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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1977

Aug 09 1977 (HC)

Ramji Lal Vs. Ram Sanehi Lal Pandey

Court : Allahabad

Decided on : Aug-09-1977

Reported in : AIR1978All351

..... and if both parties agree to refer a matter to a third party his statement will be binding on both of them but i cannot regard the word 'information' as meaning anything but a statement of fact, and not a decision of any kind.' 9. in the aforesaid delhi case, the privy council and punjab ..... it is for the court, in pronouncing judgment, to consider its effect. but under section 20 of the evidence act statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are deemed to be admissions of the party himself. if the parties have agreed ..... a bad reference.' i, therefore, negative this contention of the learned counsel for the plaintiff-respondent. 17. i do not think that the plaintiff-respondent is right in suggesting that even after the decision of the trial court it was open to the parties to file objections treating the statement of the referee as an award ..... referee was in such a position as an arbitrator, but he held that the party was bound by an award of the arbitrator as it has waived its right to move objections to the said award. king, j, did not say anything about the basis on which he answered the first question. he merely held that ..... it does not expressly say that neither party wanted or sought to raise objection. in any case, i am very clear in my own mind that the right of a party cannot be allowed to be put into jeopardy on the basis of an order which could at best be said to be uncertain and vague. .....

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Aug 26 1977 (HC)

Chandra Bhan Hukum Chand Vs. Sales Tax Officer and ors.

Court : Allahabad

Decided on : Aug-26-1977

Reported in : [1978]41STC284(All)

..... .t.r. 170 (p.c.), when the officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information, he must not act dishonestly, vindictively or capriciously, because he must exercise judgment in the matter; he must make what he honestly believes to be a fair estimate of the proper figure ..... rounds per season as the basis for estimating the petitioner's turnovers but was content to take the number of rounds as four per year, shows that he did not act vindictively.7. but, shri burman submitted that in the earlier years the assessing authorities had found that the petitioner had used his brick kiln only for 2 1/2 rounds ..... of 1973.2. the petitioner was carrying on business of manufacturing and selling bricks. for the assessment years 1966-67 and 1967-68, the assessing authority under the sales tax act rejected his books of account and made best judgment assessments. the petitioner appealed against those assessment orders and ultimately preferred revision petitions to the additional judge (revisions).3. the additional .....

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Aug 26 1977 (HC)

Bhan Hukum Chand Vs. Sales Tax Officer and ors.

Court : Allahabad

Decided on : Aug-26-1977

Reported in : (1978)7CTR(All)16

..... tax vs. badridas ramrai shop when the officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information, he must not act dishonestly, vindictively or capriciously, because he must exercise judgment in the matter; he must make what he honestly believes to be a fair estimate of the proper figure ..... adopt five grounds per season as the basis for estimating the petitioners turnovers but was content to take the number of grounds as four per year, shows that he did act vindictively.7. but, shri burman submitted that in the earlier years the assessing authorities had found that the assessing authorities had found that the petitioner had used his brick kiln ..... of 1973.2. the petitioner was carrying on business of manufacturing and selling bricks. for the assessment years 1966-67 and 1967-68 the assessing authority under the sales tax act rejected his books of accounts and made best judgment assessment. the petitioner appealed against those assessment orders and ultimately preferred revision petitions to the additional judge (revisions).3. the additional .....

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Oct 28 1977 (HC)

Raghubir Sahai Bhatnagar Vs. Bhakt Sajjan

Court : Allahabad

Decided on : Oct-28-1977

Reported in : AIR1978All139

..... find no merit in the contention. as noted earlier, the primary purpose of prescribing procedure for service of summons is to ensure that the defendant receives information and knowledge of the plaintiffs suit and the date of hearing. if the procedure prescribed under order v rule 17 is not strictly followed and if ..... single judge of orissa high court held that service of summons on the defendant by registered post was not sufficient, as such the ex parte decree was rightly set aside by the court below. the learned judge considered the orissa amendment to order ix rule 13 which also contained a proviso to the effect ..... rule 20-a of order v which confers power on the court to effect service on the defendant by registered post was added by the central act 66 of 1956. the learned judge did not consider the effect of that rule. moreover on the evidence available in that case the learned judge ..... appear and answer the plaintiff's claim. the proviso added by this court has now been ingrafted in rule 13 itself by parliament by the amending act no. 104 of 1976. admittedly, at the relevant period when the question arose before the courts below the proviso as added by this court ?was ..... revision is directed against the order of the first additional district judge, allahabad dismissing applicant's revision filed under section 25 of the small cause courts act. the revision came up for hearing before a learned single judge of this court. he was of the opinion that since the question involved in the .....

