Allahabad Court April 1989 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Markande Chand and ors. Vs. the State of U.P.
Court: Allahabad
Decided on: Apr-11-1989
Reported in: 1989CriLJ1735
S.I. Jafri, J.1. The instant appeal has been preferred by Markandey Chand, Taj Narain, Chand, Raj Narain Chand, Ram Bhajan Chand, Ram Kripal, Awadhesh, Bechan Yadav, Bela, Girja, Mulhu, Sudhakar Dutt Pandey, Chakdharadhari, Ramdhan, Kamla, Sri Krishan Tiwari, Dasgun and Chhotey Lal challenging their convictions and sentences recorded by Sri S.P. Lal, II Additional Sessions Judge, Gorakhpur vide his judgment and order dated 10th Dec., 1986 in Sessions Trial No. 62 of 1983, connected with S.T. No. 467 of 1982 and S.T. No. 598 of 1982. All the enumerted appellants were convicted under Sections 147 and 332/149, I.P.C. and they were sentenced to undergo R.I. for two years and three years respectively. Tej Narain Chand appellant was further convicted under Section 392, I.P.C. and sentenced to three years' R.I. coupled with a fine of Rs, 10,000/- and in default of payment of fine, he was sentenced to one year's simple imprisonment. Together with the appellants, Ram Garak Chand, Ram Sanchi, Na...
Benarsi Das and Sons Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Apr-11-1989
Reported in: 1989(25)LC473(Allahabad)
Anshuman Singh, J.1. This revision under Section 11 of the U.P. Sales Tax Act (hereinafter referred to as the Act) at the instance of assessee is directed against the judgment dated 24.6.1987 passed by Sales Tax Tribunal relating to assessment year 1978-79.2. Assessee is a registered dealer under the U.P. Sales Tax Act and is carrying on business of G.I. Pipes and pipe finings. Assessee claimed exemption in the assessment proceedings on the G. I. Pipes sold by him against Form 3-A to the tune of Rs. 42,940/- which was granted by the Sales Tax Officer by his order dated 13.1.1982. Assessing Authority initiated the proceedings under Section 21 of the Act on the ground that the assessee has sold G. I. Pipes and pipe fittings which are not covered under the entry of iron and steel and are unclassified items and as such are liable to tax. The Sales Tax Officer by his order dated 17.6.1982 withdrew the exemption granted to the assessee and levied tax at the rate of 8 per cent treating the co...
Mewa Ram Arun and anr. Vs. the State
Court: Allahabad
Decided on: Apr-07-1989
Reported in: 1989CriLJ2090
S.I. Jafri, J.1. The instant appeal has been filed by Mewa Ram Arun and Ram Naresh challenging their conviction under Section 161 I.P.C. and Section 342 IPC(?) and further under Section 5(2) of the Prevention of Corruption Act and sentence of two years' R.I. one year's R.I. and two years' R.I. respectively under the aforesaid Section 2 of the Penal Code recorded by Sri M. P.S. Tomar, Special Judge/Sessions Judge Gonda by his judgment and order dated 17-2-1986 in Special Case No. 1 of 1985. Along with the appellants, Ram Bhujarat Tewari (since acquitted) had also been put to trial, but he was acquitted by the trial court.2. To delineate the preliminaries, appellant Mewa Ram Arun was serving as Sub-Inspector of Police at Police Station G.R.P. Gonda on the relevant date and prior to 22-2-1984 as well whereas Ram Naresh, appellant and Ram Bhujarat Tewari (Acquitted) were serving as constables posted at the aforesaid Police Station.3. The complainant in the Instant case is Krishna Kumar Sha...
Satyadeo Singh Vs. Vidyawati and ors.
Court: Allahabad
Decided on: Apr-05-1989
Reported in: II(1989)ACC197
N.N. Mithal, J.1. During the pendency of the petition under Section 110-A of the Motor Vehicles Act, 1939 the claimant was awarded interim compensation under Section 92-A of the Act against the owner of the erring vehicle and the Insurance Company was absolved from its liability to reimburse the claimant in that behalf. Aggrieved by this order the claimant has come up in appeal contending that the Insurance Company was also liable to pay the interim compensation awarded as its liability was coextensive with that of the owner of the insured vehicle. Insurer resists this contention.2. A short question to be resolved in this appeal is as to the liability of the Insurance Company to reimburse the sum awarded by way of interim compensation under Section 92-A on the basis of 'no fault liability'? It may be recalled here that Chapter VII-A was introduced in the Motor Vehicles Act by No. 47 of 1982 with a view to provide immediate succor and relief to the family of the victim of a motor accide...
Rajiv Kumar Singh Vs. Lucknow University Through Its Registrar and ors ...
