Allahabad Court August 1989 Judgments
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Anardevi and ors. Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Aug-09-1989
Reported in: II(1990)ACC277
N.N. Mithal, J.1. Having heard the learned Counsel for the appellants and on perusal of the award of the Motor Accident claim Tribunal, Agra, we are not at all satisfied that this appeal has any merit.2. The only point raised in the appeal is that the amount of compensation awarded by the Motor Accident claim Tribunal, Agra, was inadequate and the Tribunal has not considered the income which the deceased used to derive from the milk business and from cultivation. We find both these points have been considered by the Tribunal. There is no evidence on record to show that any land stood in the name of the deceased. There is also no reliable evidence that milk business has suffered on account of the death of Bhagwan Singh deceased.In this view of the matter this appeal fails and is accordingly dismissed at the state of admission....
Smt. Parvati Vs. Central Bank of India and Another
Court: Allahabad
Decided on: Aug-08-1989
Reported in: AIR1990All103
ORDERS.D. Agarwala, J.1. Heard learned counsel for the petitioner and learned counsel for the Bank.2. On 16th May 1989, time was granted to the Bank to file counter-affidavit. No counter-affidavit has been filed. Today learned counsel for the Bank sought for further time to file the counter-affidavit. In the interest of justice, we do not think it proper to grant any further time as the facts are not disputed.3. The petitioner's husband Sri Hira Lal made fixed deposits in the Central Bank of India for a sum of Rs. 80,000/- The total number of fixed deposits receipts were 25. The petitioner was shown as the nominee in all 25 fixed deposit receipts. Hira Lal died on 4th March, '88. Thereafter, the petitioner who was the widow of Hira Lal made a request to the Bank to permit her to withdraw the fixed deposit amount before the date of maturity as she was in urgent need of money because she required the money for her treatment.4. The Bank rejected the request of the petitioner on the ground...
Jagat Bahadur Vs. the District Supply Officer, Allahabad
Court: Allahabad
Decided on: Aug-08-1989
Reported in: AIR1990All113
ORDERA.N. Varma, J.1. The petitioner was an authorised retail distributor appointed by the District Supply Officer, Allahabad, for selling Government foodgrains and levy sugar under a written agreement containing the terms and conditions of retailership. He is aggrieved by the order dated June 22, 1989 passed by the District Supply Officer, Allahabad, terminating his retailership on the ground that in view of the facts stated in that order it would be against public interest to allow the petitioner to sell Government foodgrains.2. The order is challenged broadly on two grounds. One, that clause (16) of the agreement under which the impugned action has been taken is violative of Art. 14 of the Constitution of India in that it vests in the District Supply Officer an unbriddled and arbitrary power to terminate the retailership without assigning any reasons. Two, the impugned order visits the petitioner with civil consequences and consequently the same is liable to be quashed inasmuch as i...
Anita Kansal Vs. Sushil Kumar
Court: Allahabad
Decided on: Aug-08-1989
Reported in: I(1990)DMC56
K.P. Sinha, J.1. This is an application under Section 24 of the Code of Civil Procedure for transfer of the ease No. 12 of 1989 Sushil Kumar Kansal v. Smt. Anita Kansal pending in the court of the 'District Judge, Uttar Kashi to the court of the District Judge, Dehradun.2. The applicant seeks transfer of the case on the ground that, she would be beaten and tortured by the opposite party ; secondly on the ground that the opposite party himself had filed a case under Section 9 of the Hindu Marriage Act and when the applicant claimed maintenance under Section 24 of the aforesaid Act, the opposite party withdrew the writ and filed a case for divorce in the court of the District Judge, Uttar Kashi; thirdly, according to the applicant, the family of the opposite party permanently resides at Dehradun and that the opposite party often comes to Dehradun, therefore, on the ground of convenience of the parties it is but proper that the case filed by the opposite party in the court of the District...
Commissioner of Wealth-tax Vs. Ram Prakash
Court: Allahabad
Decided on: Aug-07-1989
Reported in: [1990]181ITR29(All)
K.C. Agrawal, Actg. C.J.1. As a consequence of a search on January 25, 1977, two additions of Rs. 25,000 and Rs. 68,743 were sustained in income-tax proceedings in 1977-78. The question in the instant case is, could the same be considered as wealth of the assessee for the assessment year 1976-77. The Tribunal found that there was no evidence on record that these amounts were available with the assessee in the year 1976-77. The Department is not right in saying that on the basis of the wealth found in the raid in the year 1977-78, the aforesaid figures shall be added for the year 1976-77.2. Consequently, the application is rejected....
