Allahabad Court May 1995 Judgments
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i.T.i. Limited Allahabad Vs. Passenger Tax Officer, Allahabad
Court: Allahabad
Decided on: May-22-1995
Reported in: AIR1996All79
ORDERD.K. Seth, J.1. In this case a very short point emerges as to whether any Passenger Tax under the provisions of Section 3 of the U. P. Motor Gadi (Yatri-Kar) Adhiniyam, 1962 hereinafter referred to as 'the said Act, could be levied on the vehicles of the petitioner used for carrying its own employees or their children according to the terms of their service against a nominal maintenance charge.2. Admittedly the petitioner had got these vehicles registered as stage carriages earlier but now it is being registered as private service vehicles. Those vehicles are part of the welfare scheme for the petitioner's employees and their children. The employees of the petitioner are transported to the Factory from particular points of the city and returned. The employees who stay within the Factory premises, the vehicle is used for carrying their children to Schools situated at the City of Allahabad. Besides this purpose, these vehicles are not used for any other purpose. The vehicle is used ...
Bhola Nath Vs. Mohammad Ibrahim and Another
Court: Allahabad
Decided on: May-19-1995
Reported in: AIR1996All119
1. The present second appeal has been filed by the defendant-appellant.2. The facts necessary for the decision of the appeal are as under.Plaintiff-respondents filed a suit for ejectment, recovery of arrears of rent and damages for use and occupation with the allegation that they are the owners of the shop in suit of which the defendant appellant is the tenant at the rate of Rs.22.50/- per month. The defendant has not paid rent since 1-1-1965.3. The suit was filed mainly on two grounds, namely, (1) on the ground of default in payment of rent and (2) on the ground of making material alterations, in the building without the consent of the landlord.4. The defendant contested the suit on the ground that the tenancy is annual and not monthly and that the rent is Rs. 270/- per annum. It was alleged that initially for some time the plaintiffs used to take clothes etc. and, on account of that the rent was adjusted towards the price of the clothes by the plaintiffs. In August, 1967 the defendan...
Krishna Ashram Educational Trust and Anothers Vs. District Judge, Alla ...
Court: Allahabad
Decided on: May-18-1995
Reported in: AIR1995All415
ORDER1. In the instant petition the petitioner, a registered Trust, is seeking the quashing of the order passed by the District Judge, Allahabad, respondent No. 1, dated2-1-1995 (Annexure 6 to the writ petition) passed in misc. case No. 725 of 1994 by which the learned District Judge, respondent No. 1, has modified his earlier order dated 29-10-1994 passed in Misc. Case No. 113 of 1994 (Annexure 4 to the writ petition).2. The petitioner-society holds perpetual lease rights in plot No. 35, Old Civil Station, 6 Bund Road, Allahabad, measuring 8 acres 3 rods and 2! poles. In the aforesaid land the Society runs a school namely Annuie Besent School for last 50 years. There had been encroachment on the part of the land and in order to prevent further encreachment and for repairing of the School building the Society was in need of money which the Society could not collect by any other means. Thus, in order to remove the financial constraints, the Society in its meeting held on 10-10-1992 reso...
Raghunath Dwivedi Vs. the Vice-chancellor, University of Allahabad and ...
Court: Allahabad
Decided on: May-16-1995
Reported in: AIR1996All52
ORDER1. Heard the present writ petition along with Civil Misc. Writ Petition No. 6238 of 1995 (Krishna Murthy Yadav and others v. University of Allahabad and others).2. The present writ petition was filed challenging the election result for the post of Vice-President of Students' Union of the University of Allahabad declared on 1-3-1995 in favour of the respondent No. 5 and for consequential reliefs.3. The writ petition was moved contending inter alia that the petitioner, a student of Allahabad University contested the election of students Union of the University scheduled on 25-2-1995 filing his nomination for the post of Vice-President. Election held on the date scheduled was followed by repolling of four polling stations on 26-2-1995 and upon counting of votes the Returning Officer declared the petitioner as elected having secured 17 votes more than his nearest rival candidate Mr. Utpal Rai, the respondent No. 5. The petitioner was administered oath on 27-2-1995 and the result of su...
Gangeshwar Ltd. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-16-1995
Reported in: 1995(61)LC191(Allahabad)
R.A. Sharma, J.1. By this writ petition, petitioner has challenged the order dated 22.3.1991, passed by the Assistant Commissioner (Assessment), Sales Tax, Saharanpur, imposing sales tax on gunny bags used by it in packing of sugar for the purpose of its storage and sale.2. Learned Counsel for the petitioner has stated that the controversy involved in this petition has already been decided by Lucknow Bench of this Court in Oudh Sugar Mills Ltd. v. State of U.P. and Ors. reported in 1995 UPTC 723. Writ Petition No. 3270 (MB) of 1992, decided on March 22, 1995, a copy of which has been placed before us. Learned Standing Counsel has, however, stated that the controversy involved in the instant case is not covered by the decision in the case of Oudh Sugar Mills Ltd. v. State of U.P. and Ors. (supra). In this connection it has been contended by him that as in the instant case a finding of implied contract of sales of gunny bags with sugar has been recorded, no exception can be taken to the ...
