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Allahabad Court May 1981 Judgments

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May 07 1981

National thermal Power Corpn. Vs. Raghunath Pd. and ors.

Court: Allahabad

Decided on: May-07-1981

Reported in: AIR1981All344

K.N. Singh, J.1. This application under Section 5 of the Limitation Act has been made by the National Thermal Power Corporation through the General Manager, Singrauli Thermal Power Project, Shakti Nagar, Mirzapur, for condonation of delay in filing the appeal against the judgment and decree of the District Judge, Mirzapur, dated 19-9-1979 enhancing compensation payable to the respondents Nos. 1 to 4.2. The State Electricity Board, Uttar Pradesh required land for construction of a Thermal Power Station in the District of Mirzapur. On its request the State Government issued notification under Section 4(1) of the Land Acquisition Act, 1'894, proposing to acquire about 1,412,02 acres of land situated in 16 villages in the District Mirzapur. On 19-10-1976 a notification under Section 6 of the Land Acquisition Act was issued for the purpose of construction of 2000 Megawatt Super Thermal Power Station at Kota and for construction of metal road from. Bina to Power Station site in the district ...


May 07 1981

Indian Explosive Ltd. (Fertiliser Divison) Vs. State of U.P. and ors.

Court: Allahabad

Decided on: May-07-1981

Reported in: (1981)IILLJ159All

Yashodanandan, J.1. The Indian Explosives Limited is a public Limited Company registered under the Companies Act, 1956, and is engaged in the business or manufacture and sale of explosives and fertilisers. The petitioner before us is its Fertilizer Division having its factory at Panki, Kanpur. By means of this petition under Article 226 of the Constitution, the petitioner prays for writ in the nature of certiorari or any other writ, direction or order to quash and or set aside the Reference Order made by respondent No. 1, the State of Uttar Pradesh, dated 6th September, 1977, and the order of respondent No 2, the Industrial Tribunal III, Uttar Pradesh, Kanpur, dated 18th December, 1978 disposing of certain issues framed as a consequence of the written statement filed by the petitioner raising certain preliminary objections.2. The material facts on the basis of which this petition is based are that disciplinary proceedings were commenced by the petitioner against 16 of its workmen, 11 o...


May 07 1981

Bhukan Lal Vs. State

Court: Allahabad

Decided on: May-07-1981

Reported in: 1981CriLJ1078

ORDERH.N. Seth, J.1. Chief Judicial Magistrate, Rampur found that applicant Bhukan . Lai was, on 17th of November, 1977 at about 9.45 a. m. selling Jalebi, Bundi Ka Laddu, Barfi and other edible articles without any licence, and that he had exposed those article for sale in unsanitary condition without properly covering the same so as to avoid infection, dust and flies. In the result he held him guilty under Sections 7/16 of the Prevention of Food Adulteration Act on two counts for contravening the provisions of Rules 49 and 50 framed by the Central Government in exercise of its powers under Clause (g) of Sub-section (1-A) of Section 23 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). As regards sentence, he observed that the applicant was petty hawker who could be dealt with leniently. In the result, he sentenced the applicant to reigorous imprisonment of three months and to a fine of Rs. 500/-under each of the two counts.2. Aggrieved, the applicant wen...


May 07 1981

Ram Adhar Vs. State

Court: Allahabad

Decided on: May-07-1981

Reported in: 1981CriLJ1321

ORDERM.M. Gupta, J.1. This application has been moved on behalf of one Ram Adhar against whom a final report, after investigation by the police was submitted in a case under Sections 147, 328, 352, 342 and 302, I.P.C. After receipt of the final report the learned Magistrate perused the police papers and did not agree with the conclusion of the police and took cognizance of the case under Section 190, Cr.P.C. 1973.2. It has been contended on behalf of the applicant that after the final report was submitted it was not open to the Magistrate to take cognizance of the case and summon the accused without any facts coming to his knowledge apart from what was contained in police papers.3. I have heard the learned Counsel for the applicant as well as the learned Counsel for the State.Section 190, Cr.P.C. lays down as below:-190(1). Subject to the provisions of this Chapter, any Magistrate of first class, and any Magistrate of the second class specially empowered in this behalf under Sub-sectio...


May 05 1981

Ganga Prasad Varma Memorial Society Vs. Commissioner of Income-tax, Lu ...

Court: Allahabad

Decided on: May-05-1981

Reported in: (1982)24CTR(All)110; [1982]134ITR421(All)

SATISH CHANDRA C.J. - The Income-tax Appellate Tribunal has submitted this statement of the case and has referred the following question of law for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee-trust was not eligible for exemption under section 11 of the Income-tax Act, 1961 ?'M/s. Ganga Prasad Varma Memorial Society, Lucknow, is the assessee. It is a society registered under the Societies Registration Act No. XXI of 1960. The society has been functioning since 1925. Clause 2 of its constitution lays down the objects as follows:The Ganga Prasad Varma Memorial Society, which presently provided a memorial hall for public, a reading room and a public library, shall have as its objects the dissemination of knowledge to the people and the raising of the moral, intellectual, economic, social and political conditions of the people in general and with a view to the fulfilment of the above objects and t...


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