Allahabad Court January 1984 Judgments
ibne Hasan Vs. Smt. Hasina Bibi and ors.
Court: Allahabad
Decided on: Jan-31-1984
Reported in: AIR1984All216
N. D. Ojha, J. 1. One Haji Mohammad Ibrahim. had three sons--Mohammad Siddiq, Mohammad Yousuf and Mohammad Ismail. Ibne Hasan, the appellant in this second, appeal, is the son of Mohammad Ismail, whereas the respondents are the legal representatives of Mohammad Siddiq. Suit No. 911 of 1970 was instituted by Mohammad Siddiq in the' Court of Munsif, Varanasi, alleging that Haji Mahammad Ibrahim was the owner of house No. D-34/88 (present No. 43/1397) and a portion of house. No. D-34/85 (present No. 43/1.38) shown in yellow colour in the map attached to the plaint. While going for Haj pilgrimage, the executed a registered Intzamnama on 11th September, 1924, providing for the management of his properties in his absence. After return from Haj, Haji Mohammad Ibrahim resumed possession of his properties and continued to deal with the same as their owner. Due to family differences, Mohammad Ismail, father of defendant Ibne Hasan, went away to Calcutta, While Mohammad Ismail was at Calcutta, Cu...
Tag this Judgment!Jaipur Udyog Ltd. Vs. Indian Drugs and Pharmaceuticals Ltd. and anr.
Court: Allahabad
Decided on: Jan-31-1984
Reported in: AIR1984All305
ORDERV.K. Mehrotra, J. 1. M/s. Jaipur Udyog Limited, which is the second defendant in a suit filed by the Indian Drugs and Pharmaceuticals Limited (for short the IDPL) principally for recovery of some amount paid in advance for supply of cement to it on account of the failure of Jaipur Udyog Limited to do so has assailed in this revision under Section 115 C. P C. the order passed by the Civil Judge, Dehradun on Aug. 4. 1979 negativing the obiection to the jurisrdiction of the court at Dehradun to try the suit. M/s. Bharat Overseas (P) Limited which is the first defendant in the suit is also impleaded as a opposite party in this revision, it is said that IDPL needed cement for its Antibiotics Plant at Virbha-dra near Rishikesh in the district of Dehradun. 300 metric tonnes of cement were allotted to it by the Government of India in the Ministry of Industrial Development. M/s. Bharat Overseas (P) Limited, who were the sole selling agents to Jaipur Udyog, were authorised to supply the afo...
Tag this Judgment!Asfaq Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-31-1984
Reported in: 1984CriLJ999
H.N. Seth, J.1. By this petition under Article 226 of the Constitution, petitioner Asfaq alias Bhoore questions the validity of his detention under Section 3, National Security Act, authorised by the District Magistrate, Meerut, vide order dated 3.9.1983.2. In connection with an offence under Section 307, I.P.C., said to have been committed on 2.4.1983, petitioner Asfaq was arrested on 28.8.1983 and was remanded to jail custody. While he was still in jail custody, District Magistrate, Meerut passed an order for his detention under Section 3, National Security Act, on 3.9.1983. The said order as well as the grounds on which it was based were served upon the petitioner the same day. On 18.9.1983, the petitioner made a representation against his detention which was forwarded to the State Government. In due course the matter was placed before the Advisory Board and the State Government, after considering the report of the Advisory Board and petitioner's representation, confirmed his detent...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Surjit Kaur and anr.
Court: Allahabad
Decided on: Jan-27-1984
Reported in: I(1984)ACC139; [1986]60CompCas58(All)
O.P. Saxena, J. 1. This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the award dated February 21, 1977, made by the Motor Accidents Claims Tribunal, Naini Tal (District Judge, Naini Tal).2. The facts giving rise to this appeal are that on August 8, 1974, at 10.30 a.m. on the Haldwani Lal Kaun Road, within the limits of village Durga Bhagwanpur, P.S. Haldwani, an accident took place in which truck No. USI2385 and truck No. USW 619 collided with each other. Truck No. USI 2385 was on its way from Haldwani to Bareilly. Truck No. USW 619 was coming from the opposite direction. Surjit Singh, aged 45 years, was travelling in truck No. USI 2385. As a result of the accident, the door was opened and he was thrown out. Truck No USI 2385 was also upturned. Surjit Singh received severe injuries and died as a result of the same.3. Opposite party No. 1, Manjit Singh, is the owner and opposite party No. 3, Govind Singh, is the driver of the truck No. USI 2385.4. Opposite pa...
Tag this Judgment!Jaswant Rai Kumar Vs. Aftab Ahmed and ors.
Court: Allahabad
Decided on: Jan-27-1984
Reported in: 1(1984)ACC54
B.D. Agrawal, J.1. This appeal under Section 110-D(1) of the Motor Vehicles Act, 1939 is directed against the decision of the Motor Accident Claims Tribunal, Meerut Dated June 2, 1976.2. On May 19, 1973 the appellant was on way to Delhi from Bulandshahar by Ambassador Car DHP 4720. The car belonged to the respondent no. 3. It was driven by Abad Ahmad. There were other occupants also in the car besides the appellant. At about 10.45 A.M. near Meerut bye pass on the Ghaziabad-Delhi route G.T. road, Bus. No. UPB 4749 belonging to the U.P. State Roadways Transport Corporation (hereinafter the 'Corporation') driven by Aftab Ahmad respondent no. 1 coming from the opposite direction tried to overtake a truck and in that attempt it dashed against the car. Injury was caused as result to the appellant besides some other occupants of the car. The driver of the car, namely, Abad Ahmad died instantaneously having succumbed to the injuries. The medical examination relating to the claimant took place ...
