Allahabad Court January 1985 Judgments
Anand Kumar Dwivedi Vs. Director, Allahabad Agricultural Institute, Na ...
Court: Allahabad
Decided on: Jan-31-1985
Reported in: AIR1986All150
O.P. Saxena, J.1. By this petition under Article 226 of the Constitution, thepetitioner has prayed for a writ of mandamus directing the respondents to admit him in M.Sc. (Ag) course of the Allahabad Agricultural Institute, Naini, Allahabad.2. The petitioner joined the B.Sc. (Ag) course of the Allahabad Agricultural Institute and passed the examination in I Division. He applied for admission to M.Sc. (Ag) Agronomy. The petitioner appeared in the Entrance test examination held by the institute but could not qualify. He was consequently not admitted. The petitioner's grievance is that out of 96 seats, only 73 candidates have been admitted in the M.Sc. (Ag) course and a number of seats are lying vacant. The petitioner prays for admission on the ground that he is an old student of the institute. The petitioner also challenges the validity of the Entrance test conducted by the institute.3. The respondents have contested the petition with the allegations that the petitioner did not qualify in...
Tag this Judgment!Padam Chand Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jan-31-1985
Reported in: [1986]62STC195(All)
Anshuman Singh, J.1. This revision has been filed by the assessee under Section 11(1) of the U.P. Sales Tax Act (hereinafter referred to as the Act) against the order passed by the Sales Tax Tribunal, Aligarh, dated 28th August, 1984, relating to the assessment year 1981-82.2. The assessee carries on the business of bhang and is a licensed dealer. The assessee had not maintained any cash book or ledger as according to it most of the sales of bhang were below Rs. 5 and it disclosed its sales at Rs. 1,222.80. However, the Sales Tax Officer enhanced the turnover of the assessee and did not accept the disclosed turnover of the assessee and estimated the total turnover at Rs. 65,000 and imposed Rs. 7,800 as sales tax. The assessee feeling aggrieved against the aforesaid order preferred an appeal before the Assistant Commissioner (Judicial) and the Assistant Commissioner (Judicial) confirmed the order of the assessing authority. The assessee feeling aggrieved filed a second appeal before the...
Tag this Judgment!Gajraj Singh and ors. Vs. Narayani and ors.
Court: Allahabad
Decided on: Jan-31-1985
Reported in: 2(1985)ACC331
K.C. Agarwal J.1. This is an appeal against the award dated 19-12-1977 of Claims Tribunal, Bareilly awarding a sum of Rs. 58,000/- as compensation to Smt. Narayani and her two minor sons Satyandra and Navin Kumar respondents No. 1 to 3.2. The case of the petitioners was that Amarnath Singh was Hawaldar Instructor in the Education Courts of the Indian Army at Bareilly. He and Lans Naik Kedar Dutt were coming on their bicycles on 28-7-1973 at about 7.00 A.M. on Breilly Shahjahanpur road to their Army quarters after their morning parade. When they reached near the crossing in front of Jat Centre, a Truck No. D.H.G. 865 cime at a high speed from the side of Shahjahanpur and while Amar Nath Singh in order to go to Army Quarter was crossing the road it struck against him without blowing any horn and crushed him to death on the spot. Bicycle of Amarnath Singh was also crushed by the truck. The truck did not stop and it went away towards Bareilly city. The petitioners, therefore, claimed compe...
Tag this Judgment!Sri Kant Vs. Bansraj Singh
Court: Allahabad
Decided on: Jan-30-1985
Reported in: AIR1986All5
ORDERN.N. Sharma, J. 1. Both these revisions are being disposed of by this common order as these involve common question of law based on similar facts. Revision No. 602 of 1984 is directed against the order D/- 4-9-1984 recorded by Addl. Civil Judge, Bulandshahrin Execution Case No. 12 of 1984 arising out of original suit No. 83 of 1933.2. Civil Revision No. 603 of 1984 is directed against the order D/- 4-9-84 (of the same date) recorded by the same Judge in Execution case No. 13 of 1984. Objections preferred by judgment-debtor-revisionists were repelled by the impugned order drawn by learned Addl. Civil Judge, Bulandshahr. Both these execution cases arose out of Original suit No. 83 of 1933.3. Suit No. 83 of 1933 was filed by predecessor in interest Thakur Basdeo Sahai, Thakur Gurdit Singh, Thakur Karan Singh and Thakur Ganpat Singh claiming relief of possession over the property in suit and a decree for mesne profits. List of the property as well as the reliefs sought against various...
Tag this Judgment!Gorey Lal Shakya Vs. State
Court: Allahabad
Decided on: Jan-30-1985
Reported in: 1985CriLJ1526
ORDERV.P. Mathur, J.1. These two criminal revisions one on behalf of the State of U. P. and the other on behalf of Sri Gorey Lal, M. L. A., are directed against an order passed by in Prem Singh, II Judicial Magistrate, Etawah on 24-10-1983 in Criminal Case No. 254 of 1981 giving rise to S. T, No. 237 of 1983, whereby the learned Magistrate allegedly rejected the prayer of the Public Prosecutor and refused to accord consent to him for withdrawing from the prosecution of the case. Since both the revisions arise out of one order and the controversy involved is the same, they are being disposed of by this common judgment.2. Briefly stated, the facts of the matter are that a charge sheet was filed in the court of IVth Munsif Magistrate, Etawah, under Sections 332, 333, 353, IPC. read with Section 7 of the Criminal Law Amendment Act, against Sri Gorey Lal, M. L. A. The case was investigated by the CID., which submitted this charge sheet The case started on the basis of the FIR., which was lo...
