Court : Allahabad
Decided on : Mar-11-1991
Reported in : 1991CriLJ2881
A.P. Misra, J.1. The present petition is directed against the order dated 22nd August, 1990 detaining the petitioner and for quashing the same. The petitioner has further sought for a direction for releasing him forthwith from the detention.2. The incident is said to have taken place on 15-3-1990 when according to the respondents the petitioner was intercepted by the G.R.P. Mughal Sarai and from his possession six gold biscuits were recovered. Since this case relates to the Customs Department, it was transferred along with the recovered articles to the officials of the Customs Department on the same day. On 16-3-1990 the petitioner was produced before the Chief Judicial Magistrate, Varanasi and after obtaining proper remand order, he was sent to Jail. Petitioner's statement was also recorded both on 15-3-1990 and 16-3-1990 and as per his statement it is revealed that the recovered gold belonged to Ratan Kumar Agarwal of Allahabad. On 18-4-1990 the statement of Ratan Kumar Agarwal was r...
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-1991
Reported in : [1993]203ITR93(All)
B.P. Jeevan Reddy, C.J.1. CMWP No. 909 of 1990 and CMWP No. 1362 of 1990. These two writ petitions filed by Sardar Harinder Singh can be disposed of under a common order. The reliefs sought for in CMWP No. 1362 of 1990 are for issuance of an appropriate writ, order or direction, (1) restraining the income-tax authorities from handing over the seized goods to the Central Excise Department and (2) restraining the Central excise authorities from compelling the income-tax authorities to part with primary gold seized from the petitioner in favour of the Central Excise Department.2. The reliefs sought for in CMWP No. 909 of 1990 are (1) to restrain the Tax Recovery Officer from realizing the income-tax dues by sale of the assets and properties of the petitioner until they sell the assets seized by them towards the tax liability of the petitioner and (2) direct the income-tax authorities to sell the seized gold and adjust it against the tax liability and the penalty imposed against the petiti...
Tag this Judgment!Court : Allahabad
Decided on : May-03-1991
Reported in : AIR1991All369
ORDERB.P. Jeevan Reddy, CJ.1. This writ petition calls in question the validity of a letter dated 30th November, 1990 written by the Secretary to Government of U.P. addressed to heads of Government departments, public corporations and other local bodies. Through this letter, the Secretary to Government conveyed the decision of the Government that all the departments of the Government, public corporations and other local authorities in the State should obtain the electronic goods specified in the letter from M/s. Uptron (India) Ltd., alone. M/s. Uptron (India) Ltd., is a company incorporated under the Companies Act owned and controlled by the Government of U.P. and engaged in the manufacture of electronic goods. The first petitioner M/s. International Data Management Ltd. is a public limited company having its registered office at New Delhi and engaged inter alia in manufacture and sate of electro-nic goods mentioned in the impugned letter. The petitioners challenge the validity of the ...
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