Allahabad Court March 1988 Judgments
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Deoki Nandan Agarwala Vs. Union of India (Uoi) Overruled
Court: Allahabad
Decided on: Mar-15-1988
Reported in: AIR1988All271
B.N. Sapru, J.1. Sri Deoki Nandan Agarwala who was a Senior Advocate, was appointed a permanent Judge of the Allahabad High Court, and assumed office on 17-11-1977. He retired on 4-10-1983 on attaining the age of 62 years.2. The Deputy Accountant-General (Pension) of the Office of the Accountant-General III (U.P.) Allahabad by his letter No. P. RS/I/214246/83-84/1980 Dt. 2-12-1983 (Annexure 1 to the writ petition) addressed to the Secretary to the Government, Ministry of Law and Justice, Department of Justice, North Block, New Delhi, calculated that he had put in service as a Judge of the Allahabad High Court for a period of 5 years 10 months and 17 days. The letter added that Sri Agarwala had elected to receive his pension under Paragraph 9 of Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954, (hereinafter to be referred to as 'the Act') as amended from time to time. The pension was calculated at Rs. 8,400-00 per annum with effect from 4-10-1983. ...
NavIn Chand Naithani and ors. Vs. Chandra Singh and ors.
Court: Allahabad
Decided on: Mar-11-1988
Reported in: II(1990)ACC205
G.K. Mathur, J.1. This first appeal from order, preferred by the claimants, is directed against the judgment and order dated 14th August, 1978 by which the Motor Accidents Claims Tribunal, Pauri, had dismissed their claim petition for Rs. 80,000/- as compensation under Section 110-A of the Motor Vehicles Act.2. The claimants who happened to be the heirs of B.N. Naithani, alleged that B.N. Naithani was travelling by bus No. UPS 9352, belonging to the U.P. State Road Transport Corporation, from Najibabad to Lansdowne on 13th July, 1975 and when the bus was about or 7km. from Lansdowne, it fell into a khadda due to rash and negligent act of the driver, Chandra Singh, opposite party No. 1 and as a result of the accident, B,N. Naithani received multiple injuries and died in the Military Hospital, Landsdowne. The deceased was employed as Employment Officer at Uttar Kashi and was getting a salary of Rs. 1,082.75 per month and was of 57 years of age. The claim was preferred against the driver ...
Radhika Devi Vs. U.P. State Road Transport Corporation and anr.
Court: Allahabad
Decided on: Mar-10-1988
Reported in: II(1990)ACC244
N.N. Mithal, J.1. This is an appeal by the claimant in a motor accident claim petition. Ashok Kumar, deceased, young son of the appellant, was fatally injured while boarding bus no. UPC 5576 belonging to the U.P. State Road Transport Corporation on 22.2.1982 at about 7.30 a.m. He was aged about 19 years and was a student of B.Sc. Part I.2. According to the case of the claimant, the bus in question was a city bus passing through Nadeshwar crossing while going to Kutchehri. The deceased wanted to board the bus and after giving a signal to the bus to stop, when the bus had slowed down, he caught hold of the handle and boarded the footboard but the driver suddenly speeded the bus as a result of which he fell down and was crushed under the wheels. There was initially a controversy as to whether the bus in question was really involved in the accident or not. However, the Claims Tribunal has recorded a clear finding that the bus was involved in the accident and blood stains were found on the ...
Hardev Kaur and ors. Vs. Rajasthan State Road Trans. Corpn. and ors.
Court: Allahabad
Decided on: Mar-02-1988
Reported in: 1990ACJ173
K.C. Agarwal, J.1. These three connected appeals have arisen out of the Motor Accident Claim No. 55 of 1977 and Motor Accident Claim No. 5 of 1978. Out of these two claims, Motor Accident Claim No. 55 of 1977 has been preferred by Hardev Kaur and her children, whereas Motor Accident Claim No. 5 of 1978 has been filed by Lt. Col. Avinash Bhalla. Both of these claims were preferred against Rajasthan State Road Transport Corporation and Ramesh Chandra Sharma, its driver.2. The aforesaid two claims were in respect of the accident which took place on 30.7.1977 at about 3.30 p.m. when the Ambassador car No. UPS 5843 driven by Major Dalip Singh was dashed against by Ramesh Chandra Sharma, the driver of the bus No. RSG 7487 of Rajasthan State Road Transport Corporation.3. On 30.7.1977, Major Dalip Singh was going to Delhi by his Ambassador car, along with his wife Hardev Kaur and his minor sons Jasminder Singh and Balwinder Singh. He had picked up Lt. Col. Avinash Bhalla from the Mess for goin...
Vishnu Saran Pandey Vs. Sunil Kumar Bhalotiya
Court: Allahabad
Decided on: Mar-01-1988
Reported in: AIR1988All194
ORDERA.P. Misra, J. 1. The aforesaid two revisions were filed by the defendant as against the impugned order dated 23rd July, 1987, by virtue of which his application for setting aside ex parte decree were rejected. Before the admission of the case this Court issued notice to the plaintiff/respondent and he having appeared and (filed) counter-affidavit to the affidavit accompanying stay application and rejoinder affidavit having been filed by the parties, it became desirable and accordingly the aforesaid two revisions are being disposed of finally after hearing learned counsel for the parties at the stage of admission. The impugned order dated 23rd July, 1987, disposed both the Misc. Case No. 4of 1986 (J.S.C.C Suit No. 12 of 1983) and Misc. Case No. 5 of 1986 (J.S.C.C. Suit No. 12 of 1983) by means of a common judgment. Since facts in the aforesaid two cases were identical, therefore, the appellate Court decided the case by a common judgment. Accordingly, the aforesaid two revisions ar...
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