Allahabad Court July 1985 Judgments
indra Bahadur Singh Vs. Bar Council of U.P., Allahabad and ors.
Court: Allahabad
Decided on: Jul-30-1985
Reported in: AIR1986All56
N.D. Ojha, J. 1. The petitioner, according to the facts stated in this writ petition, was a Chief Judicial Magistrate in 1978 when he was promoted to the post of Additional Commissioner, Allahabad Division, Allahabad, on a temporary basis. Subsequently he was promoted to the post of Judicial Member of Board of Revenue, U. P., Allahabad, again on a temporary basis which post he joined on 24th Feb. 1979. While working as Judicial Member, Board of Revenue, the petitioner was confirmed on the post of Chief Judicial Magistrate with effect from 1st Dec. 1976, by notification dt. 9th Nov. 1982. He retired as a Judicial Member, Board of Revenue, on 1st Sept. 1984. Thereafter he made an application to the Bar Council of Uttar Pradesh, Allahabad, for enrolment as an advocate and was enrolled as such on 27th Oct. 1984, and started practice as an advocate in the Board of Revenue.2. Subsequently a complaint was made on 10th Feb. 1985 by Shri Jagdish Kishore Pathak, a member of the Bar Council of Ut...
Tag this Judgment!Kabul Singh and anr. Vs. Ram Singh and ors.
Court: Allahabad
Decided on: Jul-30-1985
Reported in: AIR1986All75
B.D. Agarwal, J.1. This is defendants' appeal. 2. The dispute relates to Sikh Gurudwara, Tehri. The respondents Ram Singh and Sant Ram as plaintiffs brought Original Suit No. 254 of 1971 on Dec. 20, 1971, under Section 92, Civil P.C. with the leave of the Advocate-General dated 15th April, 1968 against. Qabul Singh, Nanak Singh, Arjun Singh and Bir Chand defendants-appellants. About three quarters of a century ago the then Maharaja Tehri Garhwal dedicated land for the establishment of a public Gurudwara to benefit all such residents of Tehri who profess faith in the Sikh religion of Guru Granth Sahib. The Maharaja brought into existence a public trust of religious and charitable nature. The affairs of the Gurudwara were managed by residents of Tehri professing faith in the Sikh religion of Guru Granth Sahib. 3. The plaintiffs' further allegations are that in 1950 the residents of Tehri professing faith as aforementioned at a meeting formed a body known as the Gurudwara Committee, Sri G...
Tag this Judgment!U.P. State Road Transport Corporation Vs. Swarath and ors.
Court: Allahabad
Decided on: Jul-30-1985
Reported in: 1(1986)ACC325
B.D. Agarwal, J.1. This appeal under Section 110-D of the Motor Vehicles Act arises against the award of the Motor Accidents Claims Tribunal (District Judge) Deoria, dated 3-3-1978. 2. The accident giving rise to these proceedings took place on June 21, 1977, at about 9.30 am. close to the intersection of village Katrari. District Deoria. Murari Yadav, aged about 16 years, used to sell milk. He used to bring milk in a can to the city for this purpose. On the relevant day he was on his bicycle as usual PW Sita Ram and PW Ram Jeet were also in his company on their cycles respectively besides Ors. They were proceeding on their left from south to the north Bus No. UTA 2887 belonging to the UP State Road Transport Corporation (for short, the Corporation) came from the western direction. Murari was crushed under the wheel thereof. His parents and grand-parents lodged the claim under Section 110-A of the Act for a sum of Rs. 60,000/-. In defence it was pleaded by the Corporation that there wa...
Tag this Judgment!Khazani Vs. Sobaran Singh and ors.
Court: Allahabad
Decided on: Jul-26-1985
Reported in: 1(1986)ACC288
B.D. Agrawal, J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against an award of the Motor Accident Claims (III Additional District Judge) Aligarh dated 6th November, 1977.2. The accident giving rise to this proceeding occurred on August 30, 1973 around 10.00 A.M. on the G.T. Road near Varshaney Degree College, Aligarh. The college faces north. Facing the college is sewer line running from east to west. To the north of the sewer line there is road of the width of nearly 7' only. To the further of this road is Kachchi Patri to the width of nearly 3' running from east to west. The case set up by the claimant-appellant is that at the relevant time Jai Chand had emerged out of the college and was on bicycle. His friend Rakesh Chandra also a student in the college, was sitting on the bar of the cycle. The cycle was to his extreme left and Jai Chandra was at the moment on the bicycle with his leg placed on the earth placed over the sewer line, truck No. UST 9583 b...
Tag this Judgment!Smt. Sarda Devi Singhania Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jul-25-1985
Reported in: (1986)15ITD129(All.)
1. The above appeal was decided by the Tribunal on 27-7-1981. The assessee has moved a miscellaneous application dated 29-2-1984, which was received in the office of the Tribunal on 4-4-1984. Through this application, the assessee has pointed out that there was a mistake apparent from the record in the order of the Tribunal, which requires rectification.2. We briefly state the facts leading to the above application. The assessee owned certain agricultural lands in a village of District Kanpur. The said land was acquired by Kanpur Development Authority vide its notification in 1959 in terms of the Land Acquisition Act, 1894.The value of the said land was fixed by the Land Acquisition Officer (LAO) at Rs. 23,309 vide his Award No. 141 dated 21-7-1965. The assessee appealed against the award and claimed that a sum of Rs. 5,45,000 should be awarded to her, as the cost of the land. The said appeal is still pending.3. In her wealth-tax return for the above assessment year, the assessee decl...
