Allahabad Court April 1984 Judgments
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U.P. Lamination Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-19-1984
Reported in: 1985(21)ELT69(All)
S.K. Dhaon, J.1. The petitioner by means of an application invoked the benefit of the proviso to Section 35 of the Central Excises and Salt Act (hereinafter referred to as the Act). The appellate Tribunal on order directing that instead of making cash deposit, the petitioner may deposit in cash 25% of the demand adjudged against it and furnish to the satisfaction of the concerned collector of Central Excise, bank guarantee for the balance amount within a period of two months. In pursuance of this order the petitioner it appears approached the State Bank of India, Unnao with a request that it may give a bank gaurantee for a sum of Rs. 2,50,000/-. In reply the bank pointed out to the petitioner that the following guarantee should be furnished by the petitioner to the bank to enable it (the bank) to proceed further with the request of the petitioner to issue a bank guarnatee :1. Margins money.2. Cash margin equivelant to security.3. Title deeds in the name of firm or in the name of any pa...
Noor Mohammad and anr. Vs. Shrimati Phoola Rani and ors.
Court: Allahabad
Decided on: Apr-18-1984
Reported in: [1986]59CompCas306(All)
A. Banerji, J. 1. This appeal arises out of an award made by the Motor Accidents Claims Tribunal, Jhansi, dated October 6, 1975. As a sequel to an accident on November 18, 1971, one Badri Prasad, a passenger in the vehicle, died. The heirs of the deceased, respondents Nos. 1, 2, 3 arid 3A, filed a claim petition for compensation before the Tribunal. After contest by the two appellants, owner and driver, of the vehicle and by the insurance company, respondent No. 4, the Tribunal allowed the petition and awarded compensation in the sum of Rs. 42,000, apportioning the amount to be paid to each of the heirs. Interest at the rate of six per cent. per annum and proportionate costs were also granted. The Tribunal, however, specified that the liability of the insurance company would be Rs. 5,000 only. Aggrieved, the appellants have filed the present appeal.2. The relevant facts briefly stated are as follows : Badri Prasad was a member of a marriage party travelling in Bus No. USU 518 from vill...
Noor Mohammad and anr. Vs. Smt. Phoola Rani and ors.
Court: Allahabad
Decided on: Apr-18-1984
Reported in: AIR1984All317
A. Banerji, J.1. This appeal arises out of an Award made by the Motor Accidents Claims Tribunal. Jhansi. dated the 6th Oct. 1975. As a sequel to an accident on the 18th Nov. 1971, one Badri Prasad a passenger in the vehicle died. The heirs of the deceased. Respondents 1, 2, 3 and 3A, filed a claim petition for compensation before the Tribunal. After contest by the two appellants owner and driver, of the vehicle and by the Insurance Company. Respondent No. 4, the Tribunal allowed the Petition and awarded a compensation in the sum of Rs. 42,000/- apportioning the amount to he paid to each of the heirs. Interest at the rate of six per cent per annum and proportionate costs were also granted. The Tribunal, however, specified that the liability of the Insurance Company would be Rs. 5,000/- only. Aggrieved, the appellants have filed the present appeal.2. The relevant facts briefly stated are as follows:--Badri Prasad was a member of a marriage party travelling in Bus No. USU 518 from village...
Noor Mohammad Vs. Smt. Phoola Rani and ors.
Court: Allahabad
Decided on: Apr-18-1984
Reported in: I(1984)ACC1
A. Banerji, J.1. This appeal arises out of an Award made by the Motor Accidents Claims Tribunal, Jhansi dated the 6th October, 1975. As a sequel to an accident on the 18th November, 1971, one Badri Prasad, a passenger in the vehicle died. The heirs of the deceasesd, Respondents 1, 2, 3 and 3A, filed a claim petition for compensation before the Tribunal. After contest by the two appellants owner and driver, of the vehicle and by the Insurance Company Respondent No. 4, the Tribunal allowed the petition and awarded a compensation in the sum of Rs. 42,000/-, apportioning the amount to be paid to each of the heirs. Interest at the rate of six percent per annum and proportionate costs were also granted. The Tribunal, however, specified that the liability of the Insurance Company would be Rs. 5,000/- only. Aggrieved, the appellants have filed the present appeal.2. The relevant facts briefly stated are as follows: Badri Prasad was a member of a marriage party travelling in Bus No. USU 518 from...
Smt. Rachna Sharma Vs. Chandra Mohan Sharma
Court: Allahabad
Decided on: Apr-17-1984
Reported in: AIR1984All302
R.A. Misra, J. 1. This application under Section 24 of Civil P. C. has been moved by Smt. Rachna Sharma for transfer of petition No. 120 of 1983 Chandra Mohan Sharma v. Smt. Rachna Sharma pending in the Court of District Judge. Muzaffar Nagar to a competent Court in the district of Moradabad. 2. The facts which have given rise to this petition are briefly put as below. 3. Smt. Rachna Sharma the applicant was married to Sri Chandra Mohan Sharma. Opposite party No. 1 at Moradabad on 10th Dec. 1982. She is a graduate with Rood academic career and belongs to a very cultured family of Moradabad. She is aged about 22 years Sri Sharma has filed a petition (No. 120 of 19831 in the Court of District Judge. Muzaffarnagar for annulment of the marriage, on the ground that Smt. Sharma is suffering from mental disorder. The applicant's contention is that the petition has been filed by Sri Sharma simply to harass and pressurise the applicant to bring more dowry. Her father is a Lecturer in Hindu Coll...
