Allahabad Court April 1988 Judgments
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Kapri International Pvt. Ltd. Vs. Assistant Collector (Prev.) C.E. and ...
Court: Allahabad
Decided on: Apr-05-1988
Reported in: 1988(36)ELT80(All)
V.K. Khanna, J.1. After filing of the writ petition, in pursuance of interim direction given by this Court the Collector, Central Excise, Meerut (respondent No. 2) has decided the matter vide his order dated 18.1.1988. It cannot be disputed, that against the aforesaid order of the Collector, Central Excise, Meerut an appeal lies to the appellate Tribunal within a period of three months. Admittedly the period of limitation for filing the appeal has also not expired and in our opinion in case the petitioner feels aggrieved by the order passed by the Collector, Central Excise, Meerut, he should pursue his statutory remedy by filing an appeal before the appellate Tribunal.2. Learned counsel for the petitioner has raised an apprehension that the petitioner will have to deposit the entire amount levied under the impugned order passed by the Collector, Central Excise, Meerut. The petitioner will be entitled to file an application under Section 35F of the Central Excises and Salt Act, 1944 for...
Music Time Electro Cottage Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Apr-05-1988
Reported in: 1988(18)LC639(Allahabad); 1988(38)ELT19(All)
V.K. Khanna, J.1. On 6.8.1986 a preventive party led by the Assistant Collector (Preventive) Central Excise Allahabad raided the business premises of M/s. Music Time Electro Cottage and M/s. Dinesh Video Cassette. The raiding party recovered and seized 27 wrist watches alleged to be of foreign make from the premises of M/s. Music Time Electro Cottage. 24 Cassettes of tape recorder and 185 V.C.R. Cassettes alleged to be of foreign origin were recovered and seized from the premises of M/s. Dinesh Video Cassette. A show cause notice dated 20.1.1987 addressed to both the firms was issued by the Assistant Collector Central Excise Allahabad requiring them to show cause as to why the seized goods be not confiscated under Section 111 of the Customs Act and why penalty be also not imposed on them under Section 112 of the aforesaid Act.2. On 17.2.1987 the petitioner moved an application for separating the cases for adjudication by the proper competent authority. No orders were passed by the Assi...
Commissioner of Sales Tax Vs. Jrusgu Discs Private Ltd.
Court: Allahabad
Decided on: Apr-05-1988
Reported in: [1988]71STC436(All)
R.R. Misra, J.1. This revision has been filed against an order dated 30th June, 1986 passed by a Division Bench of the Sales Tax Tribunal under which it has been directed that the appeal be listed for hearing before a single Member Bench.2. Admittedly, the second appeal is still pending before the Tribunal. Learned counsel for the assessee has raised a preliminary objection regarding maintainability of this revision in this Court. After hearing learned counsel for the parties, I find that there is considerable force in the said preliminary objection. Under Sub-section (1) of Section 11 of the U. P. Sales Tax Act (hereinafter referred to as 'the Act') a revision lies before the High Court only against an order passed under Sub-section (4) or (5) of Section 10 of the Act. From a bare reading of the aforesaid Sub-sections (4) and (5) of Section 10, it is clear that the orders contemplated by the said two sub-sections are final orders which finally dispose of the appeal before the Tribunal...
All India Council and anr. Vs. Assistant Registrar, Firms, Societies a ...
Court: Allahabad
Decided on: Apr-04-1988
Reported in: AIR1988All236
A.N. Varma, J.1. This petition is directed against the order dated 23-12-87 passed by the Asstt. Registrar. Firms Societies and Chits. Varanasi purporting to determine a dispute relating to the election or continuance in office of certain office-bearers of a Society called Bharat Dharm Mahamandal. The petitioners contend that the impugned order is completely void as the Assistant Registrar had no jurisdiction to decide the dispute himself in view of Section 25 of the Societies Registration Act as amended by the State Legislature. The order is also assailed on merits but we do not propose to comment on the same in view of the fact that we are upholding the objection of the petitioners as regards the jurisdiction or more appropriately the lack of it of the Assistant Registrar.2. Bharat Dharm Mahamandal is a Society registered under the Societies Registration Act, 1860. The society has been established for the purpose of promoting Hindu Religious Education in accordance with the Sanatan D...
Radha Vs. Ashok Kumar and ors.
Court: Allahabad
Decided on: Apr-01-1988
Reported in: 1(1989)ACC80
K.C. Agarwal, J.1. This appeal Under Section 110-D of the Motor Vehicles Act has been preferred by Smt. Radha against the judgment and award of the Motor Accidents Claims Tribunal, Bijnor, dated May, 23, 1979, rejecting her claim petition.2. Hoshiar Singh, the husband of Smt. Radha who was aged about 45 years, was watching the procession of Ravi Das Jayanti at about 5 p.m. on February 4, 1977, when Anis, driver of Truck No. UPN 1884 own by Ashok Kumar and Murari Singh, came driving rashly and negligently the aforesaid truck and ran over the same on Hoshiar Singh'. He died on the spot. Immediately at about 6-15 p m. a first information report was lodged mentioning the number of truck (UPN 1884) with which the accident was alleged to have taken place. Hoshiar Singh was employed in the sugar mills as Palledar.3. The claim petition was contested by a joint written statement filed on behalf of Ashok kumar and Murari Singh. Murari Singh denied that he owned the aforesaid truck No. UPN 1884 a...
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