Allahabad Court December 1994 Judgments
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Ramashrey Vs. Pawan
Court: Allahabad
Decided on: Dec-15-1994
Reported in: I(1995)DMC588
K.L. Sharma, J.1. This is a revision directed against the Judgment and order dated 7.8.1992 passed by Judge Family Court, Meerut Case No. 139 of 1992. Smt. Pawan v. Ramashray Prasad Under Section 125 Cr.P.C. whereby he was pleased to determine the maintenance allowance at the rate Rs. 500/- per month in favour of the wife with effect from 2.9.1987.2. I have heard the learned Counsel for the revisionist as well as Mr. O.P. Agarwal Counsel for the opposite party and perused the material brought on record. 'Learned Counsel for the revisionist has submitted that there has been divorce in the year 1989 and no appeal against divorce has been filed, but the learned Judge Family Court, Meerut has granted the maintenance allowance. On perusal of the judgment, I find that the Learned Judge has considered the question of divorce also, but mere divorce does not deprive the lady of her maintenance permissible under Section 125 Cr.P.C. until she remarries. Learned Counsel for the revisionist does no...
Ram Ashrey Prasad Vs. Smt. Pawan
Court: Allahabad
Decided on: Dec-15-1994
Reported in: II(1995)DMC121
K.L. Sharma, J.1. This is a revision directed against the judgment and order dated 7.8.1993 passed by Judge Family Court, Meerut in Case No. 139 of 1992, Smt. Pawan v. Ram Ashrey Prasad, Under Section 125 Cr.P.C. whereby he was pleased to determine the maintenance allowance at the rate of Rs. 500/- per month in favour of the wife with effect from 2.9.1987.2. I have heard the learned Counsel for the revisionist as well as Sri O.P. Agarwal, Counsel for the opposite party and perused the material brought on record. Learned Counsel for the revisionist has submitted that there has been a divorce in the year 1989 and no appeal against divorce has been filed, but the learned Judge, Family Court, Meerut has granted the maintenance allowance. On perusal of the judgment, I find that the learned Judge has considered the question of divorce also, but mere divorce does not deprive the lady of her maintenance permissible under Section 125 Cr.P.C. until she remarries. Learned Counsel for the revision...
Lt. Arun Kumar Vs. State
Court: Allahabad
Decided on: Dec-14-1994
Reported in: I(1995)DMC456
C.A. Rahim, J.1. Heard both the sides on the point of admission. Learned Counsel for the petitioner has submitted that there is no allegation in the First Information Report against the petitioner. The victim was shifted to the hospital at 11.20 a.m. i.e. within 20 minutes after it came to the notice of the petitioner. The victim died in the hospital at 11.50 a.m. He has claimed that the petitioner also informed the parents of the victim about the poison consumed by her. The only allegation against the petitioner is that did not protect the victim i.e. his wife, even after it was known to him that his parents and inmates were committing torture on her. In one of the letters (at page 26 of the counter affidavit) it was written by him to his wife that she might shift to her father's residence, if situation so demanded.2. Learned Counsel for the respondent No. 2 has submitted that in two letters and the Audio Cassette, it is evident that the petitioner was responsible for the murder. He h...
Commissioner of Income-tax Vs. Surendra Singh Pahwa and Others
Court: Allahabad
Decided on: Dec-13-1994
Reported in: AIR1995All259
1. Both these appeals being, in a sense, interconnected, it would be convenient to dispose them of by a common order. While First Appeal No. 161 of 1994 is directed the ex parte judgment and decree dated 5-1-1994 passed in suit No. 71 of 1992 Surendra Singh Pahwa v. Chandra Kumar, First Appeal From Order No. 1014 of 1994 is directed against the order rejecting application under Order 9, Rule 13, C.P.C. for setting aside the ex parte decree which is the subject matter of challenge in the 'First Appeal.2. The suit giving rise to these appeals was filed by the plaintiff respondent No. I, Surendra Singh Pahwa against the respondents Nos. 2 to 4 impleading the appellant as defendant No. 4 for specific performance of a contract for sale dated 23-3-1976 between Ram Kumar, the father of the defendant Nos. 1 to 3 and Deshraj Singh Pahwa, the father of the plaintiff for sale consideration of Rupees 1,70,000/- as well as for perpetual injuction restraining the defendant appellant from auctioning ...
Ram Saran Das Anil Kumar Vs. Assistant Commissioner of Income-tax and ...
Court: Allahabad
Decided on: Dec-12-1994
Reported in: [1995]212ITR353(All)
1. Heard counsel for the parties.2. The short contention of the petitioner is that whereas the impugned notice dated October 24, 1994 (annexure 9 to the petition), is addressed to the firm, Messrs. Ram Saran Das Anil Kumar, which was constituted with effect from April 1, 1979, with two partners, namely, Kamlawati and Anil Kumar, the recovery outstanding against one Ram Saran Das for the assessment year 1986-87, who has nothing to do with the said firm, is sought to be made from the firm as mentioned in paragraph 2 of the impugned notice. It is said that assessments on the petitioner's firm had been made for the consecutive assessment years 1985-86 to 1987-88, but no demand was raised. The said firm was reconstituted with effect from June 12, 1989, by two partners, namely, Sunil Kumar and Anil Kumar, and that firm has been continuing till date.3. Aggrieved, the petitioner-firm filed objections dated November 18, 1994 (annexure 8 to the writ petition), which are said to be still pending ...
