Allahabad Court July 1991 Judgments
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Shakti Biscuit Mfg. Co. Vs. Cegat and Acce
Court: Allahabad
Decided on: Jul-19-1991
Reported in: 1992(40)LC445(Allahabad)
ORDERB.P. Jeevan Reddy, C.J.1. This writ petition is directed against the order of the CEGAT, disposing of an application, filed under proviso to Section 35F.2. According to the order appealed against, the petitioner was made liable to pay a penalty of Rs. 20,000/- and duty of Rs. 2,33,391/-.3. A reading of the Tribunal's order discloses that the petitioner did not choose to advance any argument on the question of prima facie case, but confined his argument only to the liquidity position of the petitioner Company. He submitted that it was a sick unit. In support of his contention, he merely filed the balance sheet for the year, ending 31st March, 1989. No other material was filed. The Tribunal held that the said balance sheet does not establish that the petitioner Company is a sick unit or its liquidity position does not permit, it to deposit the said duty. Accordingly, it directed the petitioner to deposit the amount of duty within 12 weeks from the date of the said order. So far as t...
M/S. Nanhumal Srilal and Others Vs. the District Judge, Aligarh and Ot ...
Court: Allahabad
Decided on: Jul-17-1991
Reported in: AIR1992All219
ORDER1. Petitioner No. 1 is a registered firm and petitioners Nos. 2 to 4 are its partners and have equal shares in the assets and liability of the firm. Petitioners in the name of petitioner No. 1 hold certain land and building within the municipal limit of Aligarh which includes a Dal Mill having total area of 5323.73 sq. metres. The aforesaid land was brought under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act). Petitioners submitted a statement under Section 6(1) of the Act on 14-8-76. The Competent Authority after making inquiry proposed 1970.73 sq. metres as vacant land in excess to the ceiling limit of the petitioners. An objection was filed against the said proposal. One of the objections was that the land covered by Pucca platform which is being used for drying pulses within the mill premises is not vacant land within the meaning of Section 2(q)(ii) of the Act. The Competent Authority rejected the said objection. Aggrieved the petitioners pr...
Kshetriya Shri Gandhi Ashram and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-17-1991
Reported in: (1994)IIILLJ598All
B.L.Yadav, J. 1. Petitioner Kshetriya Shri Gandhi Ashram, Maghar, a charitable institution registered under the Societies Registration Act 29 of 1860 has filed this writ petition under Article 226 of the Constitution with the prayer to quash impugned award dated 28.1.1986 passed by the Labour Court. Under the impugned award Respondent No. 3 who was salesman of petitioner has been directed to be reinstated with all service emoluments.2. The object of Kshetriya Shri Gandhi Ashram, Maghar (for short Gandhi Ashram) is to serve public on the preachings of Mahatma Gandhi which includes production of Handloom cloths and production through Small Scale Industries of materials of domestic use helpful in agriculture, social service and Sarvodaya Movement. The service conditions of employees of Gandhi Ashram are governed under the Ashram Service Rules, 1972 (for short the Rules). The Respondent No. 3 was salesman in Gandhi Ashram. He was suspended on 10.6.74 and charge sheet was served on 14.7.74....
Bechu Lal Vs. Labour Court and anr.
Court: Allahabad
Decided on: Jul-17-1991
Reported in: [1991(63)FLR754]; (1994)IIILLJ594All
S.D. Agarwala, J.1. The question that arises for consideration in the present petition filed under Article 226 of the Constitution of India is as to whether application moved by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947 is maintainable or not.2. The facts giving rise to the petition are as follows:The petitioner was an employee in Government Press, Allahabad. He was appointed on the post of Sweeper in Printing and Stationery, Allahabad on 19.12,1948. He was compulsorily retired from service on 4.9.1975 in public interest on the recommendation of the Screening Committee constituted on 13.8.1975 after considering his entries of the character roll. By an order dated 22.11.1978 the petitioner was re-employed in service with the condition that he will not be entitled for the wages from the date he was compulsorily retired till the date of re-employment but he will continue to work till the date of superannuation. The petitioner was retired from service on 30.1...
Madan Mohan Vs. Superintendent of Central Excise
Court: Allahabad
Decided on: Jul-17-1991
Reported in: 1995LC18(Allahabad); 1992(58)ELT497(All)
B.P. Jeevan Reddy, C.J.1. This writ petition was filed by a large number of agriculturists/growers of tobacco. During the years 1976-77 and 1977-78, they raised tobacco in their land.2. Rule 9A(1) of the Central Excise Rules provides that in the case of goods removed from the premises of curer on payment of duty, the date on which the duty is assessed is the relevant date for determination of duty and tariff valuation.3. The petitioners opted for assessment of their tobacco under Rule 9A(1) read with Rule 19 of the Central Excise Rules, 1944. They did not pay the duty assessed. Demand notices were accordingly issued. It is then that they came forward with the present writ petition.4. In the writ petition, it is alleged that the tobacco had become unfit for human consumption on account of storage and, therefore, they wanted to use it for agricultural purposes. Accordingly, it is said that they approached the authorities on several occasions to permit them to do so and to remit the duty....
