Allahabad Court December 1980 Judgments
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Adarsh Nagar Co-operative Housing Society Vs. the State of U.P. and or ...
Court: Allahabad
Decided on: Dec-12-1980
Reported in: AIR1981All130
N.D. Ojha, J. 1. Adarsha Nagar Coop. Housing Society Ltd., Kanpur, the petitioner, is a society registered under the U.P. Co-operative Societies Act, 1965. Certain plots purchased by this society and owned by it were sought to be acquired by the respondents. A notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was accordingly issued on 8th Jan., 1973, a copy where of has been filed as Annexure D to the writ petition. This notification indicates that the public purpose for which the land was sought to be acquired was 'construction of residential quarters for the Married Air Force Personnel'. This notification also stated that since the matter was one of urgency the provisions of Section 5-A of the Act will not be applicable. On the other hand the provisions of Section 17(1) of the Act were applied. Subsequently on 23rd Jan., 1973 a notification under Section 6 of the Act was issued. It is these two notifications which are sought to be quashed i...
Shiv NaraIn Sharma Vs. Shri Lal Ram and anr.
Court: Allahabad
Decided on: Dec-12-1980
Reported in: AIR1981All365
K.M. Dayal, J. 1. The present Execution Second Appeal has been filed by Shiv Narain Sharma who claims to be the owner of the property attached. The property in dispute is a bus and Shiv Narain Sharma claims to be the owner of the bus which was being run under the permit of the judgment-debtor. The bus was being attached under Order 38, Rule 5 during the pendency of the suit itself. Objections were filed by Shiv Narain Sharma which are still pending in the nature of objections under Order 21, Rule 58, C.P.C. By order dated 16-8-73 a Receiver was ordered to be appointed to run the bus and deposit the income of the bus in the court. An appeal was filed by Shiv Narain Sharma which had been dismissed by the court below on 31-1-74. From the judgment of the lower appellate Court it is clear that the objections of Shiv Narain Sharma under Order 38, Rule 8, C.P.C. in the nature of objection under Order 21, Rule 58 are still pending and the ownership of the bus is to be determined. The decree-ho...
Luxco Electronics Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Dec-12-1980
Reported in: [1981]48STC540(All)
C.S.P. Singh, J.1. This case has come up before us on a reference made by the learned single Judge of this Court. The facts leading to this reference may be shortly stated.2. In the assessment year in question the account books of the assessee, who dealt in loud-speakers, amplifiers and parts was rejected and the turnover estimated. Two reasons were given by the assessing authority for rejecting the accounts, one was that there was a difference in the book version and the turnover shown in the return, and the second was that the assessee had not maintained a manufacturing register. When the matter came up in revision at the instance of the assessee, the explanation given by the assessee for the difference in the turnover as shown in the accounts and that given in the return was accepted, but the rejection was upheld on account of the assessee not having maintained a manufacturing register as required by Section 12(2) of the Act.3. The effect of not complying with the provisions of Sect...
Smt. Sulochana Devi and ors. Vs. Ramkumar Chauhan and anr.
Court: Allahabad
Decided on: Dec-11-1980
Reported in: 1981CriLJ493
ORDERP.N. Bakshi, J.1. In proceedings under Section 125, Cr. P.C. the Resident Magistrate Haridwar passed an order directing Ram Kumar to pay Rs. 150/- to Jitendra Kumar, his minor son under the custody of his mother Smt. Sulochana Devi wife of Ram Kumar. Against that order a revision was filed by Ram Kumar before the Sessions Judge, Saharanpur, which was dismissed on. 1st April, 1978, It appears that Ram Kumar failed to pay the maintenance allowance awarded by the Court to his minor son, with the result that the minor had to apply to the court for execution of the order. On 28th August, 1979, the Munsif Magistrate directed warrants to be issued for the attachment of moveable property belonging to the opposite party. Aggrieved thereby a revision was filed before the Sessions Judge, Saharanpur, which has been allowed on 9th December, 1979. Hence this revision.2. It appears that in the instant case the application under Section 125, Cr. P.C. was filed before the Executive Magistrate on 1...
Babu Lal and anr. Vs. State of U. P.
Court: Allahabad
Decided on: Dec-11-1980
Reported in: 1982CriLJ1020
ORDERN.N. Sharma, J.1. All these four cases are being disposed of by this common order as they arise out of the same facts.(2) It appears that the revisionists were sent up in Cases Nos. 355 of 79 and 356 of 79 of police station Kolwali Fatehpur on 8-9-1979 to stand their trial Under Section 3/7 of the Essential Commodities Act (Act No. 10 of 1955) Crime Nos. 4 and 5 of 78 Kotwali, Fatehpur. Cognizance of the offence was taken by the Chief Judicial Magistrate on 12-2-1979. After adjournments dated 8-7-80 and 198-80 revisionists were charged by learned Magistrate on 28-4-80. Pending this case it transpired that requisite sanction for prosecution was wanting. Section 11 of the aforesaid Act relating to sanction is extracted below:11. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of the Penal Code (45 of 1860).This Section was ame...
Mansa Tewari and ors. Vs. Subh NaraIn and ors.
Court: Allahabad
Decided on: Dec-05-1980
Reported in: AIR1981All169
V.K. Mehrotra, J.1. This appeal arises out of proceedings under Section 144, C.P.C. The necessary facts are these: Subh Narain and his two brothers, who are the first three respondents in this appeal, filed Suit No. 359 of 1961 against Mansa Tewari and two others, the present appellants, and Vishwa Nath and others, who have been impleaded as respondents second set, for possession over some agricultural plots. The suit was decreed by the trial court and that decree was upheld by the lower appellate court. The present appellants filed a Second Appeal in this Court. In the appeal they also moved an application praying that their ejectment be stayed during the pendency of the appeal On condition that a sum of Rs. 300 was deposited by the 15th of July each year beginning from July, 1965, this court stayed their ejectment, A sum of Rs. 1,500 in all was deposited in pursuance of that order.2. During the pendency of the Second Appeal, the area in which the plots in dispute were situate, became...
Kalika Singh and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Dec-03-1980
Reported in: 1981CriLJ639
ORDERMurlidhar, J.1. These two revisions arise out of the conviction of the four accused under Sections 323/34, I.P.C. by the appellate Court below and the sentence of Rs. 400/- each in default three months' rigorous imprisonment out of which Rs. 500/- has been ordered to be paid as compensation to the complainant Sri Krishna Misra. Criminal Revision No. 1565 of 1980, has been filed by the accused and was pressed only on the question of sentence while Criminal Revision No. 1676 of 1980 has been filed by the complainant against the acquittal of the accused persons under Sections 325/34, I.P.C.2. According to the findings of the lower appellate Court the accused persons had beaten the victim; Kalika Singh by a lathi and the other three accused by fists. The lower appellate Court also found that the victim suffered no less than 15 injuries, 5 contusions, 5 abrasions, 2 traumatic swellings, 2 complaints of pain and one lacerated wound on the left thumb. The left thumb had also a fracture o...
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