Allahabad Court December 1984 Judgments
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In Re : R.K. Chakravarty, Collector, Custom and Central Excises
Court: Allahabad
Decided on: Dec-18-1984
Reported in: 1985CriLJ961
ORDERI.P. Singh, J.1. This contempt application has been moved under Article 215 of the Constitution of India (hereinafter referred to as the Constitution) by Mr. R. K. Chakravarty, Collector and Mr. Mahender Singh, Assistant Collector, Custom and Central Excise, Varanasi, applicants. (They are respondents in Civil Misc. Writ Petition No. 398 of 1984 moved under Article 226 of the Constitution by petitioners Messrs National Chemical Works Manduadih, Varanasi). The relief sought in the present contempt petition is that this Court may charge the partners of the petitioner from (M/s National Chemical Works) jointly and severally and punish them for the abuse of the process of the court.2. Article 215 of the Constitution runs as follows:High Courts to be Courts of record : - Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.Obviously then the applicants are treating the alleged 'abuse of process of...
Ram Mani Gupta and ors. Vs. Mohammad Ibrahim and anr.
Court: Allahabad
Decided on: Dec-13-1984
Reported in: I(1985)ACC505; [1986]60CompCas977(All)
O.P. Saxena, J. 1. This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the order dated April 25, 1970, passed by the Motor Accidents Claims Tribunal (III Addl. District Judge), Allahabad, dismissing the application for compensation.2. On February 2, 1977, at about 3.30 p.m. on Allahabad-Varanasi Road, near Jaunpur petrol pump in Phaphamau, one Anand Kumar Gupta met with an accident which resulted in his death.3. In the petition, it was said that Anand Kumar Gupta was coming on a motor cycle from Tharwai on his way back to Allahabad. He was coming on the road from east to west. Truck No. UTB 2025 was crossing the road on its way from Burmah Shell Petrol Pump towards the north to Jaunpur petrol pump towards the south of the road. Due to the rash and negligent driving of the truck, Anand Kumar Gupta was run over by the truck and he died. A sum of Rs. 1,00,000 was claimed as compensation.4. Opposite party No. 1 contested the petition with the allegation that the a...
Abdul Rashid Vs. Firm Wajid Ali Abdi Ali
Court: Allahabad
Decided on: Dec-13-1984
Reported in: AIR1985All239
N.N. Mithal, J. 1. This is an execution second appeal by the judgment-debtor and the sole question that is involved in the appeal is whether the liability of the judgment-debtor would stand substituted against the Supurdar after the judgment-debtor's property is attached in execution of the decree and is handed over to the Supurdar for custody by the attaching officer. 2. The relevant facts are that a compromise decree was obtained on 29th August, 1959 from the Court of the Munsiff, Azamgarh. Since the judgment-debtor was a resident of district Fatehpur, a precept was obtained from the executing Court at Azamgarh for execution in district Fatehpur in 1962 and the decree-holder succeeded in securing attachment of the harvested crop belonging to the judgment-debtor on 12th April, 1962. This resulted in three objections being filed under Order 21 Rule 58 C.P.C.; but all of them were dismissed by 15th May, 1963. This in turn gave rise to three suits under Rule 63, but they were also dismis...
U.P. State Road Transport Corporation Vs. Km. Sarita
Court: Allahabad
Decided on: Dec-13-1984
Reported in: AIR1985All272
A. Banerji, J.1. This is an appeal under Section 110-B of the Motor Vehicles Act, 1939, filed by the U.P. State Road Transport Corporation through its Deputy General Manager, Eastern Zone, Varanasi and through its Chairman, Lucknow.2. Km. Sarita alias Usha, under the guardianship of her maternal grandfather ShivMurat Mishra, filed a claim petition for Rs. 25,000/- against the U. P. State RoadTransport Corporation, hereinafter referred to as the Corporation, through its Chairman and Deputy General Manager, Eastern Zone, on the ground that Km. Sarita the applicant was injured by the Roadways bus No. VTN 3237 as a result of which her right hand had to be amputated and the left hand was rendered useless and she had a major defect in her speach. It was alleged that the driver of the Roadways bus was rash and negligent which resulted in the accident. The Corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to the s...
Ram Co Coke Industries and anr. Vs. Commissioner of Sales Tax and anr.
Court: Allahabad
Decided on: Dec-13-1984
Reported in: [1986]61STC212(All)
Om Prakash, J.1. These writ petitions raise a common question and, as such, are being decided by a common order.2. The short question for consideration in these writ petitions is whether the circulars dated 11th October, 1983, 16th November, 1983, and 11th May, 1984, issued by the Commissioner of Sales Tax, U.P., fixing the amount of security to be furnished for proper use of forms are invalid and inoperative.3. The contention of the petitioners is that under Section 8-C, Sub-section (2), of the Uttar Pradesh Sales Tax Act, 1948 (for short 'the Act of 1948'), the assessing authority has to satisfy as to what amount of security for proper use of form XXXI is required td be furnished by a dealer and that such power cannot be exercised by the Commissioner. The aforementioned circulars having been issued by the Commissioner fixing the amount of security are said to be invalid for this reason. A perusal of the Act of 1948 shows that Section 8-C was substantially amended retrospectively by t...
