Allahabad Court February 1991 Judgments
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Smt. Prabha Devi Vs. Bhoop Singh and Others
Court: Allahabad
Decided on: Feb-27-1991
Reported in: 1992ACJ344; AIR1991All288
ORDER1. This revision under S. 115, C.P.C. has been filed against the order dated 23-1-1991 passed by the learned 8th Additional District Judge, Agra. Facts giving rise to this revision are that an award dated 21-8-1987 was passed by Motor Accidents Claims Tribunal, Agra in favour of Bhoop Singh, opposite party No. 1, and against Raghvendra Singh, opposite party No. 2 of this revision. By the aforesaid award Rs. 96,000/- have been awarded as damages in favour ofopposite party Bhoop Singh. The Tribunal issued a recovery certificate on 10-2-1989 which was sent to Collector, Agra for realisation of the amount. Collector, Agra in pursuance of the recovery certificate issued by the Motor Accident Claims Tribunal, proceeded with the recovery of the amount and attached House No. 5/6-A, situate in Marhia Katra, Agra. Present revisionist Smt.. Pabha Devi filed an application under S. 151, CPC before the Motor Accident Claims Tribunal, Agra and claimed therein that she purchased the house from j...
Rama Kant and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-26-1991
Reported in: 1991CriLJ2289
1. All the above named appellants stand convicted under Section 302 read with Section 149, I. P. C. and sentenced to life imprisonment. Appellants Ramakant. Satyapal and Banwari have further been convicted under Section 148, I.P.C. and Ram Niwas and Subedar under Section 147, I.P.C. and all these have been further sentenced to one year R.I. each. The sentences have been ordered to run concurrently.2. The prosecution case in brief is that appellant Ramakant was being prosecuted for the murder of Dinesh Chaprasi in which Ram Raj deceased was a witness. Ramakant, had threatened Ram Raj not to give evidence against him. He had made a report to the police and since then the appellant had a serious grouse against him. It is alleged that on 30-10-1983 at about 4 P.M. when informant P.W. 1 Bhagwan Deen and his brother Ram Raj deceased were returning' from their field with a load of fodder and reached to the north of the grove of Siya Ram on the Pagdandi, appellant Ramakant. Satyapal and Baowar...
Aditya Rotor SpIn (P) Ltd., Kanpur and Another Vs. U.P. State Electric ...
Court: Allahabad
Decided on: Feb-22-1991
Reported in: AIR1991All196; II(1991)DMC118
ORDERG.P. Mathur, J.1. The petitioners have filed the present writ petition for a writ of mandamus commanding the respondents to restore the supply of electrical energy to the petitioner company and for declaring Regulation 22 of the Electricity Supply (Consumers) Regulations, 1984, as ultra vires. During the course of hearing of the writ petition the petitioners also moved an amendment application, which was allowed, for quashing the assessment demand notice dated 18-12-1990 (Annexure 9 to the writ petition).2. Petitioner No. 1 is a private limitedcompany which has a factory for manufacturing cotton yarn at Vishayakpur Rania in district Kanpur Dehal. The U.P. State Electricity Board, respondent No. 1, sanctioned a power connection for the factory of petitioner No. 1. On 4-12-1990 the factory was inspected by a team consisting of several senior engineers of the office of the Chief Engineer (Distribution), Central Area, Lucknow. When the meter was checked from outside the cubical box it...
Harish Chandra and anr. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-22-1991
Reported in: 1991CriLJ2815
K. Narayan, J.1. One Ram Lakhan Singh son of Manohar Singh was murdered in the evening of 26-7-1978 at about 7 p.m. in village Semauri, P. S. Sultanpur Ghosh, District Fatchpur and at the same time, his gun and cartridges were also taken away by the miscreants. A first information report in respect of the occurrence was lodged at the police station Sultanpur Ghosh at about 20.30 p.m., the distance being 3 km. The F.I.R was lodged by the brother of the deceased against Hukum Singh, Harish Chandra Singh, Ghanshyam Singh and Bhola. They were tried after necessary investigation and submission of the charge-sheet and found guilty of the offence under Sections 302/34 and 394, I.P.C. and were sentenced 10 imprisonment for life and 4 years R.I. under two counts by the judgment and order dated 21-6-1980 delivered by the IV Additional Sessions Judge, Fatehpur in S.T. No. 170 of 1979. Aggrieved, by the conviction and sentence both, they have come in appeal before this Court.2. The prosecution sto...
Shree Baidyanath Ayurved Bhawan Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Feb-22-1991
Reported in: 2000(119)ELT9(All)
ORDERB.P. Jeevan Reddy, C.J.1. This writ petition is directed against an interlocutory order passed by the Customs, Excise Gold (Control) Appellate Tribunal (CEGAT), New Delhi on 24-12-1990. The petitioner filed an appeal against the order of the Collector, Central Excise, made under Section 11A of the Central Excises and Salt Act, 1944, and applied for stay pending appeal. Under a very elaborate order and after giving due reasons, the Tribunal expressed the opinion that it is not a fit case where stay should be granted in full. It noticed that the petitioner had not pleaded any financial hardship either. Having regard to the facts and circumstances of the case, the Tribunal directed the petitioner to deposit 75% of the duty and granted stay for the remaining 25%. It also granted stay of penalty in the sum of Rs. 1,00,000/-. In this writ petition, it is contended that the Tribunal was in error in not granting the full stay as asked for.2. Ordinarily, this Court does not interfere with ...
