Allahabad Court July 1992 Judgments
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Kishori Lal Vs. Mahadeo and ors.
Court: Allahabad
Decided on: Jul-24-1992
Reported in: 1993CriLJ1173
J.P. Semwal, J.1. This appeal is directed against the judgment and order dated 21-4-1978, passed by the Judicial Magistrate, Mahoba, acquitting the respondents-accused under Sections 323, 504, 506/34 of the I.P.C.2. The Appellant-Complainant Kishorilal filed complaint on 22nd July 1976, against the respondents-accused with the allegations that on 21-7-1976, at about 8.00 a.m., in village Mirtala, P. S. Mahoba, accused persons were blocking passage of the complainant and his family members by constructing wall on the 'Kuliya', lying between their houses. Smt. Indrani, mother of the complainant made protest whereupon, accused persons started hurling abuses on the complainant and his father and the accused Nos. 2 and 3 caused injuries to Smt. Indrani by attacking her with fists, kicks and Dandas. All the three accused persons also threatened to cause injury to the person and property of the complainant and his parents. The occurrence was witnessed by the witnesses Rajendra Prasad, Mathura...
Ajib Singh and Others Etc. Vs. State of Uttar Pradesh and Another
Court: Allahabad
Decided on: Jul-23-1992
Reported in: AIR1993All10
ORDERS.D. Agarwala, J. 1. These are twopetitions under Article 226 of the Constitution of India challenging the notification dated 22-6-1983 issued under Section 4(1) read with Section 17(4) of the Land Acquisition Act (hereinafter referred to as 'the Act')as well as the notification dated 23-6-1983 issued under Section 6 of the Act. The notification under Section 4 of the Act was published in the U.P. Gazette on 22-6-1983 and the notification under Section 6 of the Act was published in the U. P. Gazette on 28th of June 1983.2. In the notification issued under Section 4 of the Act, it was categorically stated that the land in dispute was required for the construction of godown, residential quarters for its workers and other allied works by the Bazpur Co-operative Sugar Factory Limited Bazipur in district Nainital. In the notification, further, it was stated that the land was urgently required for the above public purpose and consequently, the enquiry under Section 5A of the Act was bei...
JaIn Motors Driving Training College Vs. the Deputy Transport Commissi ...
Court: Allahabad
Decided on: Jul-23-1992
Reported in: AIR1993All65
ORDER1. The petitioner before us is a motor driving training College of Muzaffar-nagar, which possesses a valid licence to impart instructions in driving ' of motor vehicles. It has filed this writ petition assailing an office order dated June 2, 1992, issued by the Deputy Transport Commissioner, Meerut Region ('Commissioner' for short), whereby, it claims, its right to carry on business has been seriously affected. According to it, the impugned order is dehors Section 9 of the Motor Vehicles Act, 1988 ('Act' for short).2. To appreciate the contentions of the petitioner, it will be apposite at this stage to refer to the contents of the impugned office order. In the order it has been first stated that it has often been seen that on the basis of certificates issued by recognised driving training schools of one District, driving licences are being granted by the licensing authorities of other Districts while there is licensing office in the District concerned from where they (the schools)...
Triloki Nath Dubey Vs. Regional Manager, U.P. State Road Transport Cor ...
Court: Allahabad
Decided on: Jul-16-1992
Reported in: (1993)ILLJ388All
R.B. Mehrotra, J.1. By means of the present writ petition, the petitioner has claimed that the petitioner is admittedly senior to one Sri Shyam Behari, a conductor in U.P. State Road Transport Corporation, Varanasi Region, Varanasi and is entitled to get the same treatment which Sri Shyam Behari got in the matter of payment of salary.2. There was a dispute regarding the question as to whether the petitioner is senior to Shri Shyam Behari. The petitioner filed Civil Misc. Writ Petition No. 23609 of 1987 in this Court wherein it was directed that petitioner's representation in respect of his seniority should be decided. In pursuance thereof, the petitioner's seniority was determined by an order, dated August 10, 1989, and petitioner was declared to be senior to said Shyam Behari. The petitioner has averred in his writ petition that Shyam Behari was appointed as a regular conductor on temporary basis in the year 1985 whereas the petitioner continued to be paid only on daily wage basis. Th...
State of U.P. Vs. Raj Bahadur S/O Raghunandan and ors.
Court: Allahabad
Decided on: Jul-14-1992
Reported in: 1993CriLJ86
G.S.N. Tripathi, J. 1. This is an appeal under Section 378, Code of Criminal Procedure filed by the State of Uttar Pradesh against the judgment and order dated 30-9-1978 passed by the III Additional Sessions Judge, Banda whereby the learned Court has acquitted accused Raj Bahadur, Ram Autar, Ram Sajiwan and Ram Kishore of a charge under Section 302 read with Section 34, Indian Penal Code.2. The prosecution case started on the basis of written First Information Report lodged by Shiv Kanth Prasad, PW1 at Police Station, Tindwari, district Banda. He has alleged that on 29-6-1975 around 7.30 a.m., deceased Shiv Prasad was talking with Kalpu Harijan, PW2 near his cattle-shed. Accused Raj Bahadur armed with a gun and accused Ram Autar Singh armed with a Barchi appeared all of a sudden from the north. Accused Ram Sajiwan Singh armed with a gun and accused Ram Kishore armed with a spear appeared from the south. Accused Ram Autar and Ram Kishore exhorted the other two accused to kill Shiv Prasa...
Sakal Deep Vs. U.P. State
Court: Allahabad
Decided on: Jul-14-1992
Reported in: 1993CriLJ551
B.L. Yadav, J.1. This jail appeal has been preferred by Appellant Sakal Deep against the judgment and order dated 12-11-1982 rendered by the Sessions Judge, Jaunpur in Sessions Trial No. 50 of 1981 convicting the appellant under Section 302, I.P.C. and sentencing him to the Life Imprisonment.2. Prosecution story as contained in the First Information Report (Ex.Ka. 1) is that Smt. Inri the deceased, was cousin sister of appellant Sakaldeep. She was married to Sidhari, resident of Rupipur, Police Station, Dostpur, District Sultanpur. On 30th of January, 1981, the deceased had come from her father-in-law's house and she stayed in the house of her step-brother, Sakaldeep, appellant. Informant Laldeo (since deceased) and his wife Smt. Sita heard the noise of his sister Inri deceased 'Bachao-bachao, Jan se martey hai' from the house of appellant. He and his wife woke up and ran to the house of the appellant and saw that Sakaldeep was giving Kulhari blows to the deceased. In the mean while Sa...
K.L. Virmani Vs. Iiird Additional Dist. Judge, and Others
Court: Allahabad
Decided on: Jul-13-1992
Reported in: AIR1992All326
ORDER1. The petitioner is a tenant of premises 3, Convent Road Dehradun. Smt. Sarla Devi Sharma is the owner/land-lady of the house. Towards east of the said accommodation exist a servant tenament after the boundary wall where three opening for outlet for water, rain and flood water used to flow since long. The servient tenaments (premises 35 /1 had always been on lower level than that of dominant tenament. The respondent No. 3, Dr. M. Singh, started raising constructions over the servient tenament in the month of November, 1982, through architect Sri S.A. Khan who was his agent. The petitioner apprehended that the three existing out lets in the boundary-wall openings to the servient tenament was going to be closed by respondent. A civil suit was thus filed by the petitioner impleading Dr. M. Singh as defendant No. 1 and S. A. Khan as defendant No. 2 seeking injunction restraining the defendants Nos. 1 and 2 for closing or disturbing the flow of the water of the dominant tenament throu...
Commissioner of Income-tax Vs. Devendra Brothers and Co.
Court: Allahabad
Decided on: Jul-13-1992
Reported in: [1993]200ITR146(All)
R.K. Gulati, J. 1. Through this application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), the Commissioner of Income-tax has desired that the Income-tax Appellate Tribunal, Bench 'B', New Delhi, be directed to refer the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was in law justified in holding that the liability of interest payable to the Allahabad Bank, amounting to Rs. 73,414, was allowable?'2. We have heard learned standing counsel for the Revenue. None has appeared for the assessee despite service of notice.3. The dispute pertains to the assessment year 1983-84. During that year, the assessee enjoyed income from letting of godowns as one of the sources of its income. In computation of its taxable income, the assessee sought a deduction of Rs. 73,414 being the amount of interest payable to the Allahabad Bank on the borrowing invested in the construction of the godowns. The Inc...
Advance Paper Products Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Jul-13-1992
Reported in: [1993]88STC95(All)
A.N. Gupta, J.1. The applicant is the manufacturer of bitumenised packing paper which is also called waterproof packing paper. The process of manufacturing as described by the Tribunal in its impugned judgment is that between two sheets of craft paper, a layer of bitumen is laid in order to make it waterproof or impervious.2. The matter relates to the assessment years 1980-81 (1st part), 1980-81 (2nd part) and 1981-82. The assessing authority had taxed it at 5 per cent up to 6th September, 1981, under Notification No. 332, dated 15th November, 1971 and for the latter period it had taxed at 6 per cent under the Notification No. 5785, dated 7th September, 1981. The Deputy Commissioner (Executive) in exercise of the powers under Section 10B of the U.P. Sales Tax Act, 1948 (hereinafter referred to as 'the Act') held that the bitumenised waterproof paper was not paper but a paper product and, therefore, revised the order passed by the assessing authority taxing its sale as an unclassified i...
Commissioner Sales Tax Vs. Sukh Lal Ice and Cold Storage Co.
Court: Allahabad
Decided on: Jul-10-1992
Reported in: [1993]88STC19(All)
A.N. Gupta, J.1. The assessee-opposite party was manufacturing ice in its cold storage in the assessment year 1979-80. On the sale of ice the assessing authority made assessment vide its order dated May 30, 1981, passed under Rule 41(7) of the U.P. Sales Tax Rules, 1948, imposing tax at the rate of 6 per cent whereas it should have been at the rate of 8 per cent. Subsequently, it issued a notice dated November 2, 1982, under Section 22 of the U.P. Sales Tax Act, 1948 for rectification of the said mistake. The order dated September 4, 1984 was passed correcting the mistake and enhancing the rate of tax from 6 per cent to 8 per cent. The assessee-opposite party filed first appeal against the said order which was dismissed. Thereafter, the assessee approached the Sales Tax Tribunal, who vide its impugned order dated June 6, 1987, has allowed the appeal on the ground that rectification was done after expiry of three years and, therefore, the order could not have been passed. It is against ...
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