Allahabad Court April 1987 Judgments
Vijai Kumar Gupta and ors. Vs. Zila Parishad, Shahjahanpur and anr.
Court: Allahabad
Decided on: Apr-24-1987
Reported in: AIR1987All304
Ravi S. Dhavan, J. 1. The three petitioners from the town of Jalalabad, in the district of Shahjahanpur are vendors on a public road, which runs in front of the CivilHospital in that town. This is the main road of the town they say, and this is not in issue. They also contend that they are lawful occupants of the road, as they pay Teh-bezari to the Municipal Board, for vending on the 'patri' of the public road. They apprehend closure of their business as the place from where they carry it on is being auctioned for ten shops by the Zila Parishad, Shahjahanpur.2. The petitioners contend that their right to do business on the public road cannot be curtailed, and the shops to be constructed by the Zila Parishad on the boundary of the Civil Hospital, next to the Katra and the Tehsil Marg ought to be restrained.3. On the two wrongs which are being precipitated,, the contention of the petitioners themselves, no writ can be issued to give redress to them. The first wrong is at the hands of the...
Tag this Judgment!Naresh Kumar Vs. Prakash NaraIn Awasthi and ors.
Court: Allahabad
Decided on: Apr-23-1987
Reported in: AIR1988All102
ORDERV.K. Mehrotra, J.1. In the election for the U.P. Legislative Assembly, one of the constituencies which was called upon to elect a member was 285 Jahanabad Fatehpur Assembly constituency, Feb. 6, 1985 was the last date for filing of nominations. Scrutiny was to take place on Feb. 7. The date of poll was March 5, 1985. Counting of votes was fixed for March 5, ,1985. A number of people filed their nominations but after scrutiny and withdrawal 13 candidates remained in the field. Petitioner Naresh Kumar Uttarm was one of them. The other 12 were the first respondent Prakash Narain Awasthi and 11others who are also impleaed as respondents in the petition. Polling took place on March 5,1985. Counting was done in the compound of District Court, Fatehpur from 8 A.M. on March 6, 1985. Naresh Kumar Uttam a Lok Dal candidate, was declared to have obtained 31498 votes while Prakash Narain Awasthi of the Indian National Congress was said to have obtained 31619 votes. Of the total 77005 votes, 1...
Tag this Judgment!Shah Abdul Bagi and ors. Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Apr-21-1987
Reported in: AIR1988All1
K.C. Agrawal, J.1. For deciding the controversy referred by the learned single Judge about maintainability of the suit, it is necessary to state the relevant facts. These facts are : --Shah Abdul Bagi and four others, who were members of the Muslim community, have filed the present suit under Order 1 Rule 8 of the Civil PC for injunction restraining the State of Uttar Pradesh, Senior Superintendent of Police, Allahabad and others from causing any interference or restraining the plaintiffs from entering into the mosque and offering their prayers through the main gate shown by letter 'M' in the map annexed to the plaint. This right of offering prayers was claimed by the plaintiffs in respect of a public mosque popularly known as 'Masjid-E-Azam', situated in new Attarsuiya, Allahabad.2. The plaintiffs claim that the public mosque exists since times immemorial and that the plaintiffs and other Muslims were offering prayers in the same, but by an unauthorised action, defendant 1, Sri J.M. S...
Tag this Judgment!Tej Kumar Bhargava Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Apr-17-1987
Reported in: (1987)21ITD21(All.)
1. These appeals, one by the assessee and the other by the department, have been filed against the order passed by the Appellate Assistant Commissioner of Income-tax, Lucknow, in the income-tax appeal of the assessee for the assessment year 1967-68.2. The assessee along with two others owned lands bearing the municipal lay out Nos. 61 and 62 within the municipal limits of Lucknow. The total area of these plots was 2,23,423 sq. ft. The northern portion of this land measuring 98,408 sq. ft. was acquired by the Bridge Construction Division of P.W.D., Lucknow for planned development of the town of Lucknow and the construction of a bund for protection from floods. The assessee along with another co-owner Shri Raja Ram Kumar Bhargava filed joint objection before the Special Land Acquisition Officer claiming compensation as under : (b) Damage on account of severance of the rest of land @ Rs. 4 per sq. ft. as it was claimed by the assessee that after the acquisition of the northern portion th...
Tag this Judgment!Jai Shree and ors. Vs. Amar Dev and ors.
Court: Allahabad
Decided on: Apr-17-1987
Reported in: II(1987)ACC457
K.C. Agrawal, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act filed by the father, mother and minor daughter of Satya Pal Singh who died in an accident on 30-5-1971 at about 9.30 A.M. near Muradnagar. He was travelling by Tempo No. U.S.T.-6094 when the same collided with Bus No. U.P.S. 9941 belonging to the Roadways. The place of the accident was 2 Kilometres away from Muradnagar towards Ghaziabad. The appellants claimed Rs. 1,50,000/- as compensation, as against the Roadways and the owner of the tempo by assorting that the accident resulted due to the negligence of the drivers of the tempo as well as the bus.2. It was alleged that the driver of the bus was negligent as he did not have control on the steering of the bus while driving it. Allegations of negligence against the driver of the tempo were also made and it was further alleged in that connection that the tempo was out of control of the driver as it carried passengers beyond its capacity and beyond the limi...
Tag this Judgment!Sharda Das Vs. Mohd. Isha and anr.
