Allahabad Court July 1985 Judgments
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Sant Ram and anr. Vs. Surya Pal and ors.
Court: Allahabad
Decided on: Jul-22-1985
Reported in: [1987]62CompCas87(All)
Agarwal, J.1. This appeal under Section 110D, directed against an order of the Motor Accidents Claims Tribunal, Fatehpur, dated September 29, 1984, passed under Section 92A of the Motor Vehicles Act, 1939, gives rise to an interesting, though short, question of importance. The questionis whether an appeal lies under Section 110D against such an order. Facts of the case are not very much relevant at this stage except that an accident occurred after October, 1, 1982, when the Central (Amendment) Act 47 of 1982 came into force. Respondent No. 1 has lodged a claim alleging permanent disablement. On his application, the Tribunal directed that a sum of Rs. 7,500 be paid to him and also that initially it is to be borne by the owners of the vehicle though later there may be reimbursement made by the insurer. Aggrieved, the owners of the vehicle have preferred this appeal.2. Preliminary objection has been raised for the respondents to the effect that the order impugned does not constitute an aw...
State of Uttar Pradesh Vs. Hamid Khan and Bros. and ors.
Court: Allahabad
Decided on: Jul-22-1985
Reported in: AIR1986All130
N.D. Ojha, J.1. This is a defendant'sfirst appeal against the judgment and decreedated 29th March, 1971 passed by the IstAdditional Civil Judge, Aligarh decreeing thesuit of the plaintiff-respondents for recoveryof Rs. 75,000/- with costs along with interestpendente lite and future at the rate of six percent per annum. The suit was instituted by therespondents on the allegations that the firmplaintiff-respondent No. 1 was a registered firm,that an agreement had been entered intobetween the plaintiffs and the Public WorksDepartment of the Uttar Pradesh Governmentat Narora whereby the plaintiff firm was tocarry out certain works in connection withthe construction of a barrage on the riverGanga. The claim of the plaintiff-respondentswas that the amount in respect of which thesuit has been instituted was payable to themby the defendant-appellant in connection withthe aforesaid work done by them. The suitwas contested by the defendant-appellant onvarious grounds and on the pleadings of thep...
New India Assurance Co. Ltd. Vs. Basant Lal Gupta and ors.
Court: Allahabad
Decided on: Jul-22-1985
Reported in: II(1985)ACC434; [1987]61CompCas817(All)
B.D. Agarwal, J.1. These connected appeals arise against an award of the Motor Accidents Claims Tribunal (Third Additional District Judge, Jaunpur), dated May 8, 1978.2. According to the case of the claimant, Basant Lal Gupta, he was standing on the road patari to the eastern side near the octroi-post of Mandi Ahmad Khan. On August 14, 1969, at about 8 a.m., PW, B.P. Srivastava, was also beside him. Ambassador Car No. USF No. 711 belonging to Chhotey Lal and being plied as a taxi through the driver, Gulab, took a turn to the right side and hit the claimant by its bumper. The claimant as a result sustained compound fracture of his left leg. He had to be under medical treatment for a number of months and there was loss in his earnings as a legal practitioner on the income-tax side in Jaunpur. A sum of Rs. 23,000 was claimed by him as compensation. Chhotey Lal resisted the claim refuting liability on his part in the matter.3. The Tribunal came to the finding that the accident occurred due...
U.P. State Road Transport Corporation Vs. Kulwant Singh and ors.
Court: Allahabad
Decided on: Jul-19-1985
Reported in: II(1985)ACC472; [1988]63CompCas25(All)
B.D. Agrawal, J.1. These are connected appeals under Section 110D of the Motor Vehicles Act, 1939.2. The accident giving rise to these proceedings occurred on September 29, 1973, around 2.30 p.m. Fiat Motor Car No. UPS 5498, belonging to Munish Kumar Jain, advocate, and self-driven was on its way to the Eastern Kutchery Road from the Budhana Gate in Meerut. Kulwant Singh, advocate, was sitting by his side and Brahma Pal Singh, advocate, was on the back seat. All the three are practising lawyers in Meerut Civil Court: The car had arrived at the Syndicate Bank crossing, when, according to the claimants, it was dashed on its right side by Bus No. USA 7103 belonging to the U.P. State Road Transport Corporation and driven by Satya Prakash. The car was to its left with a speed of about 20 km. per hour, the bus was moving fast at a speed of 50-60 km. per hour and it was to its right. The car was smashed and dragged for nearly 10-12 paces. All the three occupants of the car were injured and th...
Paras Nath Vs. Board of Revenue, U.P., Allahabad and ors.
Court: Allahabad
Decided on: Jul-19-1985
Reported in: AIR1986All111
R.M. Sahai, J.1. Having felt doubtful about the principle of law laid down in Lalit Tewari v. Genda Tewari 1974 Unreported Rev. Cas. 318, that a sub-tenant of a fixed rate tenant with specific authorisation to plant grove would become Asami Under Section 21(1)(b) of UPZA & LR Act of 1951 a provision in pari materia with Section 19(b) of U. P. Urban ZA & LR Act (hereinafter referred to as Act), one of us (Hon'ble K. P. Singh, J), referred this petition directed against order of Board of Revenue and others arising out of proceedings started for eviction Under Section 202 of the Act for decision by a larger bench.2. Prior to narration of facts it may be examined who are those persons who would become Asamis under Sub-clause (b) of Section 19 of Act. But before doing so it would be better if import of similar provision in ZA & LR Act (Act 1 of 1951) is understood. It is well known that when Zamindari was abolished the Legislature substituted seven classes of tenants under U. P. Tenancy Act...
