Allahabad Court December 1983 Judgments
Commissioner, Sales Tax Vs. Triloki Nath and Sons
Court: Allahabad
Decided on: Dec-23-1983
Reported in: [1984]57STC322(All)
K.N. Misra, J.1. This revision under Section 11 of the Uttar Pradesh Sales Tax Act (hereinafter referred to as the 'Act') is directed against the judgment and order dated 11th October, 1982, passed by the Sales Tax Tribunal, Gorakhpur Bench, Gorakhpur (hereinafter referred to as the 'Tribunal'), allowing the second appeal of the assessee-opposite party holding that 'neem ki khali' is a kind of manure and it cannot be put in the category of oil-cake and as such it has been wrongly taxed. Thus, a further relief on the turnover of 'neem ki khali' fixed at Rs. 10,000 on which tax relief at the rate of 5 per cent amounting to Rs. 500 has been given to the assessee. This order of the Tribunal has been challenged in this revision.2. Learned Standing Counsel urged that the Tribunal has erred in holding that the 'neem ki khali' is manure (fertilizer) and as such exempt from tax. Learned Standing Counsel urged that Notification No. ST-3470/X dated 16th July, 1956, made under Section 4 of the Act...
Tag this Judgment!U.P.S.R.T.C. Vs. Inayatullah Khan and ors.
Court: Allahabad
Decided on: Dec-23-1983
Reported in: 1(1984)ACC291
O.P. Saxena, J.1. This is an appeal and cross objection against the award dated 29th November, 1978 made by the Motor Accidents Claims Tribunal (II) Addl. District Judge, Bulandshahar.2. On 31-3-1977 at about 3-30 A. M. at village Tagpur, P. S. Kotwali Dehat, Chandpur, Bulandshahar and accident took place in which Talib Khan received severe injuries. The accident took place at Meerut Bulandshahar road at about 8 or 10 miles from Bulandshahar. Bags of Potatos were kept on a buffalo cart and was being taken to Secundrabad. Girdhari was holding ropes of buffalo and was driving the cart. Talib Khan was sitting on the bags kept in the buffalo cart. U. P. State Road Transport Corporation bus No. U.T.R. 469 was on its way from Hardwar to Brindavan. It was being driven by opposite party number 3 Raj Kumar. The bus struck against the buffalo cart from behind as a result of which Talib Khan fell down and received severe injuries. He was taken to Bulandshahar where he died on the same day at 9.30...
Tag this Judgment!Deen Dayal Vs. Chheda Lal and ors.
Court: Allahabad
Decided on: Dec-23-1983
Reported in: 1(1984)ACC359
K.N. Singh, J.1. Din Dayal owner of stage carriage having registration No. U.S.E. 424 has filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 against the judgment and award of the Motor Accidents Claims Tribunal, Jalaun dated 20-8-1977 awarding a sum of Rs. 4,800/- to claimant as compensation. The claimant has also filed a cross objection claiming enhancement of the amount of compensation. Both the appeal and cross objection are being disposed of by a common judgment.2. On 4-8-1975 at about 12 noon an accident took place near Nahar Kothi, kuthod on Orai-Auraiya road. One Daya Sindhu was struck down by the stage carriage No. U.S.E. 424 of which Din Dayal was the owner and Babu Khan was the driver. As a result of accident Daya Sindhu son of Chheda Lal died. Chheda Lal, the father, filed claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) claiming Rs. 25,000/- for the death of his son, on the allegation that the vehicle...
Tag this Judgment!Rajesh Kumar Shukla Vs. S.S. Dubey and ors.
Court: Allahabad
Decided on: Dec-22-1983
Reported in: 1984CriLJ1006
K.N. Singh, J.1. Rajesh Kumar Shukla, applicant, has approached this Court by means of this application under Sections 11 and 12 of the Contempt of Courts Act to initiate contempt proceedings against opposite parties and to punish them according to law.2. Briefly the facts giving rise to 'his application are that an advertisement for the post of a Lecturer in Sociology was issued by the Management Committee of Pt. Sunder Lai Memorial Degree College, Kannauj, District Farrukhabad, a degree college affiliated to the Kanpur University. The applicant also applied for the same. The Selection Committee constituted in accordance with the provisions of Section 31 of the U.P. State Universities Act, 1973 (hereinafter referred to as 'the Act') recommended the applicant's name in 1977 for appointment as Lecturer in Sociology. But the Management Committee did not agree with the recommendation of the Selection Committee and consequently it did not appoint the applicant. The Management Committee, ho...
Tag this Judgment!Babulal and ors. Vs. U.P. State Road Transport Corporation and ors.
Court: Allahabad
Decided on: Dec-20-1983
Reported in: 1(1984)ACC207
N.N. Mittal, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act filed by the claimant for enhancement of Compensation awarded to them by the Claims Tribunal. The son of the claimants, aged about 8 years, was killed in an accident near village Malakia on 4-3-75 at about 3.25 P.M. with Passenger Bus No. USS 4127 which was going from Allahabad to Lucknow. A claim for Rs. 30,000/- was lodged under various heads but the Claims Tribunal, after recording findings that the driver of the Bus was negligent, has awarded Rs. 17,600/- by way of compensation to them.2. Since the Corporation was not chosen to file appeal against the award the question of its accountability for damages need not be enquired into. The only question that requires consideration in the appeal is the amount of compensation which ought to have been awarded to the claimants. Sri Jaiswal, appearing for the appellant, has assailed the findings on various grounds. According to him the Claims Tribunal has erred ...
