Allahabad Court April 1985 Judgments
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Shridhar Tiwari Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Apr-10-1985
Reported in: 2(1986)ACC393
A.N. Varma, J.1. This is a claimaint's appeal against an order passed by the Motor Accident Claims Tribunal Mainpuri dismissing his claim for compensation under the Motor Vehicles Act.2. The claim petition was founded on these allegations. On 31st August, 1975 the claimant was travelling in a Roadways Bus No. UPG 5197 from Bewar to Bhogaon. Between 5 to 6 P.M. the Bus reached village Pratappur on its way to Bhogaon when it met with an accident involving another Roadways Bus No. USA 8037 coming from the opposite direction. As a result the front portion of the other Bus hit the rear portion of the Bus in which the claimant was travelling. As a consequence of the impact the claimant was injured resulting in double fracture of his left forearm and his spectacles and wrist watch were also damaged. He suffered sereve mental shock and had to undergo treatment lasting three months at the District Hospital, Mainpuri. A sum of Rs. 2000/- was spent on the treatment. The claimant was a Kurk Amin i...
Sheo Prasad Tiwari Vs. District Judge and M.A.C.T. Fatehpur and ors.
Court: Allahabad
Decided on: Apr-10-1985
Reported in: II(1987)ACC492
B.D. Agarwal, J.1. This plea was rejected by the Tribunal summarily under the impugned order dated 15th February, 1984 with the observation that it appears that the insurance policy relied by the petitioner was for the period of June 5, 1982 to June 4, 1983 (sic.) and that did not cover the date when the accident took place. Aggrieved against this rejection, the petitioner has approached this Court.3. Learned Counsel for the petitioner has referred to the insurance policy issued to him by respondent No 2 covering the period June 5, 1982 to June 4, 1983. It has been submitted that subsequently this policy was renewed on June 1, 1983 for the period subsequent thereto. It seems the attention of the Tribunal was not drawn to the insurance policy which covers the period when the accident took place, viz. 19th October, 1982 and was also renewed. There being the policy intact for the period 5th June, 1982 to 4th June, 1983 it cannot be said that there was no Insurance for the relevant period....
Budh Singh and ors. Vs. 8th Additional District Judge, Meerut and ors.
Court: Allahabad
Decided on: Apr-05-1985
Reported in: AIR1986All49
ORDERB.D. Agrawal, J. 1. Heard counsel.2. The sole decree-holder died on Feb. 22, 1979. The legal representatives of the deceased decree-holder made an application on Sept. 8, 1983, for being permitted to proceed with the execution which had been filed and registered in the year 1969. For the petitioners it is contended that in the absence of provision for limitation in respect of such application contained in Order 22, Civil Procedure Code, Article 137 of the Schedule to the Limitation Act, 1963, should be taken as applicable and hence the application by the legal representatives could be made only within three years and not beyond the same. I am unable to agree.3. Upon reference to Order 22, Rule 12, C.P.C. it will appear that according to that provision nothing in Rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order. This means, in other words, that in relation to execution, the legal representatives are not called upon to seek substitution upon the death of...
Ram Govind Misra Vs. Allahabad theaters (P.) Ltd. and ors.
Court: Allahabad
Decided on: Apr-04-1985
Reported in: [1989]66CompCas358(All)
H.N. Seth, J. 1. Sri Ram Govind Misra, claiming himself to be a contributory of the compay, known as Allahabad Theatres Pvt. Ltd., has filed this petition praying for the winding up of the company. The petitioner claims that the company has suspended its business and has become commercially insolvent. Neither has the company held its annual general meetings, nor has it filed its annual returns with the Registrar of Companies. Consequently, it is expedient and in the interest of justice that it should be wound up.2. The petition was admitted on September 30, 1983. The court directed that the notice should be issued to the company and other persons arrayed as respondents in the case. On January 9, 1984, one Shri Bhagwan Das Jaiswal, claiming to be a director of the company, filed a counter-affidavit questioning the right of the petitioner to file the winding up petition and asserting that the petition is mala fide and has been filed for ulterior reasons. He also controverted the other al...
Food Corporation of India Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-03-1985
Reported in: [1987]65STC394(All)
M.N. Shukla, Ag. C.J.1. The assessee, namely, the Food Corporation of India, procures foodgrains for the Central Pool of the Government of India from the cultivators and grain dealers. The procurement price is fixed by the Government of India and after procurement the grain is stored in the godown of the Food Corporation of India and is subsequently distributed through the public distribution system under the orders of the Government of India and the State Government. For the year 1967-68 regular assessment was made on 24th March, 1972, by the assessing officer and the disclosed version of the assessee was accepted. It was taxed on the turnover of purchase as disclosed by it.2. Subsequently, however, a notice under Section 21 of the U.P. Sales Tax Act (hereinafter referred to as the Act) was issued on 28th March, 1972, to the assessee which stated that a part of turnover had escaped assessment. The asses-see put in appearance and on 26th March, 1972 the assessment order was passed. Aga...
U.P. Glass Works (Public) Ltd. Company Vs. Commissioner, Sales Tax and ...
Court: Allahabad
Decided on: Apr-02-1985
Reported in: [1987]66STC46(All)
N.D. Ojha, J.1. Proceedings for recovery of Rs. 1,17,319.67 as sales tax dues including interest, etc., thereon were initiated against the petitioner and a notice dated 20th September, 1984, in this behalf was served on him. A copy of this notice has been attached as annexure 1 to the writ petition. The prayer contained in this writ petition is for quashing of the said notice and for issue of a writ of mandamus directing the respondents to decide the petitioner's claim for refund and interest thereon. The case of the petitioner is that the amount claimed in the impugned notice is erroneous and further that if the amount which the petitioner is entitled to by way of refund is adjusted, it is the petitioner who will be entitled to get some amount and nothing will be payable by it towards the tax liability mentioned in the impugned notice. Counter and rejoinder affidavits have, been filed. All the respondents are represented by the Standing Counsel and there is no private party to be serv...
Commissioner of Sales Tax Vs. Ruchica Enterprises
Court: Allahabad
Decided on: Apr-01-1985
Reported in: [1986]61STC328(All)
Anshuman Singh, J.1. This revision has been preferred by the Commissioner of Sales Tax against the judgment dated 16th February, 1984, passed by the Sales Tax Tribunal, Meerut Bench, Meerut, relating to the assessment year 1970-71.2. The respondent-assessee carried on the business in copper plate electrolytic. judgment assessment was passed. First appeal filed by the assessee succeeded and the matter was remanded back to the assessing authority. On remand the books of account were accepted by the assessing authority. However, copper plate electrolytic were subjected to tax by the Sales Tax Officer at the rate of 0.6 per cent. Feeling aggrieved against the aforesaid order a revision was filed by the Commissioner of Sales Tax which was subsequently converted into a second appeal. The appeal was dismissed and it is this order that has been sought to be challenged in the instant revision.3. Learned standing counsel appearing for the revenue has argued that in view of Notification No. S.T.-...
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