Allahabad Court November 1990 Judgments
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Prabhari Adhikari Nagar Palika and anr. Vs. Ramesh Chandra and ors.
Court: Allahabad
Decided on: Nov-16-1990
Reported in: [1991(62)FLR265]; (1992)ILLJ639All; (1991)1UPLBEC203
D.P.S. Chauhan, J.1. The petitioners, while invoking extraordinary jurisdiction of this Court under Article 226 of Constitution of India, have impeached an award of the Labour Court, Agra, dated October 23, 1983, in Adjudication Case No. 86 of 1981, seeking relief for issuance of a writ in the nature of certiorari quashing the same.2. The facts of the case, in brief, as set up by [he parties and relevant to the controversy in the present case, are:(a) The services of Sri Ramesh Chandra (Respondent No. 1), who was appointed on a permanent post of Sweeper in the Municipal Board, Sirsagani, District Mainpuri (hereinafter referred to as 'the Municipal Board'), were terminated illegally on January 23, 1980, on account of his union activities, through a verbal order whereby he was required for not turning up on duty w.e.f. January 24, 1980, but despite his having reported on duty, as usual, was not allowed to do work. The termination was said to be bad as neither any notice nor any charge-sh...
Naresh Chand JaIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-16-1990
Reported in: 1991CriLJ1888
ORDERD.P.S. Chauhan, J.1. By means of the present petition Under Section 482, Cr. P.C., 1973 (hereinafter, for brevity, referred to as Cr. P.C.), the petitioner has sought the relief for quashing of the complaint in case No. 172 of 1980, Sheo Kumar v. Naresh Chand Jain Under Section 500 of the Penal Code (hereinafter, for brevity, referred to as I.P.C.) pending in the court of Judicial Magistrate Kathras, District Aligarh.2. The background leading to the filing of the complaint, in question, is the acquittal of Sri Sheo Kumar in case No. 2034 of 1974 from the charge Under Section 406, IPC by the Judicial Magistrate Meerut under its order dated 14-7-1980. It was on the basis of the FIR dated 15-5-77 lodged by the petitioner at Police Station Civil Lines Meerut against Sheo Kumar, the driver of the petitioner's Mini Bus No. UTG-837 plying on the City Railway Station to Medical College route on the basis of the permit, who took-away the said Bus on the pretext of getting it repaired but d...
Oriental Fire and General Ins. Co. Ltd. and ors. Vs. Manju Goel and or ...
Court: Allahabad
Decided on: Nov-16-1990
Reported in: I(1992)ACC235; 1991ACJ882
K.K. Birla, J.1. This is an appeal against the award dated 17th May, 1980 passed by the Motor Accidents Claims Tribunal, Mathura, decreeing the claim for Rs. 1,09,500/- against the opposite parties and the total compensation payable by the Oriental Fire & Genl. Ins. Co. Ltd. (hereinafter referred as 'the insurance company').2. Ramesh Chand Goel aged about 24 years died on account of the accident on 23.4.1977. In brief, he was going on motorbike from Refinery Mathura to Mathura and truck No. MPG 9893 driven by Mohan Singh and owned by Ajayab Singh was coming from the opposite side with great speed. It hit the motor cycle at about 3.45 p.m. causing serious injuries to Ramesh Chand Goel. Ramesh Chand deceased died on way to the hospital. From the evidence on record the Tribunal found that the accident was caused on account of the rash and negligent driving of the truck driver. This has not been disputed before us.2-A. Ramesh Chand deceased was a Government contractor of First Class and ha...
Geep Industrial Syndicate Ltd. Vs. Collector of Central Excise
Court: Allahabad
Decided on: Nov-16-1990
Reported in: 1991LC263(Allahabad); 1992(58)ELT443(All)
ORDERB.P. Jeevan Reddy, C.J.1. The petition is directed against the order dated 14th April, 1989 communicated by the Assistant Collector, Central Excise Division, Allahabad. The said order was passed upon an application filed by petitioner under sub-rule (11) of Rule 173C of the Central Excise Rules.2. The petitioner is manufacturer of dry battery torches. The body of the torches is made of aluminium. The petitioner says that while moulding and manufacturing the torches, certain quantity of scrap (cuttings) is obtained which is not useful for any purpose of the petitioner. The petitioner says that as and when sufficient quantity of scrap is collected in his premises, he sells it. There are persons known as 'Kabaris' who come and purchase the same. The petitioner says there is no fixed price for this scrap which is treated as 'waste'. The price depends upon negotiations that take place on each occasion. It is for this reason, the petitioner says, he could not file the price list for the...
The State of U.P. and Others Vs. Smt. Dhan Kunwar Alias Khema Devi and ...
Court: Allahabad
Decided on: Nov-15-1990
Reported in: 1992ACJ81; AIR1991All186
ORDERR.R.K. Trivedi, J.1. This appeal has been preferred against the award dated 22nd March, 1980 given by Motor Accident Claims Tribunal, Bareilly in Claim Petition No. 5 of 1978 filed by respondents 1 to 4.2. The facts in brief giving rise to the aforesaid Claim Petition are that on 6-12-1977 at about 8.30 p.m., one Sri Honkeshwar Singh who was employed as a Mistri in the Wagon-shed of North-Eastern Railways, Izzatnagar, Bareilly was hit by Jeep No. USE 6123 which was driven by respondent 5, Prem Singh Rawat. Sri Honkeshwar Singh was aged 35 years, who was badly injured and succumbed to the injuries after about two hours of the accident. Jeep was owned by the appellants and at the relevant time it was in possession of the Sales-tax Department of U.P. State. The Claim Petition was filed by the widow of the deceased Hari Singh and Devi Singh, his two minor sons and Smt. Kethi Devi, the mother of the deceased. The case of the claimants was that the deceased was going on a bicycle on the...
