Court : Allahabad
Decided on : Mar-25-1986
Reported in : AIR1987All56
R.M. Sahai, J.1. Renewal of Nazul land leases of Civil Lines, Allahabad, sprawled over an area of approximately 662 acres, one of the poshest localities of the town, renowned for its quiet serenity, famous for its, till recently, sophisticated looking marketing centre, inhabited by Judges, Lawyers, doctors, educationists, journalists, businessmen and now by a neo-rich class as well with no ostensible means but affluent and powerful, least but no less important out-house dwellers with no right or title but vote bank, has been eluding solution for more than two decades now. If the first phase beginning from March, 1959, when government issued order laying down conditions for renewal of leases, came to an end in April, 1965 when government directed the District Magistrate to renew leases of those who complied with modified conditions was marked with representations and objections by lease-holders' Association to what appeared to them to be unreasonable restrictions on right of alienation ...
Tag this Judgment!Court : Allahabad
Decided on : Aug-07-1986
Reported in : 1987CriLJ421
ORDERV.K. Mehrotra, J.1. Indian Airlines Flight No. 251 was boarded by Lakhmir Singh son of Sri Mahan Singh on Aug. 25, 1985 at Kathmandu in Nepal. Little did he realise what lay in store for him. The flight was heading towards Delhi. It touched the, Babatpur Airport at Varanasi at about 12.30 in the day. Lakhmir Singh got out of the plane. He was called to counter No. 1 by the Customs Authorities and asked to give search. No contraband articles were recovered from the person of Lakhmir Singh nor from the two bags which he was carrying at that time. On enquiry, Lakhmir Singh declared that he had no other luggage and prayed that the formalities may be completed soon as he had to proceed to Delhi by the same flight. The Customs Authorities, however, took him back to the plane as they had been alerted through information given to them secretly that Lakhmh Singh was carrying some contraband goods which he was taking to Delhi for clandestine sale. They sought permission of the Engineer In-c...
Tag this Judgment!Court : Allahabad
Decided on : Sep-30-1986
Reported in : [1987]167ITR283(All)
K.C. Agrawal, J.1. Jagwansh Kumar has challenged the validity of Sub-clause (iii)(b) of Clause (14) of Section 2 of the Income-tax Act, 1961.2. Section 3 of the Finance Act, 1970, substituted Section 2(14)(iii) from April 1, 1970, by a new provision, the relevant portion of which is reproduced below :'3. Amendment of Section 2.--In Section 2 of the Income-tax Act,-- (a) in Clause (14), for Sub-clause (iii), the following sub-clause shall be substituted, namely :-- ' (iii) agricultural land in India, not being land situate--... (b) in any area within such distance, not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette 3. The object of this amendment is to bring within the term 'capital asset', agricultural land situate...
Tag this Judgment!Court : Allahabad
Decided on : Mar-12-1986
Reported in : AIR1987All155
B.D. Agarwal, J. 1. This is plaintiff's appeal directed against the trial court's decree dt. Jan. 1, 1972 passed under Order 34, Rule 4, Civil P.C. in original Suit No. 152 of 1969.2. The defendant executed a mortgage under registered instrument in plaintiffs favour on Jan. 7, 1961 in respect of the property detailed at the foot of the plaint. The consideration was Rs. 23,000,00 repayable with interest at the rate of 12% per annum within a period of four years. For the payment of interest the mortgage stipulates that the mortgagee would be entitled to realise Rs. 102/- per month being the rent from three tenants in the shops referred to as Items 1, 2 and 3 respectively in the Schedule 'A' appended to the deed of mortgage. In case the mortgagee is put in possession over the land referred to in Schedules 'B' and 'C, he was to be deemed to be a tenant in respect thereof on rent at the rate of Rs. 58/- and 40/-respectively. A sum of Rs. 128/- per month was thus to be set off towards intere...
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