Allahabad Court December 1984 Judgments
Suraj Bhan Dixit Vs. Yatri Kar Adhikari and anr.
Court: Allahabad
Decided on: Dec-21-1984
Reported in: AIR1985All143
N.D. Ojha, J. 1. These eight writ petitions raise a common question and are, as such, being decided by a common order. 2. The petitioners in these writ petitions are operators of stage carriages and have to pay passenger tax as contemplated by the U. P. Motor Gadi Yatrikar Adhiniyam, 1962 (hereinafter referred to as the Act). By these writ petitions orders assessing the petitioners to tax under the said Act for the period between Jan. 1979 and 29th July, 1979 passed by the Passenger Tax Officer (Yatri Kar Adhikari) Kanpur, are sought to be quashed. The case of the petitioners which has not been disputed is that they had entered into an agreement as contemplated by the first proviso to Section 5 of the Act for payment of tax under the said Act on the lump sum basis. By the impugned orders the petitioners have been required to pay additional tax on the ground that even though under the agreement they were entitled to make only two trips, they had made more trips and consequently were lia...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Khimuli Devi and ors.
Court: Allahabad
Decided on: Dec-20-1984
Reported in: [1986]60CompCas706(All)
A. Banerji, J.1. Heard learned counsel. The appeal has been preferred against an award made under Section 92A of the Motor Vehicles Act, 1939. One Dhan Singh Rawat died as a result of an accident on November 22, 1982. A claim of Rs. 15,000 was preferred under Section 92A of the Motor Vehicles Act by his widow. Various pleas were taken by owners of the vehicle involved as well as by the insurer. The Claims Tribunal, after considering the evidence on the record, allowed the claim petition for a sum of Rs. 15,000 from the insurer with interest at the rate of 6 per cent per annum. Under the provisions of Section 92A of the Act, in case of death in a motor accident, an amount of Rs. 15,000 is to be paid to the heirs of the deceased, whether or not there was rash or negligent action on the part of the driver of the vehicle involved.2. The above provision has been introduced in the Act for the benefit of the heirs of the deceased so that they may receive at least Rs. 15,000 in case of death o...
Tag this Judgment!Homesh Kumar Sharma Vs. the Vice Chancellor, Aligarh Muslim University ...
Court: Allahabad
Decided on: Dec-20-1984
Reported in: AIR1985All166
R.M. Sahai, J.1. Facts giving rise to this petition directed against order dated 8-9-1983 passed by the Vice-Chancellor, Aligarh Muslim University, Aligarh, are so glaring and shocking that it leaves one amazed that an institution like University entrusted with responsibility of imparting education could pass such arbitrary order which attempted to scuttle the career of a brilliant student and he had to rush to this Court for seeking protection from torture to which he was being subjected.2. Admittedly, petitioner after having passed his Intermediate Examination appeared in a qualifying competitive examination for admission to the B.Sc., Engineering Course of the University for the year 1981-82 for which minimum qualifying marks were forty per cent. He also applied for being considered in the reserved quota for admission as he was a good sportsman during his college career and had been awarded certificate for the year 1980-81 for having stood first in 200 meters race. In the competitiv...
Tag this Judgment!U.P. State Road Transport Corporation, Allahabad and Etc. Vs. Km. Deep ...
Court: Allahabad
Decided on: Dec-20-1984
Reported in: AIR1985All197
I.P. Singh, J.1. All the abovementioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under section 110-A of the Motor Vehicles Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N, Singh, the learned Accidents claims Tribunal, Allahabad, on 29-4-1982. The above eight F. A.F.Os. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-82.2. All the abovementioned eight F.A.F.Os. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-80 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U. P. State Transport Corporation (hereinafter referred to as the Corporation) bus No. U.T.B. 5112 collided on Stanley Road Opposite Tej Bahadur Sapru ...
Tag this Judgment!GyasuddIn Vs. Allah Tala Waqf Mausuma and anr.
Court: Allahabad
Decided on: Dec-20-1984
Reported in: AIR1986All39
B.D. Agarwal, J.1. This is defendant's appeal.2. According to the case of the plaintiff, one Mehendi Hasan was the owner of the property in dispute specified in the plaint besides other land. He died nearly twenty-four years prior to the suit instituted on Sept. 6, 1968, leaving as his heir the son, namely, Hadi Hasan. The death of Hadi Hasan took place in the year 1964. Part of the property had dilapidated during his lifetime; the property in dispute, it is alleged, was being made use of for purposes of Majlis during Moharram and Chehlum and for taking out Tazia on Chehlum. Hadi Hasan himself lived in Basti, where he was employed; the property is situated in Ghazipur. He had a wish that the property in question be dedicated for use as Imambara. Subsequent to his death the widow Srimati Ummed Laila executed a registered deed of waqf dated July 5, 1965, for self and her minor son Shah Shahid Hasan. She herself is the mutawalli under the waqf. The management was looked after on her behal...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Deepti, Minor D/O Major I.D. ...
