Allahabad Court December 1991 Judgments
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Ramesh Chandra Bansal Vs. Regional Manager, U.P. State Road Transport ...
Court: Allahabad
Decided on: Dec-20-1991
Reported in: (1995)IIILLJ328All
A.P. Singh, J.1. The petitioner was a conductor in the U.P., State Road Transport Corporation and at the relevant time he was posted in Bareilly Region. While conducting Bus No. UPO 4715 between Budaun-Moradabad route on 15.5.1984 at 10.15 A.M. it is alleged that the petitioner's bus was checked by the Traffic Superintendent Sri R.P. Singh, who found 43 passengers were being carried without tickets in the bus by the petitioner after collecting fare from them, on the basis whereof a report was submitted by the said Traffic Superintendent to the Assistant Regional Manager who served the charge sheet on the petitioner by order dated 15.6.1984 in which four charges were levelled against petitioner. Other charges, apart from the charge of not issuing tickets to 43 passengers after collecting fare from them, were that the petitioner on being asked for stopping the bus did not stop the bus and directed the driver to speed up the bus. He also instigated the passengers for creating hurdle in th...
Hindustan Aluminium Corporation Ltd. Vs. Industrial Tribunal
Court: Allahabad
Decided on: Dec-20-1991
Reported in: [1992(65)FLR296]; (1993)IILLJ74All
R.R. Mishra, J.1. By means of the present writ petition the petitioner has challenged the award dated August 28, 1978 passed by the Industrial Tribunal. The petitioner is a Company and has its aluminium factory situated at Renukoot in the district of Mirzapur. It had in its employmentone Sri Deo Narain Singh, the respondent No. 2, who had joined the service of the company on December 13, 1967. Since the year 1974 he was working in the Rolling Mill Section of the Company. It appears that he was an accused in a murder case and was on April 16, 1975 arrested by the police and sent to Jail. The said workman, Shri Deo Narain Singh, the respondent No. 2 (hereinafter referred to as the workman) continued to be in Jail till August 25, 1976 when he was released on bail. In so far as the criminal case is concerned, the workman was ultimately acquitted. Meanwhile in so far as the petitioner's company (hereinafter referred to as the employers) are concerned, they found that the workman was absent ...
Chandrika Mishra and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-20-1991
Reported in: 1992CriLJ1777
G.P. Mathur, J. 1. Criminal Appeal No. 801 of 1984 has been filed by Chandrika Misra, Jawahar Misra, Rajendra Misra, Rajesh Mishra, Ramjee Misra, Ram Surat Misra and Mahadeo Misra against the judgment and order dated 14-3-1984 of Ist Additional Sessions Judge, Ghazipur in S.T. No. 55 of 1981 by which, they were convicted Under Sections 147/302/149 and 302/149, IPC and were sentenced to 2 years R.I., imprisonment for life and imprisonment for life respectively. Criminal Appeal No. 802 of 1984 has been filed by Dina Nath Misra against the same judgment and order by which, he was convicted Under Sections 148/302 and 302, IPC and has been sentenced to 3 years' R.I., imprisonment for life and imprisonment for life respectively under the three counts. Since both the appeals arise out of the same judgment and order and have been connected, they are being disposed of by a common order.2. The case of prosecution, in brief, is that all the accused are residents of village Misraulia and belong to...
Vishwambhar Singh Yadav Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-20-1991
Reported in: 1992CriLJ3415
Giridhar Malaviya, J.1. The petitioner has challenged his detention in pursuance of an order dated 26-6-1991 passed by the District Magistrate, Kanpur Nagar under Section 3(2) of the National Security Act. The grounds of detention as supplied to the petitioner in substance were that he had disrupted the public order as he had caused disruption in the polling process in the city of Kanpur on 15-6-1991. However, as we are not going to decide in this case whether the activities of the petitioner were or were not calculated to affect the maintenance of public order, it is not necessary to give the details of the grounds in this judgment.2. What has been argued by learned counsel for the petitioner in this case is that the petitioner had sent a representation to the President of India by registered post on 12-7-1991 but till the date of filing of the writ petition i.e. 22-8-1991 he had heard nothing from the concerned authorities about the fate of that representation. In the counter affidav...
Ram Murti and ors. Vs. the State
Court: Allahabad
Decided on: Dec-19-1991
Reported in: 1992CriLJ2278
Surya Prasad, J.1. This is a criminal appeal against the judgment and order of the then IV Additional Sessions Judge, Agra dated 4-9-1979 in Sessions Trial No. 158 of 1978 convicting and sentencing the appellants under Section 304, Part II read with Section 34, IPC. to undergo seven years rigorous imprisonment, Under Section 323 read with Section 34, IPC to undergo one month's rigorous imprisonment and further Under Section 323 read with Section 34, I.P.C. to undergo one month's rigorous imprisonment.2. The prosecution case briefly stated is that there had been an old enmity between the deceased and the accused. The immediate cause for the incident was the dispute in respect of an open land existing near the house of the deceased. It is alleged that the informant Bhanwar Singh's father Suraj Bhan deceased, his mother Smt. Imarti Devi and sister Ram Beti were standing on 30-4-1977 at 8-00 a.m. in front of their house. The house of the accused is in the neighbourhood of the house of the ...
Brahm Dutt Sharma Vs. State of U.P.
