Allahabad Court May 1985 Judgments
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Gajendra Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: May-15-1985
Reported in: 1986CriLJ1576
L.P. Singh, J.1. Gajendra Singh petitioner (hereinafter referred to as the detenu) has filed this writ petition under Article 226 of the Constitution, challenging the validity of the order dt. 27-9-1984, passed by District Magistrate, Gorakhpur, under Section 3(2) of the National Security Act, 1980 ( No. 65 of 1980) hereinafter referred to as the Act detaining the detenu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.2. The detenu had been arrested on 26-9-83, when he was undergoing treatment in a hospital at Gorakhpur. The said detention order was served on him on 27-9-84 in District Jail, Gorakhpur. The grounds of the detention were also served on him along with the detention order. The said grounds are three in number, translated in English they are as follows : --i. That on 22-7-83 in the night at about 12.00, the detenu along with Tikori Singh and Surendra Singh residents of Kalesar, P. S. Sahjanwa, District Gorakhpur, and 6 to ...
inspecting Assistant Vs. S.R. Bhawsinghka
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: May-14-1985
Reported in: (1986)15ITD25(All.)
1. The assessee is an employee of Swadeshi Cotton Mills Co. Ltd., Kanpur. The original assessment in his case was made on 17-3-1977. It appears that subsequent to the above, there was a search at the premises of the above company. In this search, the department found a register of properties sold by the company. The register showed that the company had sold certain plots in a colony called Anandpuri of Kanpur. Some of the plots were sold to general public while others were sold to the assessee's own employees. The present assessee had purchased plot No. 80 on 21-6-1973 at the rate of Rs. 55 per sq. yard.It was further noticed that a similar plot No. 73 of equal area was sold to Dr. Vimla Gupta on 8-8-1973 at the rate of Rs. 80 per sq. yard.The IAC was, therefore, of the view that the assessment had been granted concession at the rate of Rs. 25 per sq. yard by the company.According to him, this concession amounted to 'perquisite' in terms of Section 17(2)(iii)(c) of the Income-tax Act,...
Mahmoodul Hasan Vs. Thamman Singh and ors.
Court: Allahabad
Decided on: May-14-1985
Reported in: AIR1985All334
ORDERV.P. Mathur, J.1. This election petition is mainly directed against the election of Sri Thamman Singh to the U.P. Legislative Assembly for which elections were held on 28th May, 1980. The petitioner was also one of the candidates. The Governor's notification under Section 15(2) was issued in April, 1980. May 2, 1980 was the last date for filing the nomination papers and 5-5-80 was the date for scrutiny and withdrawals, if any. The matter concerns 19, Afzalgarh Constituency in district Bijnor. The counting was held on 3-6-1980 and the results were declared the same day. The total number of votes casts was 72,778. Out of this number, 1,666 votes were declared invalid. The petitioner received 18,521 valid votes. The respondent No. 1 Thamman Singh received 18,818 valid votes and thus he was declared elected with a margin of 297 voles against the petitioner and others. The respondent No. 1 was a candidate for the Bhartiya Janta Party, while the petitioner represented the Congress (I). ...
Udaivir Singh Vs. Smt. Vinod Kumari
Court: Allahabad
Decided on: May-14-1985
Reported in: 1985CriLJ1923
ORDERN.N. Sharma, J.1. This revision is directed against order dated 16-3-1984 recorded by Sri Awadh Behari Shukla, XI Addl. Sessions Judge, Agra who allowed Criminal Revision No. 615 of 1983 and set aside the judgment of IInd Addl. Chief Judicial Magistrate, Agra dated 25-10-1983 in Case No. 40 of 1983, under Section 125, Cr. P.C. by which the petition of opposite party for recovery of maintenance was dismissed.2. Briefly stated prosecution case was that about three years, prior to 21-1-1983 when the petition for recovery of maintenance was filed in the Court of Magistrate concerned, parties were married in accordance with Hindu rites in Naya Nagla Kotali Bagichi, Police station Tajganj, Agra. Dowry worth Rs. 7,500/- was also given in that marriage by father of the respondent. However, revisionist and his family members were dissatisfied with that amount of dowry and mal-treated the respondent and rendered her life miserable during her stay in revisionist's house. They continuously pe...
U.P. State Electricity Board, Lucknow Vs. Ram Barai Prasad and anr.
Court: Allahabad
Decided on: May-13-1985
Reported in: AIR1985All265
A. Banerji, J.1. This is a second appeal by the plaintiff Rambarai Prasad and another. They filed Suit No. 307 of 1981 in the court of Munsif City, Azamgarh for the relief of declaration that the plaintiffs were entitled to the extension of time limit to lift coal ash under the terms of the agreement dated 23-3-1980 until the remaining 226090 cubic feet of coal ash was lifted, and also prayed for a prohibitory injunction restraining the defendant State Electricity Board from interfering with or creating any hindrance in lifting the aforesaid coal ash. The suit was decreed by the trial court and an appeal filed by the appellant State Electricity Board was dismissed with costs by the judgment dated 11th March, 1983 and the judgment and decree of the trial court were confirmed. The plaintiff respondents wore allowed a month's time to remove the remaining quantity of coal ash subject to the payment of price to the appellant as agreed upon under the contract. The appellate court further dir...
