Allahabad Court October 1984 Judgments
Benares Cotton and Silk Mills Ltd. (In Liquidation) Vs. Sulbha Devi Gu ...
Court: Allahabad
Decided on: Oct-30-1984
Reported in: [1986]60CompCas639(All)
Banerji, J.1. The first appeal from order has been filed under Section 483 of the Companies Act, 1956, against an order passed by the District Judge, Varanasi, dated Septembers, 1977, allowing claim of the respondent, Smt. Sultha Devi Gupta, for a sum of Rs. 1,17,948.49. Aggrieved by the above order, Benares Cotton and Silk Mills Ltd. (in liquidation) has filed this appeal through the official liquidator.2. Smt. Sulbha Devi Gupta, hereinafter referred to as ' the claimant ', made a claim for a sum of Rs. 1,17,948.49 before the joint official liquidator. The latter investigated the claim and submitted a report dated August 21, 1960. In the above report, he held that the claim was barred by time and also pointed out that the liquidator had a claim against the directors including the claimant, under Section 235 of the Companies Act, and, as such, the claimant was not entitled to any payment until the claim of the official liquidator had been fully satisfied. The claimant being dissatisfie...
Tag this Judgment!Kallo Vs. U.P. State Roadways Transport Corporation
Court: Allahabad
Decided on: Oct-30-1984
Reported in: 1(1985)ACC191
R.K. Shukla, J. 1. This F.A.F.O. under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award of the Motor Accident Claims Tribunal (hereinafter referred to as Tribunal) dated 30th July, 1977.2. The accident in question occurred on 13th June 1975 on Kanth-Moradabad road near P. Gandhi Ashram, Moradabad, on account of U.P. Roadways bus No. UPM 8957 having dashed against Jumma, the latter was crushed under the wheel of the bus and died instantaneously. The claim for compensation to the tune of Rs. one lakh was made by both the appellants jointly in the capacity as wife and mother respectively of Jumma deceased contending that the accident occurred due to rash and negligent act of Asha Ram, driver of the bus. The claim was resisted by all the respondents who refuted that the accident took place due to any rashness or negligence on the part of the driver and also pleaded that the amount of compensation claimed by the appellants was highly exorbitant.3. The driver Asha ...
Tag this Judgment!Chander Kala and ors. Vs. Murari Lal Singhal and ors.
Court: Allahabad
Decided on: Oct-29-1984
Reported in: 1(1985)ACC208
A. Banerji, J.1. The claimants, widow, some and a minor daughter, have filed this appeal against the dismissal of their claim petition made under Section 110-A of the Motor Vehicles Act, by the Motor Vehicles claims Tribunal, Dehradun. The Claimants had prayed for an award in the sum of Rs. 150,000/- as compensation, on account of the death of Shri Narain Das Arora, against the owner, driver and the Insurer M/s New India Assurance Co. Ltd.2. The Claimants alleged in the claims petition that Shri Narain Das Arora, husband of appellant No. 1, Smt. Chandra Kala Devi and the father of the other appellants, was going on a scooter on the Chakrata Road, Dehradun, a busy locality, at about 11 in the morning of 4th October, 1976. The motor vehicle No. USM 846, which was proceeding ahead of the scooter driven by Shri Narain Das Arora, was being driven rashly and was suddenly stopped and the driver flung open his door, with the result that the scooter collided with the car and the scooterist fell...
Tag this Judgment!Raghuraji Devi and ors Vs. Haji Lal Mohammad Biri Works
Court: Allahabad
Decided on: Oct-29-1984
Reported in: 1(1985)ACC238
O.P. Saxena, J. 1. This is an appeal against the order dated 30th March 1977 passed by the Motor Accident Claims Tribunal (Additional District Judge) Allahabad awarding a sum of Rs. 12,500/- with interest @ Rs. 6% per annum from the date of order till the date of payment and proportionate costs. It was further directed that the entire compensation, interest and proportionate costs will be payable by respondent No. 2.2. The facts giving rise to this appeal are that on 20th September 1975 at 4.15 P.M. in front of the shop of Baij Nath of village Lari Bari, district Allahabad one Ram Dularey met with a motor accident and succumbed to the injuries on his way to the hospital. He was going on the road on his left side when he was run over by Jeep No. UTB 3307. It is said that the jeep was being driven rashly and negligently. A report of the accident was lodged on the same day at P.S. Shankergarh, District Allahabad.3. The claim petition was filed by the widow, four sons and a widowed daughte...
Tag this Judgment!Subhash Chandra Vs. Nagar Mahapalika
Court: Allahabad
Decided on: Oct-28-1984
Reported in: AIR1984All228
O.P. Saxena, J. 1 This is a plaintiff's appeal against the judgment and decree dated 14-9-76 passed by the learned Civil Judge, Kanpur. 2. The suit was filed by one Mukta Prasad for cancellation of gift deed dated 4th August, 1964, for possession over the house and for permanent injunction restraining the defendant from interfering with his possession over the house. Mukta Prasad was recorded owner of House No. 109/56 Nehru Nagar, Kanpur. He had no wife or child. On 4th August, 1064 he executed gift deed of the house in favour of the defendant. He filed the suit for cancellation of the gift deed on the grounds that its execution was obtained under fraud and misrepresentation, that the deed was never executed and explained to him and that it was never acted upon. It was alleged that the defendant wrongfully obtained possession over the house. Mukta Prasad died during the pendency of the suit and Subhas Chandra was brought on the record on the basis of will Ex. 28 dated 20-11-65. 3. The ...