Court: Allahabad
Decided on: Dec-18-1991
Reported in: 1992CriLJ1820
P.P. Gupta, J.1. This is a criminal appeal filed by the accused-appellant, Brahm Dutt Sharma, against the judgment and order dated 23-11-1983 passed by the then Sessions Judge, Chamoli, in Sessions Trial No. 1 of 1983, convicting the appellant under Section 6(e) of the U. P. Provincial Armed Constabulary Act, 1948 (hereinafter referred to as the 'Act') and sentencing him to a fine of Rs. 500/-.2. The brief facts of the case are that in 1981 the IXth Battalion Special Police Force was posted at Joshimath and Chandrika Ram Yadav was its Sector Commander (hereinafter referred to as 'SC'). Its J Company was posted at Somna and Ratan Dev Sharma was its Assistant Company Commander (hereinafter referred to as 'ACC'). The accused, C/12879 Brahm Dutt Sharma, was serving in the said 'J' Company at Somna as a Constable.3. In March, 1981 the accused had gone on casual leave and had returned back to Somna on 3-4-1981. On 9-6-1981 he moved an application to his ACC, Somna, that due to pain in his to...
industrial Finance Corporation of India, Kanpur and Another Vs. P.V.K. ...
Court: Allahabad
Decided on: Dec-17-1991
Reported in: AIR1992All239
ORDER1. The Industrial Finance Corporation of India, a public financial institution and otherwise a body corporate established under the Industrial Finance Corporation Act 1948 (Act No. XV of 1948), hereinafter referred to as IFCI, and the Act, respectively, has brought this petition in the original jurisdiction of this Court u/ S. 30 of the Act, praying for reliefs on the sale of properties of the Company known as PVK Papers Limited, having its registered office at 2 Manuk's Lane, Calcutta, and its factory at Basti in Uttar Pradesh; appointment of a Receiver, attachment of properties and an injunction restraining the Company and its Directors, Officers, servants and agents from interfering or incumbering or in any way alienating the properties of the Company. Other consequential reliefs have also been sought.2. By an order of the High Court, a Receiver was appointed. The properties were attached and an exercise for the sale of the properties was put in motion, as suggested by the IFCI...
Mohan Lal Bhagwati Prasad Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-17-1991
Reported in: [1993]200ITR88(All)
M. Katju, J.1. This is a reference made by the Income-tax Appellate Tribunal, Allahabad, under Section 256(1) of the Income-tax Act, 1961 ( hereinafter referred to as 'the Act').2. The assessee is a registered firm having its head office at Barhaj. The assessee also had a branch at Bhilai, where it was running a distillery. The present dispute relates to the assessee's claim for deduction under Section 80J of the Income-tax Act in respect of the said distillery for the assessment year 1974-75. The books of the distillery showed a credit balance of Rs. 7,16,672 in the accounts of the head office. The assessee claimed that this amount should be held to be capital of the distillery for computing relief under Section 80J of the Act. The Income-tax Officer, however, rejected the claim of the assessee and held that there was no capital whatsoever of the partnership and the entire business was being done with the help of loans and, in view of Rule 19A of the Income-tax Rules, the loans could ...
National Glass Silicate and Chemical Works Vs. Deputy Commissioner of ...
Court: Allahabad
Decided on: Dec-17-1991
Reported in: (1992)105CTR(All)127
ORDERA. N. VARMA, J. :Having heard learned counsel for the petitioner and Sri R. K. Agrawal, the Standing Counsel representing the respondents, we are disposing of this petition finally with their consent.2. The petitioner is aggrieved by a notice dt. 11th November, 1991 (Annexure 1 to the writ petition issued to him by the Dy. CIT (Asst). Special Range, Agra, purporting to be under s. 226(3) of the IT Act calling upon the petitioner to pay a sum of Rs. 22,200 to the said officer which alleged to be due from Surendra Chand Bansal on account of income-tax to the Department. In response to this notice the petitioner filed an objection asserting that no amount is payable by him to Surendra Chand Bansal and, indeed, no amount of lean was even taken from that person by the petitioner. Consequently, the question of depositing the amount demanded under the impugned notice does not arise. In support of this objection the petitioner has filed an affidavit of Gopal Krishna Khandelwal, the propri...
M/S. Bilal Ahmad Sherwani and Kishori Lal Vs. State of Uttar Pradesh a ...
Court: Allahabad
Decided on: Dec-13-1991
Reported in: AIR1992All181
ORDEROm Prakash, J.1. Petitioner, a firm, which look a Theka from the Public Works Department for collection of toll tax in respect of the bridge, situate on Pilibhit Bharalpur Marg near Nadrai by-pass in Kasganj, district Etah, seeks quashing of the order dated 8-7-1982 passed by the respondent No. 3 holding that stamp duty under the Indian Stamp Act, 1899 (briefly, 'the Act, 1899') and an increased duty of 2 per cent under Section 39 of the U. P. Urban Planning and Development Act, 1973 (for short, 'the Act, 1973') aggregating to Rs. 1,33,812.50 P is payable on the lease deed, for collecting the toll tax and also seeks quashing of the resultant communication dated 3-8-1982 (Annexure 7 to the writ petition) sent by the Executive Engineer, respondent No. 4, to the petitioner calling upon it to deposit the aforesaid amount of Rs. 1,33,812.50 P by challan towards the stamp duty payable on the lease deed.2. It is averred that pursuant to the news item dated 25-8-1981 published in Newspape...
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