Allahabad Court January 1996 Judgments
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Vijay Kumar Singhal Vs. U.P. State Road Trans. Corporation and ors.
Court: Allahabad
Decided on: Jan-17-1996
Reported in: 1996ACJ771
R.B. Mehrotra, J.1. The present first appeal from order is directed against an award given by the IInd Additional District Judge, Meerut (exercising powers of the Motor Accidents Claims Tribunal) dated 30.5.1981, awarding Rs. 26,000/- to the claimant for the injuries sustained by him in a motor accident, whereas the claimant has claimed an amount of Rs. 3,00,000/-for the injuries sustained by him on the person, mental agony, etc. and for loss of earnings. This appeal is filed by the claimant praying for enhancing the amount of compensation awarded.2. The only point which arises for consideration in the present appeal is that in the facts and circumstances of the case, what is the appropriate amount which the claimant is entitled to be awarded.3. The Tribunal recorded the following finding regarding nature of injuries sustained by the claimant:The occupant, namely, Vijay Kumar Singhal who was on the back seat of the car and also sustained severe injuries, testified about the nature of t...
Rajasthan State Road Transport Corp. Vs. Smt. Shanti Devi Garg and ors ...
Court: Allahabad
Decided on: Jan-17-1996
Reported in: 1(1996)ACC576
R.B. Mehrotra, J.1. Sri Vinod Kumar Garg on 4.5.1993 was travelling by Bus No. RJ-14-P-1758 belonging to Rajasthan State Road Transport Corporation from Agra to Bharatpur. When the bus reached military area Shahganj Railway crossing, it did not stop before the speed-breaker resulting in a situation where front wheel of the bus passed over the speed breaker and the bus came down with a big jolt, as a result of which the exit gate of the bus opened and Vinod Kumar Garg, who was sitting near the window, fell down from the bus. Sri Vinod Kumar Garg received grievous head injuries and he immediately died after 25 minutes. The accident had taken place at 11 a.m. and Vinod Kumar Garg expired at 11.25 a.m.2. The dependents of the deceased, Sri Vinod Kumar Garg, namely, Smt.Shanti Devi Garg, the mother of the deceased and Smt. Sarita Garg, the widow of the deceased as well as three minor children of the deceased filed a claim petitionbefore the Motor Accident Claims Tribunal which was presided ...
Abbas Wazir (P.) Ltd. Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-16-1996
Reported in: (1997)140CTR(All)538; [1996]220ITR141(All); [1996]86TAXMAN453(All)
1. At the instance of the assessee, the following question has been referred to this court under Section 256(1) of the Income-tax Act, 1961, for its opinion by the Income-tax Appellate Tribunal :' 1. Whether upon the facts and in the circumstances of the case, the Tribunal was justified in reversing the order of the first appellate authority which allowed the deduction of Rs. 1,28,107 which was claimed under the head 'Bonus payable' ?'2. The question for consideration is whether, on the facts and circumstances of the case, the assessee can be allowed deduction in respect of 'payment of bonus at the rate more than 8.33 per cent., i. e., the minimum limit of bonus.3. Section 36(1)(ii) of the Act states as follows :' (1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in Section 28-- ..... (ii) any sum paid to an employee as bonus or commission for services rendered, where such sum woul...
Sanjai Kumar and anr. Vs. Vith Additional District Judge and ors.
Court: Allahabad
Decided on: Jan-16-1996
Reported in: 1996CriLJ2413
ORDERN. Saxena, J.1. The dispute relates to a house and shop situated in Mohalla Gandhi Tola, Tehsil, Nawabganj, District Bareilly. Sanjai Kumar and Anjai Kumar, who were real brothers, claimed to have purchased the same from opposite party No. 4, Smt. Babita Gupta alias Pratibha Gupta, wife of Ram Prakash Gupta by means of a sale deed dated 27-7-1994. The property was a house only on the date of the said purchase and the petitioners thereafter, got constructed a shop in it and started business of jewellery therein. Opposite Party No. 4 Smt. Babita Gupta on 16-11-1994 instituted Civil Suit No. 473 of 1994 on frivolous allegations for declaration that she was the absolute owner in possession of the house in dispute and prayed for declaration that the sale deed dated 27-7-1994 executed by her was illegal, void and without consideration. It is not necessary to enter into the details of the suit but it is significant to mention that no interim order of any kind was passed by the civil Cour...
Gulshan Cassettes Industries Vs. Asstt. Commr. of C. Ex.
