Allahabad Court March 2008 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.
Amit Yadav Son of Prithvi Singh Vs. State of U.P. and Complainant, Har ...
Court: Allahabad
Decided on: Mar-27-2008
Reported in: IV(2008)BC37; 2008CriLJ3777
Amar Saran, J.1. Heard learned Counsel for the applicant and the learned A.G.A.2. This application has been filed for quashing a summoning order dated 27.7.2007 passed by the Additional Chief Judicial Magistrate, Court No. 1, Aligarh in Complaint Case No. 441 of 2007.3. The first submission of the learned Counsel for the applicant was that in the complaint no date of service of notice was mentioned and the same is in contravention of the decision of the Apex Court in Shakti Travel and Tours v. State of Bihar and Anr. 2003 SCC (Cri) 1217 and two decisions of this Court in Ravindra Singh Gugyani @ Sanju v. State of U.P. and Ors. 2007 (2) JIC, 457 (All) and Deepak Kumar and Anr. v. State of UP. and Anr. 2007 (1) JIC, 907 (All). It may be noted that it has been clearly mentioned in the judgement of the Apex Court that in the assertion of the complaint, there is no averment that the notice has been served, but the said case did not require that the date of service be mentioned. In the decis...
Vijay Kumar and Surendra Kumar Both Sons of Shri Daulat Ram Vs. Commis ...
Court: Allahabad
Decided on: Mar-27-2008
Reported in: AIR2008All176
Prakash Krishna, J.1. By means of a registered sale deed registered on 21.3.1992 in the office of Sub Registrar, Tehsil Kairana, District Muzaffarnagar, the petitioner purchased a double-storey shop measuring 58 square meter situate in Mohalla Dhimanpura, M.S.K Road Shamli, District Muzaffarnagar from one Manohar Singh for a sum of Rs. 1,70,000/- and paid the stamp duty thereon as per the circle rate fixed by the District Magistrate. The Sub Registrar, Tehsil Kairana District Muzaffarnagar on 25.3.1992 sent a report to the Additional District Magistrate (Finance & Revenue) that the valuation of the property has not been correctly disclosed in the sale deed. According to him the market value of the property is Rs. 3,60,000/- instead of Rs. 1,70,000/- on which a sum of Rs. 52,200/- was payable as stamp duty. In other words according to him there was a deficiency of stamp duty of Rs. 27,550/-. Proceedings under Section 47-A of Indian Stamp Act was initiated by the Additional District Magi...
Commissioner of Income Tax Vs. U.P. Asbestos Ltd.
Court: Allahabad
Decided on: Mar-27-2008
Reported in: (2009)221CTR(All)608
Rajes Kumar, J.1. The present appeal under Section 260A of the IT Act (hereinafter referred to as 'the Act') is directed against the order of the Tribunal, dt. 24th Aug., 2001 for the asst. yr. 1988-89. The aforesaid appeal has been admitted on the following questions:1. Whether, the Hon'ble Tribunal was justified in holding that the assessee's claim to the extent of Rs. 4,31,459 was allowable under Section 32AB, without appreciating the fact that para 17.3 of Circular No. 461 was only applicable when a deposit was made with a 'designated development bank', and not otherwise?2. Whether, the Hon'ble Tribunal was justified in following the decision of the Bombay High Court in the case of CIT v. Antifriction Bearings Corporation Ltd. : [2000]246ITR295(Bom) , without considering the full text of the Circular No. 461, thus leading to a question whether for purposes of interpretation of a provision, a circular has to be read in entirety, or only part portions thereof can be used to interpret...
Commissioner of Income-tax Vs. B.K. Agarwal
Court: Allahabad
Decided on: Mar-27-2008
Reported in: (2009)227CTR(All)173; [2009]183TAXMAN434(All)
Rajes Kumar, J.1. The present appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the 'Act') is directed against the order of the Tribunal dated 31-5-2001 relating to block assessment for the period 1-4-1985 to 31-3-1995 and 1-4-1995 to 8-8-1995. The appeal has been admitted on the following two questions of law:1. Whether on the facts and circumstances of the case Hon'ble Tribunal was justified in holding that where income does not fall within Section 158B the same should not be brought to tax under Section 158BA even though covered under Section 158BB(c).2. Whether on the facts and circumstances of the case Hon'ble Tribunal was justified in holding that report of valuation officer obtained by Assessing Officer cannot be taken into consideration for block assessment unless it is co-related with some seized material.2. In brief, the facts of the case are that a search and seizure under Section 132 was carried out in the group consisting of (i) Disinfecto C...
Vishambhar Dayal Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-27-2008
Reported in: [2008(117)FLR631]
Sabhajeet Yadav, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.By the impugned order dated 18th May, 2006, the petitioner has been dismissed from service by invoking the provisions of Rule 8(2)(b) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment & Appeal) Rules, 1991 while working as Constable in Civil Police. Against the order of dismissal the petitioner preferred an appeal before the appellate authority which too has been dismissed vide order dated 27.6.2007 by the Deputy Inspector General of Police, Agra Division, Agra. Feeling aggrieved against both the orders, the petitioner has filed above noted writ petition.2. The submission of learned Counsel for the petitioner in nutshell is that while dispensing with the enquiry against the petitioner under the aforesaid provisions of rules the disciplinary authority did not record any reason as to why it is not reasonably practical to hold disciplinary enquiry against...
