Allahabad Court April 1985 Judgments
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Dr. Satish Kumar Agarwal and ors. Vs. the Principal and Chief Superint ...
Court: Allahabad
Decided on: Apr-17-1985
Reported in: AIR1985All306
K.N. Singh, J. 1. By means of this petition under Article 226 of the Constitution, the petitioners, who are four in number, have claimed relief for the issue of a writ of certiorari quashing the order of the Principal, S. N. Medical College, Agra, dt. 6-6-1981 expelling the petitioners from the College and debarring them from appearing in subsequent examinations and also for quashing the order dated 6-6-1981 terminating the services of petitioners Nos. 3 and 4. 2. All the four petitioners were postgraduate students of S. N. Medical College, Agra. affiliated to the University of Agra. Dr. Satish Kumar Agarwal, petitioner No. 1 completed his M.B.B.S. Examination and thereafter he was carrying on his study for Diploma Course in Tuberculosis and Chest Diseases (D.T.C.D.). Dr. Ashok Kumar petitioner No. 2, was Post-Graduate student for M.D. Dr. Pradeep Kumar Srivastava and Dr. Rakesh Garg both were students for Master of Surgery. They were also employed as Demonstrator in Anatomy and Social...
Raghib Nasim and anr. Vs. Naseem Ahmad and ors.
Court: Allahabad
Decided on: Apr-17-1985
Reported in: [1986]60CompCas561(All)
K.C. Agarwal, J.1. These two first appeals from order have been preferred under Section 110D of the Motor Vehicles Act, 1939. Appeal No. 490 has been filed by the New India Assurance Co. Ltd., whereas Appeal No. 576 has been preferred by Raghib Nasim and Smt. Zaheet Fatima, who were the owners of bus No. USP-2788. By the judgment impugned in these appeals, the Motor Accidents Claims Tribunal, Muzaffarnagar (hereinafter referred to as ' the Claims Tribunal'), allowed the claim of respondents Nos. 1 to 9, who are the claimants, and awarded a sum of Rs, 22,275 ascompensation along with interest at 6 per cent. per annum from the date of giving of the judgment up to the date of payment.2. The .claim of respondents Nos. 1 to 9 was that Fazal Haq, father of respondents Nos. 1 to 8 and husband of respondent No. 9, was travelling by private bus No. USP-2788 on August 15, 1977, when at about 8-30 a.m. ' near the block office of village Baghra, Police Station Titavi, district Muzaffarnagar, it co...
Raghib Nasim and anr. Vs. Naseem Ahmed and ors.
Court: Allahabad
Decided on: Apr-17-1985
Reported in: 2(1985)ACC233
R.C, Agrawal, J.1. These two First Appeals From Order have been preferred Under Section 110-D of the Motor Vehicles Act. Appeal No. 490 has been filed by the New India Assurance Company Limited, whereas Appeal No. 576 has been preferred by Raghib Nasim and Smt. Zaheet Fatima, who were the owners of Bus No. USP-2788. By the judgment impugned in these appeals, the Motor Accidents Claims Tribunals, Muzaffarnagar, (hereinafter reterred to as the 'Claims Tribunal'), allowed the claim of Respondents Nos. 1 to 9, who are the claimants, and awarded a sum of Rs. 22,275/- as compensation along with interest @ 6% per annum from the date of giving of the judgment upto the date of payment.2. The claim of Respondents 1 to 9 was that Fazal Haq, father of Respondents 1 to 8 and husband of Respondent 9, was traveling by private Bus No. USP-2788 on 15-8-1977, when at about 8.30 A.M. near the block Office of village Baghra, Police Station Titavi, district Muzaffarnagar, it collided with Bus No. HRM-7370 ...
U.P. State Road Transport Corporation Vs. Savitri Singh and anr.
Court: Allahabad
Decided on: Apr-17-1985
Reported in: 2(1985)ACC533
K.C. Agrawal, J.1. U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) has filed this appeal Under Section 110-D of the Motor Vehicles Act against the judgment of the the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) dated 14-7-1978 in respect of the death of Avdhesh Singh on 26th February, 1976 at about 8.30 A.M., near Lal Imli gate on Mall Road, Kanpur, with a city Bus. The respondents, who are the heirs and legal representatives of the deceased Avdhesh Singh, filed Motor Claim Petition No. 24 of 1976. The respondents claimed that the deceased, while proceeding on the cycle to his School, where he was employed, on the 26th February, 1976 to attend his duty, was hit from behind by the Bus belonging to the Corporation as a result of it he was thrown under the wheels of the back side and was crushed. He instantaneously died. The respondents claimed that he left behind his widow Smt. Savitri Devi, his three daughters. At the time...
Smt. Gayatri Devi Vs. Om Prakash Gautam and ors.
Court: Allahabad
Decided on: Apr-16-1985
Reported in: AIR1985All356
ORDERB.D. Agrawal, J. 1. The petitions under Article 226 of the Constitution are directed against an order of the IV Additional District Judge, Agra, dt. 19th Feb. 1981. 2. On Dec. 17, 1970, Om Prakash Gautam (hereinafter referred to as the 'petitioner')applied to the Nagar Mahapalika, Agra, for grant of lease in respect of 550 square yards of land under the Jaipur House Residential Colony Scheme. A sum of Rs. 5,500/- was also deposited by him on the same date. Resolution was passed in April/May, 1971, by the Executive Committee, Nagar Mahapalika, allotting plot No. 169 to the petitioner. The balance of the required amount for the grant of lease, however remained undeposited until Sept. 30, 1972. The petitioner contends that he was not informed of the allotment; the respondents maintained that information had been duly given in writing to his address. On 20th May, 1972, there was a general decision taken by the Executive Committee concerning such defaulters that time to deposit the bal...
