Allahabad Court March 1986 Judgments
Riaz Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-31-1986
Reported in: 1987CriLJ436
ORDERKamleshwar Nath, J.1. The above-named four writ petitions, under Article 226 of the Constitution, have been filed for a Writ of Habeas Corpus to produce the petitioner in this Court and to set them at liberty. The District Magistrate of Lucknow, opposite party 2, has passed separate orders of their detention Under Section 3(2) read with Section 3(3) of the National Security Act (For short, the Act). All the four writ petitions raise common questions and, therefore, are disposed of by this common judgment.2. The petitioners were arrested on 14-2-1986. The orders of their detention were passed separately on 20-2-1986 (Annexure-I) Under Section 3(2), read with Section 3(3) of the National Security Act. The orders and their grounds (Annexure-II) were served upon each of the petitioners in jail on the same day (20-2-86).3. The order of detention is based on one ground contained in Annexure-II, in each of the writ petitions. It is stated therem that in protest to the opening of the lock...
Tag this Judgment!Bengali Baboo Yadav and anr. Vs. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Mar-29-1986
Reported in: (1986)57CTR(All)279
N. D. Ojha, J. - The premises of the petitioners were searched on 13-9-1985 and certain accounts books and other documents including pass books were seized. A seizure memo was prepared on that date, a copy whereof has been filed as Annexure 1 to the writ petition. Its perusal indicates that only account books and documents as aforesaid had been seized and no assets of the petitioners had been seized. Since, however, it was stated in paragraphs 5 and 13 of the writ petition that the account in the name of petitioner No. 2, namely, Smt. Shanti, in the Bank of Baroda was also seized in which an amount of Rs. 51,047 is lying, the Standing Counsel appearing for the respondents, by an order of this obtain instruction, if possible, by telegraph whether any order had been passed under sub-ss. (5)(8) of s. 132 of the IT Act, 1961, in the present case.2. Sri. Bharatji Agrawal, appearing for the respondents, has, on the basis of a post copy of the telegram received by him from the CIT, Agra, stat...
Tag this Judgment!Purshottam Dass Tandon and ors. Vs. State of U.P. Lucknow and ors.
Court: Allahabad
Decided on: Mar-25-1986
Reported in: AIR1987All56
R.M. Sahai, J.1. Renewal of Nazul land leases of Civil Lines, Allahabad, sprawled over an area of approximately 662 acres, one of the poshest localities of the town, renowned for its quiet serenity, famous for its, till recently, sophisticated looking marketing centre, inhabited by Judges, Lawyers, doctors, educationists, journalists, businessmen and now by a neo-rich class as well with no ostensible means but affluent and powerful, least but no less important out-house dwellers with no right or title but vote bank, has been eluding solution for more than two decades now. If the first phase beginning from March, 1959, when government issued order laying down conditions for renewal of leases, came to an end in April, 1965 when government directed the District Magistrate to renew leases of those who complied with modified conditions was marked with representations and objections by lease-holders' Association to what appeared to them to be unreasonable restrictions on right of alienation ...
Tag this Judgment!Dharmendra Kumar and ors. Vs. Vice-chancellor, Kanpur University, Kanp ...
Court: Allahabad
Decided on: Mar-24-1986
Reported in: AIR1987All44
A.N. Varma, J. 1. In this group of petitions, the various petitioners have assailed the validity of the admissions made by the Kulbhaskar Ashram Degree College on 27-12-85 to the M.Sc. (Ag) course for the year 1985-86. Each of the petitioners claims that if the respondent-College had conducted the process of admission fairly and in accordance with the norms laid down by the Admission Committee under Section 28(4) of the U.P. State Universities Act, he would have been entitled to be admitted in preference to those who were admitted on that date. The petitions are being disposed of by common judgment as the controversies raised therein are substantially similar. 2. The Kulbhaskar Ashram Degree College, Allahabad is affiliated to the Kanpur University. Admissions to various courses of study in this College are hence regulated by Section 28 of the U.P. State Universities Act. Subsection 4 of Section 28 lays down that the Admission Committee of the concerned University may issue directions ...
Tag this Judgment!Commissioner of Wealth Tax Vs. Vishnu Chaubey.
Court: Allahabad
Decided on: Mar-21-1986
Reported in: (1986)58CTR(All)219
By the Court - The Income Tax Appellate Tribunal, Delhi Bench 'E', Delhi by a common order dt. 10-2-1983 disposed of from appeals for the asst. yrs. 1972-73 to 1975-76 against levy of penalty by the WTO. In its order the Tribunal has recorded a finding that estimate of an asset was always a matter of opinion and the department has not suggested that the assessee showed in the return of net wealth the particulars of assets wrongly. That being so the Tribunal held that penalty for concealment would not be exigible. Aggrieved against the aforesaid appellate order the CWT, Agra filed reference applications under s. 27(1) of the WT Act, but the same were rejected by the Income Tax Tribunal by a common order dt. 11-7-1983.2. The CWT has now filed these four corrected applications under s. 27(3) of the WT Act. We have heard ld. counsel for the Department and we find that the matter is concluded by finding of fact recorded by the Tribunal and no statable question of law arises out of the afore...
