Allahabad Court November 1994 Judgments
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Haseena Begum Vs. Shanwas Khan and ors.
Court: Allahabad
Decided on: Nov-09-1994
Reported in: I(1995)DMC583
N.B. Asthana, J.1. Suit. Naiyyur Jahnu Begum awarded maintenance allowance at the rate of Rs. 500/- per month from opposite party No. 1. The opposite party did not pay maintenance allowance. A considerable amount become accumulated. Smt. Naiyyar Jahan Begum died upon which an objection was filed by the opposite party No. 1 stating that after her death he is not liable to pay maintenance allowance and that her heirs cannot recover the accumulated maintenance allowance as the maintenance allowance was granted personally for the deceased. The Trial Court did not agree with the contention of opposite party No. 1 and directed that he should deposit the entire amount payable to the deceased till the date of her death. Aggrieved by this order opposite party No. 2 filed Criminal Revision No. 90 of 1990 which was decided on 6.6.90 by Vth Addl. Sessions Judge, Saharanpur. He came to the conclusion that the deceased was entitled to get maintenance allowance till she was alive and since she has no...
Dr. Rohit Gupta Vs. the Principal, S.N. Medical College, Agra and Othe ...
Court: Allahabad
Decided on: Nov-08-1994
Reported in: AIR1995All152; [1995(70)FLR407]; (1995)1UPLBEC365
ORDERM. Katju, J.1. This writ petition has been filed for a mandamus directing the 'respondents to permit the petitioner to continue his internship course in S. N. Medical College, Agra and to condone the discontinued period on account of an administrative order issued by, the respondent No. 2 It has also been prayed that the petitioner be permitted to appear in the forthcoming examination of the Post-Graduate Medical Internship Examination, 1995.2. We have heard Shri T. P. Singh, learned counsel for the petitioner and the learned standing counsel.3. The facts of the case are that the petitioner had initially taken admission in J. L. N. Medical College, Belgaum, Karnataka, in M.B.B.S. course in 1988. Subsequently he applied to the Secretary, Medical Council of India for this transfer to S. N. Medical College, Agra and he received, a communication from the Medical Council that his prayer has been granted. He then filed a writ petition in this Court which was admitted and an interim orde...
Oriental Insurance Co. Ltd. Vs. Fida Ali and ors.
Court: Allahabad
Decided on: Nov-08-1994
Reported in: 1995ACJ572
S.R. Singh, J.1. Present appeal under Section 173 of the Motor Vehicles Act, 1988, (in short 'the Act') has its genesis in the order dated 24.12.1993 passed by Mr. Chandrama Singh, 14th Additional District Judge, Moradabad, while acting as a Judge, Motor Accidents Claims Tribunal, Moradabad, whereby the learned Judge allowed the application seeking review of the award dated 3.7.1993 at the behest of the claimants, thereby providing for Rs. 16,000/- more to each of the claimant Nos. 1,2 and 3 towards compensation already awarded to the claimants. The grounds in consideration of which the review application has climaxed into success, are that the Tribunal in its award dated 3.7.1993 had subtracted a sum of Rs. 48,000/- by way of deductions owing to lump sum payment of the compensation.2. It is beyond the pale of controversy that the Tribunal had initially worked out a sum of Rs. 2,40,000/- as compensation payable to the claimants out of which a sum of Rs. 48,000/-, approximating to 20 pe...
United India Insurance Company Ltd. Vs. Smt. Sarita Rani Dhaka and Oth ...
Court: Allahabad
Decided on: Nov-07-1994
Reported in: 1995ACJ895; AIR1995All213
1. Insurer is appellant in this appeal under Section 173 of the Motor Vehicles Act, 1988.2. On 21-11-1989, while deceased aged 42 years who was an Assistant Commissioner of Sales Tax, was driving his Maruti Car, an oil tanker, risk of which was covered by theappeallant dashed against the car causing fatal injuries to the deceased. On that account, old parents, widow, two minor daughters and a minor, son filed an application claiming compensation of Rs. 12 lakhs alleging negligent driving of the oil tanker.3. Claimants examined witnesses and produced documents in support of their claim. Neither appellant nor any other opposite party adduced any evidence. Consider-ing materials on record, Tribunal determined just compensation of Rs. 8,80,000/- and directed insurer appellant to pay the same. This is grievance of the appellant.4. Driver of the oil tanker was the-best witness to explain the circumstances under which the truck collided with the car. No explanation has been offered by .owner ...
Commissioner of Income-tax Vs. S.R. Parmanand Chichar
Court: Allahabad
Decided on: Nov-07-1994
Reported in: [1995]212ITR536(All); [1995]78TAXMAN361(All)
A.P. Misra, J.1. In the present applications under Section 256(2) of the Income-tax Act, 1961, preferred by the Department the only question sought to be referred is :'Whether, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in cancelling the penalty imposed under Section 271(1)(a) of the Income-tax Act, 1961 ?'2. The brief facts of the case are that the assessee contested the levy of penalty under Section 271(1)(a) of the Income-tax Act, 1961, for the years 1978-79, 1979-80 and 1980-81. It is not being disputed that the returns were filed after some delay. The Department had issued notice under Section 148 of the Act for the assessment years 1978-79 and 1979-80. The assessing authority did not find the explanation of the assessee to be satisfactory for the delayed return and hence imposed penalties, which were confirmed by the first appellate authority. The Tribunal delated the penalty imposed for the assessment years 1978-79 and 1979-80, but mai...
