Allahabad Court January 1988 Judgments
Raeesa Begum Vs. Shabbir Ahmad
Court: Allahabad
Decided on: Jan-30-1988
Reported in: II(1990)DMC241
K.N. Singh, J.1. This revision application under Section 397 Cr.P.C, is directed against the order of IV Additional Sessions Judge, Pilibhit, dated August 6, 1980, modifying the order of the II Additional Munsif Magistrate, Pilibhit, dated April 23, 1980.2. Briefly, the facts giving rise to this revision are that Smt. Raeesa Begum, applicant, was married to Shabbir Ahmad, opposite party. They got one son and two daughters. Somewhere in the month of July 1976, the applicant went to her parent's house. While she was proceeding there, her husband, opposite party, detained two children but the minor daughter was allowed to accompany the applicant. While she was staying with her parents she sent several messages to her husband for taking her to his house, but he refused to call her. Ultimately, she herself went to her husband's house, but he did not allow her to enter his house, instead he and his brother Siddiq beat her and she was not allowed to stay in the house. In August, 1977 the appl...
Tag this Judgment!income-tax Officer Vs. Gulab Rai Govind Prasad
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jan-29-1988
Reported in: (1989)28ITD413(All.)
1. The appeal by the revenue and cross-objection by the assessee relate to the assessment year 1981-82 and are directed against the order of the OIT (Appeals) dated 8th January, 1985. 1. That the learned CIT(A) has erred on facts and in late (sic) in holding that the assessment framed Under Section 143(3)/144B is vitiated and in setting aside the case. 2 . That the learned CIT(A) failed to appreciate the scheme of Section 144B of the Act to the effect that the proceedings before the ITO concluded with the sending of the draft assessment order to the assessee. 3. That the learned CIT(A) has erred in law and on facts of the case in not giving its plain and natural interpretation to the pro visions of Section 129 of the Act which provide for continuation of proceedings which have been left by the predecessor, there being no proceedings left by the predecessor for successor inasmuch as the proceedings before the ITO concluded with the forwarding of draft assessment order to the assessee, ...
Tag this Judgment!Padma Devi Etc. Vs. the U.P. State Road Transport Corporation Etc.
Court: Allahabad
Decided on: Jan-29-1988
Reported in: 2(1988)ACC184
K.C. Agarwal, J.1. The appeal under Section 110-D of the Motor Vehicles Act arises from the judgment of the Motor Claims Tribunal Nainital dated 31st July 1979, rejecting the claim of the appellants for recovery of Rs. 100000/- under Section 110-A of the Motor Vehicles Act for the accident which resulted in the death of Bachchi Singh. The appellants are the married daughters of the deceased.2. The claim made was on the basis that the deceased Bachchi Singh was travelling by Bus No. USR 2952 owned by the U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) of Haldwani Depot Driven by Kishan Singh from Satbunga to Kathgodam, when the same met with an accident by falling in the khad. On account of the accident, Bachchi Singh received serious injuries and when taken to the hospital, he succumbed to them. The appellants asserted that the accident occurred due to the rash and negligent driving of the Bus by Kishan Singh. Therefore, the appellants were entitled t...
Tag this Judgment!inspecting Assistant Vs. Renusagar Power Co.
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Jan-28-1988
Reported in: (1989)28ITD439(All.)
1. The abovementioned two appeals have been filed by the Department.These appeals were, for the sake of convenience, consolidated and heard together. After considering the rival submissions, these appeals are being disposed of as under : 2. These appeals pertain to assessment years 1976-77 and 1977-78. The previous years relevant to these assessment years ended on 31-12-1975 and 31-12-1976 respectively. The assessee is a limited company. It is a cent per cent subsidiary of M/s. Hindustan Aluminium Corporation Limited. The business of the assessee-cOmpany is the production of electricity. It supplies electricity generated by it to M/s. Hindustan Aluminium Corporation Limited.3. The first ground raised by the Department in these two appeals is that the CIT(A) had erred in allowing deduction for the loss due to fluctuation in the rate of exchange.4. The assessee had purchased plant and machinery from M/s. General Electric Co., New York, on deferred payment basis. The payment of the insta...
Tag this Judgment!Vidya Bhan Prakash Vs. the Second Additional District Judge, Mathura a ...
Court: Allahabad
Decided on: Jan-28-1988
Reported in: AIR1988All204
ORDERR.R. Misra, J.1. As a consequence of filing of Original Suit No. 452 of 1967, Smt. Indra Rani (respondent No. 3), hereinafter referred to as the decree-holder, obtained a moneydecree against Sri Nepal Singh, hereinafter referred to as the judgment-debtor. Vide Execution Case No. 47 of 1971 she put the said decree in execution by attachment and sale of a house situate in the town of Goverdhan in Mohalla Danghat in the district of Mathura. The first auction was to be held on 6th May 1972. Before the same could be held, the judgment-debtor filed an application dated 4th May 1972 stating therein that he is prepared to pay the entire decretal amount within a period of two months and in case he failed to do so, the attached property may be sold. The judgment-debtor could not pay the decretal amount within the aforesaid time and, therefore, he moved another application dated 5th March 1973 along with an undertaking that in case he fails to pay the amount within the time set out by the co...