State of U.P. Vs. Prem Singh Vahi and anr.
Court: Allahabad
Decided on: Jul-17-1985
Reported in: AIR1986All332
ORDERB.L. Yadav, J.1. The present petition under Article 226 of the Constitution is directed against the order dt. 1-9-82 passed in an appeal under Section 33 of the Urban Land (Ceiling & Regulations) Act, 1976, (hereinafter referred to as the Act), by the District Judge, Gorekhpur.2. The facts of the case lie in a very narrow campass. The provisions of the Act were enforced in the area and respondent 1 filed his statement under Section 6(1) of the Act stating that he holds an area of 167 sq. mtrs. in Mohalla Mohaddipur, District Gorakhpur and another area of 363.87 sq. mtrs. He further alleged that he has an area of 1497 sq. mtrs. in Khasra No. 389. In short respondent 1 has got two houses owned by him and both are residential houses and no area was liable to be declared surplus.3. The State of U. P. contested the case of respondent 1 and it was alleged that the land of respondent 1 was correctly shown to be surplus in the draft statement prepared under Section 8 of the Act and the fi...
Smt. Comilla Mohan Vs. Assistant Controller of Estate
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jul-15-1985
Reported in: (1986)15ITD10(All.)
1. The matter relates to the estate duty of the deceased Col. V.R.Mohan, who had died on 28-1-1973. The original assessment in this case was made on 20-4-1974 on the estate valuing Rs. 31,87,565.Subsequently, the assessment made by the Assistant Controller was examined by the internal audit party of the department. The audit party prepared a note on 15-9-1975. This note was converted into a regular report only on 24-10-1975. The audit pointed out, among others, that wrong exemption of Rs. 1 lakh had been claimed and allowed in the original assessment in regard to a property situated at 23, Gokhale Marg, Lucknow under Section 33(1)(n) of the Estate Duty Act, 1953 ('the Act') that deduction to the extent of Rs. 3,75,000 had been wrongly allowed in computing the deceased's share in the property belonging to the HUF of N.N. Mohan & Sons (bigger HUF) and further that the value of the shares owned by the deceased had not been correctly shown or valued in the original assessment. On the ...
Smt. Asha Rani Vs. Sia Ram and ors.
Court: Allahabad
Decided on: Jul-12-1985
Reported in: [1987]61CompCas794(All)
B.D. Agrawal, J. 1. This appeal is directed against an award of the Motor Accidents Claims Tribunal (III Additional District Judge, Bareilly) dated February 29, 1980. 2. Claimants are the heirs of Rameswar Saran alias Bisheshwar Saran deceased. Appellant No. 1 is his widow and appellants Nos. 2 to 5 are his minor daughters. The deceased was aged about 26 years and carried on a kirana shop in Fatenganj East district Bareilly. The accident took place around 1-15 p.m. on September 20, 1976. Truck No. UTW 2337 belonging to respondent No. 1 was on its way to Bareilly from the side of Tilhar. P. W. Khem Karan and D. W. Pooran Lal were sitting inside the truck at the back portion. At Fatenganj East, P. W. Radhey Raman and the deceased loaded their empty cans and boarded the truck sitting on the tool box located over the cabin of the driver. At a short distance towards the west of village Tiswa, the truck suddenly swerved to the right and dashed against a pakar tree situated to the extreme rig...
Agra Bartan Bhandar Private Limited and anr. Vs. State of Uttar Prades ...
Court: Allahabad
Decided on: Jul-12-1985
Reported in: [1987]65STC336(All)
V.K. Mehrotra, J.1. On May 14, 1985, we had passed an interim order in this case after hearing Sri Vidya Bhushan Upadhya, learned standing counsel for the State of Uttar Pradesh. We had mentioned in that order that we would give our reasons for making the interim order later. We are doing so now.2. The petition was presented in the court on May 8, 1985. The petitioners are Agra Bartan Bhandar Pvt. Ltd. and Anil Kumar Jain, its Director. The challenge in the petition is to the seizure of the goods from the shop of the petitioners on August 17, 1984 and to the demand of an amount representing 40 per cent of its value by way of security before its release. The petitioners have been impressing upon the respondents (namely, State of Uttar Pradesh; Sales Tax Officer, Mobile Squad, Agra and Deputy Commissioner, Sales Tax, Agra) the desirability of releasing the goods unconditionally.3. Annexure 1 to the writ petition is a copy of the order seizing the goods. It recites that the survey that wa...
Dwarke Prasad Vs. Kishan Lal and ors.
Court: Allahabad
Decided on: Jul-11-1985
Reported in: AIR1986All174
B.D. Agarwala, J.1. This is plaintiffs appeal directed against the judgment and decree of the II Additional Civil Judge, Agra, dt. 7th March, 1970,2. The dispute relates to a portion of the building known as Daulat Niwas situate in Agra The following pedigree serves to elucidate the relevant fact : -- R. B. Daulat Ram | ------------------------------------------------------------------------------ | | | Kanhaiyalal Krishan Lal Shyam Lal | | Lakshmichand | --------------------------------------------- | | | Kesri Chand Raghunath Laxman Pd.3. According to plaintiffs case his father made purchase of one-third share, pertaining to the branch of Shyamlal, in this building in execution of decree dt. 16th. Aug. 1950, in Original Suit No. 104 of 1948. the decree-holder obtained joint possession along with other co-sharers and symbolic possession against the existing tenants on 10th Feb., 1956. The principal relief sought in the suit, instituted in 1958 giving rise to this appeal, is partition ...
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