Court: Allahabad
Decided on: Dec-20-1984
Reported in: 1(1985)ACC298
I. P. Singh, J. 1. All the above mentioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under Section 110-A of the Motor Accident Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N. Singh, the learned Accidents Claims Tribunal, Allahabad, on 29-4-1982. The above eight F.A.F.O.S. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km. Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-1982.2. All the above mentioned eight F.A.F.O.S. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-1980 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) bus No. UTB 5112 collided on Stanley Road Opposite Tej Bah...
Tag this Judgment!In Re: Hari Nandan Agarwal
Court: Allahabad
Decided on: Dec-19-1984
Reported in: (1985)49CTR(All)304; [1986]159ITR816(All); [1986]25TAXMAN147(All)
1. An order of assessment in regard to the assessment year 1981-82 was passed against the petitioner by the Income-tax Officer on March 30, 1983. An appeal was preferred by the petitioner against that to the Appellate Assistant Commissioner of Income-tax, which was allowed in part on February 1, 1984, and the matter was thereafter taken up before the Income-tax Appellate Tribunal, in a further appeal by the petitioner, which wasallowed on May 4, 1984, and the case was remanded to the Appellate Assistant Commissioner of Income-tax. After the remand, the Appellate Assistant Commissioner has by his order dated June 21, 1984 (a copy whereof has been filed as annexure '4' to the writ petition), restored the matter to the file of the Income-tax Officer for completing the assessment after giving the petitioner an adequate and reasonable opportunity to put forward his case. The petitioner, in the meantime, in pursuance of the order passed by the Income-tax Officer had deposited a sum of Rs. 30...
Tag this Judgment!State of U.P. and anr. Vs. Jaya Shree Textile and Industries Ltd. and ...
Court: Allahabad
Decided on: Dec-19-1984
Reported in: AIR1985All212
ORDERN.N. Sharma, J. 1. This is a plaintiffs revision directed against order dt. 4-4-1981 by Sri Kripa Shankar III Addl. Civil Judge Kanpur in Original Suit No. 144 of 1977 by which he rejected the application paper No. 22 Kha 1 of plaintiffs under Order 6, Rule 17 of the Civil P. C. for amendment of the plaint and upheld the objection of respondents paper No. 24 C2.2. Suit No. 144 of 1977 was filed in the court concerned on 31-3-1977. The plaintiffs were Slate of U. P. and U. P. State Textile Corporation Ltd.3. Defendant was M/s. Jaya ShreeTextile & Industries Ltd. having its registered office at Rishra, district-Hooghly, West Bengal.4. The suit was for recovery of Rs. 5,62,558.53P. together with interest pendente lite and future at 12 per cent per annum. Costs of the suit were also claimed.5. It was alleged that State of U. P. had appointed plaintiff No. 2 its nominee for the supplies of Staple Fibre Yarn by the manufacturers against the allotment and had made various allotments in t...
Tag this Judgment!Shamsher Singh Vs. Gopal Prasad and ors.
Court: Allahabad
Decided on: Dec-19-1984
Reported in: 1(1985)ACC489
O.P. Saxena, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the order dated 2nd March, 1978 passed by the Motor Accident Claims Tribunal (VIth Additional District Judge), Meerut dismissing the claim petition with costs on parties.2. On 27th June 1974 at 5 p.m. in front of the main gate of M/s. Mohan Meakin Breweries, Mohan Nagar, Ghaziabad on Grand Trunk Road, one Hari Singh met with an accident. He was trying to board Bus DLP 4916 operating between Ghaziabad and Delhi and fell down. He came under the rear wheel of the bus and died as a result of the accident. A report of the occurrence was lodged by Ram Kamal Singh, an employee of the Mohan Meakin Breweries, Ghaziabad on the same evening.3. Shamsher Singh, the father of the deceased filed a claim petition for Rs. 1,00,000/-. It was alleged that the accident took place due to the rash and negligent driving of the bus, by respondent No. 2, Ashok Kumar Respondent No. 1, Gopal Prasad, was impleaded as the own...
Tag this Judgment!Smt. Mallo Vs. Smt. Bakhtawari and ors.
Court: Allahabad
Decided on: Dec-18-1984
Reported in: AIR1985All160
V.N. Khare, J.1. When this second appeal was heard it appeared that the parties may settle the dispute by negotiated compromise. Since no compromise was arrived at I proceed to dispose of the appeal on its merit.2. This second appeal arises out of suit filed by plaintiff-respondent for cancellation of gift deed dated 1-8-1974 registered on 20-9-1974 with respect to the property detailed at the foot of the plaint partly situate in village Bilsoori and partly in village Derha, Pargana Sikandarabad, District Bulandshahr.3. In brief the plaint allegations were that the defendant-appellants, Mst. Mallo, Mst. Narain and Mst. Kalawati are the three married daughters of plaintiff-respondent, Mst. Bakhtawari. The plaintiff is the widow for last 30 years. The defendant-appellant, Mst. Mallo on 30-7-1974 came to the plaintiff's house along with her husband and asked her to move an application for giving her entire land to all the three daughters equally after her death and for that purpose took h...
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