Allahabad Court February 1986 Judgments
Fedders Lloyd Corporation Pvt. Ltd. Vs. Commissioner, Sales Tax and an ...
Court: Allahabad
Decided on: Feb-25-1986
Reported in: [1986]62STC216(All)
D.N. Jha, J.1. This writ petition has been directed with a prayer for issue of a writ of certiorari quashing the order of seizure of six packages mentioned in annexure No. 1 and it has been prayed that they be released without furnishing any security to the petitioner-company.2. The petitioner is a private limited company and has its head office at Delhi and the branch office is at Lucknow. The branch office is also duly registered under the U.P. Sales Tax Act as well as under the Central Sales Tax Act. Life Insurance Corporation of India placed an order for supply of three units of air-conditioners along with accessories with the petitioner-company through its branch office at Lucknow. The Life Insurance Corporation had applied for supply of form 32 so that when the goods were received at Lucknow, there may be no complication. The letter addressed to the Sales Tax Officer is contained in annexure No. 7. The department, for reasons best known to it, did not supply this form as prayed b...
Tag this Judgment!Hindustan General Insurance Society Ltd. Vs. Ratan Mohan Dhama and anr ...
Court: Allahabad
Decided on: Feb-25-1986
Reported in: 2(1986)ACC534
B.D. Agrawal, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, directed against the award of the Motor Accident Claims Tribunal (Vth Additional District Judge) Moradabad, dated 16th December, 1977.2. The accident, giving rise to the award, occurred on 30th November, 1972, around 1 p.m. Smt. Chandra Prabha Dhama aged about 34 was on way back home from educational institution where she was employed as teacher on a salary of Rs. 359/- per month. Truck No. UPM 8208 dashed against the rickshaw on which Smt. Dhama was seated and as a result she fell down and sustained multiple fracture on the right side near the eye-brow. She succumbed to the injuries sustained. The claim was filed by her husband and the minor son (Respondent Nos. 1 and 2). Under the award the Tribunal has decreed a sum of Rs. 66,045/- as compensation in favour of the respondent No. 2 the minor son. No compensation has been given so far as the husband of the deceased is concerned on the footing that ther...
Tag this Judgment!United Paper Products Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-24-1986
Reported in: [1987]65STC381(All)
Om Prakash, J.1. This is a writ petition under Article 226 of the Constitution of India for quashing the notice dated 12th August, 1986 (annexure 3 to the writ petition), issued by the respondent No. 2 and for restraining the respondents from taking any action to cancel the recognition certificate issued under Section 4-B of the U.P. Sales Tax Act, 1948 (briefly 'the Act') and for declaring by means of a suitable writ/order that the petitioner is entitled to exemption from payment of tax on the purchases of raw materials required for the manufacture of waterproof rolls and sheets.2. The petitioner is engaged in the business of manufacture of waterproof packing rolls and sheets. The manufacturing process of the petitioner is that a kraft paper is bituminised on one side and then it is bounded with hessian or polythene sheets. In short the bitumen layer is sandwiched by kraft paper and by hessian or polythene. The petitioner was granted a recognition certificate (annexure 2 to the petiti...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Nanki Devi and ors.
Court: Allahabad
Decided on: Feb-24-1986
Reported in: 2(1986)ACC293
B.D. Agrawal, J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal, Allahabad dated October 4, 1977.2. The accident in question occurred on July 25, 1976 round 4 30 a.m. Hira Lal Pandey was lying near some sand in which he dealt when Truck No. UTB 9576 belonging to respondent No. 6 over-ran him. According to the case put forward by the claimants, as a result Hira Lal Pandey sustained grievous injuries leading to his death within almost 24 hours. The truck. belonged to respondent No. 6, as mentioned above. The deceased was about 32 years of age and the claim, laid was for a sum of Rs. 48,000/- besides interest at the rate of 6% per annum. For the respondent No. 6 it was contended that the accident did not occur on account of rashness or negligence on the part of the driver, as claimed by the claimants. Insurance Company put in separate written statement also refuting the claim for compensation put forward by t...
Tag this Judgment!Kumar Fuels Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Feb-20-1986
Reported in: [1986]63STC467(All)
A. Banerji, J. 1. An important question of law as to the interpretation of Section 4-A(2)(d) of the U.P. Sales Tax Act, 1948, is involved in this petition. The Sales Tax Officer issued a show cause notice under Rule 41(5) of the U.P. Sales Tax Rules dated 24th January, 1986. He has observed in the said notice that the petitioner was not a new unit at the time of the commencement of business, had not obtained an institutional loan nor was the factory of the petitioner registered at that time and, as such, the petitioner's unit was not entitled to exemption under Section 4-A of the Act. He, therefore, desired the petitioner to appear on the 28th January, 1986, and satisfy the Sales Tax Officer as to why orders be not passed for assessment of tax against the petitioner.2. The petitioner aggrieved by the above notice has come up to this Court under Article 226 of the Constitution and has prayed for the quashing of the aforesaid notice raising the question that the Sales Tax Officer had no ...
Tag this Judgment!Chanan Shah Vs. Kuldip Singh and ors.