Mansa Ram and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-15-1990
Reported in: [1991]191ITR46(All)
B.P. Jeevan Reddy, C.J.1. Under Section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following two questions :'1. Whether, on the facts and circumstances of the case, the Tribunal was legally correct to hold that the amounts borrowed by the assessee during the course of the banking business were not utilised in the construction of properties and, accordingly, the interest payable amounting to Rs. 86,709 was not permissible deduction under Section 24(1)(vi) of the Income-tax Act, 1961, against the income from house properties ? 2. Whether, on the facts and circumstances of the case, the Tribunal was justified in disallowing the sum of Rs. 1,24,849 bring business loss for the year under consideration, the same being composed of the following items. (a) Interest on decretal amounts. (b) Interest payable on old deposits. (c) Litigation expenses incurred during the year under consideration. (d) Establishment charges. (e) Other incidental expenses incurred by the interim...
Commissioner of Wealth-tax Vs. Udai Saroj Shah and Arun Prakash Shah
Court: Allahabad
Decided on: Nov-15-1990
Reported in: [1991]190ITR652(All)
B.P. Jeevan Reddy, C.J.1. The question referred under Section 27(3) of the Wealth-tax Act, 1957, in this case roads as under :'Whether, on the facts and in the circumstances, on a correct interpretation of Section 5(1)(viii) read with Explanation 1 of the Wealth-tax Act, unstudded ornaments of precious metals fall within the purview of the term 'jewellery' or not ?'2. This issue has been settled by a division Bench of this court in CWT v. Maharaja Vibhuti Narain Singh : [1979]117ITR246(All) . It has been held by the Division Bench that even prior to the introduction of Explanation 1 in Clause (viii) of Sub-section (1) of Section 5 of the Wealth-tax Act, the expression 'jewellery' included unstudded jewellery also.3. In view of the said decision, the question referred is answered in thefollowing words : 'Unstudded ornaments made of precious metals fall within the purview of the expression 'jewellery' occurring in Section 5(1)(viii) of theWealth-tax Act.' 4. Answered accordingly. No cost...
Commissioner of Income-tax Vs. Goel Engineering Corporation
Court: Allahabad
Decided on: Nov-15-1990
Reported in: [1991]188ITR461(All)
B.P. Jeevan Reddy, C.J. 1. Under Section 256(2) of the Income-tax Act, 1961, the Tribunal has stated the following two questions : '1. Whether, on the facts and in the circumstances of the case, was the Tribunal justified in casting the burden on the Department to prove that the assessee had no reasonable cause for the delay in furnishing the return 2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in cancelling the penalty 2. The assessment year concerned was 1971-72. The assessee is a registered firm. The return for the said assessment year had to be filed on or before June 30, 1971. The assessee filed two applications dated June 28, 1971 and September 2, 1971, for extension of time for filing the return. Time was finally extended up to September 30, 1971, but no return was filed. Thereupon, the Income-tax Officer issued a notice under Section 139(2) of the Act on November 25, 1971, which was served on the assessee on November 30, 1971...
Vijai Kumar Sharma and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-15-1990
Reported in: I(1991)DMC244
G. Malaviya, J.1. By this petition Vijay Kumar Sharma and six others have challenged the jurisdiction of Mahila Prakoshtha, Police Station Colonelganj, Allahabad to investigate the offence in crime No. 638 of 1990 under Sections 498A, 364 and 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act. It has also been prayed that the said first information report be quashed and the petitioners be not arrested in the said crime.2. It appears that Smt. Savita Mishra who had been married to Vijay Kumar Sharma resident of 100, New Ganesh Ganj, Lucknow lodged a first information report at police station George Town, Allahabad alleging that after her marriage she had gone to Lucknow Father of the informant had given sufficient gifts and items in marriage but the accused mentioned in the first information report, after a few days of the marriage, started teasing her for bringing insufficient dowry. It was also mentioned that they used to beat her and insisted that she get Rs. 1,00,000/-, gol...
U.P. State Road Trans. Corporation Vs. Nandi Devi and ors.
Court: Allahabad
Decided on: Nov-15-1990
Reported in: 1991ACJ1057
K.P. Singh, J.1. Aggrieved by the decision of the Motor Accidents Claims Tribunal dated 22.2.1980 in Motor Accident Claim Case No. 30 of 1977, Nandi Devi v. U.P. State Road Transport Corporation, the defendant-appellant has preferred the abovenoted appeal under Section 110-D of the Motor Vehicles Act.2. The claimants-respondents in this appeal had also preferred F.A.F.O. No. 573 of 1980 which was dismissed in default on 11.10.1990 as the learned counsel for the appellants in that case had not appeared.3. The learned counsel for the appellant in this case has raised two questions for our consideration. Firstly, that the finding of the Tribunal regarding rash and negligent driving is against the weight of evidence on record and the circumstances involved in the present appeal. Secondly, that the deceased was guilty of contributory negligence as he was knocked down by the rear side of the truck in question, therefore, the determination of quantum of compensation errs on excessive side.4. ...
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