Allahabad Court December 1993 Judgments
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Bhakti Sharma (Udenia) Vs. Mahendra Kumar Udenia
Court: Allahabad
Decided on: Dec-16-1993
Reported in: II(1994)DMC166
S.K. Verma, J.1. This application has been filed for transfer of Suit No. 124 of 1988 (Mahendra Kumar Udenia v. Smt. Bhakti Sharma pending in the Family Court, Jhansi either to the Family Court, Gwalior or Guna (M.P.).2. The petitioner is the wife and the opposite party is the husband. They were married on 22nd June, 1988 according to petitioner. Then, after expiry of one and a half months of the marriage, the opposite party filed original Suit No. 124 of 1988 under Section 12(1)(c) of the Hindu Marriage at in the District Court at Jhansi on 19.8.1988 for declaration of marriage of the applicant with the opposite party as a nullity on the ground that the applicant was suffering from Leucoderma. The applicant moved an application under Section 24 of the Hindu Marriage Act for intertim maintenance and expenses for contesting the suit. Meanwhile since the Family Court was established in Jhansi the suit stood transferred to that Court from the Court of District Judge, Jhansi. According to ...
Hiraman Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-10-1993
Reported in: (1995)IILLJ484All; (1994)1UPLBEC420
S.R. Misra, J.1. This special appeal arises out of an order passed by learned Single Judge dated September 29, 1993.2. We have heard the counsel for the appellant Sri Ram Niwas Singh and Sri H.S.N. Tripa-thi, appearing for the respondent No. 4. As agreed between the parties this special appeal is being disposed of finally at the admission stage.3. The brief facts giving rise to this appeal are as follows:-Karunesh Kumar Srivastava, petitioner in Writ Petition No. 444 of 1991 and respondent No. 4 in the present special appeal, filed the aforesaid writ petition seeking a writ of mandamus, commanding the opposite party to appoint him as a clerk in the Nehru Intermediate College and pay salary on the facts stated in the writ petition.4. Nehru Intermediate College, Semari Suk-rauli, post office Sikrauli, District Deoria, is a recognised college and aided by the State Government. One Surya Narain Lal Srivastava was an Assistant Teacher in the said college who died in harness on May 11, 1987....
U.P. State Road Transport Corporation Vs. Raj Pratap Singh and anr.
Court: Allahabad
Decided on: Dec-07-1993
Reported in: 1994ACJ317
A.P. Misra, J.1. The aforesaid two appeals arise out of judgment and decree dated 16th April 1985, passed by the Motor Accidents Claims Tribunal, Mirzapur, for Rs. 55,000/- as against the U.P. State Road Transport Corporation (hereinafter referred to as 'U.P.S.R.T.C.') and Rs. 5,000/- as against Baikunth Nath Pandey (appellant in the other F.A.F.O. No. 487 of 1985). The claimant also filed cross-objection claiming enhanced compensation of Rs. 2,35,000/-. Since both the appeals and the cross-objection arise out of the same judgment they are being disposed of by means of this common judgment.2. The claimant-respondent's case is that on 11th May, 1982, at 5.30 p.m. his son Surendra Pratap Singh was waiting for a bus at the U.P. Roadways Bus Station at Mirzapur, where he was knocked down by a Roadways bus and he died thereafter. The said bus was driven by Baikunth Nath Pandey, aforesaid. The deceased was waiting for the bus going towards Barkachha inside the Roadways compound when the said...
U.P. State Road Transport Corporation Through Its Deputy General Manag ...
Court: Allahabad
Decided on: Dec-07-1993
Reported in: II(1994)ACC153
A.P. Misra, J.1. The aforesaid two appeals arise out of judgment and decree dated 16th April, 1985, passed by the Motor Accident Claims Tribunal, Mirzapur Rs. 55,000/- as against the U.P. State Road Transport Corporation (hereinafter referred to as U.P.S.R.T.C.) and Rs. 5,000/- as against Sri Baikunth Nath Pandey (appellant in the Other F. A.F.O. No. 487 of 1985). The claimant also filed a cross-objection claiming enhanced compensation of Rs. 2 lacs 35 thousand. Since both the appeals and the cross objection arise out of the same judgment they are being disposed of by means of this common judgment.2. The claimant-respondent's case is that on 11th May, 1982, at 5.30 p.m. his son Surendra Pratap Singh was waiting for a bus at the U.P. Roadways Bus Station at Mirzapur, where he was knocked down by a Roadways bus and he died thereafter. The said bus was driven by Baikunth Nath Pandey, aforesaid. The deceased was waiting for the bus going towards Barkachha inside the Roadways compound when ...