Krishna Kant Pandey Vs. Haryana Roadways
Court: Allahabad
Decided on: Dec-09-1994
Reported in: 1996ACJ824
S.R. Singh, J.1. This appeal under Section 110-D of the Motor Vehicles Act (in short 'the Act') is directed against the judgment and order dated 14.5.1980, rendered by 4th Additional District and Sessions Judge (Motor Accidents Claims Tribunal), Saharanpur, thereby rejecting the claim petition No. 1 of 1979 preferred by the appellant in respect of accident which occurred on 25.7.1978 involving bus No. HYB 664 of Haryana Roadways. The claimant-appellant was employed as an Inspector in the E.S.I. Corporation, Saharanpur, at the time of the accident. The bus was being driven by driver Permanand.2. It would appear from a perusal of the record that at the time of accident, the front right tyre of the bus suddenly deflated resulting in the ill-fated bus deflecting and dashing against the tree on the roadside. The claimant, besides driver of the bus and the other co-passengers, sustained injuries in the accident which occurred due to the vehicle dashing against the tree. The appellant has sta...
Handicrafts Industries Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-08-1994
Reported in: [1995]216ITR522(All)
1. The present application under Section 256(2) of the Income-tax Act, 1961, seeks calling of the following questions for the opinion of this court ;'1. Whether the Income-tax Appellate Tribunal was correct in law in holding that the loss of damaged goods admittedly suffered by the assessee could not be allowed as deduction while working out the income from the business for the reasons given by the Commissioner of Income-tax (Appeals) who did not afford any opportunity to the appellant to explain the same and without dealing with the submissions of the appellant against the action of the Commissioner of Income-tax (Appeals) ? 2. Whether the Income-tax Appellate Tribunal was correct in law in not allowing the loss of damaged goods from the profit estimated on flat rate basis in view of the decision of the Allahabad High Court in the case of Saraya Engineering Works v. CIT : [1987]168ITR455(All) , where the facts were quite different as against in the matter of the appellant where such l...
Dendrite (India) Pvt. Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Dec-08-1994
Reported in: 1996(83)ELT37(All)
ORDERA.P. Misra, J.1. Heard learned counsel for the petitioner and Sri U.N. Sharma appearing for the respondents.2. Petitioner seeks direction for not giving effect to the order passed on 1-12-1994 until stay/waiver application, which is pending before the Tribunal, is disposed of.3. The present petition pertains to adjudication of the order passed on 4-10-1993 by the Deputy Collector Excise who has confirmed the demand and directed the petitioner to deposit forthwith, but the Collector Central Excise (Appeals) by order dated 27-4-1994 dismissed the appeal. Thereafter, the petitioner being aggrieved filed appeal alongwith the stay/waiver application before the Appellate Tribunal which is still pending. It is further averred that for disposal of the stay/waiver application the said authority has fixed 23-1-1995 as the next date. However, in the mean time the authority concerned, Superintendent Cental Excise has detained the entire stock of the petitioner for the recovery of the amount o...
Ramjeet Vs. State of U.P.
Court: Allahabad
Decided on: Dec-08-1994
Reported in: I(1995)ACC442
Virendra Saran, J.1. Heard learned Counsel for the applicant and the learned Counsel for the State.2. Ramjeet has filed this revision against the Judgment and Order dated 20.4.1983 of the II Additional Sessions Judge, Faizabad dismissing criminal appeal No. 254 of 1982 against the Judgment and Order dated 30.8.1982 of the III Judicial Magistrate, Faizabad in Criminal Case No. 617 of 1979 convicting and sentencing the applicant under Section 304- A IPC to one year's R.I. and under Section 279 IPC for three months' R.I.3. According to the case of the prosecution, on 5.4.1979 at about 9 A.M. deceased Subash was knocked down by a speeding bus. It is alleged that Subhash was looking after certain cattle which were going on the main-road. The number of the bus is mentioned in the FIR as USL 9451 and the name of the applicant is mentioned in the FIR. It is not mentioned in the FIR as to how the name of the applicant was known at the spot. However, in evidence it has come that one Yadu Nath, w...
Ranjeet Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-07-1994
Reported in: 1995CriLJ3505
ORDERVirendra Saran, J.1. Heard Sri Raza Zaheer on behalf of the applicant and Sri Bireshwar Nath and Sri Janardan Singh for the State.2. By means of this application Ranjeet Singh alias Laddu Singh has prayed for the quashing of the order of the Chief Judicial Magistrate, Lucknow purporting to have been passed under Section 267 of the Code of Criminal Procedure (for short, the Code) in respect of crime No. 496 of 1994 under Sections 302/120B, l.P.C. of police station Aliganj, district Lucknow.3. The deceased Sri Susheel Kumar Misra was the Chief Engineer, Mandi Parishad, Uttar Pradesh. He is alleged to have been shot while going on usual morning walk at about 7 a.m. on August 7,1994. He was rushed to the hospital, but he succumbed to his injuries. The crime was reported by Sri Vinod Kumar younger brother of the deceased at P. S. Aliganj, Lucknow. The applicant is not named in the F.I.R. but his complicity emerged during the course of investigation. The applicant is accused in yet anot...
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