Allahabad Court September 1984 Judgments
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Commissioner, Sales Tax Vs. Saraswati Press
Court: Allahabad
Decided on: Sep-24-1984
Reported in: [1985]58STC327(All)
Om Prakash, J. 1. This is a revision by the Revenue relating to the assessment year 1977-78, against the Tribunal's order dated 30th April, 1983.2. The assessee carried on a printing press. It printed bill books as per the requirement of customers on its own paper, purchased from within U. P., which was exempt for the purposes of sales tax. The assessee raised a consolidated bill for the price of paper and for printing charges. The question arose whether the parties entered into any agreement of sale and whether the amount received in the bill books by the assessee from the customers was liable to be included in the turnover. The assessing officer took the view that there was contract Of sale, and therefore, the sale proceeds of the printed material were to be included in the turnover. The Tribunal on appeal, however, took the view that there was no contract of sale but only a contract of works and labour, and therefore, the printing charges received by the assessee could not be includ...
Smt. Krishna Kumari Gupta and ors. Vs. Gur Buxeesh Singh and ors.
Court: Allahabad
Decided on: Sep-20-1984
Reported in: AIR1985All85
A. Banerji, J.1. This is an appeal by the claimants. The Motor Accidents Claims Tribunal, Dehradun, allowed the petition of the claimants under Section 110-A of the Motor Vehicles Act, 1939, partly and awarded a sum of Rs. 30,000/- as compeasatioa The claimants had valued their claim petition at Rs. 1,00,000/-They have now prayed for a further sum of Rs. 70,000/- in this appeal.2. Sri Vinod Kumar Gupta, an employee in Controller of Defence Accounts office, was going to his office on the 24th April, 1975. He was on Rajpur Road at about 1.45 P.M. when a Car No, PMT 4886 coming from the opposite side knocked him down. He died on the spot The claimants are Smt Krishna Kumari, mother of the deceased, Smt Meena Rani Gupta, widow of the deceased and Km Bittoo aged about 41/2 years (in 1977) a daughter of the deceased.3. There are four respondents viz, Gur Baxeesh Singh, Sardarni Kripal Kaur, who were arrayed as the owners, Har Charan Singh, the driver of the Car and National Insurance Co. as ...
Krishna Kumari Gupta and ors. Vs. Gurubux Singh and ors.
Court: Allahabad
Decided on: Sep-20-1984
Reported in: 1(1985)ACC68
A. Benerji, J. 1. This is an appeal by the claimants. The Motor Accidents Claims Tribunal, Dehradun, allowed the petition of the claimants under Section 110-A of the Motor Vehicles Act, 1939, partly and awarded a sum of Rs. 30,000/- as compensation. The claimants had valued their claim petition at Rs. 1,00,000/-. They have now prayed for a further sum of Rs. 70,000/- in this appeal.2. Shri Vinod Kumar Gupta, an employee in Controller of Defence Accounts office, was going to his office on the 24th April, 1975. He was on Rajpur Road at about 1.45 P.M. when a Car No. PMT 4886 coming from the opposite side knocked him down. He died on the spot. The claimants are Smt. Krishna Kumari, mother of the deceased Smt. Meena Rani Gupta, widow of the deceased and Km. Bittoo aged about 41/2 years (in 1977) a daughter of the deceased.3. There are four respondents viz, Gur Baxeesh Singh, Sardarni Kirpal Kaur, who were arrayed as the owners, Har Charan Singh. The driver of the Car and M/s National Insur...
Prabhat NaraIn Mehrotra Vs. State of U.P.
Court: Allahabad
Decided on: Sep-19-1984
Reported in: 1985CriLJ63
V.P. Mathur, J.1. This appeal was directed against the order passed by Sri D.P. Srivastava, VIIIth Additional Sessions Judge, Bareilly, on 24-11-1978. The learned Judge was trying a special case and as a result of his assessment of the evidence he convicted the appellant on the charges under Sections 5(l)(d) and 5(2) of the Prevention of Corruption Act and sentenced him to one year's R. I. and a fine of Rs. 500/- and in default of payment of fine three months further R. I. was awarded.2. When the record of this case was sent for, a report was received that it had been destroyed as a result of fire and was not available. Then order was passed by this Court on 29-7-1983 directing the Sessions Judge Bareilly to reconstruct the record and send the same to this Court and if that was not possible then to send a report to that effect. The learned Sessions Judge has reported that reconstruction is not possible. Under these circumstances the case came up for hearing before me.3. The legal posit...
New India Insurance Company Vs. Vindhwasni Devi @ Maya Devi and ors.
Court: Allahabad
Decided on: Sep-19-1984
Reported in: 1(1985)ACC421
A. Banerji, J.1. This first appeal from order is directed under Section 110-D of the Motor Vehicles Act by the insurer M/s New India Insurance Company, Head Office Bombay, Branch office Kanpur, against the decision of the Motor Accidents Claims Tribunal (IInd Additional District Judge, Farrukhabad dated 1st October 1977. The claim of Smt. Vindhwasni Devi-respondent No. 1 and her two minor sons namely Shiv Kumar Katiyar and Ashock Kumar Katiyar was decreed in part and she was awarded an amount of Rs. 23318/- as compensation for her and her two sons. Out of this amount, Rs. 20,00/- was made payable the insurer and the balance was made payable by Tara Singh-respondent No. 2 (driver) and by Gurcharan Singh-respondent No. 3 (owner). Respondent No. 1-claimant Smt. Vindhwasni Devi was also allowed proportionate costs of the petition.2. Deceased Pratap Narain Katiyar, husband of the claimant Smt. Vindhwasni Devi and father of two minor sons Shiv Kumar and Ashok Kumar Katiyar met with an accide...
