Allahabad Court September 1985 Judgments
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Kailash Shukla Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Sep-10-1985
Reported in: 2(1985)ACC581
Om Prakash, J.1. This is the first appeal from order dated 10-1-1979 passed by the learned Ad-Hoc Claims Commissioner, Allahabad (herein after referred to as, the Commissioner) awarding compensation aggregating to Rs. 10,000/- for loss of property and for pain and suffering caused to the claimant from the accident with the train, in which she travelled, had met on 10-10-1977. The claimant sustained two fractures besides other minor injuries and her V.I.P. Suit-Case containing jewellery and other articles was lost.2. Considering the evidence available on record, the Commissioner awarded compensation to the extent of Rs. 4,500/- for the loss of property and Compensation of Rs. 5,500/- for the pain and suffering caused to the claiman from the injuries that she sustained. Aggrieved, the claimant has filed th instant appeal.3. I have heard learned Counsel for the parties at some length. The contention of learned Counsel for the claimant is that the commissioner has not awarded any compensat...
New India Assurance Company Vs. Urmila Devi and ors.
Court: Allahabad
Decided on: Sep-10-1985
Reported in: 1(1986)ACC73
O.P. Saxena, J.1. These are two connected appeals under Section 110-D of the Motor Vehicles Act against the order dated 17-2-1976 passed by Motor Accidents Claims Tribunal (District Judge Ghazipur). The claimant respondents have filed a cross-objection.2. On 23-9-1976 at 2.30 P.M. at village Nasirpur, P.S. Birno, District Ghazipur. a motor accident took place. Shyamdeo Singh was travelling in taxi No. UTH 258 from Hansrajpur to Ghazipur. The taxi was driven by owner-cum-driver Sudama Tewari. It is said that due to sash and negligent driving of taxi by the driver, it overturned. Shyamdeo Singh succumbed to the injuries. The report of the accident was louged by Ram Bachchan Singh on the same day at S.P. Kotwali, Ghazipur, at 4 P.M.3. The claimants-respondents are the widow, minor daughter and minor son. They claimed Rs. 25,000/- as compensation. The age of deceased was given as 32 years. Monthly average income was given as Rs. 400/-.4. The petition was contested by owner-cum-driver and t...
General Traders Vs. Customs Excise and Gold Control Appellate Tribunal ...
Court: Allahabad
Decided on: Sep-09-1985
Reported in: 1985(22)ELT694(All)
A. Banerji, J.1. This writ petition is directed against an order dated 27th June, 1984 passed by the Custom Excise and Gold Control Appellate Tribunal, New Delhi (for short Tribunal). The Assistant Collector, Central Excise, Agra held that the petitioner was not eligible for exemption and concessional rate of duty in terms of Notification No. 8/80-C.E., dated 18th June, 1980 as amended by Notification No. 50/81, dated 1st March, 1981. The appeal was rejected by the Collector. In the appeal before the Tribunal, the petitioners claimed that they were entitled to the exemption and concessional rate of duty as between two relevant dates 1st of April, 1981 to 17th of September, 1981, for they had not cleared glass and glassware valued at Rs. 15 lakhs. They also urged that the demand made by the Assistant Collector was barred by time. Both the arguments were rejected by the Tribunal. It held that the value of the clearance in the financial year 1981-82 exceeded Rs. 15 lakhs on 18th September...
Chait Ram Saini (Deceased by L.Rs) Vs. Ghasi Ram (Deceased by L.Rs) an ...
Court: Allahabad
Decided on: Sep-05-1985
Reported in: AIR1986All50
N.N. Mithal, J. 1. This is defendants' second appeal and the only question of importance raised is about limitation. How this question arises would be clear only from the narration of facts. The defendant-appellant had filed Suit No. 279 of 1950 against one Chhuttan for rent and ejectment. The suit was decreed after contest and execution proceeding No. 331 of 1951 ensued. The matter took a tortuous' route, several objections were filed, attempts were made to avoid delivery of possession and ultimately all these attempts failed and time came for executing the decree again. On an application made by the defendant appellant (the plaintiff decree-holder in that suit) the Amin was directed to deliver possession. This time he was obstructed by the plaintiff-respondent and an application under Order 21, Rule 27 C.P.C. was made. The respondent filed objections pleading inter alia that an earlier application for execution had been dismissed and, therefore, a second application was barred by res...
Sardar Hasan Siddiqui and ors. Vs. State Transport Appellate Tribunal, ...