Tag this Judgment!State of U.P. Vs. Nathhoo and ors.
Court: Allahabad
Decided on: Jul-25-1985
Reported in: AIR1986All172
N.D. Ojha, J.1. The first appeal has been filed by State of Uttar Pradesh against the judgment and decree dt. 30-3-1976, passed by the District Judge, Meerut in Land Acquisition Reference No. 118 of 1974, awarding compensation to the respondents for their land acquired under the Land Acquisition Act (hereinafter referred to as the Act) at the rate of Rs. 6/- per sq. yard. The notification under Section 4(1) of the Act was made on 13-8-1962. Some adjoining land at the same site belonging to other persons had also been acquired in respect of which compensation had been determined at the rate of Rs. 6/- per sq. yard by this Court in an appeal filed in this behalf against the judgment of the District Judge. For the State of Uttar Pradesh, appellant, reliance was placed on a sale deed as an exemplar indicating that the land was sold at a lesser price in the neighbourhood. The District Judge did not place reliance on the said sale deed on the ground that it had been executed about 4 1/2 year...
Tag this Judgment!Hari Fertilisers Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-25-1985
Reported in: 1985(5)LC2185(Allahabad); 1985(22)ELT301(All)
ORDERB.N. Sapru, J.1. This writ petition has been filed against the order of the Collector, Central Excise (Appeals). Four appeals are pending against the orders of the Assistant Collector, Central Excise, Varanasi in which stay applications were filed. The Collector rejected all the stay applications except one which has been allowed in part. Under the proviso to Section 35F, the appellate authority may grant stay if the demand levied would cause undue hardship to the person appealing. The Collector should pass a speaking order taking into account this aspect of the matter. He may also consider whether any part of the demand is prima facie barred by time before passing appropriate orders. With these obseivation the writ petition is dismissed....
Tag this Judgment!Km. Irma Siddiqui Vs. State of U.P.
Court: Allahabad
Decided on: Jul-24-1985
Reported in: 1(1986)ACC248
N.D. Ojha, J.1. These three first appeals from order have been filed against the composite award dated 14th August, 1978 given by District Judge, Banda in Motor Accident Claim Petition Nos. 33/70 of 1977, 36/70 of 1977 and 40/70 of 1977 whereby a sum of Rs. 1,19,467/-was awarded to the claimants in the aforesaid three claim petitions as compensation consequent upon the death of Sri Rais Ahmad, Executive Engineer, Ken Canal Division Banda on 22nd May 1977 caused in an accident which took place at about 12.20 A.M. in the night between 20th and 21st May 1977 at Shukul Kuwan, Banda-Chilla road near about two miles from Banda, Claim Petition No. 33/70 of 1977 had been filed by Km. Irma Siddiqui, daughter and Smt. Sajda Begum widow of the deceased. Claim petition No. 37/70 of 1977 had been filed by Smt. Atikun Nisan, mother of the deceased, whereas claim petition No. 40/70 of 1977 had been filed by Smt. Razia Siddiqui another widow of the deceased. Out of the total compensation of Rs. 1,19.4...
Tag this Judgment!Ramchandra Vs. Balla Singh (deceased by L.R.'s) and Ors.
Court: Allahabad
Decided on: Jul-23-1985
Reported in: AIR1986All193
N.N. Sharma, J.1. This is a defendant's appeal directed against the decree of Shri S. K. Varma, learned III Addl. District Judge, Shahjahanpur dt. 24-8-1974 in civil appeal No. 32 of 1973, by which learned appellate Court dismissed the said appeal and affirmed the judgment and decree recorded by Sri B. K. Sharma, learned Civil Judge, Shahjahanpur on 26-4-1973 in Suit No. 308 of 1969. Civil Judge decreed the suit with costs. The following pedigree which was not controverted before me shall be helpful to appreciate the points involved. Balla Singh (Plff. No. 1) | ----------------------------------------------- | | Sita Ram Ram Singh Plff. No. 2 Defdt. No. 1 | ---------------------------------------------- | | Babu Mathal (Plff. No. 3) (Plff. No. 4)2. Thus the plaintiffs and defendant 1 are interrelated. Defendant No. 1 is the vendor and defendant 2 is the main contesting defendant Ram Chandra vendee.3. The suit was filed on 1-9-1969. Relief sought was for concellation of the sale deed dt...
Tag this Judgment!Oriental Fire and General Insurance Co. Ltd. and ors. Vs. Abdul Haneef
Court: Allahabad
Decided on: Jul-23-1985
Reported in: 1(1986)ACC157
B.D. Agarwal, J.1. These connected appeals are directed against an award of the Motor Accidents Claims Tribunal (1 Additional District Judge, Jhansi), dated May 10, 1978.2. The accident occurred on April 5, 1974, around 3.30 p.m. at the crossing of the Sipri Basar, Mal Godam Road, Jharm Abdul Haneef, then aged about 13 years a student of Class VIII, was proceeding on bicycle from Sipri Basar towards the Mal Godam road. Truck No. USG 2580, belonging to M/s. V.P. Ghai and brothers, came over from the side of Mal Godam road; it was being driven by Mani Ram, the driver, on the wrong side and it dashed against Abdul Haneef from the front, as result Abdul Haneef fell and got crushed by the back right wheel of the truck. The right thigh was crushed upto the knee with the fracture of the femur bone and abrasion on the left leg. The victim remained on the medical treatment and, according to his case, there is resulting permanent disablement. A sum of Rs. 50,000/- was claimed as compensation und...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »