Allahabad Court December 1981 Judgments
Smt. Noor Jahan Begum Vs. Abrar Ahmad Khan and anr.
Court: Allahabad
Decided on: Dec-22-1981
Reported in: AIR1982All149
Deoki Nandan, J.1. This is a plaintiff's second appeal in a suit for recovery of dower, which was alleged to have been fixed at Rs. 10,000/-. The trial court decreed the suit for Rs. 500/- and the lower appellate court has confirmed that decree. The only dispute in this ease is whether the amount of dower settled was Rs. 10,000/- as claimed by the plaintiff. A Nikahnamg Ext. 4 was executed in this case but unfortunately the copy of it, which was produced is soiled and not easily decipherable. The trial court took the view that although the execution and attestation of the Nikahnama was proved by the witnesses, its contents were not proved because the handwriting of the person who wrote the Nikahnama was not stated to be his. The lower appellate court accepted that view of the trial court and also took the view that oral evidence was inadmissible in view of the fact that the terras of the Nikah were reduced to writing. The lower appellate court also found the plaintiff's evidence to be ...
Tag this Judgment!Meerut Collegiate Association, Meerut and ors. Vs. Arvind Nath Seth an ...
Court: Allahabad
Decided on: Dec-22-1981
Reported in: AIR1982All172
R.R. Rastogi, J.1. This petition under Article 226 of the Constitution involves the scope of the power of the Prescribed Authority to pass an interim order pending reference made to it under Section 25 of the Societies Registration Act, 1860, hereafter, 'the Act'.2. The facts are these : Meerut Collegiate Association, petitioner No. 1, is a society registered under the Act. The Society runs and administers the Meerut College, Meerut The affairs of the college are looked after by an Executive Committee of the Society consisting of 33 members, out of whom 21 members are elected. The term of the Executive Committee is for three years and the last election of the Executive Committee of the Society was held on 19th Feb., 1978 under bye-law 12 (a) of the Society. Thereafter fresh elections were held on 10th May, 1981. In that election Sri Raja Ram Mittal was elected President, Sri P. S. Rastogi Vice-President and Sri J. D. Singhal, Petitioner No. 2 the Honorary Secretary. Twenty-one members ...
Tag this Judgment!Rajul and anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Dec-22-1981
Reported in: 1982CriLJ635
ORDERR.B. Lal, J.1. This is an application by Rajul and Saukhi Lai appellants in Criminal Appeal No. 2770 of 1977 for recalling the judgment and order dated 6-11-1981 passed by me in that appeal and for listing the said criminal appeal again for hearing in presence of their counsel Shri Kundan Singh.2. Criminal appeal No. 2770 of 1977 Rajul and Anr. v. State Under Sections 392/397 IPC was listed for hearing on 6-11-1981. Names of Shri V. G. Katiyar and Shri Kundan Singh. Advocates were shown in the list as counsel for the appellants. Shri V. C. Katiyar did not appear to argue the appeal. An illness slip was filed on behalf of Shri Kundan Singh, but it was not accepted under the impression that the memo of appearance did not bear the signatures of Shri Kundan Singh, Advocate and he was not the counsel for the appellants. This impression was caused on account of the order dated 10-8-1981 passed by Hon'ble Mohd. Hamid Husain J. on the order sheet. On 10-8-1981, the appeal had come up befo...
Tag this Judgment!Abdul Sattar and ors. Vs. Board of Revenue, U.P., Allahabad and ors.
Court: Allahabad
Decided on: Dec-21-1981
Reported in: AIR1982All337
ORDERK.P. Singh, J.1. This is a defendants' writ petition under Article 226 of the Constitution and arises out of suit filed by opposite party No. 5 Shabbir for declaration of his share and separate possession Over the partitioned property.2. The opposite party No. 5 Shabbir had claimed share along with Kalua to the extent of 1/2 in the disputed property and had alleged that the petitioners Nos. 1, 2 and 6 and Ghaffoor, opposite party No. 6, in the present writ petition, had the remaining 1/2 share. According to the plaintiff opposite party Shabbir, the disputed land belonged to Smt. Manni, widow of Abdul Kareem andSmt. Nanhi, widow of Abdul Razzaq and both of them had equal share in the disputed land. It was admitted by the plaintiff that Smt. Nanhi had executed a sale deed regarding her 1/2 share in favour of Abdul Aziz, Abdul Majeed Abdul Ghaffoor and Abdul Sattar, hence the aforesaid transferees were entitled to 1/2 share. According to the plaintiff opposite party Shabbir, he alone...
Tag this Judgment!Vishnu Dayal Jhunjhunwalla and ors. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-18-1981
Reported in: [1989]66CompCas684(All)
K.N. Seth, J.1. By means of a petition under Article 226 of the Constitution (Civil Miscellaneous Writ Petition No. 9210 of 1978), the petitioners have prayed for a writ of certiorari quashing the order dated May 5, 1978, passed by the Regional Director, Company Affairs, Kanpur, in exercise of his power under Section 108(1D) of the Companies Act, 1956, granting extension of time for registration of shares of K. M. Sugar Mills Ltd. (hereinafter referred to as 'the company') in the names of respondents Nos. 4 and 5. A prayer has also been made for quashing the order of respondent No. 1 passed on the review application made by the petitioners. It has further been prayed that the respondent-company be directed to restore the names of the petitioners in the records of the respondent company as shareholders of 4,000 shares and to restrain respondents Nos. 4 and 5 from acting in any manner or exercising any right as owners and holders of the aforesaid 4,000 shares. The connected Special Appea...
Tag this Judgment!Mool Chand Vs. Collector, Jalaun and ors.
