Allahabad Court March 1986 Judgments
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Munni Lal Vs. Phuddi Singh
Court: Allahabad
Decided on: Mar-12-1986
Reported in: AIR1987All155
B.D. Agarwal, J. 1. This is plaintiff's appeal directed against the trial court's decree dt. Jan. 1, 1972 passed under Order 34, Rule 4, Civil P.C. in original Suit No. 152 of 1969.2. The defendant executed a mortgage under registered instrument in plaintiffs favour on Jan. 7, 1961 in respect of the property detailed at the foot of the plaint. The consideration was Rs. 23,000,00 repayable with interest at the rate of 12% per annum within a period of four years. For the payment of interest the mortgage stipulates that the mortgagee would be entitled to realise Rs. 102/- per month being the rent from three tenants in the shops referred to as Items 1, 2 and 3 respectively in the Schedule 'A' appended to the deed of mortgage. In case the mortgagee is put in possession over the land referred to in Schedules 'B' and 'C, he was to be deemed to be a tenant in respect thereof on rent at the rate of Rs. 58/- and 40/-respectively. A sum of Rs. 128/- per month was thus to be set off towards intere...
Promostyle Exports and anr. Vs. Assistant Commissioner (Check Post), S ...
Court: Allahabad
Decided on: Mar-12-1986
Reported in: [1986]63STC394(All)
A.P. Misra, J.1. The petitioner is a partnership firm engaged in the manufacture and export of a variety of items, including, inter alia, scarves. According to the petitioner one of the raw material used in the manufacture of the said scarve is metallic polyester yarn. These yarns were imported by the petitioner from Japan for which advance licence was obtained and after manufacture of the scarves they are exported outside India. The petitioner by means of the present writ petition has challenged the seizure order dated 4th December, 1985 (annexure 10, and the order dated 21st December, 1985 (annexure 12), passed by the Assistant Commissioner (Check Post), Sales Tax, Ghaziabad. The seizure was made according to the respondents for violation of the provisions of Sections 13-A and 28-A of the U.P. Sales Tax Act, 1948. The said impugned order directed the petitioner for furnishing of security to the tune of 40 per cent of the value of the goods seized for its release.2. The petitioner's c...
Aruna Shanker Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-12-1986
Reported in: 1986CriLJ1686
G.B. Singh, J.1. This writ petition is for issuing direction to the opposite parties to release the petitioner from Central Jail, Agra and sending him back to the District Jail, Lucknow. The petitioner was arrested on 12-5-1985 at Lucknow in connection with some offence and was sent to District Jail, Lucknow on 13-5-1985. He was served with the detention order dt. 30-4-1985 passed by the District Magistrate, Lucknow, along with the grounds of detention on 13-5-1985 in that District Jail. The detention order was passed under the provisions of the National Security Act, 1980 on the ground that the activities of the petitioner were prejudicial to the maintenance of public order. From 13-5-1985 to 26-6-1985 he remained in the District Jail, Lucknow. On 27-6-1985 he was transferred to the Central Jail, Agra and ever since he has been in that Central Jail. The present petition has been filed on the allegations that according to the detention order passed by the District Magistrate on 30-4-19...
Madhao Saran Vs. Inspecting Assistant Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-06-1986
Reported in: [1987]163ITR673(All)
1. One of the questions that arise in this writ petition is whether this court should restrain the respondent from realising a sum of Rs. 1,76,282 from the petitioner in a writ petition while a reference proceeding is pending. In view of the decision of their Lordships of the Supreme Court in the case of CIT v. Bansi Dhar & Sons : [1986]157ITR665(SC) , wherein it was held that 'in an appropriate case, if the assessee feels that a stay of recovery pending disposal of the reference is necessary or is in the interest of justice, then the assessee is entitled to apply before the appellate authority to gran a stay until disposal of reference by the High Court or until such time as the appellate authority thought fit'. We are of the opinion that the petitioner can approach the appellate authority for appropriate orders and this petition under Article 226 of the Constitution is not an appropriate forum or remedy. With these observations, this writ petition is dismissed....
Baldeo Prasad Krishna Kumar Vs. Commissioner of Sales Tax and ors.
Court: Allahabad
Decided on: Mar-06-1986
Reported in: [1987]67STC403(All)
A. Banerji, J.1. Having heard the learned counsel for the petitioner and the learned Standing Counsel, we feel that this writ petition can be disposed of finally at the admission stage taking into consideration the provisions of the proviso of Rule 2 of Chapter XXII of the Rules of the Court.2. The petitioner has come to this Court praying for appropriate orders for directing the Commissioner of Sales Tax, U. P., Lucknow to transfer all the proceedings (including assessment proceeding, penalty proceeding, recovery proceeding and other proceeding under the Act) under the U. P. Sales Tax Act, from Sri M. U. Khan, Sales Tax Officer, Mahoba to any other officer of Uttar Pradesh. The allegations made in the writ petition are serious enough to merit consideration by the Commissioner of Sales Tax. Some of the allegations seem to be established by the appellate order and these amount to manipulations in showing service of notice of assessment on the petitioner for the year 1984-85. Further all...
Tahir Vs. Shaukat and anr.