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Sep 01 1977 (HC)

Brij Mohan Chaturvedi Vs. X Addl. Dist. Judge and ors.

Court : Allahabad

Decided on : Sep-01-1977

Reported in : AIR1978All36

..... a word in the judgment to showon what basis this conclusion was arrived at. however, the learned additionaldistrict judge has also observed thatsri tiwari informed the landlords in1963 that sri chaturvedi was living withhim as his relation. the landlords admitthat they have received rent up to 30thof june 1972. the ..... received rent from sri tiwari up to 30-6-1972 and they issued receipts for the same. thereafter sri tiwari vacated the house without information to the landlords and inducted sri chaturvedi as a sub-tenant illegally but in the eye of law the house will be deemed to have ..... petitioner will have no remedy hereafter if this petition is also dismissed as non-maintainable. section 14 of the act confers a right on an unauthorised occupant under certain circumstances. to enforce this right there must be a remedy. in the circumstances of this case the writ petition is clearly maintainable, i ..... 1967. the petitioner filed a large number of letters received from his clients and others at the address of this house. these letters were rightly ruled out of consideration by the learned additional district judge on the ground that they were not proved. there were a good number of notices ..... upon by the opposite parties no doubt lay down that an order declaring vacancy is merely an interlocutory order which does not prejudice the rights of any one and the writ petition challenging notification of vacancy is premature and not maintainable but the facts of these oases were entirely different .....

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Dec 07 1977 (HC)

Hola Ram and ors. Vs. General Manager, Northern Railway.

Court : Allahabad

Decided on : Dec-07-1977

Reported in : (1978)7CTR(All)135

..... applicants and the defendant opposite party no. 6 for setting aside the same. the grounds taken by them was that they did not receive any notice or information about the suit. the trial court did not accept the contention raised on behalf of the applicants and defendant opposite party no. 6 about the non-service ..... of the notices. the trial court further held that, in any case the rights of the parties were amply protected in the order dated 6-12-1976 with the result that the trial court vide its order dated 16th of december, ..... by the railway department.9. the contention raised on behalf of the applicants that the amount in question could not be attached and that the trial court acted illegally in making in direction for that amount being sent to the railway cannot therefore be accepted.10. as for the second part of the impugned order ..... party no. 4 an furnishing security to the extent of rs. 95,000.00.learned counsel for the applicants contended that s. 226 of the income tax act does not apply to a court. learned counsel further contended that, in any case, the income tax officer can issue a notice under s. 226 only with ..... to the partnership firm a sum of rs. 1,91,362.00 was attached and recovered by the income tax officer under s. 226 of the income tax act, 1961. manohar lal, one partner of the allegedly reconstituted partnership then filed a writ petition in this court being writ petition no. 6181 of 1973. the .....

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Aug 19 1977 (HC)

Subhash Chandra JaIn Vs. Smt. Vidyut Jain

Court : Allahabad

Decided on : Aug-19-1977

Reported in : AIR1978All234

..... and keep her with him proved futile, she herself went to delhi in june, 1971 but the applicant refused to keep her with him and informed her that he was intending to marry one km. ushi. it is asserted in the plaint that in view of the provisions of the hindu marriage ..... the preliminary issue, the applicant has filed this revision under section 115 of the civil p. c.4. learned counsel appearing on behalf of the applicant has rightly and frankly conceded that as far as the reliefs for the grant of a decree of maintenance allowance and for a permanent injunction to restrain the applicant from ..... at etah. under the circumstances, in my judgment, the claim for return of the ornaments to which the plaintiff-opposite party claims to be her stridhana, was rightly entertained by the learned civil judge at etah.12. i can see (no) legal infirmity in the decision of the learned civil judge sought to be revised and ..... party to obtain a decree for return of the ornaments arose merely because they constituted her stridhan over which even her husband had no domain and had no right to retain against her will. if the property had not been a stridhan, the suit for its return itself could not have been maintainable. it was consequently ..... act, 1955, the opposite party was entitled to the benefits of a monogamous marriage and the applicant could not marry a second time as long as .....

