Allahabad Court December 1983 Judgments
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Commissioner, Sales Tax Vs. Nand Mohan Madan Mohan
Court: Allahabad
Decided on: Dec-08-1983
Reported in: [1984]57STC35(All)
K.N. Misra, J.1. This revision under Section 11(1) of the U. P. Sales Tax Act (for short 'the Act'), is directed against the order dated May 24, 1980, passed by the Additional Judge (Revisions), Sales Tax, Varanasi Range, Varanasi, by which a revision filed by M/s. Nand Mohan Madan Mohan (hereinafter to be referred to as 'the dealer'), Visheshwarganj, Varanasi, against the order of the appellate authority, has been allowed and the penalty imposed on the assessee under Section 15-A(1)(a) and (c) of the Act has been quashed and it is directed that the amount of penalty, if paid, shall be refunded according to law.2. It appears that the Sales Tax Officer inspected the shop of the dealer on January 10, 1973, and took in his possession certain account books. An assessment order was passed on January 20, 1977, relating to the year 1973-74. A notice under Section 15-A(1)(c) was served on the dealer to show cause why a penalty should not be imposed on them for deliberately furnishing inaccurat...
Shafiq Ahmad Vs. Smt. Sayeedan
Court: Allahabad
Decided on: Dec-08-1983
Reported in: AIR1984All140
B.D. Agarwal, J.1. This is a defendant's second appeal.2. On January 23, 1971, the respondent and her husband. Mohammad Yasin (since dead) executed a sale in favour of the appellant under registered instrument for consideration of Rs. 2,000/- in respect of a portion in dispute of the house concerned. On the same date there was a separate agreement executed in writing by the appellant in the respondent's favour stipulating that he would reconvey the property to the vendor on receipt of Rs. 2000/- within three years from the date of the agreement. The period was extended further up to December 31, 1974, by a subsequent agreement entered into on January 16, 1974 in writing. Despite notice from the vendor, the appellant did not execute reconveyance. The plaintiffs were ready and willing to perform their part of the agreement. With these allegations the plaintiffs brought the suit for specific performance on Jan. 31, 1975.3. In defence the appellant admitted the execution of the deed of sal...
Kishan Lal Vs. State of U.P.
Court: Allahabad
Decided on: Dec-08-1983
Reported in: 1(1984)ACC161
K.C. Agrawal, J.1. These two appeals have been preferred against the judgment of the Motor Accidents Claims Tribunal, Allahabad, dated 11th May, 1977, partly decreeing the claim of Kishan Lal and Smt. Kamla Rani (herein after referred to as the respondents) for the recovery of Rs. 12800/-with interest at the rate of 6% per annum for the death of their son, Rajiv Kumar alias Pappu, in the accident which occurred on 5th March, 1973.2. The case of the respondents was that while Rajiv Kumar was returning from his school, Agrasen Inter College, Allahabad, at 430 P.M. on 5th March, 1973, and was in front of Military Dairy form near Phanai Imli, Grand Trunk Road, bus No. U.T.B. 2101 driven by Ram Jiwan Pandey, dahsed the deceased who was on a cycle and threw him on the road. Rajiv Kumar was, thereafter, run over by the Bus causing his instantaneous death at the spot. The cycle was also crushed. The respondents alleged that the accident occurred due to rash and negligent driving of the Bus by ...
Ram Prakash Vs. Abdul Rashid and ors.
Court: Allahabad
Decided on: Dec-08-1983
Reported in: 1(1984)ACC273
N.N. Mittal, J.1. This is an appeal by the claimant in a motor accident claim case who, having failed in the court below has come up for redress in this Court.2. According to the case of the parties on 15.9.71 the deceased along with Nand Kishore P.W. 1 started from Jalesar on Motorcycle No. UPT 1614 for Agra. The motorcycle was being driven by the deceased and Nand Kishore was seated on the pillion. When they approached to village Naharpur on the main road truck No. UPT 564 was going ahead which he overtook after the truck-driver had duly given side to him. As soon as the motorcycle had overtaken the truck he saw a cyclist coming from the opposite direction due to which the motorcyclist fumbled and fell down throwing away the pillion rider on the left side beyond the road while the driver himself fell down on the road. The truck which at that time was about 15 to 20 paces behind came rushing and curshed the skull of the motorcyclist who had been lying on the road. The truck still went...
Commissioner, Sales Tax Vs. Shyam Lal and Co.