Tag this Judgment!Ram Adhar Pal and ors. Vs. K.M. Transport Co.
Court: Allahabad
Decided on: Dec-19-1983
Reported in: 1(1984)ACC339
O.P. Saxena, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 7th April 1976 made by the Motor Accidents Claims Tribunal (IX Addl. District Judge) Allahabad.2. The facts giving rise to this appeal are that on 1-7-1974 at about 6.30 P.M. an accident took place in which Ram Adhar Pal received serious injuries. He was going on a cycle on the road leading to Jamuna Bridge and when he reached near the Gaughat Mandi, Motor Truck No. U.T.B. 4073 came from the opposite direction and knocked him down. Ram Adhar Pal was employed as a Mali in Bharat Pumps & Compressors Ltd., Naini. At the time of accident he, Maha Narain and Guru Prasad were going on cycles and he was ahead of them. Ram Adhar Pal fell down and his cycle was damaged. The truck stopped at a distances of 30 to 40 paces on the hue and cry raised by the passersby.3. Ram Adhar Pal was removed to Swaroop Rani Nehru Hospital, Allahabad where his injuries were examined and he was admitted for tr...
Tag this Judgment!The Commissioner of Sales Tax Vs. Kaderul Sehat Dawakhana and anr.
Court: Allahabad
Decided on: Dec-16-1983
Reported in: [1984]56STC133(All)
H.N. Seth, J.1. As the learned single Judge before whom these two connected sales tax revision applications came up for hearing felt that the decision of this Court in the case of Commissioner of Sales Tax v. Bharat Oxygen, Lucknow 1980 UPTC 686 on which the Sales Tax Tribunal had placed reliance while disposing of the appeal before it, required reconsideration, he vide his order dated 20th December, 1982, directed that these cases be listed before a larger Bench and this is how the matter has come up before us.2. The two dealers involved in these cases carried on the business of dispensing and selling medicines in the names of M/s. Kaderul Sehat Dawakhana and M/s. Rafekul Sehat Dawakhana at Sambhal in the district of Moradabad. In due course their assessments for the years 1976-77 (in the case of M/s. Kaderul Sehat Dawakhana) and 1977-78 (in the case of M/s. Rafekul Sehat Dawakhana) were reopened under Section 21 of the U. P. Sales Tax Act as it was felt that the turnover of sales of ...
Tag this Judgment!Radhaswami Satsang Sabha Vs. Smt. Puttan (Deceased by L.Rs.) and ors.
Court: Allahabad
Decided on: Dec-16-1983
Reported in: AIR1984All198
ORDERV.K. Mehrotra, J.1. In this revision under Section 115. C.P.C. the plaintiffs of a suit filed as far back as in the year 1942, have challenged an order passed by the Second Additional Civil Judge. Agra on May 20, 1993 rejecting their applications for an order under Rule 8 of Order 1. C.P.C. in respect of the defendants. The revision wag admitted to a fuller hearing by this Court on July 14, 1983 and was heard finally with the consent of the parties, in October, 1983.The background :2. The litigation has had a chequered history. The suit (No. 1 of 1942) out of which this revision arises, is pending as First Appeals Nos. 239 and 301 of 1961 against the decree of the trial Court dated July 5, 1961 by which two out of three, reliefs prayed for were granted. Without going into the antecedent history in detail, only this need be observed that in appeals taken to if by special leave against an order made by this Court on miscellaneous applications in these First Appeals, the Supreme Cour...
Tag this Judgment!Agarwal Industries Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-13-1983
Reported in: AIR1984All253
S.C. Mathur, J.1. Messers Agarwal Industries, the petitioner, is a firm registered with the Registrar of Firms and Societies. U. P., Lucknow. The Firm has filed the instant two petitions. In the earlier petition the firm alone is the petitioner while m the latter along with the Firm its partners have also been impleaded as petitioners 2 to 7. In both the petitions the petitioner is aggrieved by the provision relating to the assumed percentage of recovery of rice from paddy contained in the U. P. Rice & Paddy (Levy) and Regulation of Trade) Order, 1981, for short Levy Order, issued under the provisions of the Essential Commodities Act, 1955 The petitioner's case is that the percentage has been fixed arbitrarily without taking relevant factors into account. It is the further case of the petitioner that since the percentage of rice recovery has been wrongly fixed, the statutory price of levy rice is also not sustainable. In consequence the petitioner has prayed in the earlier writ petitio...
Tag this Judgment!Gajraj Singh Vs. Official Receiver and ors.
Court: Allahabad
Decided on: Dec-09-1983
Reported in: AIR1984All224
B.D. Agarwal, J.1. This is an appeal under the second proviso to Section 75(1) of the Provincial Insolvency Act, 1920. 2. One Genda Singh presented a petition on November 6, 1967 under Section 10(13) of the Provincial Insolvency Act, 1920, to be adjudged an insolvent. The petitioner is dead. Respondent No. 4, the daughter, is his legal representative. Respondents Nos. 2 and 3 are the creditors concerned. The petitioner was adjudged insolvent on April 16, 1968 under Section 27 of this Act. A direction was given to the Official Receiver, Bulandshahr, to take possession of his properties. The Official Receiver got attached the land in dispute of which the insolvent had been a bhumidhar. On February 26, 1966 this land had been transferred by Genda Singh under an instrument of gift to Gajraj Singh, the appellant. The gift deed was registered on March 10, 1966. Gajraj Singh filed art appeal under Section 68 against the direction to the Official Receiver to take possession of his land. This w...
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