State of U. P. Vs. Ram Sahai and ors.
Court: Allahabad
Decided on: Apr-16-1985
Reported in: 1986CriLJ197
I.P. Singh, J.1. Crl. Appeal No. 1412 of 1477 has been preferred by Shankar, Ram Sahai and Sukha convict-appellants, while Crl. Appeal No. 1413 of 1977 has' been filed by Rajju convict-appellant against the judgment and order of Sri N.N. Sharma, the then Sessions Judge, Moradabad dated 17-6-1977 passed in S.T.N. 791 of 1976: State v. Rajju and three others, convicting and sentencing each of the three appellants of Crl. Appeal No. 1412 of 1977 under.Sections 323/34, I.P.G to one year R. I.; and convicting and sentencing Rajju, appellant, of Crl. Appeal No. 1413 of 1977 under Section 302 I.P.C. to imprisonment for life and under Section 323/34, I.P.C. to one year R.I.2. Since the learned Sessions Judge acquitted Ram Sahai Shankar and Sukha of the charge under Section 302 read with Section 34, I.P.C, so the State Government filed Govt. Appeal No. 2237 of 1977 with the prayer that on the facts and circumstances of the case, they also be convicted and sentenced under those sections.3. The p...
Mohammad Hanif Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-11-1985
Reported in: [1986]61STC207(All)
Anshuman Singh, J.1. This revision has been preferred by the assessee against the judgment dated 17th October, 1984, passed by the Sales Tax Tribunal, Aligarh, relating to the assessment year 1977-78.2. The disclosed turnover of the assessee was rejected by the assessing authority and best judgment assessment was passed. First appeal filed by the assessee before the Assistant Commissioner (Judicial) failed. The assessee feeling further dissatisfied preferred a second appeal before the Tribunal and that too was dismissed. The assessee feeling further dissatisfied has come to this Court in the instant revision.3. The learned counsel for the assessee has not been able to challenge the findings regarding the rejection of the books of account and has also not been able to point out anything in the fixation of turnover. However, he argued that the imposition of tax was not justified on the assessee inasmuch as on the purchases made by him the tax had already been paid. He contended that the ...
Sheo Prasad Tewari Vs. District Judge, Fatehpur and ors.
Court: Allahabad
Decided on: Apr-10-1985
Reported in: AIR1985All354; [1987]62CompCas536(All)
ORDERB.D. Agrawal, J.1. Heard learned counsel for the parties.2. An accident took place on 19-10-1982 involving a Bus owned by the petitioner and leading to the death of Ajaipal Singh, the husband of respondent 3. A claim petition was filed by the respondent 3 before Motor Vehicles Accident Claims Tribunal (District judge, Fatehpur). This proceeded ex parte since the petitioner, who alone was impleaded as the opposite party to the claim petition, did not put in appearance. The award was given on 29-8-1983 giving a sum of Rs. 31,000/- to respondent 3. When the award was sought to be enforccd, the petitioner put in an application to the effect that the amount be recovered from New India Assurance Co. Ltd. Respondent 2, on the plea that the Bus in question stood insured with respondent 2 on the relevant date. This plea was rejected by the Tribunal summarily under the impugned order dt. 15-2-1984 with the observation that it appears that the Insurance Policy relied by the petitioner was fo...
Commissioner of Sales Tax Vs. Abdul Salam
Court: Allahabad
Decided on: Apr-10-1985
Reported in: [1986]61STC356(All)
Anshuman Singh, J.1. This revision has been preferred by the Commissioner of Sales Tax, U.P., against the judgment dated 29th September, 1984, passed by the Sales Tax Tribunal, U.P., Allahabad Bench, Allahabad, relating to assessment year 1975-76 in respect of an order passed under Section 13-A of the U.P. Sales Tax Act (hereinafter referred to as the Act).2. It appears that an appeal was filed by the Commissioner of Sales Tax against the judgment dated 13th January, 1982, passed by the first appellate authority before the Tribunal which dismissed the same by the impugned order on the ground that there was non-compliance of Rule 66(5) of the Rules framed under the Act.3. I have heard the learned standing counsel appearing for the department and the assessee is not represented through any counsel. Rule 66(6) provides that 'the memorandum of appeal under Section 10 shall be accompanied with a certified copy of the order appealed against and three true copies each thereof'. The original c...
Ashok Traders Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-10-1985
Reported in: [1986]61STC204(All)
Anshuman Singh, J.1. This revision has been preferred by the assessee against the judgment dated 22nd August, 1984, passed by the Sales Tax Tribunal, Faizabad, relating to the assessment year 1978-79.2. The assessee was carrying on the business of grain and oil-seed in the relevant assessment year. Its books of account were rejected by the assessing authority and best judgment assessment was passed. In the first appeal filed by the assessee the rejection of books of account was maintained but the turnover was reduced. The revenue as well as the assessee being aggrieved filed appeals before the Tribunal and both the appeals were dismissed by the impugned order.3. The learned counsel for the assessee contended that the grounds on which the books of account have been rejected were not valid and relevant grounds on which the books of account could be rejected. He has contended that the Tribunal has mainly rejected the books of account on the basis of survey dated 23rd December, 1978. It ha...
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