Satish Grover Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-25-2008
Reported in: IV(2008)BC620; 2008CriLJ3228
ORDERS.K. Jain, J.1. Heard Sri Kashi Nath Shukla, holding brief of Sri Kamlesh Kumar Dwivedi, learned Counsel for the applicant and Sri Dinesh Tiwari, learned Counsel for opposite party No. 2, Anil Kumar Bansal.2. This application under Section 482, Cr. P.C. has been made by accused applicant Satish Grover to quash the complaint and entire criminal proceedings in Complaint Case No. 29 of 02 Anil Kumar Bansal v. Satish Grover under Section 138 of the Negotiable Instruments Act, pending in the Court of Judicial Magistrate, Agra.3. It has been contended by the learned Counsel for the applicant that opposite party No. 2 in his complaint filed under Section 138 of the Negotiable Instruments Act has not disclosed the date of service of notice, therefore, the complaint is not legally maintainable. In support of his contention the learned Counsel for the applicant has relied upon the case of Shakti Travel and Tours v. State of Bihar and Anr. 2000 (2) JIC 512 (SC) : 2001 AIR SCW 2307.4. Learned...
Chaturbhuj Dixit Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-25-2008
Reported in: [2008(117)FLR632]
Sabhajeet Yadav, J.1. Heard Teamed Counsel for the petitioner and learned Standing Counsel for the respondents.It is stated that vide application dated 26.3.2003 while working on the post of Account Clerk in District Auraiya, the petitioner has sought voluntary retirement from service. On 10.6.2003 District Development Officer had accepted the aforesaid application of petitioner w.e.f. 30.6.2003. Thereafter the petitioner has moved an application on 16.3.2005 before the competent authority for withdrawing his aforesaid application but it appears that vide order dated 8.9.2006 passed by District Magistrate, Auraiya the petitioner has been, retired from service w.e.f. 30,6.2003 that is with retrospective effect.2. Learned Counsel for the petitioner has submitted that firstly when the petitioner has moved his application for voluntary retirement he did not complete the requisite service to seek voluntary retirement, which requires completion of 20 years service and attaining 45 years of a...
Shaffique Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-25-2008
Reported in: [2008(117)FLR626]
Sabhajeet Yadav, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel for respondents.It is not in dispute that the father of petitioner Late Khursheed Ahmad died on 24.2.2001 while working on the post of junior clerk in District Rural Development Agency (D.R.D.A.), Siddharth Nagar. On 25.4.2001 the mother of petitioner moved an application before Chief Development Officer for compassionate appointment of the petitioner under U.P. Recruitment Dependents of Government Servants Dying in Harness Rules, 1974 hereinafter referred to as 'the Dying in Harness Rules, 1974'. When nothing was done, the petitioner also moved an application on 21.10.2003 for appointment under Dying in Harness Rules, 1974. Feeling aggrieved by the inaction on the part of respondents, the petitioner has filed earlier Writ Petition No. 10026 of 2006 before this Court on 15.2.2000, which was disposed of vide order dated 17.2.2006 directing the respondents to consider compassionate appointment of ...
Soney Lal Vs. U.P. Electricity Board and anr.
Court: Allahabad
Decided on: Mar-20-2008
Reported in: 2008(3)AWC2235
Poonam Srivastava, J.1. Heard learned Counsel for the plaintiff/appellant and Sri S.C. Pandey, counsel for the defendant/respondents.2. The plaintiff/appellant instituted a Suit No. 564 of 1992 for mandatory injunction against Power Corporation to restore electricity connection, which was disconnected illegally despite the fact that all the dues and electricity bills were duly paid. A demand notice was served on the plaintiff for an amount of Rs. 19,115 towards minimum bill charges, which was challenged in civil suit. The trial court dismissed the suit on 23.9.2002. Against which Civil Appeal No. 17/47 of 2002 was preferred, and the same was also dismissed on 3.1.2008. Both the judgment and orders are challenged in the instant second appeal.3. Counsel for the appellant has placed extract of ledger book and submitted that the alleged electricity dues from August to December, 1986 was paid on 9.1.1987 and thus findings of the courts below are perverse on the face of it.4. Counsel for the...
Satwant Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-20-2008
Reported in: [2008(117)FLR629]
Sabhajeet Yadav, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.Counter and rejoinder affidavits have been exchanged between the parties and the case is riped for final disposal.2. The amendment application moved by the petitioner is allowed.It is stated that the petitioner is the soil of Laiji alias Mative, who was appointed as daily wager employee on the post of Beldar in the year 1984, Thereafter on 22.9.1989 he was placed in the work charge establishment of Public Works Department and permitted to work continuously as work charge employee. While working as work charge employee he died on 24.11.2003. On 22.12.2003 being only person to look after the family of the deceased employee, the petitioner moved application for his compassionate appointment under Dying-in-Harness Rules. On 24.1.2004 another application was also moved by the mother of petitioner for appointment of petitioner. Thereupon vide order dated 29.1.2004 the Executive Eng...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »