Allahabad Court September 1988 Judgments
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Sri Prakash Vs. the State
Court: Allahabad
Decided on: Sep-21-1988
Reported in: 1990CriLJ486
Madan Mohan Lal, J.1. Criminal Appeal No. 1069 of 1977 has been filed against the judgment and order dt. 25-5-1977 passed by Sri Chaman Singh, the then Sessions Judge, Mathura by which he has convicted Sri Prakash appellant under Section 325, IPC and has sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - or in default thereof to further undergo rigorous imprisonment for three months.2. Criminal Revision No. 959 of 1977 has been filed by Bissa informant with a prayer that the sentence imposed on the accused-appellant should be enhanced.3. As both these appeal and revision arise from the same judgment, hence the same were heard together and are being taken up together for disposal in this judgment.4. According to the case of the prosecution on 14-3-1976, i.e. one day prior to the festival of burning of 'Holika', at about 8 p.m. in village Tentigaon, P.S. Surir, district Mathura five boys, namely Bachu deceased, Mohan, Mahendra, Devendra and Ram D...
Dany Dairy and Food Engineers Ltd. Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Sep-20-1988
Reported in: 1989(20)ECC168
ORDERB.N. Misra, J.1. Upon hearing Learned Counsel for the petitioner and learned Senior Standing Counsel for the respondents, this writ petition is disposed of finally with the direction that the Collector (Appeals), Central Excise, New Delhi respondent No. 2, shall consider afresh the stay application dated 24-5-1988 filed by the petitioner only in respect of misc. machinery equipments, without prejudicing the appeal, limited to the question whether the petitioner has made out a case for stay under the law keeping in view Notification No. 213 dated 25-3-1986 along with other relevant Rules and notifications. The order passed by the respondent No. 2, after considering the stay application afresh, shall be supported by reasons. The stay application shall be disposed of within 3 weeks from the date a certified copy of this order is produced before the respondent No. 2 by the petitioner and as undertaken the petitioner shall file a certified copy of this order within 10 days from today.2...
Thakur Ram Lakshman Janki Virajman Mandir Sarbarakar Ram Nath and anr. ...
Court: Allahabad
Decided on: Sep-16-1988
Reported in: AIR1989All6
ORDERB.L. Yadav, J.1. Whether the court on an application for restitution can pass an order in terms of compromise, alleged to have been filed by the parties before the decision or the proceedings for restitution have to be decided independent of the compromise application, is the short question for determination in the present petition filed by the plaintiffs, the petitioners who have obtained an ex parte order on 19-9-85 and got actual possession in respect of the accommodation on 23-4-86 in a small cause court suit for arrears of rent and damages and mesne profits, filed by them against respondent Nos. 2 and 3, and the suit was restored on 26-10-87 on payment of Rs. 300/- as cost. Thereafter it became necessary on the application of respondent Nos. 2 and 3 to deliver back the possession to them, which was obtained by the petitioners in execution of the decree dated 19-9-85. Under these circumstances, the application for execution moved by respondent Nos. 2 and 3 under Section 144 (o...
Dr. Rashmi Kant Misra Vs. G.S.V.M. Medical College, Kanpur and ors.
Court: Allahabad
Decided on: Sep-16-1988
Reported in: AIR1989All55
Ravi S. Dhavan, J. 1. The first impression which this Court get after concluding the hearing of this case, is that the issues raised in the two writ petitions could have been avoided if those responsible for granting admissions to courses known as super specialities at the medical colleges had not overlooked the decision of the Supreme Court in re Pradeep Jain v. Union of India, AIR 1984 SC 1420. Super Specialities is the course for which candidates must have a degree in M. D. or M. S., it is otherwise known as D.M. by the Medical Council of India. 2. The admission to these courses is by merit and no other criteria. The Supreme Court even went to the extent of observing that in courses like super specialities there would be no reservation whether institutional or other. The reason being, the Supreme Court laid down, that these Were disciplines where only the best and no other reservation could save a seat for a candidate. Thus, before this Court could examine any other matter, parties ...
In Re: All India Defence Accounts Association
Court: Allahabad
Decided on: Sep-12-1988
Reported in: (1988)74CTR(All)41; [1989]175ITR494(All); [1989]43TAXMAN216(All)
Om Prakash, J.1. The petitioners, broadly categorised as Central Government employees, employees of Central Government undertakings, bank employees, State Government employees and General Insurance employees, dispute the taxability of various allowances, namely, dearness allowance, city compensatory allowance, house rent allowance, leave encashment linked with leave travel concession, running allowance, night allowance, etc., in this batch of 20 writ petitions which, for the sake of convenience, are consolidated and disposed of together.2. Sri V.B. Upadhyaya argued Writ Petition No. 328 of 1988 filed on behalf of the All India Defence Accounts Association, Poona (Allahabad Branch), and a few other writ petitions on behalf of the petitioners. As he advanced arguments at great length in regard to dearness allowance and house rent allowance, his arguments relating to these allowances were adopted by the other learned counsel for the petitioners.3. The submission of Sri Upadhyaya is that t...
