Allahabad Court September 1985 Judgments
Gupta Cycle Stores Vs. Commissioner, Sales Tax
Court: Allahabad
Decided on: Sep-30-1985
Reported in: [1986]62STC205(All)
S.K. Dhaon, J.1. This is assessee's revision. It is directed against an order dated 12th March, 1985, passed by the U.P. Sales Tax Tribunal (hereinafter referred to as the Tribunal).2. According to the order the assessee was absent at the time when the appeal was called out for hearing in spite of due service. Accordingly the Tribunal proceeded to dispose off the appeal. The Tribunal has in the order stated that since the assessee is not present therefore it is not possible to make any further probe into the matter. It therefore felt that it had no option but to uphold the order of the first appellate authority.3. The Tribunal having been constituted as the last and final court of appeal on fact and law is required to give its decision on the appeal. Even in the absence of the appellant, it is expected to go into the matter itself, apply its mind and thereafter give its decision. It has to record reason in support of its decision. In this case the Tribunal has failed to perform its sta...
Tag this Judgment!Ajai Kumar and Co. Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Sep-30-1985
Reported in: [1986]62STC200(All)
S.K. Dhaon, J.1. These revisions, at the instance of the assessee, arise out of the same order dated 21st February, 1985, passed by the Sales Tax Tribunal, U.P. (hereinafter referred to as the Tribunal).2. Proceedings were initiated against the petitioner-company, which runs a brick-kiln, for the assessment years 1980-81 and 1981-82. The first appellate authority gave substantial relief to the assessee on the turnover for the year 1980-81. However, it maintained the order of the assessing authority regarding the purchase of coal for a sum of Rs. 2,500 by the assessee. For the year 1981-82, the first appellate authority gave some relief to the assessee with regard to the turnover. However, it maintained the order of the assessing authority regarding the purchase of coal for a sum of Rs. 600 during this period. Feeling aggrieved, the department as well as the assessee preferred cross appeals before the Tribunal with respect to both the years. The Tribunal has knocked off a sum of Rs. 600...
Tag this Judgment!Dilip Singh Yadav Vs. the Pracharya and Adhikshak,
Court: Allahabad
Decided on: Sep-27-1985
Reported in: AIR1986All158
K.C. Agarwal, J.1. The competitive Pre-Medical Test of 1985 was conducted by the Gorakhpur University, Gorakhpur to select candidates for admission to M.B.B.S. Course, B.D.S. course, B.H.M.S. course, B.A.M.S. course and B.U.M.S. course.2. B.A.M.S. course entitles a candidate for admission in the Ayurvedic Colleges, the details of which are mentioned in l(iv) to the General Instructions, B.U.M.S. course is in Unani.3. For appearing in M.B.N.S., B.D.S. and B.H.M.S., the applicants must have the following course group - of qualifying examination (with Physics, Chemistry and Biology).4. For B.A.M.S. applicants must have passed intermediate Examination of U. P. Board or other equivalent examination in the subject of Sanskrit whereas candidates for B.U.M.S. must have passed Urdu/Arabic/Persian in High School or any other equivalent examination.5. The petitioner appeared in the C.P.M.T. for B.A.M.S. Course. He received a letter from the Lal Bahadur Shastri Smarak Rajkiya Ayurved Maha Vidyalay...
Tag this Judgment!Smt. Shakuntala Devi and ors. Vs. Amir Hasan and ors.
Court: Allahabad
Decided on: Sep-27-1985
Reported in: AIR1986All234
ORDERS.D. Agarwala, J.1. This is a Civil Revision filed under Section 115 of the Civil P.C. directed against the order dt. 29-3-1982 passed by the 1st Additional District Judge, Ghaziabad rejecting the application moved by the revisionists under Section 24(5) of the C.P.C. for transfer of suit No. 171 of 1978 from the Court of Additional Munsif, Hapur to the Court of Judge Small Causes, Hapur.2. The revisionists had made an application under Section 24(5) of C.P.C. for transfer on the ground that the suit which the revisionists had filed was in fact cognizable by the Small Causes Court but was wrongly filed on the regular side. The 1st Additional District Judge rejected the application with the observation that it will be open to the plaintiffs-revisionists to move the Court concerned to withdraw the suit with the permission to file the same in the Court of competent jurisdiction.3. Learned counsel for the revisionists has argued that the application under Section 24 of the C.P.C. can ...
Tag this Judgment!Shiv Prasad Lal Vs. Chairman, U.P. State Electricity Board and ors.
Court: Allahabad
Decided on: Sep-25-1985
Reported in: 1(1986)ACC10
Om Prakash, J.1. This is a first appeal from the order of the Motor Accident Claims Tribunal, Jaunpur (for short the Tribunal) dated 17-7-1980 dismissing the petition of the claimant holding that he was not hit by the jeep No. U.S.F. 1756 belonging to the Electricity Departmant. The appellant, hereinafter referred to as the claimant, stated before the Tribunal that he was hit by the speed jeep No. USF 1756, when he was proceeding towards Line Bazar on Jaunpur-Varanasi road on 25-12-1977 at about 6.30 p.m. and that he sustained fracture in his left thigh besides other injuries, that he was taken to a Doctor after the accident and there he was given medical aid and that he suffered from a permanent disability as a result of the accident which deprived him of earning livelihood. After the accident, a first information report was lodged at the police-station at about 10.30 p.m. on the same day by one Deena Nath Chaurasia which is on pages 33 to 92 of the paper book. Thereafter, the claiman...
Tag this Judgment!Smt. Sushila Devi Vs. Om Prakash and ors.
