Allahabad Court January 1984 Judgments
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Oriental Fire and General Insurance Company Vs. Sant Lal and anr.
Court: Allahabad
Decided on: Jan-19-1984
Reported in: I(1984)ACC100; [1987]61CompCas104(All)
K.N. Singh, J.1. The Oriental Fire and General Insurance Co. has prefered this appeal under Sections 110D of the Motor Vehicles Act, 1939, against the award given by the Motor Accidents Claims Tribunal, Allahabad, on February 14, 1979, awarding a sum of Rs. 30,000 to the respondent, Sant Lal, as compensation for the death of his wife and injuries received by him and his child.2. On August 16, 1976, at about 11 a.m., Sant Lal, respondent-claimant, was proceeding on a bicycle on Hastings Road towards Phaphama side.3. His wife, Smt. Murgulli Devi, was sitting on the carrier of the bicycle with her nine month old child in her lap. A stage carriage vehicle having registration No. UPI 7473 which came from the opposite direction hit the bicycle crushing Smt. Murgulli Devi, as a result of which she died and Sant Lal and his minor son both received injuries. Sant Lal filed a claim petition before the Claims Tribunal which was contested by the insurance company and the owner. The Claims Tribunal...
Sahdeo Prasad Verma and anr. Vs. Dr. Raja Ram and ors.
Court: Allahabad
Decided on: Jan-19-1984
Reported in: AIR1984All169
ORDERB.D. Agarwal, J. 1. These connected revisions are directed against a common order passed by the Second Additional Civil Judge, Kanpur dated Nov. 13, 1980 under Section 47. Civil P. C. 2. The revisions arise from the original suit No. 173 of 1954 instituted in the Court of the Subordinate Judge, Kanpur by Sahdeo prasad Verma and othersagainst Raja Ram and others. In brief the allegations of the plaintiffs were that one Hakim Sarju Prasad had created a trust by Will dated Oct. 16, 1907 in respect of house No. 75/109 Ranjeet Purwa Kanpur. The plaintiffs were the trustees. Mahadeo Prasad had been managing for some time the trust property on behalf of the trustees. Taking advantage of his position Mahadeo Prasad declared himself as the owner of the house a will was also executed by him on May 13, 1943 in favour of his daughter and the wife. Subsequent to the death of Mahadeo Prasad these persons asserted themselves to be the owners of the house. The tenants in the house were in collusi...
Ram Dev and ors. Vs. Ram Badan
Court: Allahabad
Decided on: Jan-19-1984
Reported in: AIR1984All206
B.D. Agarwal, J.1. This appeal under Order 43, Rule 1 (t) of the Civil P. C. is directed against the decision of the lower appellate Court dated May 31, 1982. The dispute in the appeal is with respect to a piece of land. The plaintiff asserted his title over this land claiming that this has been his Sehan and in his possession as such over which he had had miscellaneous user including a Nabdan (gutter). For the defendants it was claimed, on the other hand, that the plaintiff has had no right, title or interest to this land, nor has he been in possession thereof and that the land has throughout been possessed by the defendants. The trial Court came to the finding that the land is held as Sehan by the defendants and not the plaintiff. The suit was accordingly dismissed on 4-2-1981. In the appeal filed by the plaintiff, there was an application made to amend the plaint. The amendment sought was twofold, namely, that the wall existing on the land in dispute belonged to one Ganesh and that ...
Commissioner of Sales Tax Vs. Agra Food Product Pvt. Ltd.
Court: Allahabad
Decided on: Jan-19-1984
Reported in: [1985]59STC47(All)
R.B. Lal J.1. The Commissioner of Sales Tax, U.P., has filed this revision against the order of the Sales Tax Tribunal, Kanpur Bench, dated 12th October, 1982 in so far as it relates to U.P. sales of oil-cakes (khali).2. The assessee-opposite party carries on the business of manufacture and sale of oil and oil-cakes and of some other commodities. The assessee holds a recognition certificate under the provisions of Section 4-B of the U.P. Sales Tax Act (briefly the Act). For the assessment year 1976-77 the assessee disclosed its taxable turnover of U.P. sales. The assessing authority enhanced the turnover. The assessee appealed and the Assistant Commissioner (Judicial), Sales Tax, gave only some relief to the assessee. The assessee filed second appeal before the U.P. Sales Tax Tribunal. Four points were canvassed before the Tribunal by the assessee. Point No. 4 was that the assessee was not liable to forfeit concession of tax on the purchase of oil-seeds worth Rs. 28,62,000 on account o...
Chhanga Prasad Sahu Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jan-18-1984
Reported in: AIR1986All142
H.N. Seth, J. 1. While considering the question as to whether the Executive Authorities have jurisdiction or power to suspend an arms licence pending enquiry intoproceedings for its cancellation or suspension, a Division Bench of this Court has referred following questions of law for the opinion of a Full Bench : -- '(1) Whether there is power to suspend an arms licence pending enquiry into its cancellation or suspension? (2) Whether in view of the statutory provisions is it incumbent upon the authorities to afford an opportunity of hearing prior to suspension pending enquiry?' And this is how the matter has come up before us. 2. It is apparent that the second question mentioned above would arise for consideration only if the first question is answered in the affirmative. In order to answer the first question, it will be necessary to determine the nature of the enquiry which a licensing authority is, under the provisions of Section 17 of the Arms Act, 1959 (hereinafter referred to as ...