Tag this Judgment!Farooque Ahmed Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Oct-23-1984
Reported in: AIR1985All326
ORDERD.N. Jha, J. 1. The short question involved in this writ petition under Article 226 of the Constitution is that the learned Commissioner, Lucknow Division, Lucknow, in rejecting the application under Section 5, Limitation Act, erred in exercise of jurisdiction and thereby the petitioner was denied the vested right of hearing by the learned appellate Court.2. I have heard the learned counsel for the parlies. The appeal preferred against the order passed by the District Magistrate, Unnao,was undoubtedly beyond time by 1 month 20 days. The petitioner feeling aggrieved by the order of the District Magistrate, Unnao, preferred an appeal before the Commissioner, Lucknow Division, Lucknow, along with an application under Section 5, Limitation Act, for condonation of delay in filing the appeal. This application was duly supported by an affidavit sworn by the petitioner himself. The District Magistrate had cancelled licences for D. B. B. L. and S. B. B. L. guns. The petitioner was involved...
Tag this Judgment!Ram Suchit and anr. Vs. 1st Additional District Judge, Gorakhpur and o ...
Court: Allahabad
Decided on: Oct-23-1984
Reported in: AIR1986All149
ORDERB.N. Sapru, J. 1. This writ petition has been filed by Ram Suchit and Ram Sumer sons of Baldeo and is directed against an order of the I Additional District Judge, Gorakhpur, whereby he has allowed Civil Revision No. 44 of 1981, Chhedi v. Basdeo and 2 others, and as a result of the revisional order, the petitioners' application for being impleaded as parties in Suit No. 153 of 1979 stood dismissed. 2. The short facts of the case are that Basdeo, the respondent No. 3, was the owner of the half share, of Plot No. 256 having a total area of 1.88 Acres. According to the petitioners, Basdeo executed a sale deed intheir favour on 26-11-1977 for .03 decimal land. Thereafter on 5-12-1977 he executed a sale deed of another .03 decimal of land in favour of Chhedi. 3. Chhedi instituted Suit No. 153 of 1979 for rectification of the sale deed dated 5-12-1977 executed by Basdeo in favour of the respondent Chhedi, inter alia, on the ground that the reference to .03 decimal of the area should be ...
Tag this Judgment!Kisan Sahkari Chini Mills Ltd. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Oct-20-1984
Reported in: 1984(17)ELT29(All)
A. Banerji, J.1. By this writ petition the petitioner seeks appropriate orders directing the respondents 3 to 5 not to impose or realise Excise duty and additional Excise duty at the rate of 15% and 5% respectively on levy sugar.2. The petitioner is a Co-operative Sugar Factory registered under the provisions or the U.P. Co-operative Societies Act. It carries on the business of manufacture and sale of sugar at Rasra, district Ballia. Petitioner's factory is a new unit and commenced crushing operation in November 1975.3. The Government of India announced certain incentives for higher production of sugar in order to achieve production target envisaged in the 5th Five Years Plan period. Government Orders had been issued for the establishment of the new sugar factories and for effecting substantial expension in the existing sugar factories. It was noticed that there had been steep increase in the cost of plant and machinery required for sugar projects and it was found that the new projects...
Tag this Judgment!Devendra Kumar Verma Vs. Smt. Chand Rani
Court: Allahabad
Decided on: Oct-19-1984
Reported in: AIR1985All155
M. Wahajuddin, J. 1. The petitioner appellant brought a petition for annulment of the marriage with opposite party and in any case for dissolution of marriage with opposite party. The main stand of the petitioner was that the opposite party was divorcee, having married to one Yogesh Kumar earlier and this fact was suppressed from the petitioner and his parents, and had it been known to them they would have not gone for marriage and there has been a fraud. According to the petitioner, he first came to know of this earlier marriage and divorce in April 1979. It would appear that the couple later parted and respondent ceased to live with the petitioner. The case of the appellant is that this happened near about 4-9-1979. The case of the respondent is that she lived with the petitioner up to 15-9-1979. Respondent's further stand was that as there was marriage in petitioner's family invitation card was sent and the husband also rang the wife and even after institution of the suit, which had...
Tag this Judgment!U.P. Ban Nigam, Almora and anr. Vs. Bishan Nath Goswami, (Deceased by ...
Court: Allahabad
Decided on: Oct-19-1984
Reported in: AIR1985All351
ORDERN.N. Sharma, J.1. This revision is directed against order dated 7-12-1981 by Sri G. K. Mathur, learned District Judge, Almora who allowed application of respondent (now dead) under Section 8 of Arbitration Act X of 1940 and appointed Sri Gobardhan Upreti, Advocate, Almora as an arbitrator to enter the reference and give award within the prescribed period.2. There is no dispute on the point that under the agreement dated 20-2-1977 (Annex. 1) filed with the stay application, applicant-contractor was given the contract of cutting the trees in logs and to transport them to Haldwani Forest Depot : Clause 15 of the agreement provides that all the disputes between the Contractor and Chief Logging Officer shall be referable to the General Manager Logging who shall arbitrate on it. On 18-5-1981, applicant-contractor served a notice on opposite party to enter upon and proceed to decide the dispute by arbitration. There was a prayer that the award should be given within four months.The arbit...
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