Tag this Judgment!Smt. Sarla Devi and ors. Vs. Jhangi Ram and ors.
Court: Allahabad
Decided on: Jan-28-1988
Reported in: [1989]65CompCas654(All)
K.C. Agrawal, J. 1. This is an appeal under Section 110D of the Motor Vehicles Act, 1939, by the dependants of the deceased, Daya Nand Sharma, claiming compensation for his death on the ground that while he was driving a vehicle belonging to the U. P. Government Roadways, it collided with truck No. 61--1463 and in that he lost his life. The appellants claimed that the accident occurred due to rashness and negligence of the truck driver. The appellants had claimed Rs. 1,00,000 as compensation.2. The claim petition was contested by the owner of the truck on the ground that as the appellants had already been awarded compensation under the Workmen's Compensation Act, the petition filed under Section 110A of the Motor Vehicles Act was not maintainable.3. The Motor Accidents Claims Tribunal decided the aforesaid controversy against the appellants and holding that as compensation underthe Workmen's Compensation Act had already been awarded to the appellants, rejected the claim petition afores...
Tag this Judgment!Sarla Devi and ors. Vs. Jhangi Ram and ors.
Court: Allahabad
Decided on: Jan-28-1988
Reported in: 2(1988)ACC154
K.C. Agrawal, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act by the dependents of the deceased Daya Nand Sharma claiming compensation for his death on the ground that while he was driving a vehicle belonging to the U.P. Government Roadways it collided with Truck No. 61-1463 and in that he lost his life. The appellants claimed that the accident occurred due to rashness and negligence of the truck driver. The appellants had claimed Rs. 1,00,000/- as compensation.2. The claim petition was contested by the owner of the truck on the ground that as the appellants had already been awarded compensation under the Workmen's Compensation Act, the petition filed under Section 110-A of the Motor Vehicles Act was not maintainable.3. The Motor Claims Tribunal decided the aforesaid controversy against the appellants and holding that as the compensation under the Workmen's Compensation Act had already been awarded to the appellants, rejected the claim petition aforesaid.4. Aggriev...
Tag this Judgment!Union of India (Uoi) Vs. Dhanraji Devi and ors.
Court: Allahabad
Decided on: Jan-25-1988
Reported in: 2(1988)ACC25
N.N. Mithal, J.1. Union of India has come up in appeal against an award of the Motor Accidents Claims Tribunal awarding a sum of Rs. 50,000/- to the claimants. According to the claimants two cyclists were going in front of the Military truck belonging to the appellant which hit one of the cyclists as a result of which that cycle collided with the other cycle on which the deceased was riding on the pillion. As a result of this collision the pillion driver sustained fatal injuries hence the claimants filed the petition claiming rupees one lac as compensation.2. Sri Shekhar Srivastava has raised only one question before the Court in support of this appeal. According to him there was no collision between the truck and the cycle on which the deceased was travelling. Since the truck had only hit the other cyclist the deceased did not meet his death due to an accident caused by use of the motor vehicle belonging to the appellant.3. under Section 110-A claim for compensation in respect of the ...
Tag this Judgment!Kashi Nath Prasad Vs. Tata Engineering and Locomotive Company and ors.
Court: Allahabad
Decided on: Jan-21-1988
Reported in: 2(1988)ACC15
N.N. Mithal, J.1. This is employer's appeal Section 30 of the Workmen Compensation Act against the order of the Workmen Compensation Commissioner, Gorakhpur awarding compensation to the workman for permanent total disablement of his right hand.2. The facts are not in dispute. What has been contended is that according to the doctor's evidence there was only 50% reduction in the earning capacity of the workman while the Workmen Compensation Commissioner has awarded compensation for total disablement. Learned Counsel submitted that only palm and fingers of the right hand had been crushed which cannot result in total reduction of his earning capacity.3. under Section 4 of the Act compensation which is to be awarded in cases of total permanent disablement and temporary disablement has been provided. In the case of permanent total disablement workman is to be granted compensation according to the table given in schedule 4 pertaining to respective age group. According to Section 4(c) where pe...
Tag this Judgment!Uttar Pradesh State Road Transport Corporation Vs. Haseen Fatma and or ...
Court: Allahabad
Decided on: Jan-21-1988
Reported in: 2(1988)ACC209
K.C. Agrawal, J.1. This appeal under Section 110-D of the Motor Vehicles Act has been filed by the Uttar Pradesh State Road Transport Corporation against the judgment of the Motor Accident Claims Tribunal Allahabad, awarding Rs. 1,50,000/- to the respondents account of the damages suffered by them due to death of Zahir Ahmad alias Bachcha Miyan. Zahir Ahmad is the husband of respondent No. 1 whereas father of the respondents Nos. 2 to 10.2. At about 7 a.m. on May 19, 1976, Zahir Ahmad was going by a cycle infront of Tahsil Phoolpur on the eastern patri on Jaunpur-Allahabad load when bus, belonging to the Uttar Pradesh State Road Transport Corporation, No. UPZ 9549 suddenly came from behind and bit him; as a result of which the deceased fell down on the ground and having received serious injuries instantaneously died on the spot. The respondents there after filed a claim petition stating that the deceased was contributing Rs. 700/- to 800/-per month to the family and on account of his d...
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