Tag this Judgment!Ram Prakash Vs. Nirmala Devi and ors.
Court: Allahabad
Decided on: Jan-30-1985
Reported in: 2(1985)ACC302
K.C. Aggarwal, J.1. These two connected appeals have been filed Under Section 110-D of the Motor Vehicles Act, against the judgment and award of the Tribunal, dated 9-1-1978, partly allowing the claims petition Nos. 8 and 18 of 1976.2. Both of these petitions are in respect of the same accident which occurred on 12th October 1975 at about 1.20 p.m. on Bhagat Singh Marg 'X' Block. Govind Nagar, Kanpur resulting in the death of Devendra Kumar and Ram Niwas.3. Claim petition no. 8 has been preferred by Nirmala Devi, Sunil Kumar, Pradeep Kumar, Kumari Reeti and Kumari Geeta. They filed this petition as the heirs and legal representatives of the deceased Devendra Kumar.4. Claim petition No. 18 of 1976 has been preferred in respect of the accident resulting in the death of Ram Niwas, by his heirs and legal representatives who were as follows:1. Smt. Bhagwan Devi, (mother).2. Smt. Pushpa Devi (widow) since deceased,3. Manoj (son),4. Kumari Manjoo, and5. Kumari Sanjoo, daughters.5. The claim p...
Tag this Judgment!Hira Singh and anr. Vs. Budh Singh and ors.
Court: Allahabad
Decided on: Jan-29-1985
Reported in: AIR1985All259
N.N. Sharma, J.1. This is an appeal by defendants Hira Singh and Suraj Singh, the alleged vendees from defendant 3 Ram Ratan. Plaintiffs Budh Singh, Gaya Din and Prabhu Dayal were impleaded as respondents.2. The appeal is directed against judgment and decree dt. 19-2-1974 recorded by Sri B. N. Srivastava, learned 1st Temporary Civil & Sessions Judge, Jhansi who dismissed Civil Appeal No. 57 of 1973 with costs and affirmed the judgment and decree of Sri Jag Mohan Paliwal, learned Munsif, Jhansi dt. 8-1-1973 in Original Suit No. 36 of 1967 by which learned Munsif had decreed the suit holding that plaintiff No. 2 Gaya Din was entitled to get Rs. 667/- from defendant 3 Ram Ratan. Plaintiff 1, viz. Budh Singh shall have a right to obtain registration of impugned sale deed dt. 16-8-1966 executed by defendant 3 Ram Ratan, on payment of Rs. 1334/- by him to defendant 3 Ram Ratan. It was further held that Budh Singh shall be entitled to get possession over the disputed plots from appellants : v...
Tag this Judgment!Ram Swaroop Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Jan-29-1985
Reported in: [1985]156ITR677(All)
N.D. Ojha, J. 1. In pursuance of the direction of this court dated October 4, 1976, in Wealth-tax Application No. 733 of 1976 made under Section 27(3) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has made this reference for the assessment years 1967-68 to 1965, 70.2. Sri R.K. Gulati, counsellor the applicant, has made a statement before us that since an application under Section 18B of the Act made by theapplicant before the Commissioner of Wealth-tax in respect of the assessment year 1969-70 has already been allowed, this reference as regards theassessment year 1969-70 is not pressed. In this view of the matter, thisreference is being considered in regard to the assessment years 1967-68and 1968-69 only. The assessee-applicant is an individual. The valuation date is 31st of March of each year. The assessee-applicant submitted his returns pertaining to these two years on July 2, 1970, even thoughthe re...
Tag this Judgment!Ferzand Ali and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-24-1985
Reported in: 1985CriLJ1248
M. Wahajuddin, J.1. Accused Farzand has been convicted by the then Sessions Judge, Moradabad, under Sections 302 and 307 read with Section 34, I.P.C., and has been sentenced to imprisonment for life and five years' R. I. respectively; both of these sentences to run concurrently. Accused Habib has been convicted under Sections 307 and 302 read with Section 34, I.P.C., and has been awarded the same sentences on the two counts. There was one more accused person, namely, Kabir Raza, facing the trial and he was acquitted. We may at the very outset observe that so far as Habib is concerned, he has died so his appeal has abated and we are now concerned with the appeal of only Farzand.2. The prosecution case in brief is that in the Magh preceding the occurrence Husain Bux's she buffalo was stolen and he had lodged a report (Ext. Ka. 14) against Habib and some others under Section 380, I.P.C., on 14-2-1975 and Habib was convicted. Thereafter he and his relations bore ill-will towards Hussin Bux...
Tag this Judgment!Bata India Limited Vs. Pyare Lal and Co., Meerut City and ors.
Court: Allahabad
Decided on: Jan-23-1985
Reported in: AIR1985All242
A. Banerji, J. 1. This appeal has been filed by plaintiff-appellant Bata India Limited, against an order dt. 24th Dec. 1983 passed by 1st Additional District Judge, Meerut, refusing the prayer for the grant of a temporary injunction against the defendant-respondents in a 'passing off action brought by Bata India Limited. 2. Bata India Limited, hereinafter referred to as 'the plaintiff Company' filed a suit No. 56 of 1983 in the court of District Judge, Meerut against the defendant respondents with the prayer that their servants, employees and agents be restrained from using the mark 'Batafoam' or otherwise associating the name of 'Bata' in any manner or form in advertisements etc. and further restraining them from 'passing off or enabling others to pass off mattresses, sofas, cushion and other articles as and for the plaintiff Company's goods and from selling or offering for sale any articles associating them with the name of 'Bata' in any manner or form. Their further prayer was that ...
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