Court: Allahabad
Decided on: Apr-16-1987
Reported in: II(1987)ACC410
S.D. Agarawala, J.1. This is a First Appeal From Order filed under Section 110-D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal, Gorakhpur, dated 28th May, 1986, by which the claimant Mohammad Isha, respondent No. 1, was granted a compensation of Rs. 6,000/-.2. The facts giving rise to the present appeal are as under:3. On 9th September, 1982, an accident occurred near Terhwa at Maharajganj-Pharenda Boad, Mohammad Isha was then a student of Class X, aged about 14 years. He was going on a bicycle from his school to village Barehara where he was going on his left side. When he reached near Terhwa, a Tractor No. URO 3250 came from Pharenda side and going towards its wrong side, collided with Mohammad Isha, as a result of which he received simple as well as grievous injuries. The injury was a fracture of the pelvic bone. He was treated in the hospital for more than a month. Thereafter, Mohammad Isha filed a Claim Petition for a sum of Rs. 36,000/- (Rs...
Tag this Judgment!Shree Kishan Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Apr-15-1987
Reported in: (1987)65CTR(All)303; [1988]173ITR541(All); [1987]33TAXMAN91(All)
1. This writ petition has been filed by the petitioner against an order of the Commissioner, Meerut, dated July 9, 1986. 2. A petition under Section 273A of the Income-tax Act, 1961 (' the Act'), had been filed by Shree Kishan in two capacities, viz., as an individual and as a member of the Hindu undivided family. He made three prayers,viz., (i) no penalty or prosecution may be levied/launched under any provision of the Act or under any other law and any penalty imposable may be waived ; (ii) no interest under any provision of the Act may be charged or it should be waived ; and (iii) in case any assessment/reassessment in the hands of the Hindu undivided family or individual is made under the Wealth-tax Act, 1957, any penalty or interest imposable/pay-able under the Wealth-tax Act may be waived. 3. The Commissioner rejected the prayer holding that the provisions of Explanation 2 to Section 273A were not attracted in the present case and that the assessee was not entitled to the benefit...
Tag this Judgment!Additional Commissioner of Income-tax Vs. Hasmat Rai Raj Pal
Court: Allahabad
Decided on: Apr-15-1987
Reported in: (1987)64CTR(All)185; [1988]170ITR191(All); [1987]33TAXMAN23(All)
R.K. Gulatt, J. 1. This application has been filed under Order 47, Rule 1 read with Section 151, Code of Civil Procedure, seeking review or recalling of our order dated January 22, 1987, passed in I.T.R. No. 1141 of 1977 (Addl. CIT v. Hasmat Rai Raj Pal [1987] 167 ITR 794) by which two questions referred by the Income-tax Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961 (hereinafter to be referred as 'the Act'), were answered against the applicant, M/s. Hasmat Rai Raj Pal. The aforesaid reference related to the assessment year 1960-61.2. The assertions made in this application are that against a consolidated order passed by the Income-tax Appellate Tribunal for the assessment years 1960-61 and 1961-62, the Revenue had sought two references under Section 256(2) of the Act, one for each year.3. The reference relating to the assessment year 1961-62, being I.T.R. No. 370 of 1980 was decided in the absence of the applicant but in its favour, by a Division Bench of this co...
Tag this Judgment!Devender Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Apr-13-1987
Reported in: AIR1987All306
K.C. Agrawal, J. 1. The plaintiff filed the suit giving rise to the present appeal for recovery of Rs. 63,830/- for the work done for the defendant with pendente lite and future interest and for recovery of Rs. 30,480/- for damages on account of breach of contract. The details of the amounts claimed are mentioned in Annex. A to the plaint.2. For deciding the claim since the details are not required to be given excepting that of damages, we refrain from mentioning the same. The sum of Rs. 30,480/- claimed as damages can be divided into two heads. One of them covers Rs. 20,480/-, the details of this amount are given in Annex. A to the plaint The balance amount of Rs. 10,000/-was claimed for the delay in the disposal of the application made by the plaintiff for extension of time. The plaintiff claimed that the application for extension was made on 4-9-1967, but was finally rejected on 14-2-1968. Because of the delay or belated disposal, five months and 11 days were spent. He claimed that ...
Tag this Judgment!Smt. Chandra Kali Vs. Managing Committee Aryasamaj, Meerut and ors.
Court: Allahabad
Decided on: Apr-13-1987
Reported in: AIR1987All341
ORDERA. Banerji, J. 1. This is an application under Section 25 of the Official Trustees Act, 1913 read with Section 25 of the Administrators General Act, 1963. This is a proceeding under the supervisory jurisdiction of the Court underS. 25 of the Official Trustees Act. This case has been wrongly marked as Testamentary Suit. The petitioner states that she is a widow and has nobody in the family to support her. She claims to be a beneficiary of Shri Jyoti Swarup Trust, Meerut and is as such interested in the proper administration of the said Trust. It may be noted that the applicant is a widow of Sri Jamuna Prasad Mishra, resident of village Kakraha, P.O. Atrampur, district Allahabad. 2. It is stated that one Shri Jyoti Swarup son of Munshi Jawahar Singh, resident of Mohalla Chipiwara, Meerut executed a registered Will dated 26th April, 1936 creating a trust of his entire immovable properties for the benefit of widowed women on the terms and conditions mentioned in the Will itself, Shri ...
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