Court: Allahabad
Decided on: Dec-18-1981
Reported in: AIR1982All141
R.R. Rastogi, J.1. By this petition under Article 226 of the Constitution the petitioner seeks the quashing of the order passed by the Collector on 7-4-1976 and by the Additional Commissioner on 11-6-1976 confirming the sale of his property. The facts are these. The petitioner carried on grain business as commission agent. For the assessment years 1968-69 and 1969-70 the Sales Tax Officer, Orai, made ex parte assessments on him creating a liability of Ms. 16,000/-for each of these two years respectively. The petitioner filed appeals against those assessment orders and deposited a part of the amount of tax for each of these two years. As for the balance ammount the papers were forwarded to the Collector for realisation as arrears; of land revenue. The petitioner's plots Nos. 403 (area 401 acres) and 507 (area 1.12. acres), of village Udatpura were attached. The sale proclamation, was issued on 4-3-1975 and the auction sale took place on 21-3-1975. Sri, Mantoley alias Mantai, respondent ...
Tag this Judgment!Rajendra Prasad Agarwal and Ors. Vs. Income-tax Officer, 'B' Ward and ...
Court: Allahabad
Decided on: Dec-18-1981
Reported in: [1983]144ITR506(All); [1982]11TAXMAN151(All)
Mohammad Wahajuddin, J.1. This application has been moved by the three applicants, namely, Rajendra Prasad Agarwal, Ayodhya Prasad and Ram Autar, under Section 482, Cr. PC, praying that the Criminal Case No. 2430 of 1980. (State through Sri B.K. Srivastava, Income-tax Officer, 'B' Ward, Varanasi v. Rajendra Prasad Agarwal), pending in the court of the Chief judicial Magistrate, Varanasi, may be quashed.2. A number of grounds were taken but during the arguments, I have been addressed only on one point which concerns applicants Nos, 2 and 3. Admittedly, there was a discrepancy of Rs. 18,003 in the original return for the assessment year 1973-74 submitted on 30th July, 1973, and the revised statement of return submitted much later on September 5, 1975. Prima facie, a wrong statement was submitted earlier and it was submitted that this was due to a bona fide mistake in calculation. Whether the account was delivered knowing or believing it to be false or not believing it to be true as to at...
Tag this Judgment!Nathu Ram Vs. the State
Court: Allahabad
Decided on: Dec-18-1981
Reported in: 1982CriLJ1010
ORDERN.N. Sharma, J.1. This revision is directed against the order dated 4th December, 1980 by Sri Gaya Prasad learned 6th Addl. Sessions Judge Mainpur in Criminal Appeal No. 275 of 80 dismissing the appeal and upholding the conviction and sentence of revisionist Under Section 7/16 Prevention of Food Adulteration Act 37 of 54 as amended up-to-date by Sri Satish Kumar 2nd Addl. Munsif Magistrate Mainpur dated 12-9-1980 in case No. 421 of 1979. The revisionist was sentenced to R. I. for a period of six months; a fine of Rs, 1000/- was also imposed upon him. In default he was sentenced to two months' R. I.2. The revisionist was found .carrying for sale in a can goat milk on 29-1-1978 at about 10 A.M. at Etah Bus Stand Shi-kohabad by Sri B. P. Chaudhari (PW 1) the then Food Inspector of the circle. The Food Inspector purchased 660 m.l. milk on payment of Re. 1/- for analysis by Public Analyst Lucknow. The sample was divided according to rules and a portion of it was sent to Public Analyst ...
Tag this Judgment!Alim and ors. Vs. Taufiq and anr.
Court: Allahabad
Decided on: Dec-18-1981
Reported in: 1982CriLJ1264
ORDERN.N. Sharma, J.1. This revision is directed against order of Sri Chandra Prakash learned Sessions Judge Moradabad dated 30-3-1981 in Criminal Revision No. 198 of 1980 by which the order of discharge recorded by Sri S. K. Samadhya, Munsif Magistrate III Moradabad in case No. 1031/9 of 78 was quashed and the learned Magistrate was ordered to proceed in accordance with law in the light of observations made by learned Judge in his order.2. It appears that these proceedings were initiated on complaint by Smt. Taufiqa Khatoon against the revisionist on 1st Sept. 77 Under Section 396 IPC in the court of C. J. M. Moradabad. Briefly stated the-allegations were that the revisionists were colluding with local police at Police Station Moghalpura in Moradabad city; it was at their instance that on 6-8-'77 while male members of the family of complainant were in lock up all these revisionists variously armed intruded the house of complainant at the dead of night and resorted to indis-scriminate ...
Tag this Judgment!Oriental Fire and General Insurance Company Ltd. and anr. Vs. Ram Sund ...
Court: Allahabad
Decided on: Dec-17-1981
Reported in: AIR1982All198
B.N. Sapru, J. 1. These first appeals from orders arise out of a claim petition filed under the Motor Vehicles Act before the Motor Accident Claims Tribunal. 2. In F.A.F.O. No. 484 of 1975, the appellants are the Oriental Fire & General Insurance Company Limited and Ashok Kumar Fathak, the owner of the vehicle, which was involved in the accident and the claimants are the respondents, while in F.A.F.O. No. 21 of 1976, the claimants are the appellants and the owner of the vehicle, Ashok Kumar Pathak, and the Oriental Fire & General Insurance Company Limited with whom the vehicle was insured, are the respondents. 3. The Claims Tribunal had decreed the claim petition in the sum of Rs. 25,600 and directed that the claimants would be entitled to pendente lite and future interest at the rate of six per cent per annum on the amount decreed in their favour. 4. The claimants in their appeal have urged that the amount of compensation awarded is inadequate while in the appeal by Ashok Kumar Pathak...
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