Court: Allahabad
Decided on: Sep-05-1985
Reported in: AIR1986All132
ORDERS.K. Dhaon, J.1. The petitioners have invoked Article 226 of the Constitution and have challenged the legality of an order dated 18th May 1982, passed by the State Transport Appellate Tribunal, U. P., Lucknow (hereinafter referred to as the Appellate Tribunal) setting aside a resolution dated 16th October, 1981, passed by the Regional Transport Authority, Moradabad (hereinafter referred to as the Transport Authority) including a portion of an independent route in their existing permits for stage carriages and remanding the matter for reconsideration by a duly constituted authority,2. The petitioners were existing permit-holders of one of the three routes which were Nagina-Kalagarh-via-Afzalgarh (hereinafter referred to as route No. 1); Nagina-Jaspur-via-Afzalgarh (hereinafter referred to as route No. 2); and Kashipur-Kalagarh-via-Jaspur (hereinafter referred to as route No. 3). Petitioners Nos. 1 to 8 (hereinafter referred to as the petitioners Ist set) the existing permit-holders...
Shri Chand Vs. Keshav Deo and ors.
Court: Allahabad
Decided on: Sep-05-1985
Reported in: 1(1986)ACC88
O.P. Saxena, J.1. This is an appeal under Section 110-D of the Motor Vehicle Act against the order dated 1st December 1977 passed by the Claims Tribunal (Second Additional District Judge, Mathura) awarding a compensation of Rs 5500/- with interest @ Rs. 6% per annum from the date of award till the realization. The respondent No. 2 was made liable to pay the entire amount.2 On 31st March 1976, the appellant, a minor boy aged about 6 years, was the victim of a motor accident. He was going on the left side of the road along with his father Badruddin. A Mini truck, USG 4268 was coming from the opposite direction. It is said that the driver was rash and negligent. The Mini Truck struck against a rikshaw, hand cart and two cyclists, and in all this the appellant was also injured on his leg.3 The appellant filed a claim petition for Rs. 26500/- as compensation. The petition was filed through the next friend and father of Badruddin.4 The respondents filed separate written statements. The respo...
ishtiaq HussaIn Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-04-1985
Reported in: 1986CriLJ1448
G.B. Singh, J.1. This is a petition for issue of a writ of habeas corpus quashing the detention order dt. 13-5-1985 and directing the respondents to release the petitioner forthwith.2. The petitioner has challenged the order of detention dt. 13-5-1985 (Annex, 1) passed by the District Magistrate, Lucknow under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act). The grounds of detention (Annex. 2) were served upon the petitioner in District Jail, Lucknow on the same day on which the order of detention was passed. While serving the grounds of detention the petitioner was directed to file representation, if any, to the State Government addressed to the Home Secretary through Superintendent Jail. The District Magistrate reported the matter to the State Government with the grounds on which the order had been made and the State Government approved the detention order. The petitioner made representation against the order of detention on 23-5-1985. The Distric...
New India Assurance Co. Vs. Smt. Manbhari Devi and ors.
Court: Allahabad
Decided on: Sep-03-1985
Reported in: I(1986)ACC151; [1987]61CompCas754(All)
Om Prakash Verma, J.1. This is a first appeal from order by M/s. New India Assurance Co. (hereinafter referred to as ' the appellant'), against the judgment and decree dated October 5, 1978, passed by the IInd Addl. District Judge, Bulandshahr (for short ' the ADJ '), under Section 110A of the Motor Vehicles Act, 1939, awarding compensation at Rs. 24,000.2. One Sri Satish Chand Mittal died on the spot on September 25, 1976, when he was travelling on the pillion of a scooter that met with an accident with bus No. RJF 2877, which was insured by the appellant. The kith and kin of the deceased claimed damages. The petition was decreed for Rs. 24,000. Aggrieved, the appellant has come up in appeal.3. I have heard learned counsel for the parties. The short point urged for the appellant is that there was no liability on the part of the appellant, as the driver of the bus No. RJF 2877 did not possess a legal driving licence at the time of the accident. He submits that the onus is on the claima...
Trijugi NaraIn Tewari and ors. Vs. Gorakhpur Kshetriya GramIn Bank and ...
Court: Allahabad
Decided on: Sep-02-1985
Reported in: AIR1986All115
K.C. Agrawal, J.1. This bunch of writ petitions challenges the validity of Section 11A of the U. P. Agricultural Credit Act, 1973 (U. P. Act No. 19 of 1973), hereinafter referred to as 'the Act' which provides for recovery of loans advanced by a Bank to an agriculturist by way of financial assistance. Common questions of law are since involved in these cases, we propose to take the writ petitions Nos. 9545 of 1984, Trijugi Narain Tewari and Ors. v. Gorakhpur Kshetriya Grarain Bank and Anr., and No. 5588 of 1984, Kashmira Singh v. State of U. P. and Ors., as leading cases. It would suffice to mention the facts of only one of them.2. Trijugi Narain Tewari and others took a loan of Rs. 40,000/- from Gorakhpur Kshetriya Gramin Bank for purchasing a tractor, on May, 2, 1980. The petitioners were required to deposit the entire amount in six monthly instalments. The payment of the last instalment had to be made by December, 1985. Each instalment was of Rs. 4000/-. Out of this, Rs. 13,400/- wa...
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