Allahabad Court August 2010 Judgments
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Ms. Phoenix Lamps India Ltd., Noida Vs. Asstt. Commissioner of Income ...
Court: Allahabad
Decided on: Aug-31-2010
1. By means of the present writ petition the petitioner is challenging the validity of the notice dated 6.5.2002 for the assessment year 2000-01 under Section 148 of the Income-Tax Act, 1961 (called the 'Act' for short). 2. The petitioner is a company incorporated under the Indian Companies Act, 1956. The case of the petitioner is that its manufacturing unit was established in a free trade zone in the year 1993 and was engaged in the manufacturing and export of electrical lamp and, thus, its profit derived from such undertaking was exempted from tax for a period of 10 consecutive assessment years under Section 10-A of the Act. Ten years expired in the assessment year 2002-03 relevant to the financial year 2001-02. The petitioner filed income-tax returns for the assessment years 1993-94 onwards. The petitioner has also filed income-tax return for the assessment year 2000-01 on 23.11.2000 declaring NIL taxable income. The petitioner claimed exemption on an income of Rs. 8,21,01,337/- und...
Smt. Vineeta Maurya Vs. the State of U.P.
Court: Allahabad
Decided on: Aug-30-2010
1. This is an application under Section 482 CrPC moved by the petitioners to quash the proceedings of Criminal Case No. 1323/2008 under Sections 406 and 420 IPC State vs. Smt. Vineeta Maurya & Ors. Pending in the court of Judicial Magistrate-III, Lucknow along with order dated 20.09.2008 and 20.02.2009 contained in Annexure-1 and Annexure-2 respectively of the petition. 2. Heard learned counsel for the petitioners as well as learned AGA for the State and perused the record. 3. Brief facts of the case are that an FIR was lodged by the respondent No. 3 Rajesh Bahadur Singh against the petitioners and other with the averments that Smt. Vineeta Maurya petitioner No. 1 and respondent No. 3 entered in an agreement to sale and purchase of the property belonging to Smt. Vineeta Maurya for a sum of Rs. 20 lacs. Out of that Rs. 7 lacs were paid as an advance money to petitioner No. 1 by the respondent No. 3 and agreement to sale was executed and registered on 13.11.2006. As the property was ...
Azim Ullah Vs. D.J.
Court: Allahabad
Decided on: Aug-30-2010
1. Heard learned counsel for the parties. 2. This petition is directed against a vacancy order dated 27.5.1996. The connected petition no. 19162 of 1997 is directed against the release order granted in favour of the respondent-landlord but its fate would depend upon the decision of the present case. 3. The dispute relates to a shop on the ground floor of a building No.128/91, Block B, Kidwai Nagar in Kanpur of which the respondents are the owners in possession. The respondents instituted a SCC suit no. 39 of 1988 against the petitioner under section 20 of U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) treating him to be a statutory tenant of the disputed shop from 1979 @ Rs.90/- per month for eviction on the ground of arrears of rent from 1.4.1983 to 18.1.1988 and material alternation. The petitioner filed written statement denying default and further alleging that he was inducted by the father of the respondents as an unauthorized occupant in 1979 without an order of...
Sadha Singh Vs. State of U.P. Thru. Secr. Audyogik Vikas and ors.
Court: Allahabad
Decided on: Aug-30-2010
1. By means of this writ petition the petitioner has sought reliefs with prayer to issue a writ of certiorari quashing the order dated 23.3.2009 (Annexure No.8 to the writ petition) passed by respondent no.4 and the order dated 6.4.2010 (Annexure No.9 to the writ petition) passed by respondent no.3 as well as the orders dated 22.2.2010 and 24.4.2010 (Annexures C.A.1 and C.A.2 to the counter affidavit) passed by respondent no.4 and has further prayed to issue a writ of mandamus directing the respondents to act in accordance with law and restraining them from interfering with the petitioner's right to withdraw the amount of compensation, which is lying in his account in the Bank of India, Branch Surajpur, Greater Noida, Gautam Budh Nagar. 2. We have heard Shri M.D. Singh Shekhar, learned counsel for petitioner and learned Standing Counsel for State on rival contentions of parties in this writ petition and perused the record. Counter and rejoinder affidavits have been exchanged between th...
Smt. Heerawati Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-28-2010
1. Heard Sri Rakesh Kumar Mathur, learned counsel for the petitioner, Sri S.K. Verma, learned Senior Advocate assisted by Sri Siddharth Verma has been heard for respondent no. 7 and learned Standing Counsel for the respondents no. 1 to 6. 2. This writ petition is being finally decided with the agreement of the learned counsel for the parties as the writ petition raises only legal issues. 3. Brief facts giving rise to this writ petition are; that the petitioner was elected as Member of Block Development Committee from Kshettra Panchayat Sujanganj, district Jaunpur. Subsequently according to the provisions of Section 7 of the Uttar Pradesh Kshettra Panchayat& Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as Act of 1961), the petitioner was elected as Senior Up-Pramukh on 27.2.2006. Thereafter the petitioner has been continuing as Senior Up-Block Pramukh. Against Smt. Bindu Devi, who was elected as Pramukh, a no confidence motion was passed which was challenged by her befor...