Commissioner of Wealth-tax Vs. S.N. Kacker
Court: Allahabad
Decided on: Sep-09-1988
Reported in: (1988)74CTR(All)83; [1989]175ITR129(All); [1988]41TAXMAN204(All)
Amarendra Nath Varma, J.1. The following question has been referred to us for our opinion at the instance of the Commissioner of Wealth-tax, Lucknow :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the value of the books owned by the assessee was exempt from wealth-tax under Section 5(1)(xii) of the Wealth-tax Act, 1957, in its entirety and not to the extent of Rs. 20,000 only within the meaning of Section 5(1)(x) of the same Act ?'2. The assessee, a leading senior advocate, then also the Advocate-General of the State of Uttar Pradesh, owned law books of the value of Rs. 28,944 for use in his profession. In his wealth-tax return for the assessment year in question, namely, 1972-73, he claimed that the value of such books was totally exempt from wealth-tax under Clause (xii) of Section 5(1) of the Wealth-tax Act, 1957. The Wealth-tax Officer, however, allowed him exemption to the extent of Rs. 20,000 only, treating the assets compr...
Ram Niwas Vs. State of U.P.
Court: Allahabad
Decided on: Sep-09-1988
Reported in: 1990CriLJ460
ORDERPalok Basu, J.1. This is an application under Section 482, Cr. P.C. by Ram Niwas praying that order dt. 17-6-1988 passed by IX Addl. Sessions Judge, Aligarh, in Sessions Trial No. 926 of 1987 (under Sections 302/34, IPC) summoning the applicant as an accused in exercise of powers conferred through Section 319, Cr. P.C., be quashed.2. It appears that on 22-5-1987, one Smt. Ram Devi lodged an F.I.R. at P. S. Mursan, District Aligarh to the effect that Tofaram, her husband was assaulted by lathi at the behest of the applicant Ram Niwas and three other accused namely Nanak Chand, Ram Babu and Smt. Prema. Though this F.I.R. was initially taken down under Section 323, IPC, on the death of Tofaram, it was converted into Section 304, IPC. After investigations, the police submitted a charge-sheet only against Nanak Chand, Ram Babu and Smt. Prema. The applicant was excluded and a Final Report was filed against him. After due committal proceedings, the said thres accused were being tried by ...
Oriental Fire and General Insurance Co. Ltd., New Delhi and anr. Vs. L ...
Court: Allahabad
Decided on: Sep-08-1988
Reported in: AIR1989All80
K.C. Agrawal, J. 1. These three connected appeals arise from the judgment of the Motor Accidents Claims Tribunal, Fatehpur, dated 21-2-1979, deciding Claim Petition No. 1 of 1977. The Tribunal partly awarded the claim of Lalta Prasad Srivastava against Rohtas Chandra Gupta, Rama Shanker Sharma, and M/s. Oriental Fire and General Insurance Company Limited, New Delhi. Against the aforesaid award, the three parties felt aggrieved and have filed three appeals in this Court. The details of these three appeals are being given below :1. FAFONo. 407 of 1979, OrientalFire F General Insurance Co. Ltd v. Lalta Prasad Srivastava; 2. FAFO No. 581 of 1979, Lalta Prasad Srivastava v. Rohtas Chandra Gupta; 3. FAFO No. 728 of 1982, Rohtas Gupta v. Lalta Prasad Srivastava. 2. Lalta Prasad Srivastava was the Principal of Chandra Bhan IntermediateCollege, Damapur, Fatehpur. He wasreceiving a monthly salary of Rs. 1300/- inFeb. 1977, when the accident occurred. Hewas 39 years of age at that time and had se...
Oriental Fire and General Insurance Company Ltd. and anr. Vs. Lalta Pr ...
Court: Allahabad
Decided on: Sep-08-1988
Reported in: 1(1989)ACC115
K.C. Agrawal, J.1. These three connected appeals arise from the judgment of the Motor Accidents Claims Tribunal. Fatehpur dated 21-2-1979 deciding Claim Petition No. 1 of 1977. The Tribunal partly awarded the claim of Lalta Prasad Srivastava against Rohtas Chandra Gupta, Rama Shanker Sharma, and M/s Oriental Fire and General Insurance Company Limited New Delhi Against the aforesaid award, the three parties felt aggrieved and have filed three appeals in this Court. The details of these three appeals are being given below:1. F.A.F.O. No. 407 of 1979Oriental Fire and General Insurance Co. Ltd.v.Lalta Prasad Srivastava2. F.A.F.O. No. 581 of 1979Lalta Prasad Srivastava v. Rohtas Chandra Gupta3. F.A.F.O. No. 728 of 1982Rohtash Gupta v. Lalta Prasad Srivastava2. Lalta Prasad Srivastava was the Principal of Chandra Bhan Intermediate College, Damapur, Fatehpur. He was receiving a monthly salary of Rs. 1300/- in February 1977, when the accident occurred. He was 39 years of age at that time and h...
Dharamvir and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Sep-02-1988
Reported in: 1990CriLJ839
Madan Mohan Lal, J.1. This is an appeal against a judgment and order dated 4-5-1978 passed by Sri N. N. Sharma, the then Sessions Judge, Moradabad by which he has convicted all the four appellants under Section 302/34, I.P.C. and has sentenced each of them to imprisonment for life and has further convicted Vijai Pal and Chhotey Singh under Sections 307/34, I.P.C. and has sentenced each of them to undergo rigorous imprisonment for seven years. Both the sentences were, however, ordered to run concurrently.2. Dharamvir and Dharam Pal appellants are real brothers. They are residents of village Javra, to which place Phool Singh deceased also belonged. They were friendly to the remaining two appellants. All the appellants are Jats.Jaipal was the elder brother of Phool Singh deceased. He was a person of low intelligence. About two years prior to the occurrence Dharamvir and Dharam Pal appellants got their cousin Vijai Singh married to Smt. Ramesh, daughter of Jaipal despite the objection of P...
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