Allahabad Court January 1994 Judgments
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Kumari Misra Vs. Chander Roshni Dubey and ors.
Court: Allahabad
Decided on: Jan-21-1994
Reported in: 1994CriLJ2157; II(1994)DMC388
J.P. Semwal, J.1. This revision is directed against the order dated 28.11.1988 of the Chief Judicial Magistrate, Allahabad, refusing to summon Smt. Chander Roshni Dubey, Smt. Arti Dubey and Km. Anju Dubey, respondents 1 to 3 under Section 319 Cr.P.C.2. This revision is being disposed of at the stage of admission.3. According to the admitted facts. Smt. Raj Kumar Mishra had lodged report against seven persons including afore-mentioned three respondents 1 to 3 under Section 498A TPC and Section 4 of the Prevention of Dowry Act. The Investigating Officer submitted final report against the aforementioned three respondents, and submitted charge sheet only against four accused persons lowing respondents 1 to 3. An application was made by the prosecution for summoning the aforementioned respondents 1 to 3 under Section 319 Cr. P.C. on the ground that three is evidence against the said respondents in the statements of Smt. Raj Kumari Mishra, P.W. 1 and Smt. Shobha Devi, P.W. 2. This applicatio...
Kanhaiya Lal Son of Gaya Prasad and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-19-1994
Reported in: 1994CriLJ2307
ORDERA.S. Tripathi, J.1. This revision is filed against the judgment and order dated 7-2-1989 passed by VII Addl. District and Sessions Judge, Kanpur Dehat in Criminal Appeals Nos. 58 of 1988 and 60. of 1988 and judgment and order dated 24-11-88 passed by IInd Addl. Munsif Magistrate, Kanpur Dehat in Criminal Case No. 884 of 1988.2. The trial Court by its judgment dated 24-11-1988 found one of the applicants, Vijai Kumar and Pradeep Kumar guilty under Sections 338 and 304A, I.P.C. They were fined only to pay Rs. 1000/- each and in default of payment of fine to undergo six months rigorous imprisonment.3. The applicant, Kanhaiya Lal was convicted under Section 30 of the Arms Act and was sentenced to pay a fine of Rs. 1000/- and in default of payment of fine to undergo six months rigorous imprisonment.4. In the appeal VII Addl. District and Sessions Judge held that the Reused, Parvendra Kumar was not found guilty and was acquitted. Accused, Vijai Kumar, was held guilty under Sections 304-...
State of U.P. Through the Collector and ors. Vs. Vidyawati Singh and a ...
Court: Allahabad
Decided on: Jan-19-1994
Reported in: 1994ACJ553
J.P. Semwal, J. 1. This appeal is directed against the judgment and order dated 31.3.1980, passed by Motor Accidents Claims Tribunal (V Addl. District and Sessions Judge), Deoria, awarding a sum of Rs. 49,212/- along with interest at 6 per cent with costs.2. The facts giving rise to the present appeal may be narrated within narrow compass. An accident took place on 8.9.1977, in which Heera Prasad Singh, who was Junior Engineer in Public Works Department while driving his motor cycle, collided with truck No. UPQ 1237 of the Agriculture Department of State of U.P., as a result of which Heera Prasad Singh received serious injuries and was admitted in Civil Hospital, Deoria and was further shifted to Medical College, Gorakhpur, on 16.9.1977, where he succumbed to his injuries at 1.30 a.m. on 17.9.1977. Deceased Heera Prasad Singh was aged about 27 years at the time of his death. His widow, Vidyawati Singh and son, Satish Kumar Singh, preferred claim petition before the Motor Accidents Clai...
U.P. State Bridge Corporation Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jan-19-1994
Reported in: 1994(74)ELT824(All)
ORDER1. By this petition, petitioner seeks a writ of certiorari quashing the order dated 29-10-1993 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, whereby the petitioner's application for seeking exemption from pre-deposit of the duty amount of Rs. 37,85,530.60 is modified Rs. 10 lakhs (Rupees ten lakhs only) in cash and furnish bank guarantee for an amount of Rs. 5 lakhs to the satisfaction of the Collector, Customs within three months from the date of the receipt of the order.2. It is also directed that during the pendency of the appeal the Revenue Authority shall not proceed with the recovery proceedings for the balance duty amount. It is also made clear that in case the petitioner fails to comply with the aforesaid terms, the concession granted to him shall stand automatically vacated and 4 months time for compliance of the order was granted and case was directed to be put up before the authority on 22-2-1994.3. Against this order, petitioner has fi...
Smt. Kamla Devi Kushwaha Vs. Smt. Manorma and Others
Court: Allahabad
Decided on: Jan-18-1994
Reported in: AIR1994All369
ORDER1. Heard the learned counsel for the petitioner learned counsel for respondents No. 1 and 2 and also perused the impugned judgment and order dated 11-11-1993 passed by learned District Judge, Jhansi whereby he remanded the case to the Judge, Small Cause for decision again as he allegedly had no alternative except to remand the same in view of the decision given by this Court in Civil Misc. Writ Petition No. 32568 of 1993 Smt. Kamla Devi Kushwaha v. Smt. Manorma on 24-9-1993.2. The proceedings had arisen out of suit for recovery of rent and ejectment of the tenant from the accommodation in question. The aforesaid suit was dismissed on merits by the learned Judge, Small Cause. The landlord feeling aggrieved, filed a revision application under Section 25 of the Provincial Small Cause Courts Act before the learned District Judge, who after hearing the same, set aside the judgment of the trial court and decreed the suit with costs. The aforesaid writ petition was, thereafter, preferred...
Dr. S.K. Dasgupta Vs. Meerut Collegiate Association, Meerut and Others
Court: Allahabad
Decided on: Jan-13-1994
Reported in: AIR1994All267; (1994)1UPLBEC309
ORDER1. The petitioner, who is a member of the general body of the Meerut Collegiate Association, has by means ofthe present petition under Art: 226 of the Constitution prayed for a writ of certiorari for quashing the communication dt. 25-5-1993 of the Principal, Meerut College, Meerut (Annexure-14 to the writ petition) and for a further relief by seeking a writ of mandamus directing the Principal of the Meerut College not to operate the bank accounts singly except with the joint signature of the Secretary.2. The petitioner has alleged in the writ petition that the Principal is committing gross financial irregularities and is mismanaging the funds of the College, particularly the students' funds and is acting in contravention of the Statutes of the Meerut University which regulate the financial powers of the Principal. The petitioner has filed the present writ petition as a public interest litigation.3. In the counter-affidavit filed by the Principal it is stated that the petitioner is...
Gulzari Lal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jan-11-1994
Reported in: 1994CriLJ3537
Palok Basu, J.1. The aforesaid there appeals have been filed against the judgment and order dated 31-7-1978 in Sessions Trial No. A-281 of 1974. Two of the aforesaid appeals are represented Criminal Appeal by convicted accused whereas the third one is by the State against the acquittal of two of the nominated accused and also against the acquittal of convicted accused under various Sections.CRIMINAL APPEAL No. 2189 of 1978.In this appeal Gulzari Lal, Harish Chandra, Rewa Ram, all three armed with lathis, Om Prakash and Anil Kumar, armed with knives are the appellants. Gulzari Lal, Harish Chandra and Rewa Ram stand convicted under Section 323/34, I.P.C. and sentenced to three months' S.I. and a fine of Rs. 500/-. Om Prakash stands convicted under Section 304, Part II, IPC and sentenced to four year' R.I. and a fine of Rs.4000/-. Anil Kumar stands convicted under Section 324, IPC and sentenced to one year's R.I. and a fine of Rs. 1000/-.Appeallants Gulzari Lal, Rewa Ram and Om Prakash ha...
Tarawati Tandon and ors. Vs. Hari Dutt Pathak and ors.
Court: Allahabad
Decided on: Jan-11-1994
Reported in: 1994ACJ638
A.P. Misra, J. 1. The aforesaid two appeals arise out of a common judgment and order passed by Motor Accidents Claims Tribunal, Almora. Hence, it is being disposed of by means of a common judgment as both the appeals were also heard through counsel who were common to both the appeals.2. F.A.F.O. No. 520 of 1981 has been preferred by the claimants for enhancement of claim to the extent claimed in the petition as claim for Rs. 23,100/- only was decreed. The other appeal No. 587 of 1981 is by National Insurance Co. Ltd. that the decree could only be up to Rs. 5,000/- and any award over and above that is illegal so far as appellant insurance company is concerned, hence to that extent it may be set aside. The owner of the vehicle did not contest the claim of both the appellants in both the appeals as none appeared in spite of notice.3. In short, the facts of the case are: that the accident with motor vehicle USR 2024 took place on 15th December, 1979, when the bus fell into a khud near Baij...
Commissioner of Income-tax Vs. Smt. Prakashwati
Court: Allahabad
Decided on: Jan-10-1994
Reported in: (1995)124CTR(All)83; [1994]210ITR567(All)
R.K. Gulati, J.1. These are two connected applications under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act') filed at the instance of the Revenue against a common order passed by the Income-tax Appellate Tribunal in respect of the assessment years 1984-85 and 1985-86. A common question proposed in these applications is as under :'Whether, in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct to cancel the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act ?'2. The assessments in respect of the above two years were completed under Section 143(1) of the Act under the 'summary assessment scheme' on income of Rs. 15,280 and Rs. 17,180, respectively. In respect of the assessment year 1984-85, the assessee was subjected to tax of Rs. 80 while in respect of the other year a tax of Rs. 475 was imposed. The Commissioner of Income-tax, Meerut, by a common order passed under Section 263 of the Act set aside th...
Commissioner of Gift-tax Vs. Kailashpat Juthalal (Huf)
Court: Allahabad
Decided on: Jan-10-1994
Reported in: (1994)118CTR(All)301; [1994]209ITR400(All); [1994]75TAXMAN133(All)
R.K. Gulati, J.1. By this application under Section 26(2) of the Gift-tax Act, 1958, the Commissioner of Gift-tax, Kanpur, seeks a direction from this court to the Income-tax Appellate Tribunal, 'B' Bench, Allahabad, to refer the following questions for opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the grounds on which notice under Section 16(1) of the Gift-tax Act was issued were not fully settled and the issue of notice was invalid ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the shares in Messrs. M. P. Udyog Ltd., were to be valued on yield basis and the ratio laid down by the Supreme Court in CGT v. Smt. Kusumben D. Mahadevia : [1980]122ITR38(SC) , was applicable ? 3. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the sh...
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