Allahabad Court July 2009 Judgments
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Ranjit Narang Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jul-20-2009
Reported in: [2009]317ITR332(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in holding that the capital gain arising from the transfer of shares, which was chargeable to tax in the assessment year 1990-91, but which, in view of the provisions of Section 54F of the Act became liable to be taxed in the assessment year 1993-94 should be computed in accordance with the law applicable to the assessment year 1993-94?2. Briefly stated the facts giving rise to the present appeal are as follows:3. The reference relates to the assessment year 1993-944. During the previous year relevant to the assessment year 1990-91, the assessee had sold 4000 shares of M/s. Ballarpur Industries Limited for a consideration of Rs. 6,68,150. The assessee wanted to avail of...
Raj Kumar Vs. Lal Khan (D) Through L.Rs.
Court: Allahabad
Decided on: Jul-20-2009
Reported in: 2009(4)AWC3488
Poonam Srivastav, J.1. Heard Sri S.C. Mandhyan, learned Counsel for the petitioner and Sri Rlshi Chaddha advocate for the landlord/respondent.2. The landlord instituted a release application under Section 21(1)(a) of the U.P. Act No. 13 of 1972 (hereinafter referred as the Act) to release the accommodation No. 29/274/4 Katra Haji Hasan Nala, Peepal Mandi, Agra. The release application was filed on the ground that the landlord had purchased another House No. 29/274/3 and 29/274/5 situated in Katra, Haji Hasan. Nala, Agra from Dr. Abdul Jalil Beig vide sale deed dated 30.10.1998 for starting a school in the name of L.K. Mansoori Public School. The disputed accommodation was required for extension of school. Besides, the tenant had taken unauthorized possession of one room on the ground floor and one room on the first floor, open roof and staircase of which he was not a tenant. In fact only astbal and phatak was let out at rent of Rs. 50 per month. Previously the landlord was running his ...
Harendra Singh Chaddha Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2009
Reported in: 2009(4)AWC3491
Devi Prasad Singh, J.1. Heard the learned Counsel for the petitioner.2. The short question involved in the present petition is as to whether after expiry of period of the term of Committee of Management under Rule, the Registrar has got power to permit the Committee of Management to hold election. According to the petitioner, the elections can be held by the Assistant Registrar himself according to provisions of Section 25(2) of the Societies Registration Act. The election was held on 16.5.2004. The term expired on 16.5.2007. Accordingly, the submission of the counsel for the petitioner is that the Registrar is to hold election of Sri Guru Singh Sabha, Gurudwara Road, Saharanpur in pursuance to power conferred of Section 25(2) of the Societies Registration Act. The petitioner had filed Writ Petition No. 63817 of 2007, Harendra Singh Chaddha v. State of U.P. and Ors. before this Hon'ble Court which was decided finally by the order dated 20.12.2007. Operative portion of judgment is being...
Subodh Kumar Yadav Vs. District Magistrate/Chairman District Shiksha S ...
Court: Allahabad
Decided on: Jul-20-2009
Reported in: 2009(4)AWC3487
ORDERRakesh Tiwari, J.1. Heard counsel for the petitioner, Sri Ravi Shanker Prasad for the respondents and perused the record.2. The petitioner was appointed as Shiksha Mitra on 2.8.2002 in village Jagir, Post and Block Sheohara, Dhampur, Bijnor. Services of Shiksha Mitra are contractual in nature and Shiksha Mitra is appointed for a period of one year according to contract. The petitioner was reappointed as Shiksha Mitra for the year 2003 and thereafter his appointment was cancelled by resolution dated 30.6.2003 appended as Annexure-3 to the writ petition. He was again appointed on that post for the year 2003-04. It appears that a complaint was made against appointment of the petitioner on the ground that post of Shiksha Mitra in the village was reserved for O.B.C. (woman) and appointment of the petitioner who was a Scheduled Caste candidate was not in accordance with the Rules. The petitioner claims that he was a Backward Class candidate and therefore there was no illegality in his a...
Prem Prakash Sharma and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2009
Reported in: 2009(4)AWC3493
Rakesh Tiwari, J.1. Heard learned Counsel for the petitioners, the learned standing counsel appearing for the State-respondents and also perused the record.2. This writ petition has been filed by four petitioners challenging the order dated 27.3.2002 by which the services of the petitioners have been terminated by the respondent No. 4. The said orders of their termination are appended as Annexures-1OA, 10B, 1OC and 10D to this writ petition. The petitioners have also sought a writ of mandamus for commanding the respondents not to disturb them in their peaceful working in their respective trades (Electrician and Helpers) in Public Works Department, regularise their services and to pay them the salary equal to other employees.3. At the time of admission, the Court while granting time to the learned standing counsel for filing counter-affidavit, indicated that this writ petition will be listed on 2.5.2002 for consideration of the interim relief. It appears from the order sheet and the sta...