Madan Mohan Paul and anr. Vs. Commissioner of Income-tax and ors.
Court: Allahabad
Decided on: Dec-06-1993
Reported in: [1994]209ITR374(All)
R.K. Gulati, J. 1. Although there are two petitioners in the writ petition, in fact the first petitioner, Madan Mohan Paul (hereinafter referred to as 'the petitioner'), is the person aggrieved. Messrs. Allied Metal Productsarrayed as the second petitioner, is a partnership concern which came into being as a result of a partnership agreement dated October 1, 1980, in which the first petitioner was admittedly one of the partners along with respondents Nos. 4, 5 and 7 who were the other partners. The firm has its head office at Station Road, Gonda, and the production unit at Kanpur. It is averred that the firm was registered with the Registrar of Firms under the Indian Partnership Act. It was also registered under Section 184/185 of the Income-tax Act, 1961 (for short, 'the Act'), and the registration was allowed for the subsequent years also as contemplated under Section 184(7) of the Act. It appears that a fresh deed of partnership dated July 1, 1990 (annexure '4' to the writ petition)...
CaptaIn Radhey Shyam and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-03-1993
Reported in: 1993CriLJ3709; I(1994)DMC260
K. Narayan, J.1. This appeal Under Section 374(2) Criminal Procedure Code is directed against, the conviction and sentence dated 31.3 1985 rendered by the District and Sessions Judge, Almora in Session Trial No. 32 of 1984 The accused appellants Capt. Radhey Shyam and his daughter Km Rekha were convicted on the charges Under Sections 120-B and 302/34 I.P.C. and sentenced to imprisonment for life on both counts, and the sentences made to run concurrently.2. The trial related to an occurrence of the evening of 15.7.1984 wherein one Smt. Lda Thapa suffered severe burn injuries resulting in her death in the Military Hospital on 18.7.1984 at 9.20 a.m. The charges were based on the contention that Km. Rekha had drenched Smt. Thana with kerosene oil and Captain Radhey Shyam had set her ablaze in the evening of 15.7.1984 while the defence has been that she had drenched herself in kerosene oil under some fit of morbid hysteria, and caught fire from a candle that, was burning in the bed-room.3. ...
Awadhesh Pratap Singh Abdul Rehman and Brothers Vs. Commissioner of In ...
Court: Allahabad
Decided on: Dec-02-1993
Reported in: (1994)119CTR(All)1; [1994]210ITR406(All)
ASSESSMENT--No stock register maintained nor sales verifiable due to absence of cash memos--No vouchers of expenses and purchases and though turnover is high, low profits shown--Rejection of accounts and assessment under s. 144.Held :The amount books were rejected because no stock register was maintained nor the sales were found verifiable in absence of the cash memos. The vouchers of expenses were also not forthcoming and the income returned was ridiculously low as compared to the exorbitant turnover and the extent of the business carried on by the assessee. It is true that absence of stock register or cash memos in a given situation may not per se lead to an inference that accounts are false or incomplete. However, where absence of a stock register, cash memos, etc., if coupled with other factors like vouchers in support of the expenses and purchases made are not forthcoming and the profits are low. Conclusion :In the absence of material to verify stock and sales rejection of accoun...
Gangeshwar Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-02-1993
Reported in: 1995(76)ELT515(All)
ORDERS.C. Verma, J.1. The petitioner-Company is engaged in the manufacture and sale of sugar. Under the Central Excises and Salt Act, 1944, sugar being an excisable goods, excise duty was levied on its manufacture and was collected by the respondents under Rule 8 of the Central Excise and Salt Rules, 1944. The Central Govt. issued an exemption Notification No. 146/74/F. No. 14/22/74/CX I, dated 12-10-1974, providing for certain excise duty rebate on excess production in the sugar year 1974-75 which was in excess of average production of the corresponding period in the preceding five sugar years. The petitioner in accordance with the aforesaid Notification claimed rebate on the basis of its production during the period 1-12-1974 to 30-9-1975. The petitioner company claimed rebate of excise duty for a sum of Rs. 25,90,952.36 P. The aforesaid rebate claimed by the petitioner was sanctioned by the Supdt., Central Excise, M.O.R. (S.R.P.) Saharanpur, vide their order dated 18-10-1975. Later ...
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