Shyam Kumari and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-17-1984
Reported in: 1984CriLJ1324
ORDERM. Wahajuddin, J.1. This application has been preferred by Shyam Kumari and 18 others with a prayer that the charge-sheet relating to crimes Nos. 52 to 71 of 1982, P.S. Kotwali, District Mirzapur and the Criminal cases pending in their pursuance in the court of the Chief Judicial Magistrate, Mirzapur, may be quashed.2. The applicants are prosecuted under Sections 3, 4, 5, 7 and 8 Suppression of Immoral Traffic in Women & Girls Act, 1956, in pursuance of a raid that was carried on 26.2.1982 and the FIR lodged. It is urged that the applicants are respectable members of the society and profess the art of singing and dancing and do not indulge in immoral traffic. It is a question of fact and can be looked into by the trial court itself when trial is proceeding and this Court will not consider the questions of fact. It is further urged that the provisions of Section 15, S.I.T.W.G. Act, were not complied with and they are mandatory and the whole proceeding is vitiated. The person who co...
State of Uttar Pradesh Vs. Vinod Kumar Bhatnagar and ors.
Court: Allahabad
Decided on: Apr-12-1984
Reported in: II(1984)ACC23; AIR1984All344
1. These appeals are directed against the judgment and decree of the Additional Civil Judge, Mirzapur d/- March 23, 1967.2. On June 15, 1962 the plaintiffs Vinod Kumar and Har Har Prasad were passengers on Bus U. P. C. 5246 belonging to the State Government under the Transport Department and had boarded the same at Varanasi for Churk. The Bus left Varanasi at 7.30 A. M. one hour behind the schedule on its way to Churkvia Mirzapur. It passed by Chunar situate nearly 28 miles from Varanasi and reached the culvert situate about two miles west of Chunar. Truck No. USM 1004 held on hire purchase agreement by Mela Ram defendant came to the culvert from the opposite direction carrying lime on its way to Varanasi from Mirzapur. It was around 8.30/8.45 A. M. Vinod Kumar had his seat in the upper class by the side by the window towards the right. Hari Har Prasad the other plaintiff was seated behind him in the lower class with the window immediately to his right. Both the Bus and the truck above...
Qasim and ors. Vs. the State of ors.
Court: Allahabad
Decided on: Apr-12-1984
Reported in: 1984CriLJ1677
ORDERM. Wahajuddin, J.1. The applicants have been summoned under Sections 147, 148, 323, 324 and 307 I.P.C. as per order dt. 19.2.1983, Annexure 4. It would appear that the police submitted a final report in this case. A protest petition was preferred and the Magistrate' then passed the following order:Perused case diaries, application and other papers. In the cross case the accused have been challaned.Prima facie offences Under Section 147/148/324/323/307 IPC are made out against accused Qasim @ Fausi, Sukha Asghar, Mohd. Amin, Kamil, Hayat, Liyaqat, Mishtaq. Aalim, Amir, Ahmad, Hanif, Shuukat, Popat Jamil, Shakil Ahmad and Zafar and there are sufficient grounds to proceed against them.Issue warrants of arrest against them. Fix 24.3.1983.sd/ MQ. SiddiqiJ.M.I. 19.2.1983.2. It is urged that the order is illegal and without jurisdiction and is a non-speaking order and was based mechanically and the Magistrate was bound lo follow the procedure for a complaint case which the Magistrate has...
Kamlesh Kumar Vs. Girish Kapoor and anr.
Court: Allahabad
Decided on: Apr-12-1984
Reported in: 1984CriLJ1680
I.P. Singh, J.1. Kamlesh Kumar applicant has moved this application Under Section 482, Cr.P.C. to get order dt. 10.10.83 passed by IX Addl. Sessions Judge, Moradabad quashed.2. The brief facts are that Girish Kapoor O.P. No. 1 representing himself to be the Manager of M/s. Angles Films, Moti Cinema, Chandni Chowk, Delhi lodged an FIR at P.S. Bilari, Moradabad that a print of film 'Nasib' belonging to M/s. Angles Films was stolen from office in New Delhi on 4.6.83 and its; print was being run in Bulari. It was in pursuance of this FIR that print of film Nasib running in Anil Touring Talkies, Bilari was seized by the police on 5.6.68. The present applicant is the Manager of the said Touring Talkies. Thus counter claims to the possession of the said print of film Nasib arose. Both the parties applied Under Section 457, Cr.P.C. in the court of Judicial Magistrate, Moradabad for the delivery of the same. The learned Magistrate after considering the evidence led by the parties before him, or...
U.P. State Road Transport Corporation Vs. Jaswanti Rai Chopra and ors.
Court: Allahabad
Decided on: Apr-12-1984
Reported in: I(1984)ACC469
B.D. Agarwal, J.1. These are two connected appeals Under Section 110-D of the Motor Vehicles Act arising against the award of the Motor Accident Claims Tribunal, Saharanpur, dated August 27, 1977.2. The accident in question occurred on January 31. 1973 around 11.45 A.M. Jaswant Rai accompanied with his wife, R.K. Bhalla and the wife or R.K. Bhalla were proceeding on a jeep from Delhi to Saharanpur. The driver of the jeep was also there in addition to these passengers. The Roadways Bus No. UST 3925 belonging to the U.P. State Transport Corporation (hereinafter referred to as the Corporation) was proceeding from Saharanpur towards Delhi and was being driven by one Dhian Singh. The case of the claimant is that the bus collided against the jeep head on resulting in the death of four of the passengers of the jeep, namely, the wife of Jaswant Rai, R.K. Bhalla, the wife of R.K. Bhalla and the driver of the jeep. Multiple injuries were caused also to Jaswant Rai himself. F.I.R. was lodged imme...
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