Court: Allahabad
Decided on: Sep-24-1985
Reported in: AIR1986All236
Om Prakash, J.1. This is a first appeal from the order dt. 3-5-1976 of the learned District Judge, Dehradun which he passed on the petition that was moved by Smt. Sushila Devi one of the daughters of the deceased Smt. Jivini Devi for grant of letters of administration for the estate of the aforesaid deceased.2. In the said petition, the applicant contended that the testator, namely, Smt. Jiwani Devi executed a will dt. 12-1-1965 in favour of her and her two more sisters, namely, Smt. Viddyawati and Smt. Bala Sundri. One Sri Ved Prakash who is the son of Smt. Viddyawati, filed a written statement stating that the will dt. 12-1-1965 was not a genuine document and that was obtained by the beneficiaries under coercion, undue influence and misrepresentation. Me contended that the testator executed a will dt. 17-2-1965 in his favour and that alone is the enforceable and operative document.3. The learned District Judge framed the necessary issues and came to the conclusion that both the wills...
Tag this Judgment!Jagdish (deceased by L.R's.) and Ors. Vs. Mangal Pandey (deceased by L ...
Court: Allahabad
Decided on: Sep-23-1985
Reported in: AIR1986All182
N.N. Mithal, J. 1. The plaintiff has come up in Second Appeal. Admittedly a money suit was filed by the respondent against one Chingi and his son Dasai and in execution of the decree, their one-half share in some agricultural land having trees and bamboo clumps thereof were attached. The decreewas passed by the Court of Small Causes and execution also took place in the same Court. Treating the trees and the bamboo clumps to be moveable property; being standing timber, the Court of Small Causes proceeded to put the same to auction and it was purchased by the defendant-respondents. The auction took place on 1-9-1958. Thereafter the present suit was filed on 15-1-1968 on the ground that the plaintiffs were not parties to the money suit and that without their knowledge the property has been put to sale. It was also alleged that the purchaser was trying to cut away the standing trees to which he had no right and on this ground reliefs were claimed for declaration that the auction sale in pu...
Tag this Judgment!Babban (deceased by L.R's.) Vs. Shiv Nath and Ors.
Court: Allahabad
Decided on: Sep-23-1985
Reported in: AIR1986All185
N.N. Sharma, J. 1. This is a defendant's appeal directed against judgment and decree of Sri R. P. Pandeya, learned 1st Addl. District Judge, Gorakhpur who dismissed Civil Appeal No. 95 of 1973 with costs on 20-11-1974 and affirmed the judgment and decree of Sri S. N. Mishra, learned Civil Judge, Gorakhpur in Suit No. 234 of 1970. Learned Civil Judge had decreed the suit for recovery of Rs. 6392/-against defendant 1 with costs. Future and pendente lite interest was allowed at the rate of Rs. 4% per annum.2. Ram Autar, father of plaintiffs 1 to 3 and defendants 3 to 5 is alleged to have advanced a loan of Rs. 4700/- to appellant on the basis of a pronote and receipt executed by him on 3-9-1967. It carried interest at the rateof Re. 1% per month. Nothing was paid despite demands, hence the suit.3. Defendant 1 denied execution of the pronote and receipt in question. He also denied that any consideration for the said pronote and receipt passed to him. The defence was that Deep Chand son of ...
Tag this Judgment!Dhampur Sugar Mills Limited Vs. Collector of Central Excise and ors.
Court: Allahabad
Decided on: Sep-23-1985
Reported in: 1986(7)ECC150; 1986(25)ELT488(All)
K.C. Agrawal, J.1. M/s. Dhampur Sugar Mills Ltd., Bijnor, has filed this writ petition for mandamus directing respondents Nos. 1, 2 and 3 to refund the sum of Rs. 79,493.97.2. It appears that the petitioner-company was called upon by notices dated 9th May, 1983 and 16th May, 1983 to show cause why they should not be directed to pay duty of Rs. 68,058.05, Rs. 44,086.49 and 4,6,843.40 towards molasses found to have been cleared by the petitioner during the month of March and April, 1983. The petitioner filed an objection stating that the molasses which were controlled commodity was since not allotted by the Excise Commissioner, the Company became entitled to dispose of the same according to whomsoever it liked to do so. Through the order dated 26th November, 1983 the Assistant Collector imposed a duty to the extent of Rs. 68,088.05 for this as excise duty. The petitioner preferred an appeal before the Collector, Central Excise (Appeals) at New Delhi. The appeal was allowed by the order d...
Tag this Judgment!Surendra Nath Mittal Vs. Dayanand Swarup and anr.
Court: Allahabad
Decided on: Sep-20-1985
Reported in: AIR1987All132
ORDERS.D. Agarwala, J. 1. This is a revision filed under Section 25 of the Provincial Small Cause Courts Act by the tenant. The plaintiff-respondent had filed a suit No. 39 of 1979 for arrears of rent and ejectment. This suit was decreed ex parte on 13th Nov., 1979. The revisionist thereafter moved an application for restoration of the suit to its original number. He also made certain deposits as required under the proviso to Section 17 of the Provincial Small Cause Courts Act, hereinafter referred to as the Act. The deposit was short and consequently the plaintiff-respondents filed an objection to that effect. Thereafter the revisionist made further deposits and also filed an application for condonation of delay in making the said deposits. The 1st Additional District Judge, Bulandshahr by order dt. July 7, 1982 dismissed the restoration application for non-compliance of the provisions of Section 17 of the Act within the time prescribed. The application moved by the revisionist for co...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »