Allahabad Court March 1992 Judgments
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The Manager, Bettiah Estate Vs. Sri Bhagwati Saran Singh and Others
Court: Allahabad
Decided on: Mar-27-1992
Reported in: AIR1993All2
ORDERN.N. Mithal, J.1. The suit of theplaintiff having been dismissed on preliminary issues he has come up in appeal beforethis Court.2. The two main submissions of the appellant are that the trial court has erred in deciding these issues as preliminary issueswhich ought to have been left for decision after the entire evidence had been recorded along with remaining issues and that even while deciding the issues as preliminary issues the court had erred in not confining itself to the legal aspect of these issues by also entering into the merits of factual controversy.3. To appreciate the controversy it would be necessary to first have the background facts leading to the suit. In the State of Bihar a large Estate known as Bettiah Estate was put under the management of the Court of Wards because its last owner Rani Janki Kunwar was said to be of unsound mind. On her death disputes arose about the succession to the property and a large number of claimants filed suits claiming succession to...
Smt. Lata Alias Hemlata Vs. Civil Judge, Bulandshahr and Others
Court: Allahabad
Decided on: Mar-26-1992
Reported in: AIR1993All133
ORDER1. This writ petition arises out of divorce proceedings pending consideration before the Civil Judge, Bulandshahr between one Pramod Kumar Sharma and Lata. Lata is the petitioner before this court and Pramod Kumar Sharma opposite party No. 3.2. The divorce petition was filed by Pramod Kumar Sharma against Lata on various allegations including those of incompatibility of temperament. The divorce petition was amended subsequently to contain an allegation on the character of Lata. The allegation was originally not taken in the divorce proceedings. The reasons which were given in the amendment application are that, the opposite party No. 3 was advised to take the allegations which had inadvertently been forgotten in the divorce petition.3. At some stage during the pendency of the proceedings Lata applied for maintenance. The maintenance granted by the trial court was a modest sum of Rs. 250/- per month and in addition Rs. 100/- as litigation expenses. Both the husband and wife challen...
Hira Lal and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-26-1992
Reported in: [1993]200ITR705(All)
1. Having heard leafned counsel for the parties, we are satisfied that the following questions of law do arise out of the order of the Income-tax Appellate Tribunal :'1. Whether, on the facts and circumstances of the case, the Tribunal was correct in law in confirming the action of the lower authorities in allowing deduction of Rs. 30,000 only as against the claim for collection charges to the tune of Rs. 71,703 2. Whether, on the facts and circumstances of the case, the Tribunal misdirected itself in law in basing its conclusion on irrelevant material and in ignoring other essential material on record ?' 2. Accordingly, we direct the Income-tax Appellate Tribunal, Delhi Bench, New Delhi, to draw up a statement of the case and to refer the aforesaid question for opinion of this court. The application is allowed with costs. The petitioner shall be entitled to his costs which shall be assessed at Rs. 200....
Ram Pal Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Mar-26-1992
Reported in: 1992CriLJ2656
ORDERA.B. Srivastava, J.1. This revision has been admitted only on the question of sentence.2. The facts which need mention in brief are that on 10-7-1985 the Station Officer, Police Station Raja Ka Rampur, District Etah accompanied by a police party made a search of the hut of the revisionist. The revisionist was found manufacturing unlawful country-made pistols and implements for manufacturing pistols and also two fully manufactured pistols were recovered. All these articles were seized, the revisionist was arrested and a case was registered. After due investigation he was sent for trial. The Magistrate found him guilty under Section 5/25 Arms Act and sentenced him to R. I. for three years. The revisionist preferred an appeal to the Sessions Judge and the learned Ist Additional Sessions Judge, Etah while upholding the conviction of the appellant reduced the sentence to R. I. for two years. Against which, this revision has been preferred and as stated above has been admitted only on t...
Chandra Shekhar Tewari Vs. State
Court: Allahabad
Decided on: Mar-26-1992
Reported in: 1993CriLJ2159
B.P. Singh, J.1. This is an appeal against the judgment and order dated 9th February, 1979 passed by Sri. R. C. Gupta, III Additional District and Sessions Judge, Deoria in Sessions Trial No. 301 of 1976 (State v. Chandra Shekhar Tewari and two others) under Section 302 and 302/34, I.P.C., P.S. Kaptanganj, District Deoria.2. The case of the prosecution, as was unfolded in the evidence of Vishwanath Shukla (P.W. 3) and other witnesses, may briefly be stated as follows : --3. Dhruv Shukla, the deceased, was the real brother of Vishwanath Shukla (P.W. 3) Plots Nos. 483, 484 and 485 of village Kusmha were owned and possessed by the deceased, Dhruv Shukla and his brothers. These plots were not demarcated inter se and formed one whole plot. Only one Nali for water passed through these plots. In the morning of 30-6-1976 the deceased was getting the above plots ploughed through two ploughmen, Akalu (P.W. 1) and Jhinnu (P.W. 2). Vishwanath Shukla (P.W. 3) was picking the grass nearby. The decea...
Mohd. Farooq Vs. District Judge, Allahabad and Others
Court: Allahabad
Decided on: Mar-25-1992
Reported in: AIR1993All8
ORDER1. A civil suit No. 159 of 1989 was filed by one Riaz Ahmad and Nuren Ahmad against Faffar and Nanhe before the Court of Sharki, Allahabad, for a relief of injunction restraining the defendants not to demolish, damage or illegally possess the land of plaintiffs abadi, shown by letters 'ka, kha, ga, gha, angha and cha' of the site-plan. They may also not interfere with the plaintiffs' possession over the land in question. The defendant respondents filed their written statements to the plaint before the Court.2. The present petitioner submitted an application under O. 1 R. 3 for impleading as defendant No. 4 in the plaint. The application for impleadment was opposed by therespondents. The petitioner submitted that he is a necessary party, and his rights and interests in the property in question is likely to be affected unless he is impleaded in the suit as a party.3. The application for impleadment was rejected by the learned Civil Judge on the ground that the plaintiff of the suit ...
Surender Kumar Vs. S.D.O. Nagina and Others
Court: Allahabad
Decided on: Mar-25-1992
Reported in: AIR1993All47
ORDER1. By means of this petition, the petitioner has challenged the order dated 24-1-1991 passed by the Sub-Divisional Magistrate, Nagina, in the capacity as Election Tribunal under the U. P. Panchayat Raj Act, 1947 (for brevity, hereinafter referred to as 'the Act') seeking relief for its quashing.2. The petitioner's election as Pradhan of Gaon Sabha, Rafayatpur Khulas, District Bijnor (hereinafter referred to as 'the Gaon Sabha') was challenged by one Sri Sarad Kumar Gahlot by means of an election petition presented before the respondent No. 1 (numbered as Election Petition No. 63 of 1988). The Election Tribunal on the basis of the pleadings framed the issues. Before the issues could be decided the election petitioner moved an application on 15-7-1988 for Inspection of ballot papers, which was resisted by the respondent No. 1 in the election petition, the returned candidate. The election petitioner on 13-4-1988 moved another application for inspection/recounting of ballot papers, wh...
Smt. Shefali Roy Vs. Hero Jaswant Dass and Others
Court: Allahabad
Decided on: Mar-25-1992
Reported in: AIR1992All254
ORDER1. Having heard learned counsel for the parties, we propose to dispose of this appeal finally at the admission stage.2. The present appeal filed under 0.43, R. 1(r) of Civil P.C., is directed against an order dated 1-2-1992 passed by the learned Civil Judge, Kanpur Nagar in Civil Suit No. 839 of 1990, whereby application made under O.39, Rr. 1 & 2, C.P.C. by the plaintiff for restraining the defendants from interfering with her possession over the suit land, has been dismissed.3. The appellant-plaintiff brought an action against the respondents seeking a relief for declaration that sale deeds executed by Hero Jaswant Das (Respondent No. 1) in favour of respondents are not binding on her. An application under O.39, Rr. 1 &2, C.P.C. was also made for restraining the respondents from interferring with her possession of the suit land.4. In short the case of the appellant-plaintiff is as under:--The appellant-plaintiff is owner of plot Nos. 461, 360, 361, 381, 367, 368, 369, 374 & 376 ...
Commissioner of Income-tax Vs. Ram Bilas Purshottam Dass
Court: Allahabad
Decided on: Mar-25-1992
Reported in: (1992)104CTR(All)282; [1993]200ITR461(All)
R.K. Gulati, J. 1. Under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in upholding the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to frame two separate assessments for the periods April 1, 1977, to October 10, 1977 and October 12, 1977, to March 31, 1978?'2. The assessee is a firm. The dispute relates to the assessment year 1978-79 with the relevant previous year ending on March 31, 1978. At the inception of the previous year to the assessment year in question, the firm consisted of two partners, viz., Ram Bilas and Prem Kumar. In the midst of the relevant previous year, i.e., October 9, 1977, one out of the two partners died. Three days thereafter, on October 12, 1977, the lone surviving partner joined hands with o...
Nand Keshwar Prasad Vs. Labour Court and ors.
Court: Allahabad
Decided on: Mar-25-1992
Reported in: (1993)ILLJ499All
ORDERS.C. Verma, J.1. The petitioner who was an employee of the Indian Farmers Fertilizer Co-operative Limited, Allahabad, hereinafter referred to as 'IFFCO' has challenged by this petition under Article 226 of the Constitution the award of the Labour Court dated June 16, 1985 in Adjudication Case No. 543 of 1984.2. The controversy in this case relates to the resignation submitted by the petitioner to the employers dated September 28, 1983 to be ef-fective from January 22, 1984 and the question which arises for consideration is as to whether the resignation could be withdrawn in the facts and circumstances of the case and on that basis the acceptance of the employers to treat the petitioner's services being terminated with effect from January 22, 1984 would be valid or not.3. The petitioner was employed with respondent No. 2 as Printing Machine Operator. There were serious charges of misconduct of theft, against the petitioner and a disciplinary action was in contemplation. The petitio...
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