to annul the penal processes adopted by the taxation authorities below despite the existence of incriminatory and adverse materials on the relevant records3. On...
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