Kothari Products Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Allahabad
Decided on: Feb-21-1991
Reported in: (1991)37ITD285(All.)
1.It is an appeal filed by the assessee against an order of the learned CIT(A) dated 30th March, 1990 for the assessment year 1988-89. The following grounds have been taken up :- 1. The learned CIT(A) has erred in law as well as on facts in confirming the action of the Assessing Officer resulting in short allowance of deductions under Section 32 AB and 80-1 by holding that "Zarda Yukt Pan Masala" is a tobacco preparation within the meaning of item No. 2 in the Eleventh Schedule and hence not entitled to the said deduction despite there being relevant and cogent evidence on record to the contrary leading to the inevitable conclusion that "Zarda Yukt Pan Masala" is not a "tobacco preparation 2. That the learned CIT(A) completely disregarded the rule of interpretation while construing the meaning of item No. 2 in the said Schedule that entries pertinent to articles or things of every day use which have no statutory definition but are referred to, in any particular statute, have to be con...
Gauri Bala Dutta Vs. Iiird Addl. Civil Judge, Varanasi and Another
Court: Allahabad
Decided on: Feb-21-1991
Reported in: AIR1991All216
ORDER1. The present petition under Art, 226 of the Constitution of India has been filed by the petitioner challenging the order of the IIIrd Addl. Civil Judge, Varanasi, dated 8-12-1983 dismissing the petitioner's application seeking permission to amend her written statement at the stage of appeal and the order dated 21-7-1984 dismissing the petitioner's application for staying the hearing of the appeal, during the pendency of the petitioner's civil suit No. 400 of 1983.2. The facts necessary for the decision of the writ petition are as under :The petitioner is real sister of respondent No. 2, namely, Shashti Charan Dey. During the lifetime of the father of the petitioner, house No. B-17/81, situated at Mohalla Til Bhandeshwar, Varanasi was purchased in the name of the mother of the petitioner, and respondent No. 2, along with the petitioner and all her brothers were living in the house.The petitioner was married to one Shri Bhawani Prasad Dutta who was working as an employee in the co...
Sri Kant Pathak Vs. State of U.P.
Court: Allahabad
Decided on: Feb-21-1991
Reported in: 1992CriLJ1332
K. Narayan, J.1. This appeal from Jail by accused appellant Sri Kant Pathak son of Deochand Pathak is directed against his conviction under Section 304, I.P.C. and sentence of life imprisonment awarded by the Sessions Judge, Ghazipur by an order dated 23-11-1977 in S.T. No. 131 of 1977.2. The facts giving rise to the conviction and appeal may briefly be narrated as under :There was some altercation between the accused Sri Kant Pathak and one Pradip son of Teju Kamkar in the presence of his sister Km. Sumitra Kumari wherein Sri Kant is said to have given some beating to Pradip under an impression that Pradip had stolen some of his grains. Kesho Prasad and Kirshna Mohan Giri and some other lads intervened and got Pradip released. Coming to know of this incident, wife of Teju and mother of Pradip went to the house of Sri Kant after some time to protest against the action of Sri Kant. There was some exchange of hot words and in the meanwhile Smt. Sunri, an aunt of Kesho Prasad uttered a se...
Sunil Kumar Verma, and Others Vs. Sri Raghubir Singh, and Others
Court: Allahabad
Decided on: Feb-20-1991
Reported in: AIR1991All209
1. This First Appeal from Order arises against an order dated 8-5-1990 passed on the application 602 for temporary injunction to restrain the defendant-appellants from running their Kolhoo in the property in dispute with the aid of 15 Horse power motor. The plaintiffs had alleged that the said working of the Oil Expeller used to create vibrations which were going to weaken their walls in the house adjacent to the building in which the expeller had been fitted. He also alleged that the Machines were creating such a great noise that the plaintiffs and their family members could not live comfortably in the accommodation in suit, nor would they be able to sleep on account of the said noise and their health would be adversely affected. It was also claimed that on account of the said noise even the children would not be able to concentrate on, their studies. At the end the allegation was that the running of the Machines was a constant nuisance and as such the respondents deserved to be restr...
Simbhaoli Industries Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Feb-20-1991
Reported in: [1991]192ITR342(All)
R.P. Jeevan Reddy, C.J.1. This writ petition is directed against a show-cause notice issued by the Commissioner under Section 263 of the Income-tax Act, 1961, proposing to revise the assessment orders relating to the assessment years 1986-87, 1987-88 and 1988-89. In the show-cause notice, three grounds are mentioned on which he proposed to revise the assessment order. We have perused the grounds and heard Sri S. P. Gupta, learned counsel for the petitioner, for quite some time.2. The first ground is that a certain amount collected as export duty was not remitted in the same year and hence could not have been granted deduction by virtue of Section 43B. The petitioner explains that the said amount was not claimed as a deduction but was kept in a separate account. We cannot say that, for that reason, the ground mentioned in the show-cause notice can be said to be unsustainable. The petitioner has certain explanations with respect to the other two grounds also but, in our opinion, those ex...
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