Sudhir Kumar Shukla Vs. State
Court: Allahabad
Decided on: Aug-07-1989
Reported in: 1990CriLJ119
Madan Mohan Lal, J. 1. This is an appeal against the judgment and order dated 28-3-1978 passed by Sri Brahma Kishore, the then III Additional Sessions Judge, Kanpur by which he has convicted Sudhir Kumar Shukla under Section 302, I.P.C. and has sentenced him to imprisonment for life.2. About seven or eight years prior to this incident Shitla Prasad Misra deceased had lodged a first information report at Police Station Kotwali, Kanpur, against one Ashok Kumar alias Babban in connection with the murder of Uma Shanker alias Bare Babban which led to the prosecution of said Ashok Kumar and his three companions. On account of the same Ashok Kumar and his companions were aggrieved with Shitla Prasad Misra deceased. The appellant was said to be a member of the party of the said Ashok Kumar.3. Shitla Prasad Misra deceased and the appellant etc. were also involved in a case under Sections 107/117, Cr. P.C. On account of the same the relations between the parties were strained.4. According to the...
Oriental Insurance Co. Ltd., Haldwani Vs. Dhanram Singh and Others
Court: Allahabad
Decided on: Aug-04-1989
Reported in: 1990ACJ41; AIR1990All30; [1993]76CompCas624(All)
ORDERN.N. Mithal, J.1. A preliminary question as to the maintainability of the appeal has come up for consideration in the present appeal.2. On an award being made by the Motor Accidents Claims Tribunal under S. 110-B of the Motor Vehicles Act, 1939 (hereafter 'oldAct') on a date prior to 1-7-1989 an appeal purporting to be one under S. 110-D of the said Act was filed after 1-7-1989. It may be stated that the Motor Vehicles Act, 1988 (hereinafter referred to as the 'New Act') was enforced w.e.f. 1-7-1989 and under S. 217 of the new Act the 1939 Act was specifically repealed in the new Act an appeal is provided against the award of the Claims Tribunal under S. 173 but it is hedged in with a condition that such an appeal will not be entertained by the High Court by a person who is required to pay any amount under the award unless he deposits twenty five thousand rupees or fifty percent of the amount awarded, whichever is less.3. Sri A. B. Saran, learned Counsel for the appellant, submitt...
Smt. Vidyawati Vs. Satish Chandra Agarwal and Others
Court: Allahabad
Decided on: Aug-04-1989
Reported in: AIR1990All22
ORDER1. Heard Sri Navin Sinha, learned counsel for the applicant.2. It appears that Smt. Vidyawati, plaintiff-applicant, holds in her favour a decree, passed in Original Suit No. 486 of 19X8 between Smt. Vidyawati and Satish Chandra Agarwal and others, against the opposite parties. Sri Satish Chandra Agarwal, the defendant-opposite party, first set, in the instant revision, has applied for setting aside the said decree under O. IX, R. 13 of the Civil P. C. 1908, hereinafter called the 'Code'. The application of the opposite parly, first set, has been registered as Misc. Case No. 3 of 1989, giving rise to the instant revision. In the said case, the plaintiff-applicant filed an objection with regard to maintainability of the application of the opposite party, first set under O. IX, R. 13 of the Code and urged the court to decide the question of maintainability as preliminary question.3. After hearing the parties, the court below came to the conclusion that the disposal of the preliminary...
Swadeshi Cotton Mills Co. Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Aug-04-1989
Reported in: (1989)79CTR(All)87; [1989]180ITR651(All); [1989]47TAXMAN215(All)
R.K. Gulati, J. 1. This is a cross reference under Section 66(1) of the Indian Income-tax Act, 1922. The dispute relates to the assessment year 1961-62. During that year, the assessee, Swadeshi Cotton Mills Co. Ltd., carried on the business of manufacture and sale of yarn and cloth with its head office at Kanpur and branches at Pondicherry, Naini, etc. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following six questions for the opinion of this court:'(1) Whether, on the facts and circumstances of the case, the sum of Rs. 4,72,742 received by the assessee for surrender of import entitlements was rightly taxed as its income for the assessment year 1961-62 (2) Whether the finding of the Appellate Tribunal of the addition of Rs. 43,000 to the book results of the Pondicherry Unit stands vitiated because it does not take into account some relevant material and takes into account some irrelevant material and considerations ? (3) Whether, on the facts and in...
Uma Shanker Verma Vs. Superintendent, Central Jail and ors.
Court: Allahabad
Decided on: Aug-04-1989
Reported in: 1990CriLJ2114
S. Saghir Ahmad, J.1. The petitioner by means of this petition filed under Article 226 of the Constitution has challenged the order dated 24trh February, 1989 passed by the Central Government under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) under which the petitioner has been detained in the Central Jail, Naini, Allahabad. It may be stated that the petitioner was arrested at Lucknow by the Custom authorities on 18-1-1989 for an offence alleged to have been committed by him under Section 104/135 of the Customs Act.2. He was produced before the Chief Judicial Magistrate on 19-1-89 who remanded him to Judicial Custody. While the petitioner was in jail, the impugned order of detention dated 24th February, 1989 was served on him on 29th February, 1989.3. On 6th March, 1989 the petitioner made a representation through the Superintendent, Central Jail, Naini to the Central Government which was rec...
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