Allahabad Court January 1986 Judgments
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Khurshid Gauhar Vs. Siddiqunnisa
Court: Allahabad
Decided on: Jan-22-1986
Reported in: AIR1986All314
ORDERAmarendra Nath Varma, J. 1. This revision is directed against an order dt. Oct. 4, 1985 allowing an application filed by the mother for the interim custody of a minor child, a son aged about 31/2 years at the time of making of the application, having been born on Jan. 12, 1982. The said application was filed in an application filed by the mother of the child under Section 25 of the Guardians and Wards Act for an order for the return of the child from the custody of the applicant who is his father. 2. The relevant facts are that the applicant and the opposite party were married on May 11, 1980 and on Jan. 12, 1982, a son (the child in question) was born to them. On July 20, 1985 the applicant divorced the opposite party and it is alleged that he turned out the opposite party from the marital home and took the child from her custody and entrusted him to the care of his second wife. Thereafter on July 26, 1985 the opposite party filed an application under the Guardians and Wards Act ...
Commissioner, Sales Tax Vs. Electro India Ltd.
Court: Allahabad
Decided on: Jan-21-1986
Reported in: [1987]67STC397(All)
Anshuman Singh, J.1. The Commissioner of Sales Tax feeling aggrieved against the judgment dated 21st May, 1985 passed by the Sales Tax Tribunal, Lucknow, has come to this Court under Section 11(1) of the Act. The question raised on behalf of the Revenue in the instant revision is :Whether, on the facts and in the circumstances of the case, the Sales Tax Tribunal was justified in their majority judgment to hold that the assessee was not liable to any penalty under Section 15-A(1) of the Act in spite of the decision of the High Court in the case of United Traders, Rudrapur v. Commissioner of Sales Tax, U.P. 1984 ATJ 435 2. I have heard learned Chief Standing Counsel appearing for the Commissioner, Sales Tax, U.P. and Mr. J.C. Bhardwaj, learned counsel for the assessee.3. The facts, which are not disputed in this case are that a cheque was issued by the assessee for Rs. 3,85,861.84 which was not honoured due to the lack of funds in the account of the assessee and as soon as the assessee c...
Jwala Prasad Vs. Smt. Meena Devi and ors.
Court: Allahabad
Decided on: Jan-20-1986
Reported in: AIR1987All130
ORDERN.D. Ojha, J.1. The applicant is the husband of Smt. Meena Devi respondent No. 1 and has filed a petition under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act). On receipt of the summons of the aforesaid petition respondent No. 1 made an application for grant of Rs. 200/- per month for pendente lite maintenance and Rs. 500/-as expenses for contesting the petition filed by the applicant on the ground that she was an illiterate lady and had no independent source of income to maintain herself. Hercase was that the applicant was a Mistri and had income of about Rs. 1000/- per month. This application was contested by the applicant but was allowed by the trial Court by its order dated 31st August, 1985. By this order a sum of Rs. 200/- per month had been awarded as pendente lite maintenance and Rs. 500/- as expenses. It is this order against which the present revision has been preferred.2. It was urged by counsel for the applicant that the trial Court has commit...
Gaya DIn Vs. U.P. State
Court: Allahabad
Decided on: Jan-20-1986
Reported in: I(1986)ACC469; [1987]61CompCas207(All)
Sapru, J.1. Goya Din is the appellant in this case. The respondent is the U.P. State Road Transport Corporation.2. The appellant was crushed by a bus belonging to;the Corporation on April 10, 1974, at about 3 p. m. and as a consequence of the accident one of his legs had to be amputated at S. R. N. Hospital, Allahabad.3. The appellant is a vendor of milk, curd and ghee, and is a resident of village Ratiyahi, P. S. Therewai, district Allahabad. He moved an application under Sections 110A of the Motor Vehicles Act, 1939, claiming compensation amounting to Rs. 52,500. The application was filed much beyond six months which is the limitation period for filing a claim petition. The appellant also claimed the benefit of the provisions of Sections 110A of the Act which authorises the Claims Tribunal to entertain a claim petition if it is satisfied that the applicant was prevented by sufficient cause from making an application in time. This application of the appellant has been dismissed. It is...
Jafar Ali Saheb Ali Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jan-17-1986
Reported in: 1986(9)ECC30
Anshuman Singh, J.1. Briefly stated the facts of the case are that the petitioner carried on the business of manufacturing khandsari sugar under the licence issued under the U.P. Khandsari Sugar Manufacturers Licensing Order, 1967. In the year 1975-76 the petitioner was granted licence for one power crusher size 11' x 14' for manufacture of khandsari sugar in village Barbara, district Bijnor. It has been alleged by the petitioner that under the provisions of the U.P. Sugarcane Purchase Tax Act, 1961 (hereinafter referred to as the Act) the production of power crusher of a particular size has been given in schedule attached to the Act. It appears that the unit of the petitioner was inspected by the officers of the central excise department on 26-2-1976 when according to the stock register five bags was shown as existing balance but ten kattas of sugar cane and twelve bags containing khandsari sugar was being dried on platform and the same was not entered in the stock register. Since the...