Gopi Krishna Agarwal Vs. Union of India (Uoi)
Court: Allahabad
Decided on: May-15-1995
Reported in: 1995(79)ELT18(All)
ORDERR.A. Sharma, J.1. Against an order dated 11-9-1989 passed by the Collector Customs (Appeals) petitioner has filed writ petition before this Court, which was dismissed on the ground that the petitioner has two alternative remedies, viz. (i) to move an application for recall of the order passed by the appellate authority on the ground that he could not appear before it due to the reasons beyond his control; and (ii) to file an appeal under the Customs Act. It 1 .appears that thereafter the petitioner filed an application before the Appellate Authority for recalling that order. Thereafter he also filed an appeal alongwith an application dated 19-9-1990 for condonation of delay before the Appellate Authority, after about 11 months and 28 days from the date when the writ petition filed by him was disposed of. The Appellate Authority rejected the application for condonation of delay on the ground that the petitioner has not given any reasonable explanation for the delay in filing the ap...
Moti Lal Vs. Smt. Savitiri
Court: Allahabad
Decided on: May-10-1995
Reported in: I(1997)DMC59
C.A. Rahim, J.1. An application Under Section 482, Cr.P.C. was filed by the applicant on 14.12.1982 with a prayer-of to set aside the order passed by the Court below and to stay the realisation of maintenance allowance. On that day an order was passed to issue notice to the opposite party. Operation of the impugned order was stayed subject to the regular monthly payment of Rs. 100/- by the appellant to the opposite party No. 1 by 10th of every month till further order. By a rejoinder affidavit filed on 1.11.1983 it has been stated by the applicant that the son of the applicant expired on 16.1.1982. On behalf of the opposite party No. 1 it has been submitted mat since that day, though no order was passed reducing the monthly allowance, still she is receiving Rs. 50/-, half of the allowance passed by this Court on 14.12.1982.2. During hearing on 4.4.1995 the learned Counsel for the applicant wanted to convert the application Under Section 482, Cr.P.C. to the writ petition on the ground t...
YasIn and ors. Vs. Sajjad HusaIn and anr.
Court: Allahabad
Decided on: May-10-1995
Reported in: 1996CriLJ747
ORDERC.A. Rahim, J.1. This revision has been preferred against the order dated 9-9-1992 passed by the A.C.J.M. III Court, Muzaffar Nagar summoning the revisionst under Section 364, I.P.C.2. The point that has been canvased by the learned counsel is that when the learned Magistrate did not accept the final report whereupon a protest petition was filed by the complainant along with the affidavits of the witnesses the second complaint filed by the said complainant is barred under rules of estoppel. A criminal case was instituted by one Sajjad Hussain against the revisionist which ended in final report. A protest petition was lodged by the said complainant and after considering the merits of the case learned Magistrate by an order dated 23-10-1991 rejected the protest petition and accepted the final report. It has been stated that no revision was filed against the said order. Thereafter the said Sajjad Husain filed one petition of complaint who was examined under Section 200, Cr. P.C. and ...
State Bank of India, Kanpur Vs. Deepak Malviya and Others
Court: Allahabad
Decided on: May-09-1995
Reported in: AIR1996All165; [1998]91CompCas569(All)
1. This is defendant'ssecond appeal. The facts necessary, for the decision of the appeal are as under :Deepak Malviya a minor aged about 14 years, Alok Malviya a minor aged about 12 years, Km. Reeta a minor aged about 15 years, all sons and daughter respectively of late Sri Bhola Nath Malviya resident of Kanpur through their natural guardian mother Smt. Sheela Devi and Smt. Sheela Devi herself filed Original Suit No. 80 of 1974 against Agent, State Bank of India, Kahoo Kothi Branch at premises Nos. 55/57 in the Court of 1st Civil Judge, Kanpur. In the aforesaid suit the plaintiffs claimed the following main relief: (a) A decree for redemption of the said pledge to secure the pledged ornaments returned back in favour of the plaintiffs on payment of principal amount and the interest thereto, be passed in favour of the plaintiffs and against the defendant and whereof the custody of the ornaments in suit be secured in favour of the plaintiffs through Court Agency. The plaint also contains ...
Satya NaraIn Singh Vs. U.P. Public Service Tribunal and ors.
Court: Allahabad
Decided on: May-08-1995
Reported in: [1995(71)FLR636]; (1996)ILLJ495All
P.K. Mukherjee, J.1. List has been revised. No one has turned up on behalf of the petitioner to prosecute the petition.2. With the assistance of learned Standing Counsel, I have carefully gone through the writ petition and the impugned orders under challenge.3. The petitioner is aggrieved by two orders; dated October 17, 1994 and July 19, 1977, passed by respondent Nos. 1 and 2 respectively, as well as the show cause notice dated September 19, 1974 issued by the respondent No. 2 calling upon the petitioner as to why the service of the petitioner be not dispensed with.4. It appears that the Inspector General of Police, U.P. Lucknow, respondent No. 2 in exercise of powers conferred under Para 511 of Police Regulations interfered with the order passed by Superintendent of Police on December 23, 1972 and issued a show cause notice to the petitioner.5. Against the aforesaid notice, the petitioner rushed to this Court by means of Writ Petition No. 12343 of 1975, which was dismissed on July 1...
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