Court: Allahabad
Decided on: Mar-06-1986
Reported in: 1986CriLJ1815
ORDERB.L. Yadav, J.1. This is an application under Section 439(2) of the Cr. P.C., 1973 (hereinafter referred to as the Code) for cancellation of bail granted to the opposite party 1, i.e. Shaukat by me on 11-10-85. In that case the opposite party was alleged to have committed an offence under Section 302,I.P.C. (Crime No. 53 of 1985) and a copy of the F.I.R. was annexed as Annexure-1 to the Bail Application No. 13568 of 1985. From a perusal of the same it appears that Ayub Hasan and Tahir Hasan were the prosecution witnesses and after release from the jail in pursuance of the order granting bail to the opposite party, the opposite party 1 is alleged to have committed an offence under Section 307/323, I.P.C. (Crime No. 85/85) on 16-11-85 at 7 P.M. and the F.I.R. was lodged by Tahir Hasan, one of the injured persons, who was one of the prosecution witnesses in the earlier case and the opposite party 1 has been implicated along with some other persons. From a perusal of the F.I.R. it is ...
Ramji Pandey Vs. Vikramaditya and ors.
Court: Allahabad
Decided on: Mar-05-1986
Reported in: AIR1987All92
ORDERB.D. Agrawal, J.This is an election petition under Section 81 of the Representation of the People Act. 1951.2. General Election to the State Legislative Assembly took place in the month of March, 1985. For the Legislative Assembly Constituency No. 227, Ballia, the fast date for filing the nominations was notified as 6th Feb. 1986: the scrutiny was to take place on the 7th and the nomination could be withdrawn up to 9th Feb. The poll took place on 2nd March. 1985. The petitioner and the respondents I to 19 were the contesting candidates at this election. Counting of votes took place on 6th March followed by the declaration of the result. The respondent. I was declared elected defeating the petitioner, who was the nearest rival, by a margin of 1645 votes.3. The election of the respondent is challenged by the petitioner on two grounds. The first is that on the date of the nomination the respondent was the Principal. Shahid Mangal Pandey Intermediate College. Nagwa district Ballia a r...
Union of India (Uoi) Vs. Nirmal Singh
Court: Allahabad
Decided on: Mar-05-1986
Reported in: AIR1987All83
N.N. Mithal, J.1. This Second Appeal hasbeen filed by the Union of India against the decision of the III Additional District Judge. Kanpur, allowing the appeal of the plaintiff-respondent and decreeing his suit for a declaration that his dismissal from service effective from 21-7-1969 passed by the General Manager of Government Harness Factory was illegal and ultra vires.2. The plaintiff joined the service on 4-1-1966 where his father was also employed. On account of some enmity the plaintiff was placed under suspension with effect from 21 1-1969 and was charge-sheeted on 22-l-1969 Reply to the charge-sheet was submitted by him on 3-2-1969 and after investigation of the charges a show cause notice dt 29-4 1969 was issued by the General Manager to the plaintiff proposing penalty of dismissal from service and calling upon the plaintiff to show cause against it. After the plaintiff made a representation against the show cause notice on 12-5-1969, it was considered by the authorities and f...
Vinod Kumar and ors. Vs. Principal, G.S.V.M. Medical College, Kanpur
Court: Allahabad
Decided on: Mar-03-1986
Reported in: AIR1987All124
B.L. Loomba, J.1. The petitioner 21 in number are students of G.S.V.M. Medical College, Kanpur. They were admitted in M.B.B.S. course in the year 1982, they appeared in the first professional examination in October, 1984 but unfortunately they failed 'in some papers and had to appear in the supplementary examination held six months later, that is, in April 1985 and were successful. Since June, 1985 they have been attending the second professional course classes along with their batchmates who had passed the first professional examination held in October, 1984. The petitioners' case is that the second professional examination is likely to be held in June, 1986 and that the petitioners may also be permitted to appear in this examination along with their batchmates. The petitioners are said to have approached the Principal of the said Medical College requesting him to arrange special classes to enable the petitioners to complete the requisite number of 75% attendance of the total number o...
Bishambhar Nath Kanaujia Vs. State of U.P.
Court: Allahabad
Decided on: Mar-03-1986
Reported in: 1986CriLJ1818
ORDERR.P. Shukla, J.1. Bishambhar Nath Kanaujia, the present applicant, was working as Chief Registration Clerk in the office of the District Registrar, Shahjahanpur, on 10-6-1976. He accepted a sum of Rs. 20/- as illegal gratification on that date. A case was registered against him under Section 161 of the Penal Code and under Section 5(2), Prevention of Corruption Act. The case was investigated and a charge-sheet was submitted and the sanction was obtained for his prosecution. He was tried by the Additional Sessions Judge (Special Judge), Shahjahanpur, and was convicted and sentenced to one year's R.I. under Section 161 of the Penal Code and one year's R.I. under Section 5(2), Prevention of Corruption Act. The sentences were ordered to run concurrently. He preferred an appeal against the aforesaid judgment and order of the Special Judge, Shahjahanpur, through Criminal Appeal No. 2858 of 1978 in this Court. The appeal was allowed solely on the ground that the prosecution of the applic...
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