Abdul Saeed Khan Vs. Sunni Central Board of Waqfs and Others
Court: Allahabad
Decided on: Nov-07-1994
Reported in: AIR1995All355
ORDERS.H.A. Raza, J.1. The dispute pertains to appointment of Mutwalli in a waqf Allal Aulad No. 7A of district Rae.Bareli. One Mohd. Ishaq Ali was the last Mutwalli of the said waqf. He died on 30-3-1978. The petitioner Abdul Saeed Khan claiming himself to be a son of late Mohd. Ishaq Ali born from Mst. Habia Begum, staked his claim for the Tauliyat-ship of the said waqf. Another person namely Imtiyaz Khan born from Mst. Shamshun Nisa, who was the daugher of Mst. Raj Kunwar alias Noor Jahan alleged to be the wife of Mohd. Ishaq Khan also stated his claim for the Tauliyat-ship. Two brothers namely Tasewwar Khan and Iqbal Khan have surrendered their rights in favour of Imtiaz Ali Khan for the Tauliyatship of the said waqf. Abdul Saeed Khan disputed the claim of Imtiaz Ali Khan on the ground that Mst. Raj Kunwar was not the legally wedded wife of Mohd. Ishaq but she was only a concubine. According to Abdul Saeed Khan, Shamsun Nisa was not the daughter of Mohd. Ishaq and, therefore, Imtia...
Ved Prakash Vs. Chaman Singh and ors.
Court: Allahabad
Decided on: Nov-07-1994
Reported in: 1995CriLJ3890
G.S.N. Tripathi, J.1. The Chief Judicial Magistrate, Muzaffarnagar, vide his judgment and order dated 31-5-1978, acquitted the accused Chaman Singh, Sahab Singh, Bhup Singh and Vishnu Datt on the charges under Section 448, 427, IPC. Therefore, the complainant has approached this Court by way of the present appeal. The appeal has been admitted and permission granted.2. The prosecution case started on the basis of a complaint filed by Ved Prakash (appellant) alleging that the accused committed trespass in his house on 5-7-1976 at about 7 p.m. along with 15 other persons. Without any authority, they broke open the lock of his house and took possession of the same forcibly. The articles kept therein were thrown and damaged by them. They were misutilizing all these goods belonging to the complainant's daughter, for which some separate proceedings would be launched. The complainant's wife and daughter who were not present at the house, after hearing the noise rushed to the complainant's hous...
Ramji Das and Another Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Nov-02-1994
Reported in: AIR1995All342
ORDER1. The challenge in this writ petition is to the award dated August 5, 1994 made under Section 11 of the Land Acquisition Act (hereinafter referred to as the Act).2. Notification under Section 4(1) and Section 6 with respect to certain land belonging to the petitioners were published in the Gazette on November 29, 1975. Aggrieved by the aforesaid notifications the petitioners filed Writ Petition No. 590 of 1976 in the High Court in which their dispossession was stayed on January 6, 1976 but the petition was ultimately dismissed on October 12, 1977. Thereafter, Civil Appeal No. 2857 of 1977 was filed in the Supreme Court in which stay order was passed on December 5, 1977. The appeal was however dismissed on August 6, 1992 and consequently the stay order was vacated. After dismissal of the appeal, notice under Section 9 of the Act was issued to the petitioners and an award was made on August 5, 1994 determining the amount of compensation payable to the land holders. The present peti...
Varshney General Sales and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-02-1994
Reported in: [2003]130STC202(All)
A.P. Misra, J.1. These groups of petitioners have challenged the vires of the U.P. Tax on Luxuries Ordinance, 1994 (U.P. Ordinance No. 8 of 1994) promulgated by the Governor of Uttar Pradesh on 14th May, 1994 and the Notification No. TT-2-1767/IX-9 (382)/93-U.P., dated 28th May, 1994, the Notification No. TT-2-1768/IX-9 (382)/93-U.P., dated 28th May, 1994 and Notification No. TT-2-2032/XI-9 (382), dated 15th June, 1994. The petitioners are either manufacturers, producers, sellers within and outside State of specific branded cigarettes, pan masala, zarda, chewing tobacco, khaini under branded or unbranded name also sellers of unmanufactured tobacco. The purchase and sale by all the petitioners are done within or outside the State. Some of the petitioners have specifically pleaded their sale of tobacco outside the State being up to 98 per cent. The validity of the Ordinance is challenged being violative of Articles 14, 19(1)(g), 213, 245, 246, 265, 269, 286, 301 and 304 of the Constituti...
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