Naresh Kumar Sawhney Vs. New Jai Bharat Transport
Court: Allahabad
Decided on: Jan-18-1984
Reported in: 1(1984)ACC193
O.P. Saxena, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 1.2.1977 made by the Motor Accident Claims Tribunal, Rampur (I Additional District Judge, Rampur) dismissing an application for compensation with costs on parties.2. The facts giving-rise to this appeal are that on 5.11.1972 at 1.30 P.M. one Naresh Kumar Sawhney, a student of law previous aged about 20 years met with an accident. The accident took place on the Thandi Sarak connecting Gandhi Samadhi with Benazir Road. Gandhi Samadhi falls on the way to Civil Lines, Rampur. The applicant is a resident of Civil Lines. He was returning from the Corporation Cinema on his way back home. He was sitting on pillion of motor cycle No. U.S.I. 2609 driven by his friend Vijai Jolly. Bus No. D.L.P. 4387, belonging to opposite party No. 1, insured with opposite party No. 2 and driven by opposite party No. 3 Shanker, came from the opposite direction and dashed against the moror cycle. The motor-cy...
Shanti Devi Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-18-1984
Reported in: 1(1985)ACC385
N.N. Sharma, J.1. This is a plaintiff's appeal directed against the judgment and decree dated 31-7-1974 of Sri R.C. Chaturvedi, learned Judge Small Causes Court (Addl. Civil Judge), Aligarh who allowed Civil appeal No. 490 of 1974 and reversed the judgment and decree recorded by Sri V.K. Aggarwal, Munsif, Koil, Aligarh dated 24-11-1973 in Original suit No. 417 of 1970 by which plaintiff's claim was decreed for Rs. 3,088/- with pendente lite and future interest at Rs. 5/- per cent per annum.2. Plaintiff is sole proprietor of Firm Roop Ram Moti Lal, South Tiara Colliery Ltd. Aligarh. He got heard coke booked from Pathardihi station for delivery at Aligarh. He was consignee and obtained R/R No. 571840 dated 29-6-1968 weighing 24.3 tonnes invoice No. 28. The wagon was well covered and rivetted and sealed. When in reached the destination station original seals and rivets were missing.3. Plaintiff was not informed about the arrival of wagon by the Railway -officials but he found subsequently...
New India Assurance Co. Ltd. Vs. Mohd. Ashfaq and ors.
Court: Allahabad
Decided on: Jan-17-1984
Reported in: I(1984)ACC220; [1986]59CompCas43(All)
O.P. Saxena, J. 1. This is an appeal under Section 110B of the Motor Vehicles Act, 1939, against the award dated August 31, 1976, made by the Motor Accidents Claims Tribunal, Bareilly (II Additional District Judge, Bareilly), decreeing the claim for a sum of Rs. 24,000 with pendente lite and future interest at 6% per annum up to October 31, 1976, and 10% per annum on the sum of Rs. 24,000 from November 1, 1976, onwards. It was directed that the primary liability would be of opposite party No. 4, Northern India General Insurance Company, and opposite party No. 5, New India General Assurance Co., with which the former company had merged and opposite parties Nos. 4 and 5 were allowed time till October 31, 1976, to pay the sum of Rs. 24,000 along with interest.2. The facts giving rise to this appeal are that on July 10, 1969, at 11 a.m. one Mohd. Ishaq, aged about 37 years, was the victim of an accident on Bareilly-Rampur Road within the limits of village Jauharpur, P.S. Izat-nagar. The de...
J.J. Pancholi Vs. Sridharjee and ors.
Court: Allahabad
Decided on: Jan-17-1984
Reported in: AIR1984All130
O.P. Saxena, J.1. This is a revision under Section 25 of the provincial Small Cause Courts Act against the judgment and decree dated 28-2-81 passed by the Learned II Additional District Judge. Allahabad decreeing the suit for recovery of arrears of rent, ejectment and damages for use and occupation along with interest at the rate of 12% per annum on the amount of pendente lite and future damages.2. The dispute relates to premisesNo. 24/35 Mahatma Gandhi Marg. Allahabad, more commonly knownas Plaza Theatres. Apart fromthe accommodation in use for the cinemaon the ground floor, first floor andsecond floor, there is a residential portion in the second floor.3. The plaintiff is the landlord of the premises in suit, Sri J. P. Pancholi was the lessee of the premises. On 29th March, 1965 a lease deed was executed whereby the premises in suit were let out to Sri J. P. Pancholi on a rental of Rupees 1100/- for a period of 10 years. The lease was to continue up to 28th March, 1975.4. On 18-9-197...
Anwarul Haq (Deceased by L. Rs.) Vs. Nizam UddIn (Deceased by L. Rs.) ...
Court: Allahabad
Decided on: Jan-16-1984
Reported in: AIR1984All136
B.D. Agarwal, J. 1. This appeal is directed against the judgment and decree of the Second Temporary Civil & Sessions Judge, Azamgarh dated Aug. 23, 1969.2. The defendant No. 1 was the Bhu-midhar of the land specified at the foot of the plaint. On Oct. 29, 1963 he entered into an agreement in writing to sell, this land to the plaintiff for consideration of Rs. 4000/- of which a sum of Rs. 500/- was paid by the plaintiff to the defendant No. 1 the same day as earnest. The sale was to be executed after obtaining permission from the Settlement officer (Consolidation) since the land in question was under consolidation proceedings. The plaintiff asked the defendant No. 1 to apply for the permission which the defendant no. 1 did. On the permission being obtained the plaintiff insisted upon the defendant No. 1 to execute the sale in his favour and obtain the balance of the sale Consideration. This was evaded by the defendant No. 1. On Dec. 21, 1963, the defendant No. 1 executed sale of the lan...
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