Court: Allahabad
Decided on: Feb-20-1986
Reported in: 2(1986)ACC327
B.N. Sapru, J.1. This is a claimant's appeal under Section 110-D of the Motor Vehicles Act, 1939 against the judgment and decree of Sri A.B. Mathur, District Judge, Nainital (Motor Accident Claims Tribunal) dated 20th March, 1978 in Claims Petition No. 60 of 1976.2. Necessary facts giving rise to the abovenoted appeal are that on 24-3-1976 the claimant's son named Vijay Kumar at about 5.45 P.M. was going on a cycle when he was knocked down by truck No. U.P.M. 4473 owned by respondent No. 1 Kuldip Singh Anand. Respondent No. 2 Malkhan Singh was the driver of the truck at the relevant time. Respondent No. 3 New India Assurance Company, Kashipur, district Nainital was the insurer of the vehicle bearing No. U.P.M. 4473. The claimant was the Manager of the State Bank of India, Kashipur. His son Vijay Kumar was aged about 15 years and was a student of class IX in Udairaj Hindu Intermediate College, Kashipur. The aforesaid Vijay Kumar was going on a cycle towards the north on the station road...
Tag this Judgment!Gyan Chandra Dwivedi Vs. 2nd Additional District Judge, Kanpur and ors ...
Court: Allahabad
Decided on: Feb-19-1986
Reported in: AIR1987All40
ORDERA.N. Varma, J. 1. This is a landlord's petition seeking review of the judgment delivered on 21-1-1980 allowing a writ petition filed by the tenant of the premises in question and directing the Prescribed Authority to dispose of the landlord's application for release under Section 21 of U.P. Urban Buildings (Regulation of Letting Rent & Eviction) Act (U.P. Act No. XIII of 197,2) in accordance with the observations made in the judgment. 2. The facts relevant for the disposal of the review petition are these. The review petitioner is the landlord of House No. 104/102, Old Sisamau, Kanpur while the opposite party No. 3 is a tenant of the first and second floor portion of the house. The landlord filed an application for release of the accommodation on the ground that he needed the tenanted portion for his own personal occupation. He also relied on Explanation -- IV to Section 21 of the said Act which provided that if the landlord applies for the release of a tenanted portion of a build...
Tag this Judgment!Patan Lal and anr. Vs. Sukhrani Devi and ors.
Court: Allahabad
Decided on: Feb-19-1986
Reported in: I(1987)ACC505; [1988]63CompCas296(All)
Agrawal, J. 1. This appeal under Section 110D, Motor Vehicles Act, 1939, is directed against an award of the Motor Accidents Claims Tribunal (Additional District Judge, Kanpur), dated November 13, 1976. 2. The accident in question occurred on May 7, 1972, around 9.00 a.m. Chhotey Lal, the husband of respondent No. 1, was proceeding on a bicycle on the left side of the road. The allegations are that he was dashedby truck No. UPC 5729 belonging to appellant No. 1 and driven by appellant No. 2. This happened on the Kanpur-Hamirpur road near octroi post, village Paharhpur, Due to the impact, Chhotey Lal fell on the ground and died almost instantaneously on account of the injuries sustained. The claimant is the widow of Chhotey Lal aforesaid. She laid claim to a sum of Rs. 50,000 as compensation. The Tribunal found that the accident occurred due to rash and negligent driving of the truck in question by appellant No, 2. The deceased was employed as a fitter in Elgin Mills Co. Ltd., Kanpur, a...
Tag this Judgment!Fabcon, Corporation Incorporated, in U.S.A. Vs. Industrial Engineering ...
Court: Allahabad
Decided on: Feb-17-1986
Reported in: AIR1987All338
ORDERB.D. Agarwal, J.1. This revision is directed against an order of the Additional District Judge, Ghaziabad, dated 23rd Sept., 1982.2. The plaintiff brought a suit giving rise to this revision in the Court of the District Judge, Ghaziabad, contending that, the plaintiff holds patent No. 140164, dated Jan.31, 1974, and that the plaintiff is recorded in the Register of Patents on Nov. 21 1980, as such. There is allegedly infringement of the patent from the side of the defence and hence the relief sought in the suit is permanent injunction besides requiring the defendant to render account to the plaintiff of profits made by the defendant by using a machine containing the plaintiffs invention. The amount thus found due is also sought to be recovered. In defence it is asserted that there is no valid patent held as such by the plaintiff and no relief can be had on the basis of the averments contained in the plaint Subsequent to the defence being put in, there was an application filed by t...
Tag this Judgment!Hari Ram Vs. Dharm Prakash and ors.
Court: Allahabad
Decided on: Feb-14-1986
Reported in: 2(1986)ACC213
B.D. Agrawal, J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against the judgment of the Motor Accident Claims Tribunal (District Judge, Banda) dated 3rd November, 1977.According to the appellants case on January 24, 1975 around 5 00 P.M. he was walking on foot behind the bullock-cart which was being driven by his brother Surja from Maudah towards Banda. The cart was carrying cattle fodder. The appellant was to the left of the road. Bus USG 6345 belonging to the respondent No. 1 and being driven by the respondent No. 4 came from behind and the appellant, it is stated, was hit on this account which resulted in injuries to him including a fracture to his leg. He was rendered unconscious having fallen to the ground. The brother took him to the Banda Hospital and first information report was lodged by the brother at 10.00 P.M. that day at the Police Station Kotwali, Banda.2. In defence it was asserted that no accident resulted from the Bus aforementioned driven ...
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