Quadri Begum Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-2009
Reported in: 2009(4)AWC3608
Devi Prasad Singh, J.1. Heard the learned Counsel for the petitioner Sri Haridwar Singh and learned standing Counsel and perused the record.2. The petitioner, who was elected as Gram Pradhan of Gram Panchayat, Alipur Vikas Khand Aliganj, district Etah, has approached this Court under Article 226 of the Constitution of India feeling aggrieved against the order of removal from the office of Pradhan, dated 12.11.2008, passed by the District Magistrate, Etah under Section 95(1)(g) of U.P. Panchayati Raj Act, 1947.3. Submission of petitioner's Counsel is that the impugned order has been passed in violation of principles of natural, justice. The petitioner was never associated with the inquiry at any stage and instead, after receipt of inquiry report, the District Magistrate has passed the impugned order. According to petitioner's Counsel on 16.10.2007, the Assistant Engineer made a spot inspection with regard to verification of construction work and thereafter he submitted report dated 22.1...
Commissioner of Income-tax Vs. Brihdaranyak Mandal (Trust)
Court: Allahabad
Decided on: Jul-20-2009
Reported in: [2009]319ITR363(All)
1. The Income-tax Appellate Tribunal, Allahabad, 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 facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the income of the assessee-trust is exempt on the interpretation of the provisions of Sub-section (4A) of Section 11 of the Income-tax Act, 1961?2. Briefly stated the facts giving rise to the present reference are as follows:3. The reference relates to the assessment years 1990-91 and 1991-92.4. Dr. Ashwani Kumar, a Professor of Mathematics of I.I.T. Kanpur, formed a trust under the name and style of M/s. Brihdaranyak Mandal (Trust), Kanpur, with a sum of Rs. 11,000 through a trust deed dated January 25, 1988. The aims and objects of the trust were to educate the general masses about the ancient glory and cultural heritage of the country, to acquaint them with ...
Virendra Kumar Vs. Bhagwat Dayal (D) Through L.Rs. and ors.
Court: Allahabad
Decided on: Jul-17-2009
Reported in: 2009(4)AWC3621
Shashi Kant Gupta, J.1. This revision is directed against the order dated 6.7.1985, passed by First Additional District Judge, Meerut in Misc. Case No. 34 of 1984 whereby the application of the revisionist for setting aside ex-parte decree has been rejected with costs for non-compliance of proviso to Section 17 of Provincial Small Cause Courts Act (hereinafter referred to as the Act).2. The background facts in a nutshell essentially are as follows:3. The revisionist was a tenant of the disputed shop in question at a monthly rent of Rs. 175 per month. Suit No. 20 of 1984 for arrears of rent and ejectment was filed by the plaintiffs opposite parties. The defendant was served by publication, but he did not turn up to contest the suit. The plaintiffs suit for arrears of rent and ejectment was decreed on 18.8.1984. The operative portion of the order dated 18.8.1984 is quoted below:The plaintiffs suit for the recovery of arrears of rent, interest and costs of service of notice for damages fo...
State of U.P. and anr. Vs. Smt. Rehana Begum and anr.
Court: Allahabad
Decided on: Jul-17-2009
Reported in: 2009(4)AWC4145
Satish Chandra, J.1. Heard Sri Pramod Kumar, learned Counsel for the appellants and Mohd. Ahtisham Khan, learned Counsel for the respondents.2. This appeal has been filed under Section 173 of the Motor Vehicles Act against the judgment and order in Claim Petition No. 201 of 2002, passed by Motor Accident Claims Tribunal, Sultanpur on 7.9.2004.3. The brief facts of the case are that on 23.7.2002 at about 6.30 p.m. late Sri Mohd. Anwar was coming from Sahabganj. The driver of Police Truck No. U.P.-44-A/5202 was driving truck negligently and hit Mohd. Anwar, who sustained grievous heart. Mohd. Anwar was shifted to the hospital and next day he died in Medical College, Lucknow. Mohd. Anwar was the student of the Class-V and was aged about 10 years.4. The Tribunal has awarded total compensation of Rs. 1,00 lac. The deceased Mohd. Anwar was child of ten years of age so his notional income was about Rs. 15,000 per annum. By deducting l/3rd, for the purpose of compensation the income was taken ...
Commissioner of Income-tax Vs. Prabhu Dayal and Brothers
Court: Allahabad
Decided on: Jul-16-2009
Reported in: [2009]317ITR324(All)
1. The Income-tax Appellate Tribunal, Allahabad, 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:(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that in view of the assessee filing the return of income within the time up to which extension had been sought and making the payment of tax under Section 140A within that extended time, the assessee had satisfied the condition of the Central Board of Direct Taxes circular for payment of self-assessment tax within the normal period prescribed under Section 139(1) of the Act for filing the return of income and thereby cancelling the penalty imposed under Section 271B of the Income-tax Act?2. Briefly stated the facts giving rise to the present reference are as follows:3. The reference relates to the assessment year 1985-86. In terms of the provisions of Section 44AB of t...
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