Kailash Nath and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-13-1985
Reported in: AIR1985All291
ORDER1. We allow the petitioners two weeks' time from today to file their representations or objections before the District Magistrate, Banda and order the District Magistrate to decide the same within three weeks from the date of filing such representations or objections. It is not necessary to set aside the impugned order and we accordingly dispose of these writ petitions without passing any such formal order. There will be no order as to costs.M.N. Shukla, C.J.These two cases involve important questions interlinked with the daily lives of people, abiding in a civilised society, the executive authorities entrusted with the sovereign duty of maintaining law and order, extending certain privileges to citizens of the State who actuated by a desire to protect themselves may desire to procure arms for themselves, the necessity of regulating and controlling such privileges by rules of law and procedure, and making them liable to be withdrawn, altered or abridged on the non-fulfilment of ce...
Union of India (Uoi) and ors. Vs. Meena Steels Limited and anr.
Court: Allahabad
Decided on: May-08-1985
Reported in: AIR1985All282
B.D. Agarwal, J.1. These connected appeals arise against the orders passed by the II Civil Judge, Kanpur, dt. Jan. 24, 1984 and Feb. 4, 1984, in Original Suit No. 775 of 1983.2. The respondent No. 1 is a registered Company engaged in the manufacture of mild steel ingots at Unnao. On Dec. 15, 1982, there was an agreement in writing entered into between the respondent and the appellants for the purchase of iron scrap required as raw-material to manufacture the ingots. The agreement is signed by the Controller of Stores, N. E. Railway, Gorakhpur, for and on behalf of the President of India. In terms of the agreement the respondent was to take delivery of the goods from the appellants on being intimated of the same and upon failure to take delivery the contract was liable to be cancelled and the security forfeited. On Dec. 11, 1982, the respondent 2 (Grindlays Bank) furnished guarantee for a sum of Rs. 2,45,680/- on behalf of the respondent 1. The validity period of the agreement is Dec. 1...
Om Prakash Agarwal and ors. Vs. the Uttar Pradesh Road Transport Corpo ...
Court: Allahabad
Decided on: May-08-1985
Reported in: 1(1986)ACC528
K.G. Agrawal, J.1. On 31st May, 1975, at about 8.20 P.M., Anil Kumar, the son of the appellants, was travelling in Bus No. UPP 6994 owned by the U.P. State Road Transport Corporation. The aforesaid bus collided with bus No. UPB 7245 belonging to the same respondent. Anil Kumar received grievous injuries. He was declared dead when he was taken to the hospital for treatment. At the time of the accident, Anil Kumar, who was post Graduate Diploma in refrigeration, was working as supervisor in Modi Rubber Ltd., Modipuram Meerut He was getting Rs. 350/- per Month as allowance for apprenticeships. After completing his educational career, he was likely to be absorbed by the Modi Rubber Ltd., in the grade of Rs. 550-1100. On the death of Anil Kumar, the appellants who are father and mother of the deceased respectively, preferred a claim of Rs. 1.00,000/- alleging that the accident occurred because of the negligence of the drivers of both the buses. The appellants claimed that on account of the ...
New India Assurance Co. Ltd. Vs. Dau Dayal and ors.
Court: Allahabad
Decided on: May-07-1985
Reported in: AIR1985All186; [1986]60CompCas518(All)
K.C. Agaewal, J.1. This appeal has been filed by the New India Insurance Co. Ltd., against the award of the Motor Accidents Claims Tribunal dated December 23, 1977, awarding Rs. 39,000 to the respondents, out of which Rs. 33,440 would be payable by the insurance company and the remaining amount of Rs. 5,560 by the the respondents, Radhey Lal Agarwal and Kashi Prasad, the owners of the truck.2. In this appeal, since the only question is about the defence which is open to an insurer under Section 96(2) of the Motor Vehicles Act, detailed facts are not necessary to be mentioned. It would be sufficient to state that on May 29, 1972, an accident occurred with truck .No. MPA 6521 in which two persons, namely, Rajendra Prasad and Vijai Kumar, died. Rajendra Prasad was driving the scooter and Vijai Kumar was sitting on the back seat. The scooter was coming from city side and was going towards Sadar Bazar. In the meantime, the truck aforesaid, driven by Mohammad Iliyas Ahmed appeared on the sce...
Vishwa Nath Singh Vs. Gopal Krishna Singhal
Court: Allahabad
Decided on: May-06-1985
Reported in: AIR1987All13
ORDERK.N. Misra, J.1. A suit for ejectment, arrears of rent and damages was filed by the landlord plaintiff-opposite party Gopal Krishna Singhal against the tenant Vishwanath Singh in respect of house No. C-1014, MIG. Ram Sagar Misfa Nagar (Now Indra Nagar), Lucknow with theallegation that the defendant is tenant in the said premises since 15-2-1982 at a monthly rent of Rs. 450A besides Rs. 20/- as water charges. The defendant fell in arrear of rent whereupon a notice dated 14-6-1982 was issued by the plaintiff through his counsel demanding arrears of rent etc. and terminating tenancy. This notice was allegedly served on 16-6-1982, but the defendant neither paid the arrears nor vacated the premises in question. The plaintiff thereupon filed a suit claiming a sum of Rs. 1440.32 as arrears of rent since 15-4-1982 to 16-6-1982 including water charges on the aforesaid rate and a sum of Rs. 1504.00 was claimed as damages for use and occupation since 17-7-1982 to 22-10-1982, the date of fili...
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