Court: Allahabad
Decided on: Dec-07-1983
Reported in: [1984]57STC31(All)
K.N. Misra, J.1. Opposite party-assessee had manufactured bricks and for the assessment year 1978-79 disclosed the taxable turnover at Rs. 45,772.59. A tax liability of Rs. 3,115.67 was shown by the dealer. The assessing authority did not accept the account books maintained by the dealer and determined taxable turnover at Rs. 1,72,088 and assessed the tax at Rs. 12,700 on the basis of rule of best judgment assessment.2. Aggrieved by that order the dealer filed an appeal, which was heard and decided by Assistant Commissioner, Sales Tax (Judicial), who partly allowed the appeal and determined the turnover at Rs. 1,18,180.00. The tax assessed came to Rs. 7,762. Still feeling aggrieved by the order of the appellate authority, the dealer went in second appeal, which was heard and allowed by the Sales Tax Tribunal (hereinafter referred to as the Tribunal) by order dated 10th August, 1982. The Tribunal accepted the account books maintained by the assessee and accepted the disclosed taxable tu...
Dashrath Vs. State of U.P.
Court: Allahabad
Decided on: Dec-07-1983
Reported in: 1984CriLJ797
I.P. Singh, J.1. This appeal has been filed by Dashrath son of Mool Chand resident of village Sunderpur Gajel, Police Station Rasulabad, district. Kanpur, against the judgment and order of Sri. K.K. Chaubey, IV Additional District and Sessions Judge, Kanpur, passed in Sessions Trial No. 98 of 1976(State v. Dashrath) on 30-9-1978 convicting and sentencing him for an offence punishable under Section 411 IPC to one year's R.I.2. The facts of the present case fall in a brief compass. According to the F. I. R. lodged by Ramcharan complainant(P. W. 1), four persons had committed robbery in his house in the night between 1/2-10-1975 atabout 11. They were all unknown persons. It is claimed that they were identified during the commission of the robbery by the inmates Ram Charan complainant (P. W. 1) and his daughter Smt. Ganga Devi (P. W. 4) and the other incoming witnesses, named in the F. I. R. The property, details of which were also given in the F. I. R., was said to have been looted by the...
Har Bilas Vs. Ram Niwas Bansal and anr.
Court: Allahabad
Decided on: Dec-05-1983
Reported in: 1984CriLJ1008
ORDERM. Wahajuddin, J.1. Criminal Misc. Application No. 3082 of 1982 under Section 482, Criminal P.C., was dismissed on 7.11.1983 Criminal Misc. Application No. 8686 of 1983 under Section 482. Criminal P.C., was dismissed on 19.10.1983 and Criminal Misc. Application No. 6308 of 1982 under Section 482, Cr.P.C., was dismissed summarily before admission on 19.10.1983. In all the three cases applications have been preferred for recall of the order of dismissal.2. Sri Tejpal Singh appearing in two cases argued the applications for recall, and Sri Devendra Swarup appearing in case No. 8686 adopting that argument made one more submission. All the aforesaid three cases were dismissed after revising the list as is the practice in this Court. Parties' counsel had notice because they all were shown in the cause list of the respective dates with the names of counsel concerned. Criminal Misc. Application No. 8686 of 1983 was for quashing the Criminal proceedings in a. police chalan case under certa...
Mohammad Ismail Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-05-1983
Reported in: 1985CriLJ266
R.C. Deosharma, J.1. Through this petition under Art 226 of the Constitution the petitioner has prayed that the detention order passed by the District Magistrate, Unnao, under Section 3 of the National Security Act against the petitioner be quashed. The petitioner was a Pradhan of village Sainta in the District of Unnao and had held that office for a considerable period He was re-elected to this office in the last general elections. It was contended that there was election rivalary in the village and on that account he had been falsely implicated at the instance of his rivals in several criminal cases. The District Magistrate, Unnao, by his order dated 10th August, 1983 passed in exercise of the powers under Sub-section (3) of Section 3 of the National Security Act ordered the petitioner to be detained The grounds of detention contained in Annexure-2 were also formulated on 10-8-83 and were duly served.2. The petitioner has now challenged his detention on various grounds contending int...
Oriental Fire and General Insurance Co. Vs. Shiv Shanker Singh Rathore
Court: Allahabad
Decided on: Dec-05-1983
Reported in: 1(1984)ACC282
O.P. Saxena, J.1. This is an appeal under Section 110D of the Motor Vehicles Act against the award dated 7-12-76 made by the Motor Accidents Claims Tribunal (III Additional District Judge) Kanpur.2. The facts giving rise to this appeal are that on 14-4-73 at about 8 A.M. at Kalpi Road, opposite Satnam Petrol Pump within the limits of village Shahpur, P.S. Kalyanpur, District Kanpur, claimant Shiv Shanker Singh Rathor met with an accident while he was coming to Kanpur on motor cycle UPC 5149. The claimant had a farm at village Gangaganj and he returned from there on his motor-cycle at about 7.30 A.M. on his way back to Kanpur to join duty at the Sub-Divisional Office of the Life Insurance Corporation, Kanpur. He was employed there as a clerk and his basic salary was Rs. 325/- per mensem with Rs. 400/- as dearness allowance and Rs. 20/- as House Rent allowance. He also got 10% of the basic pay as bonus. There is an Indian Oil Depot on the Kalpi-Kanpur road which goes from west to east. A...
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