Tag this Judgment!Managing Committee, Shree Sanathan Dharm Sanaskrit Pathshala and anr. ...
Court: Allahabad
Decided on: Jan-24-1984
Reported in: AIR1984All310
ORDERS.C. Mathur, J.1. The only question arising in this writ petition is whether the dispute that was decided by the Registrar, Firms and Societies was covered by Section 12-D of the Societies Registration Act. 1860 (Act 21 of 18601 (for short the Act) or was covered by Section 25 thereof? The question has arisen in the circumstances hereinafter indicated.2. There is a society known as Shree Sanatan Dharm Sanskrit Pathshala Rupadiha, District Bahraich. This Society was registered in the year 1956 under the provisions of the Act. At the time of this registration Sri Shiv Ram Srivastava was the Manager of the Society. On 6-9-1979 Sri Ram Chandra Agarwal, opposite party Nil. 3 made an application for renewal of registration. This renewal, it appears was granted on 12-10-1979 and was to be in respect of the period commencing on 10-10-1977 and ending on 10-10-1979. On 6-11-1979 opposite-party No. 3 again applied for renewal and renewal certificate valid up to 10-10-1981 was issued on 4-1-8...
Tag this Judgment!Smt. Phool Kali Vs. Ist Additional District Judge and ors.
Court: Allahabad
Decided on: Jan-24-1984
Reported in: AIR1984All390
ORDERK.V. Varma, J.1. This petition is directed against an order passed by the 1st Additional District Judge, Faizabad dated 14-2-1975 whereby the Court has decided an appeal under Section 39 of the Arbitration Act The Consolidation Officer made a reference to the Civil Judge under Section 12 of the U. P. Consolidation of Holdings Act who referred the matter to an arbitrator for giving an award. The award given by the arbitrator is Annexure 1 to the Writ Petition. Annexure 2 is the order whereby the award has been set aside. Aggrieved by the order Annexure 2 an appeal was preferred to the District Judge which came up for hearing before the 1st Additional District Judge who allowed the appeal, set aside the order of the Civil Judge quashing the award and directed that the award dated 2-8-1972 shall be made rule of Court. Against the appellate order Annexure 3 the present writ petition has been filed.2. The facts of the case are that one Ram Raj Singh was recorded as original tenant over...
Tag this Judgment!Commissioner, Sales Tax Vs. Krishna Brick Field
Court: Allahabad
Decided on: Jan-23-1984
Reported in: [1985]58STC336(All)
R.B. Lal, J.1. This revision has been filed by the Commissioner, Sales Tax, U. P. The assessee-opposite party carries on business of manufacture of bricks. For the assessment year 1974-75, the assessee disclosed certain taxable turnover and produced its account books. The assessing authority rejected the account books on three grounds and proceeded to determine the taxable turnover to the best of his judgment. The assessee appealed. The appellate authority agreed with the assessing authority that the account books of the assessee could not be relied upon, but it reduced the amount of the taxable turnover. The assessee filed second appeal before the Sales Tax Tribunal. Before the Tribunal the assessee took up the stand that the grounds for rejecting its books of account were not made out or were not sufficient for rejection. The Tribunal agreed and allowed the appeal and accepted the books of account of the assessee and reduced the sales tax to the admitted amount.2. The Commissioner of...
Tag this Judgment!Krishan Kant Vs. Dilip Kumar and ors.
Court: Allahabad
Decided on: Jan-20-1984
Reported in: 1984CriLJ1003
ORDERR.K. Shukla, J.1. This revision arises out of the order dated 21.11.1981 of the Vth Additional District & Sessions Judge, Allahabad in Sessions Trial No 289 of 1981 State v. Dilip Kumar Singh and Ors. by which the learned Sessions Judge has transferred this case to the Chief Judicial Magistrate, Allahabad for trial on the ground that the offence is under Section 326, I.P.C. and not one under Section 307. I.P.C.2. The brief facts of the case are that on 15.12.1979 at about 7.30 a.m. Dilip Kumar, opposite party No. 1 aimed with a S.B.B.L. Gun, Sri Prakash, opposite party No. 2 armed with a D.B.B.L. Gun, Rajendra Prasad, opposite party No. 3 armed with a country-made pistol and opposite parties Nos. 4 to 12 armed with lathis surrounded Captain Uma Kant, the brother of the applicant, and Rajendra Prasad, the opposite party No. 3, instigated others to assault and kill him due to previous enmity regarding some land. On this instigation Dilip Kumar and Sri Prakash, opposite parties Nos. ...
Tag this Judgment!New India Assurance Co. Vs. Nachhan and ors.
Court: Allahabad
Decided on: Jan-20-1984
Reported in: 1(1984)ACC413
K.N. Singh, J.1. On 24-5-1976 at about 8.30 A.M. Onkar Nath, aged about 12 years, was crushed to death by a public carrier vehicle having registration No. UTB 6098, which was being driven by Jagmohan. The parents of the deceased boy filed claim petition before the Motor Accidents Claims Tribunal, Allahabad claiming compensation for the death of their son. The claim petition was resisted by the owner of the vehicle as well as the New India Insurance Company, the insurer of the vehicle. The Claims Tribunal by its award dated February 19, 1977, held that Onkar died on account of rash and negligent driving of the vehicle and the claimants was entitled to compensation. The Tribunal awarded a sum of Rs. 4000/- as compensation to the claimants. Aggrieved, the claimants filed appeal under Section 110-D of the Motor Vehicles Act, 1939, in this Court. On service of notice of the appeal, the Assurance Company has also filed a cross objection. The appeal and the cross objection both are being disp...
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