U.P. State Road Transport Corporation and anr. Vs. Sarita (Minor)
Court: Allahabad
Decided on: Dec-13-1984
Reported in: 1(1985)ACC402
A. Banerji, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, filed by the UP. State Road Transport Corporation through its Deputy General Manager, Eastern Zone, Varanasi and through its Chairman, Lucknow.2. Kumari Sarita alias Usha, under the guardianship of her material grand father Shiv Murat Mishra filed a claim petition for Rs. 25,000/- against the U.P. State Road Transport Corporation, hereinafter referred to as the Corporation, through its Chairman and Deputy General Manager, Eastern Zone, on the ground that Kumari Sarita the applicant was injured by the Roadways bus no, VTN 3237 as a result of which her right hand had to be amputated and the left hand was rendered unless and she hand a major defect in his speech. It was alleged that the driver of the Roadways bus was rash and negligent which resulted in the accident. The Corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to...
Anand Mohan Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-11-1984
Reported in: AIR1985All114
S.K. Dhaon, J.1. The petitioner, who claims to be a social worker, has invoked the extraordinary jurisdiction under Article 226 of the constitution by initiating so-called public interest litigation blended with the enforcement of his legal rights, though in a half-hearted manner. This Court is being asked to set at naught the process already commenced for constituting the Eighth Lok Sabha (House of the People).2. The term of the Seventh Lok Sabha expires on 20th January, 1985. The President on 20th November, 1984 issued a notification published in the Gazette of India (Extraordinary) whereby in the purported exercise of powers as contained in Sub-section (2) of Section 14, Representation of the People Act, 1951 (hereinafter referred to as the Act) he called upon all parliamentary constituencies (other than those within the States of Assam and Punjab) to elect members of a new House of the People. The petitioner, who appears in person, questions the jurisdiction of the President to iss...
Oriental Fire and General Insurance Co. Ltd. and anr. Vs. New Suraj Tr ...
Court: Allahabad
Decided on: Dec-10-1984
Reported in: AIR1985All136
I.P. Singh, J.1. F. A. F. O. No. 470 of 1978 and F. A. F. O. No. 471 of 1978 are between the same parties and respectively arise out of two separate orders both dated 5-4-1978 of Shri Phool Singh, Additional Civil Judge, Ghaziabad, passed in two separate Suits Nos. 86 of 1976 and 85 of 1976 respectively. 2. Plaintiff 1 is a company carrying on business of general insurance with its registered office at Jiwan Udyog, A-25/27, Asir Ali Road, New Delhi and nationalised by U. P. Government under Act No, 57 of 1972. Shri S.S. Bakshi is the Manager of the said insurance company and as such competent and authorised to file the suits by power of attorney. 3. Plaintiff 2 is a partnership firm duly registered under the Partnership Act and Daya Kishan Gupta is its partner. The said firm carries on business under the name and style of Anand Industrial at Gandhi Road, Pilkhuwa, Ghaziabad. 4. The defendant New Suraj Transport Company (P) Ltd., carries on business at various places jn India, including...
A.K. International Metal Merchant and Commission Agent and anr. Vs. St ...
Court: Allahabad
Decided on: Dec-10-1984
Reported in: [1985]60STC83(All)
N.D. Ojha, J. 1. Certain goods belonging to the petitioners which were being transported from Mathura to Moradabad on a truck were seized on 10th July, 1984. The petitioners made an application before the Assistant Commissioner (Executive), Sales Tax, Moradabad Range, Moradabad under Section 13-A(6) of the Uttar Pradesh Sales Tax Act (hereinafter referred to as the Act) for release of those goods on furnishing adequate security. The Assistant Commissioner by his order dated 3rd September, 1984 required the petitioners to furnish security in the sum representing forty per cent of the value of the goods seized. It is this order, a copy whereof has been filed as annexure X to the writ petition, which is sought to be quashed under Article 226 of the Constitution of India.2. It has been urged by counsel for the petitioners that even on the finding recorded by the Assistant Commissioner, the petitioner could not be required to furnish security in the sum representing forty per cent of the va...
Satya NaraIn Vs. State
Court: Allahabad
Decided on: Dec-10-1984
Reported in: 1985CriLJ966
S.I. Jafri, J.1. Satya Narain, son of Shukru Pasi, resident of village Kantipur, Police Station Manjharpur, District Allahabad, has been convicted under Section 302 IPC and sentenced to life imprisonment by Sri J. S. Misra, 2nd Additional District and Sessions Judge. Fatehpur by his judgment and order dated 30-8-1978. Co-accused Dhanraj was also prosecuted along with Satya Narain but he was acquitted by the trial Court. This appeal has been filed by the appellant against his aforesaid conviction and sentence recorded by the trial Court.2. The prosecution case is that Chhedilal, complainant was married to Smt. Ram Kali, daughter of Ram Prakash who was the elder brother of appellant Satya Narain. Smt. Ramkali died of Cholera in the morning of 24-10-76 at about 10 a.m. in village Bhaidpur, D, S. Khakreru, Distt. Fatehpur. The complainant sent a message to his father-in-law Ram Prakash in village Kantipur regarding the death of his wife. The complainant awaited the arrival of Ram Prakash a...
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