Ram Charan Vs. Bhola Shankar Maurya and ors.
Court: Allahabad
Decided on: Jan-16-1986
Reported in: AIR1987All134
ORDERB.D. Agarwal, J. 1. This is an election petition under Section 81(1) of the Representation of the People Act, 1951.2. Election to the reserved constituency No. 43 Bilsi district Budaun for one candidate to the Legislative Assembly of the State was held in early 1985. Last date for nomination was 6th Feb., 1985; the scrutiny was to take place on 7th Feb., 1985; the nomination could be withdrawn within 9th Feb., 1985. The poll was scheduled for Mar. 2, 1985. This was followed by counting of the ballot papers on 6th Mar., 1985. Initially there were seven nominations for the seat, out of which that of the respondent 6 was rejected and hence the remaining six, including the petitioner alone, remained in the field. The respondent 1 was declared elected having secured 30,944 votes; the petitioner got the next highest number of votes being 26,521. Aggrieved the petitioner has approached this Court with this petition claiming that the election of the respondent 1 be declared void and also ...
Ram Prasad Chaudhary Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-16-1986
Reported in: AIR1987All169
K.S. Varma, J.1. This writ petition has been referred to us for decision in pursuance of an order dated 20-11-1985 passed by a Division Bench of this Court consisting of Hon'ble S. S. Ahmad and Hon'ble Brijesh Kumar, JJ. In order to appreciate the circumstances in which the petition has been referred to this Full Bench, facts will have to be stated in detail.2. The petition has been filed by Ram Prasad Chaudhary against his detention under the National Security Act, 1980 (hereinafter to be referred to as the Act). The order of detention is dated 3-2-1985 and is Annexure 1 to the petition. The ground, containing the reasons for detention are dated 3-2-1985 and have been filed as Annexure 2 to the petition. The petitioner's case is that he has been the President of D.M.K. Party and had contested the election to Lok Sabha in December, 1984 against Chandra Shekhar Tripathi, a Congress candidate. The petitioner was defeated in the election but, after the elections were over in December, 198...
Modi Industries Limited Vs. U.P. State Electricity Board, Lucknow and ...
Court: Allahabad
Decided on: Jan-16-1986
Reported in: AIR1986All342
N.D. Ojha, J.1. The petitioner is a private limited company incorporated under the Companies Act, 1956. It is engaged in the manufacture and sale of iron and steel products in the district of Ghaziabad and shall hereinafter be referred to as the Company. In order to run the factory the Company entered into agreements with the respondents for supply of 9500 KVA of electrical energy continuously for 24 hrs. The U.P. State Electricity Board (hereinafter referred to as the Board) vide notifications issued from time to time framed uniform tariffs in exercise of the power conferred on it by Section 49(1) of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Supply Act). Some of these tariffs also provide for charge of 'coal price variation adjustment' and 'fuel cost variation adjustment' as well as for 'fuel surcharge'. These writ petitions have been filed challenging the levy of the aforesaid charges for different periods by the various notifications mentioned above. Some of...
Commissioner of Sales Tax Vs. Indian Turpentine and RosIn Co. Ltd.
Court: Allahabad
Decided on: Jan-15-1986
Reported in: [1987]65STC227(All)
Anshuman Singh, J.1. The respondent-assessee manufactures vegetable turpentine oil and supplies the same in U.P. as well as outside the State. According to it its major buyer is M/s. Camphor and Allied Products Limited, Cluter-buckganj, Bareilly, which has been buying 85 per cent of total vegetable turpentine oil produced by the assessee since the year 1964 and the same is being used as raw material for the manufacture of camphor and its bye-products. The vegetable turpentine oil was being treated as 'oils of all kinds' hence the respondent-assessee had been charging U.P. sales tax at the rate of 3 per cent plus additional surcharge at the rate of 1 per cent. In the meantime Notification No. S.T.-2-5784/X-10(1)-80 dated September 7, 1981 was issued in which item No. 46 of the Schedule reads as under :46. Paints and varnishes of all kinds and all materials used in painting or varnishing, including distempers, cement colours or paints, powder paints, stiff paste paints, enamels and liqui...
Ram Kripal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-15-1986
Reported in: 1986CriLJ1437
B.L. Yadav, JJ.1. By this petition under Article 226 of the Constitution the petitioner has challenged the order of detention dated 15-2-1985 passed under Section 3(2) of the National Security Act, 1980 (for short the Act) by the District Magistrate, Deoria. The impugned order has been passed on the basis of the grounds that the District Magistrate was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the public order the detention of the petitioner was inevitable.2. The grounds of detention as required by Section 8 of the Act were communicated to the petitioner. Those grounds translated in English read as follows:(i) On 3-4-1983 at 10 A.M. in Kachchli Hatta Crossing of Barhaj Bazar you along with your friends killed Rudra Pratap Singh Attal. As a result thereof the persons in the market ran away and the market remained closed for a number of days. Crime No. 91/83 under Sections 147/148/149/302, I.P.C. was registered and th...
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