Allahabad Court August 1984 Judgments
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Baba Jamuna Das Mahanth Vs. Prescribed Authority, Urban Land Ceiling a ...
Court: Allahabad
Decided on: Aug-06-1984
Reported in: AIR1984All357
ORDERK.C. Agarwal, J. 1. This petition under Article 226 of the Constitution has been preferred by Jamuna Das Mahant against the judgment of the District Judge, Gorakhpur, dt. Aug. 27, 1982, accepting the appeal of the petitioner with respect to plot No. 26/1, situate at Bhariagarh, Gorakhpur, and remanding it for deciding the same afresh. The District Judge dismissed the appeal with respect to plot No. 26/2. In the present writ petition, the grievance is confined to plot No. 26/2.2. Upon the commencement of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), the petitioner Jamuna Das claimed that the aforesaid two plots which had the total area of 24929.52 square metres, were liable to be exempted under Section 19(1)(iv) of the Act. The petitioner claimed that the two plots were dedicated to Kabir Math and as this Math was holding them for public charitable or religious purposes, the area covered by these plots was not liable to be declared surplu...
Swadeshi Polytex Limited Vs. Swadeshi Mining and Manufacturing Co. Ltd ...
Court: Allahabad
Decided on: Aug-03-1984
Reported in: [1987]62CompCas683(All)
A. Banerji, J.1. This special appeal has been filed by M/s Swadeshi Polytex Ltd. against the decision dated March 2, 1983, by the learned company judge allowing company petition under Section 155 of the Companies Act, 1956, and directing the appellant (M/s. Swadeshi Polytex Ltd. hereinafter referred to as 'the Polytex') to correct its register of members by deleting the names of the holders of the disputed 1,26,000 equity shares and in its place substitute the name of the New Bank of India, Kanpur (respondent No. 2), within a week and it was further directed that respondent No. 2 shall have voting right in respect of the aforesaid equity shares.2. M/s. Swadeshi Polytex Ltd. is a company with its head office in Ghazia-bad engaged in the production of rayon and ancillary products. Its managing director is Sri Sita Ram Jaipuria. Swadeshi Cotton Mills, Kanpur, is one of the major shareholders of Polytex. Its managing director is Sri Raja Ram Jaipuria. There were two trusts, viz., A. M. Jai...
Ram Saroop Bajpai and ors. Vs. Arjun Das Parmanand and anr.
Court: Allahabad
Decided on: Aug-02-1984
Reported in: AIR1985All110
1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 has been directed against the judgment and order dated 3-5-1977 passed by the Motor Accident Tribunal (hereinafter referred to as Tribunal) awarding Rs. 7000/- to the appellants as compensation for the death of their son namely Annu, aged about 6 years, who was run over on 28-10-1974 by a truck owned by respondent No. 1 M/s. Arjun Das Parmanand.2. The brief facts of the case are that on 28-10-1974 at about 4.30 p.m., Annu -- son of the appellants was going on Hamirpur road in the city of Ranpur on left side kacehi patri when suddenly truck No. UPD 8865 crushed him to death. This truck was rashly and negligently driven as a consequence of which Annu died on the spot. First Information Report was lodged at the police station Juhi, Kanpur by Rameshwar Parsad (P. W. 2), who had seen the boy being crushed. Post mortem examination was conducted by the Chief Medical Officer who found 4 injuries on his body. The cause of death ...
The Collector Vs. Ratan Shanker Prasad
Court: Allahabad
Decided on: Aug-02-1984
Reported in: AIR1984All330
B.D. Agarwal, J.1. Land comprised in plot No. 442/1 covering the area of .48 acre (corresponding to sixteen Biswas) situate in village Shivapurwa Pargana Dehat Amanat, district Varanasi, was acquired by the State Government for extension of the office of the Nagar Mahapalika, Varanasi. The notification under Section 4(1) of the Land Acquisition Act was issued on January 6, 1965, and published in the Gazette dated May 16, 1965. This was followed by notification dated June 23, 1966. The Land Acquisition Officer gave his award dated June 20, 1970, which was modified on September 21, 1971. Possession was taken on September 21, 1971. A sum of Rs. 10,511.04 P. was awarded as compensation in this award. The respondent laid claim to Rs. 80,000/-as compensation. He did not accept theaward and applied for reference to the District Court under Section 18 of the Act. Upon reference the learned II Additional Civil Judge, Varanasi, assessed the market value at Rs. 32,000/- calculated at the rate of ...
Bishambhar Dayal (Deceased by L.Rs.) and ors. Vs. Vishwanath Agarwal
Court: Allahabad
Decided on: Aug-01-1984
Reported in: AIR1985All12
B.D. Agrawal, J.1. This appeal is directed against the judgment and decree of the Additional District Judge, Gorakhpur dated May 31, 1973.2. The suit giving rise to this appeal was instituted on Sept. 17, 1968 by the respondent for the recovery of a sum of Rs. 12,500/- only with the allegations that on Sept. 18, 1965 the plaintiff advanced loan of Rs. 11020/- only to the defendants who agreed to repay the same with interest. On the same day the defendants 1 and 3 executed a promissory note and the accompanying receipt evidencing the loan in favour of the plaintiff. The defendant No 2 was also a member of the joint Hindu family but he could not sign the promissory note or the receipt. The amount accrued due is thus stated to be Rs. 12,500/- including interest. In defence, it was denied that the plaintiff had advanced loan of Rs. 11020/- on Sept. 18, 1965 as alleged by him or that the defendants agreed to pay interest on any such loan. The parties, it was averred, had been doing business...
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