Union of India (Uoi) Vs. Janki Prasad Agarwal
Court: Allahabad
Decided on: Sep-17-1984
Reported in: AIR1986All15
A.N. Dikshita, J. 1. The instantappeal under S, 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act) has been preferred against the judgment and order dated 20-7-1978 passed by Sri S. B. Misra, Civil Judge, Jhansi decreeing the plaintiff-respondent's suit No, 41 of 1977 titled as Janki Prasad Agarwal v. Union of India. 2. Tenders for the sale of coal ash on running contract basis by 'Stock measurement' and on 'lump sum' for the Jhansi 'traffic area' for the period of one year were invited in the month of Jan. 1975 by the Divisional Engineer, Central Railway Jhansi (South). This period of one year was to be reckoned from the date of execution of the agreement The tenderers to the offer were required to deposit Rs. 2500/- as security money along with the tenders which were to be opened on 29-1-1975.3. Sri Janki Prasad Agarwal plaintiff respondent (hereinafter referred to as the respondent) submitted his tender and his offer was accepted by Divisional Superintendent (W) on...
Commissioner of Income-tax Vs. Dev Jaimehi Ice and Cold Storage
Court: Allahabad
Decided on: Sep-14-1984
Reported in: [1985]156ITR825(All)
1. The assessee (opposite party), registered firm, completed construction of a cold storage. During the assessment year 1978-79, it claimed depreciation on the fibre glass utilised in the construction of the cold storage plant. Even though in the assessment proceedings, this claim was made by the opposite party, it was not considered. Consequently, the opposite party made an application under Section 154 of the Income-tax Act (hereinafter referred to as 'the Act'). The Income-tax Officer allowed depreciation on the fibre glass at the rate of 5% treating it as a part of the building. The appeal filed by the opposite party against the order of the Income-tax Officer was allowed by the Appellate Assistant Commissioner. He took the view that the cold storage construction is a specialised construction where the plant consists of a freezing chamber which is made by a special process. The fibre glass used in the construction of a freezing chamber cannot be separated from the plant or machiner...
Oriental Fire and General Insurance Co. Ltd. and anr. Vs. Chameli Devi
Court: Allahabad
Decided on: Sep-14-1984
Reported in: 1(1985)ACC33
B.D. Agarwal, J. 1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award of the Motor Vehicles Accident Claims Tribunal (I Additional District Judge), Varanasi dated 20-3-1978.2. The accident in question occurred on 1-12-1975. Mool Chand, the deceased was on cycle being on way back from Maduadih towards Varanasi city. Truck No. UTD 1256, belongs to M/s. Roshan Transport and Forwarding Agency, Varanasi (appellant No. 2). On account of the truck having dashed against Mool Chand, the latter severely and injured and died instantaneously. The claim for compensation was laid by the respondent in the capacity as the wife of Mool Chand, deceased, contending that the accident occurred due to rash and negligent act of the driver of the truck. The claim was resisted by the appellants, who refuted that the accident took place due to any rashness or negligence on the part of the driver and pleaded also that the amount of compensation namely, Rs. 86,850/- cla...
U.P. State Transport Corporation Vs. Abdul Hameed
Court: Allahabad
Decided on: Sep-14-1984
Reported in: 1(1985)ACC425
B.D. Agrawal, J.1. These connected appeals under Section 30(1) of the Workmen's Compensation Act, 1923 (for short the 'Act') are directed against an order of the Commissioner dated August 23, 1977.2. Abdul Hameed was a workman under the employment of the U.P. State Road Transport Corporation (hereinafter referred to as the 'Corporation) during the relevant period. On March 29, 1975, he was driving the bus No. USR 9194 carrying passengers from Nainital to Haldwani. Due to a sudden failure of the brake the bus met with an accident resulting in grievous injuries to Abdul Hameed, the driver. Medical examination took place the same day and later the Medical Board declared him absolutely unfit to continue in employment. As a result he was retired with effect from September 9, 1975. After giving notice to the Commissioner as required under Section 10(1) of the Act, Abdul Hameed preferred the claim for compensation before the Commissioner on March 26, 1977. The Commissioner found that Abdul Ha...
The Hindustan Construction Company Ltd., Bombay Vs. State of Uttar Pra ...
Court: Allahabad
Decided on: Sep-12-1984
Reported in: AIR1985All93
A. Banerji, J.1. These two First Appeals from Orders raise identical questions of law and can, therefore, be conveniently decided by a common order.2. First Appeal from Order No. 445 of 1977 arises out of a decision dated 5-7-1977 in Civil Miscellaneous Case No. 184 of 1976 between State of Uttar Pradesh v. The Hindustan Construction Company Limited of Bombay (hereinafter referred to as the 'Company').3. The Company entered into an agreement for construction of Civil Works on Yamuna Hydel Project, Stage II, Part I. The Company undertook the construction of diversion across river Tons at Ichari, intake works, head race tunnel, surge tank underground power house at Chibro with its appurtenant works, exit works at Chibro and a Syphon tunnel below river Tons at Chibro. The contract was executed on 5-2-1966. One of the stipulations in the contract was that certain materials were to be furnished by the Government Para 12.05(c) related to the supply of steel It stated :'Steel-- Government wil...
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