Allahabad Court May 1991 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.
Brijendra Kumar Chaudhari and Another Vs. State Transport Authority U. ...
Court: Allahabad
Decided on: May-30-1991
Reported in: AIR1991All300; (1991)2UPLBEC888
ORDERV.K. Khanna, J. 1. The question of law and facts involved in all these connected writ petitions are the same. Learned counsel for the petitioners at the very outset have made a statement before us that they will address only one argument in all these writ petitions. Similar is the statement of Sri A. P. Singh, Chief Standing Counsel, appearing on behalf of the respondents. It is in these circumstances that these petitions are being disposed of by a common judgment and writ petition No. 25646 of 1990 has been made the leading case with the consent of the parties and for the purposes of adjudication of these writ petitions the facts of the aforesaid writ petition No. 25646 of 1990 are being taken into consideration.2. The main controversy which is involved in all these writ petitions is as to whether the petitioners, who are Mini Bus contract carriage permit-holders are entitled to pick up individual passengers at the starting point of their journey.3. For the purposes of adjudicati...
Dr. Virendra Mohan Rai Khangar Vs. Union of India
Court: Allahabad
Decided on: May-30-1991
Reported in: AIR1992All147
ORDERM. P. Kenia, J.1. Parties have filed their counter and rejoinder affidavits and at the admission stage itself this writ petition is being finally disposed of in accordance with the Rules of this Court.2. The petitioner by means of the present writ petition has sought issuance of a writ in the nature of mandamus directing the Union of India through the Secretary Ministry of Home Affairs, New Delhi to declare the Khangar Community as a Scheduled caste in Uttar Pradesh. The petitioner is a medical practitioner in the town of Chirgaon situated in district Jhansi where he has opened a nursing home after passing his M.B.B.S. The petitioner belongs to the Khangar community which according to the petitioner has been recognised as a Scheduled Caste with respect to the States of Madhya Pradesh,Maharashtra and Rajasthan. It is the case of the petitioner that the Khangar community is mainly the inhabitant in the area of Bundelkhand which has been divided in between the States of Madhya Prades...
Sundar Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-30-1991
Reported in: 1991CriLJ3016
ORDERG. Malaviya, J.1. Heard the learned counsel for the applicant. A perusal of the order dated 16-5-1991 passed by the 1st Additional Munsif-Magistrate, Kasia, district Deoria in Crime Number 112 of 1991, Under Section 5A/8 of the U.P. Prevention of Cows Slaughter Act read with Section 11 of the U.P. Prevention of Cruelty of Animals Act, police station Hata, district Deoria reveals that the Driver of Truck number U.R.M. 8116 had made an application for release of the said Truck. The application was, however, dismissed on the ground that the Truck was a case property.2. The application even otherwise could not have been allowed as no vehicle can be released in favour of its Driver. Only when the owner of the vehicle makes an application for its release, the question of release of the Truck could be considered. However, it may be observed that in these type of cases it is always desirable that the court dealing with the matter should direct release of the case property, provided it is ...
Rafiq Ahmad Vs. State of U.P.
Court: Allahabad
Decided on: May-30-1991
Reported in: 1992CriLJ1294
P.P. Gupta, J.1. This is a criminal appeal against the judgment and order dated 5-10-1978 passed by the VI Additional Sessions Judge, Kanpur, convicting and sentencing the appellant, Rafiq Ahmad, to undergo imprisonment for life under Section 302, I.P.C. in S.T. No. 164/M of 1977.2. The charge against the appellant is that he, on 21-3-1977 at about 11-00 P.M. in front of the Bhaton-Ki-Bagia, Latourcha Road, Police Station Anwarganj, Kanpur, voluntarily fired at the deceased Iqbal alias Mullu with a revolver, as a result of which he died and thereby the appellant committed the murder of Iqbal alias Mullu.3. The brief facts of the case are that the deceased Iqbal alias Mullu was running a betel shop on a Thela by the side of Latouche Road, at a place between Latoucha Road and the shop of the father of the accused, the case of the prosecution is that on 21-3-1977, at about 11-00 P.M., when Mullu was closing his shop, the accused came from the north and after showing the revolver to Mullu ...
Girdhari Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: May-27-1991
Reported in: [1992]197ITR671(All)
V.K. Khanna, J.1. The petitioner is an agriculturist.2. Certain agricultural land belonging to the petitioner was acquired by the Uttar Pradesh Avas Evam Vikas Parishad, Meerut. In a reference made under Section 18 of the Land Acquisition Act, the Additional District Judge IV, Meerut, by his order dated May 28, 1990, enhanced the amount of compensation. Against the order of the Additional District Judge, the U. P. Avas Evam Vikas Parishad, Lucknow, filed First Appeal No. Nil of 1990 in this court and a Bench, on September 12, 1990, passed the following order :'Issue notice returnable within six weeks through Registered A/D Post. Until further orders, the realisation of the amount awarded by the court below shall remain stayed provided the appellant deposits with the court below half of the enhanced amount of compensation together with the costs awarded within a period of two months. On the amount being so deposited, half of the amount will be allowed to be withdrawn without security an...
