Allahabad Court April 1993 Judgments
National Insurance Co. Ltd. Vs. Jumrati and ors.
Court: Allahabad
Decided on: Apr-30-1993
Reported in: II(1993)ACC515; 1993ACJ961
M.L. Bhat, J.1. This appeal is filed by the insurance company against the judgment of the court below exercising the powers of Tribunal under the Motor Vehicles Act.2. It appears that Tribunal had dismissed the claim petition qua the appellant and decreed the claim of the claimants against the owner of the vehicle on the ground that driver of the vehicle who was driving the vehicle at the time of accident did not have a valid licence for driving. The owner of the vehicle, thereafter, seems to have filed a review petition before the Tribunal and the Tribunal, while deciding the review petition and granting the same, held that driver had a valid licence at the time of the accident, therefore, appellant was liable to pay the compensation and not the owner.3. It appeals that in the written statement the owner had given the driving licence number of the driver as 2481/80 which was valid up to 14.1.1991. In the review petition it was stated that the number of the driving licence was 21181/80...
Tag this Judgment!National Insurance Co. Ltd. Vs. Swarn Kanta Sahgal and ors.
Court: Allahabad
Decided on: Apr-30-1993
Reported in: 1994ACJ468
M.L. Bhat, J. 1. This is an appeal filed by the insurance company against the judgment and award of the court below exercising powers under the Motor Vehicles Act, dated 18.12.1987. By this judgment court below had granted compensation to the respondents in connection with the death of one Jang Bahadur Sahgal to the tune of Rs. 54,000/-along with interest at the rate of 10 per cent per annum from the date of filing of the petition, i.e., 10.4.1986 till the date of payment.2. The deceased is said to have been retired army personnel and after his retirement he had sought a private employment in a club. On the fateful day, he was going on his scooter when the truck in question, owned by one Satpal Singh, which was being driven rashly and negligently, hit the scooter from the back side and the deceased is said to have died on the spot. The occurrence is said to have been witnessed by some passers-by. The claimants had preferred a claim for compensation for Rs. 6,20,000/-but the Tribunal gr...
Tag this Judgment!National Insurance Co. Ltd. Vs. Smt. Swarn Kanta Sahgal and ors.
Court: Allahabad
Decided on: Apr-30-1993
Reported in: 2(1996)ACC59
M.L. Bhat, J.1. This is an appeal filed by the Insurance Company against the judgment and award of the Court below exercising powers under the Motor Vehicles Act, dated 18.12.1987. By this judgment Court below has granted compensation to the respondents in connection with the death of one Jang Bahadur Sahgal to the tune of Rs. 54,000/- alongwith interest @ 10% per annum from the date of filing of the petition i.e. 10.4.1986 till the date of payment.2. The deceased is said to have been retired army personnel and after his retirement he had sought a private employment in a club. On the fateful day he was going on his scooter when the truck in question owned by one Satpal Singh which was being driven rashly and negligently, hit the scooter from the back side and the deceased is said to have died on the spot. The occurrence is said to have been witnessed by some passers-by. The claimants had preferred a claim for compensation for Rs. 6,20,000/- but the tribunal granted only Rs. 54,000/-. T...
Tag this Judgment!The National Insurance Company Ltd. Vs. Swarn Kanta Sahgal and ors.
Court: Allahabad
Decided on: Apr-30-1993
Reported in: 2(1993)ACC236
M.L. Bhat, J.1. This is an appeal filed by the Insurance Company against the judgment and award of the Court below exercising powers under the Motor Vehicles Act, dated 18.12.1987. By this judgment Court below had granted compensation to the respondents in connection with the death of one Jang Bahadur Sahgal to the tune of Rs. 54,000/- along with interest @ 10% per annum from the date of filing of the petition i.e. 10.4.1986 till the date of payment.2. The deceased is said to have been retired army personnel and after his retirement he had sought a private employment in a club. On the fateful day he was going on his scooter when the truck in question owned by one Satpal Singh which was being driven rashly and negligently, hit the scooter from the back side and the deceased is said to have died on the spot. The occurrence is said to have been witnessed by some passersby. The Claimants had preferred a Claim for compensation for Rs. 6,20,000/- but the Tribunal granted only Rs. 54,000/-. T...
Tag this Judgment!Rajendra Kumar Sharma Vs. Brijendra Kumar Sharma and Another
Court: Allahabad
Decided on: Apr-29-1993
Reported in: AIR1994All62
ORDER1. This is an appeal against an order passed by the court below whereby the court below has refused to issue a temporary injunction in favour of the appellant.2. It appears that the plaintiff has filed a suit for perpetual injunction against the defendant-respondents to the effect that the defendants, their servants, employees, agents and family members of anybody through them be restrained by means of permanent injunction not to use, utilise, usurp or misappropriate the share of property in whole or any part of the firm M / s. B.T. Paul and Sons situate at 84/13, Factory Area, Fazalganj, Kanpur and at 83-23-B, Building Material Market, Juhi, Govind Nagar, Kanpur till the said firm is finally wound up.3. The plaintiffs case before the trial court is that by virtue of a partnership deed dated 24-12-1966 he along with defendant No. 1 and Smt. Jaidevi, plaintiffs mother, had constituted a partnership firm under the name and style of M/s. B. T. Paul and Sonssituate at 84/13, Factory A...