Court: Allahabad
Decided on: Apr-04-1989
Reported in: AIR1989All235
S.S. Ahmad, J.1. The petitioner's application dated 16-3-89 which was personally presented by him was treated to be a writ petition filed under Article 226 of the Constitution. Notice of this petition was issued to the Vice Chancellor of the Lucknow University and the Dean, Faculty of Science. The grievance raised in this petition is that the petitioner is not being admitted in the Ph.D. course, although he had passed M.Sc. (Physics) examination and was also declared successful in the 'Joint C.S.I.R., U.G.C., J.R.F. Examination 1987.'2. In response to the notices issued to the University authorities, Sri Umesh Chandra put in appearance and produced before us a Notice duly signed by the Vice Chancellor in his capacity as the Chairman of the Admission Committee and the Registrar as Secretary of the said Committee which reads as under-'The Admission Committee at its meeting held on April 1, 1989 considered the case of Sri Rajiv Kumar Singh for admission to'the Ph.D. programme in Physics o...
Brindawan Choubey Vs. Smt. Ram Sanwari
Court: Allahabad
Decided on: Apr-04-1989
Reported in: 1990CriLJ877
ORDERPalok Basu, J.1. The short question involved in this application under Section 482, Cr, P.C. is as to whether the husband applicant Brindaban Chaubey should or should not pay the arrears of maintenance allowance directed to be paid to Smt. Ram Sanwari, wife opposite party, by an ex parte order of the concerned Magistrate dt, 5-12-83. (5-2-83?)2. The facts are that on 17-6-1981 an application under Section 125, Cr. P.C. was moved by Smt. Ram Sanwari against the applicant on whom the summons were directed to issue. It appears that the applicant had. by then gone to the United States of America, regarding his employment. A letter by the Magistrate was sent to the Embassy Office concerned for effecting service on the applicant husband. In the case two other persons, namely, Smt. Malika Devi, sister of the applicant, and Anandi Prasad, her husband, were also arrayed as opposite parties. They filed a revision against the order of the Magistrate issuing process as against them through Sr...
Bachan Lal Vs. Dt. Asst. Registrar of Co-op. Societies and anr.
Court: Allahabad
Decided on: Apr-03-1989
Reported in: [1990(60)FLR243]; (1994)IIILLJ989All; (1990)1UPLBEC312
U.C. Srivastava, J.1. By means of this petition the petitioner, who was a Sachiv in a Co-operative Society, has challenged the order of termination of his services, dated August 17, 1983. As provided, a selection was held in accordance with the relevant rules and the petitioner was appointed as Sachiv on a clear vacancy on a substantive post on October 11, 1977 by the District Administrative Committee. Since the petitioner was appointed by direct recruitment, the probation period of two years as provided in Rule 27 of the relevant Rules was never extended and the petitioner continues regularly in the service since 1977 without any break.2. Learned counsel for the petitioner contends that before the passing of the impugned order of termination referred to above, the petitioner who was a confirmed employee and his services having been approved by the Cadre Authority and the petitioner having been serving since 1977, the petitioner's services could not be dispensed with on one month's not...
Wimco Limited Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Apr-03-1989
Reported in: 1989(43)ELT628(All)
R.M. Sahai, J.1. The only question that arises for consideration in this petition is if the claim of refund of excise duty paid by petitioner on certain goods which were exempted under notification was within time.2. Although facts are undisputed yet it is necessary to narrate them in brief in order to appreciate if the order passed by opposite parties is well founded in law. In June, 1977 notification was issued under Rule 8(1) of Central Excise Rules of 1954 framed under Central Excises and Salt Act,1954 (hereinafter referred to as Act) exempting all excisable goods, on which the duty on excise was leviable and in the manufacture of which any goods falling under Item No. 68 of the First Schedule of the Act referred to as inputs had been used from so much of the duty of excise leviable on it as was equivalent of the duty of excise already paid on the inputs. After the notification issued in June, 1977, therefore, Central Excise Collectorate, Allahabad issued instructions on 7th Decemb...
Sunera and ors. Vs. Sukhi Ram and ors.
Court: Allahabad
Decided on: Apr-03-1989
Reported in: II(1989)ACC358
K.C. Agarwal, J.1. This appeal under Section 110-D of the Motor Vehicles Act has been filed by the heirs and legal representatives of the deceased Heti against the judgment and order of the Motor Accident Claims Tribunal, Mathura, rejecting their claim petition under Section 110-A of the Act.2. The claim of the appellants was that on January 17, 1977 at about 8 a.m. Sukhi Ram (respondent No. 1) was transporting bricks in a trolly, driven by him, by the tractor No. RJI 1028 from village Dautana to Phalan district Mathura. Heti Ram bad been engaged as a labourer by Sukhi Ram, who set on it mud-guard. Sukhi Ram applied brakes to the tractor all of a sudden, as a result whereof Heti fell down from the mud-guard and came under one of the wheels of the running tractor. He was crushed and died. The appellants claimed (hat the deceased Heti was earning Rs. 500/- per month, therefore, the appellants were entitled to Rs. 90,000/-.3. Two written statements were filed--one by Jiwan Lal and the oth...
- ‹ Prev
- 1
- Next ›