Nanhey and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-28-2010
1. This criminal revision has been directed against the judgment and order dated 17.6.1988 passed by IIIrd Additional Sessions Judge, Jalaun at Orai in Criminal Revision No.242 of 1987 (Tulsi Ram v. Nanhe and others), wherein the revision has been allowed and the order dated 21.8.1987 passed by the trial court in Complaint Case No.201 of 1986 has been set aside and the case has been sent back to the court below for trial in accordance with law. 2. The brief facts arising out of the case are that the respondent no.2 Tulsi Ram instituted a complaint case bearing no.201 of 1986 (Tulsi Ram v. Nanhe and others) under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kalpi, District Jalaun with this allegation that the respondent no.2 Tulsi Ram was having a dwelling house in village Har Raipur and some agricultural land in village Gargawa and Har Raipur within the circle of P.S. Kalpi, District Jalaun, over which he was having peaceful possession, but on 30.4.1984 the revisionists Nanhe a...
Ms. Kesar Enterprises Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-28-2010
1. By means of the present petition the petitioner seeks the following reliefs : "(i) that a suitable writ, order or direction in the nature of writ of certiorari be issued quashing the reassessment proceedings under Section 21 of U.P. Trade Tax Act for the assessment years 1997-98, 1998-99, 1999-2000 and 2000-2001 in pursuance of the notice dated 3.12.2003 (enclosed herewith as Annexure-7 to this petition); (i-A) that a suitable writ, order or direction in the nature of certiorari be issued quashing the orders dated 24.11.2003 passed by Additional Commissioner, Grade I, Trade Tax Bareilly Zone, Bareilly, respondent No. 3 (enclosed as Annexure-6 to the writ petition) for the assessment years 1997-98 to 2000-2001; (ii) that a suitable writ, order or direction in the nature of certiorari be issued quashing the circular dated 30.9.2003 directing for imposition of tax on poly pouches in which the country liquor was packed and sold (enclosed as Annexure-4 to this writ petition); (iii) that ...
Arvind Kumar Singh Vs. State of U.P.
Court: Allahabad
Decided on: Aug-28-2010
1. These criminal revisions have been directed against the common judgment and order dated 10.7.2001 passed by Additional Sessions Judge, Court No.2, Varanasi in Criminal Appeal N0. 10 of 2000 (Izharul Hasan v. State of U.P.) and Criminal Appeal No.15 of 2000 (Arvind Kumar Singh v. State of U.P.) by which both appeals have been dismissed with the direction to reduce the sentence imposed by the trial court on the revisionists. 2. The brief facts arising out of the case are that an F.I.R. was lodged by complainant Dinesh Kumar Tiwari on 15.9.1987 at 15.10 P.M. at P.S. Sigra of District Varanasi with this allegation that an advertisement was got published by Sachiv, General Manager Jan Kalyan Sansthan, Lallapur, Varanasi, U.P. in Dainik Jagran dated 11.8.1987 inviting applications alongwith bank drafts of Rs.20/- each for the posts of Office Superintendents and Supervisors, for which complainant Dinesh Kumar Tiwari also deposited his application and bank draft of Rs.20/- in the said offic...
Tabarak Ali Vs. State of U.P.
Court: Allahabad
Decided on: Aug-28-2010
1. his criminal revision has been directed against the judgment and order dated 12.7.1985 passed by VIIth Additional Sessions Judge, Moradabad in Criminal Appeal No.29 of 1984. The appellate court has partly allowed the appeal and the judgment and order dated 20.1.1984 passed by IInd Additional Munsif Magistrate, Amroha, District Moradabad in Criminal Case No. 71 of 1983 has been modified to this extent that the sentence of imprisonment awarded to the revisionist Tabarak Ali for offence under section 326/34 has been reduced to R.I. for six months and to pay fine of Rs.1000/- but the sentence of the revisionist for offence under section 324/34 has been reduced to the imprisonment till rising of the court and to pay fine of Rs.1000/-. 2. The brief facts arising out of the case are that a grove situated in plot no.311 area 25 decimal belongs to Ali Akhtar Complainant. The accused Shahid Ali had filed a suit regarding the said grove against the complainant, but he had lost his case due to ...
Abdul Razzaque Vs. State of U.P.
Court: Allahabad
Decided on: Aug-28-2010
1. By means of the present petition filed under section 482 Cr.P.C., the petitioner has invoked inherent powers of this Court with the prayer that the order dated 5.10.2007 passed by the Additional Sessions Judge/ Fast Track Court No.2, Gonda in Sessions Trial No. 289/1998 State vs. Aqeeq, whereby the accused opposite party no.2 was declared a juvenile and paragraph 54 of the judgment dated 20.8.2008 rendered in the said Sessions trial, whereby the juvenile accused has been forwarded to the Juvenile Justice Board for hearing on quantum of sentence and for passing the appropriate order for sentence, be quashed. 2. A resume of the factual matrix of the case is that the petitioner (complainant of the case) had lodged a report against opposite party no.2 for causing death of his brother Abdul Jabbar, (the father in law of opposite party no.2) by assaulting him with knife on 11.5.1998 . On the basis of the report a case under section 302 Cr.P.C. was registered as case Crime No. 110/1998 at ...
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