Dilip Kumar Vs. Special Judge, Barabanki and Others
Court: Allahabad
Decided on: Jul-16-1991
Reported in: AIR1992All167
ORDER1. This writ petition is directed against the concurrent orders of the Courts below directing the petitioner to pay maintenance allowance to respondent No. 3 during the pendency of the suit.2. The petitioner Dilip Kumar has instituted a suit for declaration against Smt. Vimla Devi respondent No. 3 in the Court of Civil Judge Barabanki. The relief which has been claimed by the petitioner in the suit is that it may be declared that there is no relationship of husband and wife between the parties with effect from July 29, 1987. Thesuit has been brought on the allegations that the marriage between the parties has been dissolved by mutual agreement according to custom. This allegation is denied by respondent No. 3. During the pendency of the suit respondent No. 3 moved an application dated November 16, 1988 that the petitioner may be directed to pay her a sum of Rs. 1,000/- as expenses for litigation and Rs.500/- per month as maintenance pendente lite. The petitioner filed objection ag...
Bharat Traders Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jul-15-1991
Reported in: 1993(65)ELT490(All)
ORDERB.P. Jeevan Reddy, C.J.1. Though the petitioner has prayed for several reliefs in this writ petition, Sri T.K. Mathur learned counsel appearing for the petitioner today says that he is pressing only relief No. 2 and not the other reliefs sought for in the writ petition. Relief No. 2 reads as follows :-'Writ, order or direction in the nature of mandamus, commanding the respondents to make available seizure report, relevant documents including enquiry report and evidence collected before and after seizure in due compliance of law.'2. If any goods of the petitioner are seized, there is little doubt that he is entitled to be supplied a copy of the seizure report and the connectd documents. Similarly, any evidence gathered against the petitioner and which is sought to be relied upon against the petitioner has to be supplied to him. Accordingly, it is directed that a copy of the seizure report, other connected documents therewith and the evidence which is sought to be relied upon agains...
Cawnpore Sugar Works Limited Vs. Union of India (Uoi), Ac Ce and anr.
Court: Allahabad
Decided on: Jul-15-1991
Reported in: 1992(38)LC510(Allahabad)
1. This writ petition is directed against an order of the Collector (Appeals) Central Excise dated 9.1.1991. Against this order an appeal lies to C.E.GA.T. under the provisions of the Act, There is no reason why the petitioner should not have availed of the said remedy. It is, however, stated in paragraphs 22 and 23 of the writ petition that the appellate order sent to the petitioner company by post was misplaced in the records of the company and was discovered only in the third week of June, 1991. The present writ petition is field in this Court on 12th July, 1991.2. Having regard to the facts and circumstances of the case, we are of the opinion that the petitioner should adopt the remedy of appeal provided by statute. It may be remembered that the time of filing the appeal is three months from the date of receipt of the order.3. In the circumstances, the writ petition is dismissed. It is, however, directed that if the petitioner files an appeal before the C.E.G.A.T. against the afore...
Sardar Singh Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Jul-12-1991
Reported in: 1992ACJ463; AIR1992All33
ORDER1. Whether Motor Accidents Claims Tribunal constituted under Motor Vehicles Act, 1988 (for short the Act) with a view to decide an application under S. 166 of the Act has power to issue Commission to examine witnesses, as provided under 0. 26, R. 4 of the Code of Civil Procedure, 1908 (for short the Code) or in other words whether the provisions of O.26, R. 4 of the Code would apply to the proceedings before the Motor Accidents Claims Tribunal (for short the Tribunal) is short question that falls for determination in the present revision.2. The factual matrix is that an application before the Tribunal was filed by the applicant at the stage of evidence, to examine Dr. K. P. Srivastava, Head of Orthopaedics Department, and Dr. Rabi Semarwal, Senior Orthopaedics Surgeon, S. N. Medical College, Agra by issuing a Commission under O.26, R. 4 of the Code. That application has been rejected under the impugned order against which present revision has been filed. Even though the revision w...
Raja Ram Garg Vs. Chhanga Singh and Others
Court: Allahabad
Decided on: Jul-12-1991
Reported in: 1993ACJ447; AIR1992All28; [1993]76CompCas537(All)
ORDERB.P. Jeevan Reddy, C.J.1. This revision petition has been referred to a Divi-sion Bench by one of us (R.R.K. Trivedi, J.). The question for consideration is whether further proceedings in the motor accident claim petition be stayed pending disposal of the criminal case.2. The petitioner is the driver of a truck bearing registration No. UTW 4700. Crime Case No. 230 of 1988 P.S. Raipura, District Banda, was registered against him under Section 307, I.P.C. with the allegaion that he attempted to kill Pfadeep Singh Sengar, Station House Officer of the said Police Station. After the death of the injured, the offence was converted into one under Section 302, I.P.C. The allegalion, in short, is that the petitioner, while driving the said truck, intentionally hit the motor-cycle, in which Pradeep Singh Sengar was travelling, and caused him serious injuries, which ultimately led to his death. We are told that the case has been committed and is now numbered as session trial No. 94 of 1988 o...
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