Radhey Hyam Vs. Sarwanand Upadhyay
Court: Allahabad
Decided on: May-21-1991
Reported in: AIR1992All53
1. This is defendant's First Appeal From Order under Order 43, Rule 1 (d) of the Code of Civil Procedure (for short the Code) against order dated 24th March 1989 passed by 1st Additional Distt. Judge rejecting the application to rehear the appeal and to recall ex parte decree dated 4th January 1989.2. Factual matrix of the case is that the appeal was fixed for hearing on 4th January, 1989 and on that date Radhey Shyam appellant No. 1 fell seriously ill and could not attend the court but the appeal was decided ex parte against the appellants. Restoration application was filed by the appellants stating that appellant No. 1 was doing pairabi and he fell seriously ill and he has filed medical certificate as Annexure 2 to the affidavit accompanying the restoration application. Medical Certificate indicates that Radhey Shyam was suffering from typhoid fever. By the impugned order restoration application has been rejected.3. Mr. B. N. Rai, learned counsel for the appellant urged that the appl...
Cawnpore Chemical Works (P.) Ltd. and anr. (No. 2) Vs. Commissioner of ...
Court: Allahabad
Decided on: May-21-1991
Reported in: [1992]197ITR651(All)
R.K. Gulati, J. 1. The first petitioner, the Cawnpore Chemical Works (P.) Ltd., is a private limited company incorporated under the provisions of the Companies Act?' 1956, and the second petitioner is its managing director. It appears that the first petitioner was assessed to surtax under the Companies (Profits) Surtax Act, 1964, for the assessment years 1978-79 and 1979-80. It paid certain amounts as surtax under the provisional assessment orders in respect of the said years. On completion of the regular assessments and when the matter came to be decided by the appellate authorities for those years, the first petitioner became entitled to a certain refund which was duly refunded. The first petitioner thereafter moved the second respondent, namely, the Assistant Commissioner of Income-tax, Central Circle-25, New Delhi, by means of an application, claiming that it was also entitled to interest in terms of Section 244(1A) of the Income-tax Act, 1961, on the amount of surtax refunded to i...
Vespa Car Co. Ltd. Vs. P.K. Singh, Ac Ce, Ce Division and ors.
Court: Allahabad
Decided on: May-21-1991
Reported in: 1992(39)LC253(Allahabad)
1. Heard the counsel for the petitioner and also the learned Chief Standing Counsel for the respondents.2. This writ petition is directed against an interlocutory order dated 18.2.1991 dismissing the stay application filed by the petitioner in two appeals, namely, appeals nos. 179 and 180 of 1990 on the file of Collector (Appeals) Central Excise, Allahabad. The order gives reasons for rejecting the stay applications. The counsel for the petitioner, however says that the petitioner was not actually heard on the date of hearing and that an application for adjournment was sent and in spite of the same the applications were disposed of ex pane.3. We do not propose to enquire into the truth or otherwise of the petitioner's allegation. Having regard to the facts and circumstances of the case, we direct that pending the said appeal before the Collector (Appeals) the recovery of the disputed duty is stayed to the extent of 1/3rd provided that 2/3rd of the same is deposited by the petitioner wi...
Heera Lal Varma Vs. Commissioner, Kumaun Mandal, Nainital and Others
Court: Allahabad
Decided on: May-17-1991
Reported in: AIR1992All10
ORDER1. Petitioner, Heera Lal Verma,held a fire-arm licence, it being licence No. 35054, under the authority of which he acquired 588L gun No. Ya 20707. By means of a notice dated 10-11-1986, he was required to show cause as to why the said licence be not cancelled. The relevant portion of the notice as reproduced below, enlists in all five grounds for cancelling the licence issued to the petitioner.1- vkids ifjokj dh 'kksgjr Mxksyhls [kjkc gS rFkk vkidk ifjokj ,dtqV gksdj >xMk djus dks vkeknk gksrk gS A 2- vki ds rFkk vkids ifjokj dhmxz dk;Zokfg;ks ls Mxksyh ds lHkh yksx vkrafdr gS A 3- tkp ds nkSjku vk;s Jh ,- ,l-u;ky] ijxuk eftLVsV ckxs'oj ds lkFk cgwr mxz rFkk vHknz O;ogkj dk izn'kZu fd;kA 4- vki] txnh'k flag cksjk iq= Lo-Jh cgknqj flag cksjk gky deZpkjh Mkd foHkkx ds ifjokj dks /kefd;k nsdjvkrafdr dj jgs gS vkSj mUgs canqd ls [kRe djus dh /kedh nsrs gS A The petitioner put in reply to the allegations made in the aforesaid show cause notice and at the same time he deposited the fir...
Shri RukunuddIn Khan Vs. Controller, U.P. Sunni Central Board of Waqfs ...
Court: Allahabad
Decided on: May-17-1991
Reported in: AIR1991All279
ORDERA.N. Varma, J. 1. The parties having exchanged affidavits, we are disposing of this petition finally with their consent in accordance with the Rules of the Court.2. The petition is directed against an order dated 11-7-90 passed by the Controller of U.P. Sunni Central Board of Waqfs, Lucknow, rejecting the petitioner's application for setting aside of the order dated 1 -4-89 passed by the Secretary of the said Board appointing Qamaruddin, the third respondent, as the Mutwalli of the disputed waqf.3. Admittedly, one Nizamuddin Khan, was the Mutwalli of the waqf. The petitioner is his son and claims to be his spiritual successor. Nizamuddin Khan died on 1-3-1989. On the death of Nizamuddin Khan, the petitioner alleges to have sent an application to the Waqf Board informing it of the death ofhis father Nizamuddin Khan and also of the fact that the petitioner had taken charge of the waqf under a registered will dated 13-11-1986 executed by Nizamuddin Khan recognizing the petitioner as ...
- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »