Allahabad Court January 1992 Judgments
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Bans Ropan and Others Vs. Iiird Addl. Distt. Judge, Ghazipur and Anoth ...
Court: Allahabad
Decided on: Jan-06-1992
Reported in: AIR1993All117
ORDER1. Petitioners filed a suit for injunction restraining defendants-respondents from raising any construction over the disputed land and creating any obstruction in the flow of dirty water through the passage.2. During pendency of the suit, they filed an application for interim injunction. The trial Court granted the injunction. Defendants filed an appeal. It was allowed.3. The operative portion of the order ofthe appellate Court runs as follows:'The appeal is allowed and the impugned order passed by the Court below is set aside. The defendant-appellants are permitted to raise their constructions over the disputed land on furnishing adequate undertaking to the effect that the constructions to be raised by them in the disputed land shall be demolished if their claim finally fails.'The order passed by the appellate Court is ajust order. It protects the interest of bothparties.4. Learned counsel for petitioners contended that refusal of injunction amounts to dismissal of the suit. I fi...
U.P. State Road Transport Corporation Vs. Smt. Premwati and Others
Court: Allahabad
Decided on: Jan-06-1992
Reported in: 1992ACJ488; AIR1992All271
ORDERN.L. Ganguly, J.1. These F.A.F.Os. by U.P. State Road Transport Corporation and Smt. Pramwati and 2 minors heirs and legal representatives dependants of deceased victim are directed against the judgment and order dt. 24-5-80 in Motor Accident Claim Petition under S. 110-A of Motor Vehicles Act, 1939 by the II Addl. District Judge/Claims Tribunals, Meerut. The Tribunal awarded a cosolidated amount of Rupees 38000/- as compensation- with 6% simple interest per annum thereon till date of payment to the claimants. The Corporation in their appeal sought for setting aside the award of compensation on the ground that there was no negligent and rash driving of the bus, it was due to sudden latent defect and mechanical failure of the brakes, principles of res ipsa loquitur was not applicable. Alternatively, it was said that compensation awarded was excessive without any rational basis. The claimants in their appeal claimed that award of compensation is wholly inadequate and be enhanced.2. ...
Dr. S.N. Sharma Vs. Raja Balwant Singh College and ors.
Court: Allahabad
Decided on: Jan-06-1992
Reported in: (1994)ILLJ325All; (1992)1UPLBEC317
ORDERN.L. Gangully, J.1. This writ petition by a Lecturer in Psychology Departmentof Raja Balwant Singh College, Agra seeking a writ of certiorari quashing the orders dated March 18, 1980, a seniority list dated July 1, 1980 as far as petitioner and respondent No. 5 are concerned. The orders dated November 20, 1980 and May 13, 1983 passed by the Vice-Chancellor and Chancellor, respectively, were also prayed to be quashed.2. The petitioner was appointed as Lecturer in Raja Balwant Singh College, Agra on September 1, 1963 for teaching in Working Men's Section of the said College. Raja Balwant College was previously named as Balwant Singh Rajput College (here-in-after referred as the 'College') which was a posts Graduate College. No doubt the petitioner was teaching in Working Men's Section of the College for the Degree class but there was an agreement between the petitioner and the Committee of Management of the College dated April 28, 1968 by which it was agreed that petitioner shall wo...
Krishna Mohan Lal Vs. Banking Service Recruitment Board, State Bank Gr ...
Court: Allahabad
Decided on: Jan-06-1992
Reported in: (1992)IILLJ868All; (1992)2UPLBEC921
R.A. Sharma, J. 1. In 1978 the petitioner was appointed as Field Assistant in Rural Bank Scheme of State Bank of India and was posted in Gorakhpur Kshetria Gramin Bank, Gorakhpur. In 1979 the Banking Services Recruitment Board (hereinafter referred to as Board) invited applications for the post of Assistants in some of the banks including the State Bank of India. The petitioner applied in pursuance of the aforesaid advertisement and was finally selected on the basis of written examination and interview held in that connection. The Board thereafter informed the respondent No. 2, about the selection of the petitioner. After the petitioner was selected and intimation to that effect was sent by the Board to the Respondent No. 2, the petitioner asked Kshetriya Gramin Bank Gorakhpur for relieving him so as to enable him to join the State Bank of India in pursuance of the selection by the Board and in that connection the petitioner submitted his resignation which was duly accepted by the Kshe...
Kalpanakala Kendra Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-06-1992
Reported in: 1993LC87(Allahabad); 1993(64)ELT180(All)
A.N. Varma, J.1. No counter-affidavit has been filed despite time having been granted repeatedly by this Court. We are, accordingly, disposing of this petition finally on the facts as stated in the petition.2. Challenging the demand of customs duty from the petitioner in the sum of Rs. 27,33,905/- claimed on account of non-fulfilment of the petitioner's export obligations under the Duty Exemption Scheme, the petitioner filed a writ petition in this Court on the ground that the demand was wholly arbitrary and unsustainable as the petitioner had more than fulfilled his export obligations by exporting the goods (paper) worth much than it was legally required to do. The Court did not, however, go into the question whether the petitioner had actually fulfilled his export obligations. Instead the Court disposed of the petition finally by its order dated 9-5-1991 directing the petitioner to file all his papers in support of its defence and the authority to look into the matter and decide the ...
U.P. State R.T.C. Vs. Premwati and ors.
Court: Allahabad
Decided on: Jan-06-1992
Reported in: 1(1992)ACC748
N.L. Ganguly, J.1. These F.A.F.Os. by U.P. State Road Transport Corporation and Smt. Premwati and 2 minors heirs and legal representatives dependants of deceased victim are directed against the judgment and order dated 24.5.80 in Motor Accident Claim Petition under Section 110-A of Motor Vehicle Act, 1939 by the II Addl. District Judge/Claims Tribunal, Meerut. The Tribunal awarded a consolidated amount of Rs. 38,000/- as compensation with 6% simple interest per annum thereon till date of payment to the claimants. The Corporation in their appeal sought for setting aside the award of compensation on the ground that there was no negligent and rash driving of the bus, it was due to sudden latent defect and mechanical failure of the brakes, principles of Res-ipsa locuitor was not applicable. Alternatively, it was said that compensation awarded was excessive without any rational basis. The claimants in their appeal claimed that award of compensation is wholly inadequate and he enhanced.2. Pr...
Bansidhar Vs. Seema
Court: Allahabad
Decided on: Jan-03-1992
Reported in: 1992CriLJ1562; I(1992)DMC353
1. This appeal has been filed under Section 19 of the Family Courts Act against the Judgment and order dated 17.8.1991 of the Judge, Family Court, Bareilly, whereby the petition moved by respondent Smt. Seem under Section 125 Cr.P.C. was allowed and the appellant Bansidhar was directed to pay Rs. 400/- per month as maintenance to the respondent from 25.4.1990.2. The respondent Smt. Seema filed a petition under Section 125 Cr.P.C. on 25.4.1991 against the appellant Bansidhar claiming Rs. 500/- per month as maintenance. The petition was filed before the Lower Criminal Court 1st, Bareilly. The case of the respondent, in brief, was that she was married to the appellant on 20.5.1989 and thereafter she went to the house of her husband and resided with him at Agra and also performed marital obligations. The parents and other relations of the appellant started ill-treating her immediately after marriage and put pressure upon her to bring more dowry from her parents. On 26.9.1989 the appellant'...
Gorawara Electronics Ltd. Vs. Commissioner of Income-tax and anr.
Court: Allahabad
Decided on: Jan-02-1992
Reported in: [1992]196ITR608(All)
R.K. Gulati, J. 1. The petitioner-company is engaged in the business of manufacture and sale of electron guns, a component of black and white TV picture tubes. The petition is directed against the validity of the notice issued under Section 221(1) of the Income-tax Act, 1961, requiring the petitioner to show cause why it should not be subjected to penalty for non-payment of interest and penalties outstanding against it. It may be observed that there are two categories of amounts due against the petitioner. One amount is in respect of the penalties aggregating to Rs. 5,17,339 imposed under Sections 273 and 271(1)(c) of the said Act. The other amount consists of interest with which the petitioner has been charged under Sections 215, 216 and 220(2) of the Income-tax Act, 1961, aggregating to Rs. 6,28,236.2. The main grievance of the petitioner is that in respect of both the amounts outstanding against it, the petitioner has filed representations to the assessing authority on which no orde...
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