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May 17 1977 (HC)

ElgIn Mills Co. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Decided on : May-17-1977

Reported in : [1978]111ITR287(All)

..... assistant commissioner were correct or not. the only question that arises for determination at this stage is whether these three notices were based on any new information which came into the possession of the income-tax officer subsequent to the original assessments. in raj kumar shrawan kumar v. central board of direct ..... india, corporation ltd., that he resigned from that company on september 30, 1963, and that throughout his services were loaned to the assessee. this information, according to the income-tax officer, would lead to the inference that the retirement benefit including gratuity paid to this officer should have come from ..... of this court (of which one of us was a member) held that an information coming from the audit department of the ministry of law would amount to 'information' within the meaning of section 147 of the income-tax act. in view of this ruling, we are unable to accept the contention of sri ..... jagdish swarup, learned counsel for the petitioner, that the income-tax officer had no information on the basis of which he ..... could form a belief that the income chargeable to tax has escaped assessment and that he proceeded merely on a change of his earlier opinion.8. thus, none of the impugned notices under section 147 of the act is shown to be .....

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Apr 19 1977 (HC)

Smt. Munni Devi and anr. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Apr-19-1977

Reported in : AIR1977All386

..... of the constitution. ex. 36 is a letter from the president of the municipal board, sandila to the district magistrate, hardoi whereby the president informed the district magistrate that the lease of nazul land in favour of sita ram had expired on 1-12-1949 and there was a provision for renewal. ..... he further informed the district magistrate that enhanced rent was being realised from the date of the expiry of the old lease. he, therefore, requested the district ..... created was an annual and not a monthly lease. they sought to take the benefit of section 53a of the transfer of property act. according to the defendants their lease-hold rights were admitted and recognised not only by the municipal board, sandila but also by deputy commissioner, hardoi. they however, admitted that the ..... of estoppel and acquiescence. this contention, in my view, has no substance. mere sanction of a plan by the municipal board would not create a right in favour of the appellants to continue their occupation for another period of thirty years, nor would it debar the respondent from terminating the tenancy by ..... in the renewal clause of lease deed. it is a well-settled proposition that when the covenant of renewal is subject to conditions precedent, the right of renewal only arises when notice is given to the lessor in terms of the renewal clause and the lessee has performed all the conditions precedent .....

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Oct 24 1977 (HC)

Behari Lal Paleria Vs. the State

Court : Allahabad

Decided on : Oct-24-1977

Reported in : 1978CriLJ247

..... sub-inspector c. n. mehrotra of railway protection force at agra cantt. received information through an informer that many utensils and brasswares had been stolen away from the transhipment shed of agra cantt, in the night between may 14 and 15, 1969 ..... in the result the revision is partly allowed to this extent that the conviction of the applicant under section 3 of the railway property (unlawful possession) act is maintained but the sentence of imprisonment is reduced to the sentence already undergone. the sentence of fine is, however, maintained. in default of payment of ..... sayeed v. state (supra). once it is held that the investigation made by an officer of the railway protection force under the railway property (unlawful possession) act, is not an investigation under section 161, cr. p. c and as such section 162, cr.pc is not attracted, it will naturally follow that the ..... 9-1973 in criminal appeal no. 496 of 1972, affirming the conviction and sentence of the applicant under section 3 of the railway property (unlawful possession) act.2. the prosecution case is that the applicant was assistant sub-inspector in the railway protection force and was [posted at agra. on 17-5-1969. ..... supported by the patient's outdoor card and prescription. he has prayed that benefit of the u. p. first offenders' probation act be given to the applicant. the age of the applicant is given as 45 yeans. the scheme of the u. p. first offenders' probation .....

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