Tag this Judgment!Smt. Deepa Suyal Vs. Sri Dinesh Chandra Suyal
Court: Allahabad
Decided on: Apr-29-1993
Reported in: AIR1993All244; I(1994)DMC5
ORDER1. A suit for restitution of conjugal rights filed by the respondent-husband has been decreed by the court below by its judgment dated 13-11-1987 against the appellant. The appellant is the wife.2. The husband's case before the court below was that he was married to the appellant on 5-12-1985. After few days of their marriage the appellant is said to have been called by her father and attend some religious functions at her father's house and she in pursuance of the said call had left for the father's house and did not return to the husband's house despite many requests made by the respondent-husband From 11-12-1985 the appellant is said to be staying at her father's house and is since then living separately from her husband. It is also alleged that the appellant has secured some employment in C.R.P. Force. According to the respondent it was not necessary for the appellant to seek appointment because the respondent was ready to maintain the appellant and give her all comforts in hi...
Tag this Judgment!Gopal Chand Srivastava and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-26-1993
Reported in: 1994CriLJ2863
Palok Basu, J.1. The two appeals have been filed by two brothers Gopal Chand Srivastava and Jagdish Srivastava, sons of Harish Chandra Srivastava against the judgment and order dated 20-6-1991 in Sessions Trial No. 256 of 1988 convicting the appellants under Section 302/34, I.P.C. and sentencing both of them to death thereunder and further convicting and sentencing them under Section 201, I.P.C. to three years' R.I. The aforesaid reference has been made by the Sessions Judge for confirmation of the sentence of death awarded by him to the two appellants.2. The charge against the two appellants and co-accused Sabha Shanker who stands acquitted was that on 27-9-1988 at about 10.30 p.m. they along with another miscreant committed five murders concerning Bindbasini Prasad Bageshwari Prasad, Surendra Kumar, Kamlesh Kumar and Sushil Kumar, punishable under Section 302/34, I.P.C. and further they concealed the weapons of assault, blood-stained Banka (sharp edged weapon) at the well which was n...
Tag this Judgment!M/S. Janta Agro Fertilisers, Meerut Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-23-1993
Reported in: AIR1994All164
ORDER1. By this petition, the petitioner has sought the relief to the effect that writ of certiorari be issued in his favour, quashing order dated 11-2-1993, passed by opposite party No. 3 and order dated 7-4-93, contained in Annexure No. 6-A, passed by the Appellate Authority i.e. opposite party No. 2 to the writ Petition.2. The petitioner has also prayed for issuance of order or direction to the effect that opposite parties be directed to order analysis of the sample lying with him duly sealed by a Lab other than one in which the previous sample was analysed preferrably by some Lab out of the State.3. The petitioner's case in nutshell is that the petitioner is a registered retail dealer of Fertilizer, for which purpose, a valid certificate of registration has been granted to the petitioner under the provisions of Clause 7 read will Clause 9 of the F.C.O., 1985 and thereunder the petitioner had been carrying on the business at the place known as Phalauda, District Meerut. According to...
Tag this Judgment!Bharat Explosive Ltd. Vs. the Pradeshiya Industrial and Investment Cor ...
Court: Allahabad
Decided on: Apr-20-1993
Reported in: AIR1994All123
ORDERG.S.N. Tripathi, J.1. This is a petition under Art. 226 of the Constitution for the following reliefs:--(a) to issue appropriate writ, order or direction in the nature of certiorari quashing and/setting aside the notice dated 4-11-1992 issued by the respondent No. 1 (Annexure 8 to the writ petition). (b) to issue appropriate writ, order or direction in the nature of certiorari quashing/ setting aside the letter dated 9-11-1992 (Annexure 10 to the writ petition. (c)to issue an appropriate writ, order or direction in the nature of mandamus directing the respondent No. 1 to create Pari-Passu charge in favour of the other Financial Institutions vis-a-vis the petitioner. (d) to issue an appropriate writ, order or direction in the nature of mandamus directing the respondent No. 1 to disburse the balance amount of loan to the petitioner in terms of the agreements. (e) to issue a writ, order or direction restraining the respondents, their officers and agents from taking any action pursuan...
Tag this Judgment!Lalta Prasad Vs. Nagar Palika and anr.
Court: Allahabad
Decided on: Apr-17-1993
Reported in: (1994)IILLJ29All; (1993)2UPLBEC1355
R.A. Sharma, J.1. Petitioner, who is Tahbazari Wasul Karta, has filed this writ petition challenging the order dated April 18, 1991, whereby he has been compulsorily retired from service.2. Respondents have filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. I have heard the learned counsel for the parties.3. In the counter-affidavit, it has been stated that in pursuance of the Government Order, Screening Committee was constituted which examined the work and records of service of the petitioner and the same being not up to the mark, the Screening Committee recommended compulsory retirement of the petitioner. Accordingly the impugned order was passed.4. Learned counsel for the petitioner has made two submissions, namely, (i) there was no adverse entry against him during the last ten years and the impugned order has been passed without disclosing the reason as to why the petitioner has been retired from service and (ii) Government vide order dated D...
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