Tag this Judgment!Ram Krishna Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-20-1986
Reported in: AIR1987All106
D.N. Jha, J. 1. This petition has been directed under Article 226 of the Constitution by the petitioner Ram Krishna feeling aggrieved by order dt. 9-12-1985 passed by the Government. He has also prayed for issue of a writ, order or direction in the nature of mandamus directing the opposite-parties to allow the petitioner to make payment of outstanding dues as per terms of Annexure 1, i. e., in instalment of Rs. 7,500/- per month as was fixed earlier and he continued paying without default. 2. It is an admitted case of the petitioner that excise dues to the tune of Rs. 11,13,830/-were due from the petitioner. When this amount was being realised as arrears of land revenue, it appears that the petitioner had approached the Government and some indiscreet officer of the State Government fixed an instalment of Rs. 7,500/- per month to be paid by the petitioner. The officer did not realise the consequences of fixation of this paltry amount of instalment. It appears to us that Government vide ...
Tag this Judgment!Dr. Smt. Rajender Kumari Varma Vs. Vijai Singh Rana
Court: Allahabad
Decided on: Mar-19-1986
Reported in: AIR1987All121
ORDERV.P. Mathur, J.1. Through this Election Petition the election of Sri Vijai Singh Rana respondent from 356 Dayalbagh Legislative Assembly Constituency of District Agra, held during March, 1985, General Elections to the U.P. Legislative Assembly, has been challenged. It is contended that Sri Rana filed his nomination paper on 5-2-85 and the polling took place on 5-3-85 counting was made next day when the Returning Officer declared Sri Rana elected as a member of the U.P. Legislative Assembly from 356, Dayalbagh Legislative Constituency in the district of Agra. It is contended that the election was void because Sri Rana was holding an office of profit under the Government of Uttar Pradesh and was, therefore, disqualified under Article 191(1)(a) of the Constitution and because the result of the election, in so far as it relates to respondent Sri Rana, has been materially affected by the improper acceptance of his nomination for this Constituency. In para 7 and onwards a concise statem...
Tag this Judgment!Digvijai Tewari Vs. Rakesh Prasad Pathak and ors.
Court: Allahabad
Decided on: Mar-19-1986
Reported in: [1987]61CompCas725(All)
B.D. Agrawal, J.1. This appeal under Section 110D of the Motor Vehicles Act is directed against the award given by the Motor Accidents Claims Tribunal (Additional District Judge), Gorakhpur, dated April 8, 1978.2. The accident occurred on July 6,. 1972, around 12.30 p.m. Mathura Prasad Pathak, aged about 40 years, it is alleged, was crushed by the truck No. USF 4554 belonging to the appellant near village Korari, Police station Barhalganj, District Gorakhpur. This occurred due to the truck having overturned at the spot. The death took place instantaneously. The deceased was employed as principal in the Saraswati Shishu Mandir, Azamgarh, getting a sum of Rs. 300 per month. The claimant, who is the son of Mathura Prasad Pathak (deceased), was aged about 9 years when the death of the father took place. He filed the claim giving rise to this appeal through his next friend claiming in all a sum of Rs. 72,000. The claim was resisted by the appellant, the owner of the truck, and also responde...
Tag this Judgment!Ram Kali and ors. Vs. Sharwan Kumar and anr.
Court: Allahabad
Decided on: Mar-18-1986
Reported in: 2(1986)ACC446
B.D. Agrawal, J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against the award given by the Motor Accident Claims Tribunal (VII Additional District Judge), Allahabad, dated 31st August, 1978.2. The accident occurred on 11th April, 1976, at about 6.30 a.m. Ram Nath Pal was on bicycle to the left of the road coming from village Kapari Police Station Shankargarh district Allahabad. Truck No. UPX 585 belong to the respondent No. 1 coming from behind crushed him to death. The death occurred instantaneously and this was due to the rash and negligent driving of the vehicle. The deceased left his widow, one son then aged about 14, and four daughters aged about 13, 11, 9 and 7 years respectively. The chief occupation of the deceased, aged about 40 years, was ice-cream vending. A sum of Rs. 50,000/- was claimed as compensation by his heirs and the legal representatives. In defence it was refuted that the accident took place due to the rash or negligent driving of the ...
Tag this Judgment!Sunil Kumar and anr. Vs. Ram Ditta Mal and anr.
Court: Allahabad
Decided on: Mar-12-1986
Reported in: AIR1987All86
B.D. Agrawal, J. 1. This is plaintiffs appeal.2. Dispute is with respect to a house. The house belonged to one Shiv Lal. The actual occupation was of the tenants-defendants 1 and 2. Municipal Board, Muzaffarnagar, within the territorial jurisdiction of which the house is situated instituted original suit 185 of 1965 in the Court of the Munsif, Muzaffarnagar, against Shiv Lal the owner for the recovery of Rs. 276-25 as arrears of house tax for the period 1962-63 to 1964-65 at the rate of Rs. 90/- per annum plus notice expenses contending also that the tax is a first charge on the house and praying that in case the amount is not paid within the period , specified the recovery be made by sale of the property. The suit was decreed ex parte on July 30, 1965. The decree-holder Municipal Board put the decree to execution on April 27, 1968 which was registered as Execution Case No. 82 of 1968 in the Munsif's Court. In execution the house was put to auction sale on 17-11-1969 and this was purch...
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