Court: Allahabad
Decided on: Jan-16-1996
Reported in: 1996(83)ELT48(All)
ORDER1. The case of the petitioner is that he is entitled to a refund for which refund claim was made on 7-1-1993 vide Annexure I, which is said to be still pending before the respondent.2. Upon hearing the parties, we dispose of the petition directing the respondent to decide the aforesaid refund, claim within 15 days from date, a certified copy of this order is produced before him by the petitioners.3. A copy of this order may be given to the parties within 2 days on payment of usual charges....
Ram Sumiran Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-12-1996
Reported in: AIR1996All291; (1996)3UPLBEC1936
ORDERK. C. Bhargava, J.1. The petitionerwho is 83 years old freedom fighter had to knock the door of this Court in order to get freedom fighter's pension. The petitioner prays for quashing the order dated 20-12-1994 passed by the Dy. Secretary, U. P. Govt. as contained in Annexure-13.2. The petitioner has alleged himself to be a freedom-fighter and is entitled to the pension under the 'Uttar Pradesh Swatantrata Sangram Senaniyon Aur Unke Parivaron Ko Diye Jane Wale Anudan Tatha Swatantrata Sangram Pension Sambandhi Niyam.' The petitioner has taken part in the freedom of the country and participated with the same along with late Pt. Jawahar Lal Nehru and late Mahatma Gandhi. The petitioner was arrested from the meeting which was held on 28th March, 1941 and was sent to District Jail, Faizabad. He remained in District Jail, Faizabad from 2-4-1941 to 23-5-1941. On 2-4-1941 he was punished under Section 38(5) (121 )of Defence of India Rules for one month's R.I. and to pay a fine of Rs. 30/...
Sharvan Lal Sing Vs. Dy. Labour Commissioner, Kumaon Div. and anr.
Court: Allahabad
Decided on: Jan-12-1996
Reported in: (1996)IILLJ14All
R.R.K. Trivedi, J. 1. Heard Counsel for the petitioner.Since the petitioner has an alternative remedy to file appeal under Section 30 of the Workmen's Compensation Act, 1923, I do not find it a fit case for interference.2. Learned counsel for the petitioner, however, submitted that this petition has been filed challenging the order rejecting the restoration application of the petitioner.3. In my opinion, on this basis the writ petition cannot be entertained as on the appellate side, this Court may be entitled to look into the facts and circumstances in which the order was passed ex-parte against the petitioner.Subject to the aforesaid, the writ petition is rejected....
U.P. State Cement Corporation Ltd. Vs. Industrial Tribunal I and anr.
Court: Allahabad
Decided on: Jan-12-1996
Reported in: [1996(73)FLR1184]; (1996)IILLJ953All
D.K. Seth, J.1. The post of Pharmacist in the petitioner's organisation fell vacant on March 1, 1987. The respondent No. 2 who was Dresser-cum-Ward Boy was allowed to perform the work of Pharmacist on ad hoc basis, for which he was being paid difference of pay, though he was not given the scale until regular selection was made in October 1989, when one Kera Ram was selected and given appointment. Since the respondent No. 2 had worked for two years and seven months in the said post temporarily and by reason of his performance of duty he had acquired experience, recommendation was made for giving him the scale. Before the selection and appointment the petitioner had moved the Industrial Tribunal, on which case No. 121 of 1988 was initiated, wherein the Tribunal had passed the award on January 1, 1991. In the said Award the respondents were directed to regularise the respondent No. 2 on the post of Pharmacist, following the decision in the case of Bhagwati Prasad v. Delhi State Mineral De...
Dwarika Singh, Son of Ram Lagan Singh Vs. the District Judge and ors.
Court: Allahabad
Decided on: Jan-11-1996
Reported in: AIR1996All325
ORDER1. The present petition has been filed against the judgment and order of the District Judge, Jaunpur dated 6-12-1982 (Annexure 3 to the writ petition), wherein the learned District Judge has upheld the judgment and order of the learned Munsif dated 15-2-1981 (Annexure 2 to the writ petition).2. The factual gamut of the case is that one Smt. Patiraji, respondent No. 3, filed Civil Suit No. 112 of 1974 on 16-4-1974 before the learned Munsif for the cancellation of the sale-deed of the agricultural land dated 14-9-1973 which had subsequently been registered on 25-9-1973 on the ground that respondent No. 3, who owned and possessed the land in dispute, had never executed the said sale-deed and it had been obtained by playing fraud as some one had been imposted as the vendor to execute the said sale-deed. The present petitioner who was the defendant in the said suit raised the preliminary objection that the Civil Suit was not maintainable as the Civil Court has no jurisdiction over the ...
Devendra Kumar Srivastava and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-11-1996
Reported in: (1996)IILLJ256All
P.K. Mukherjee J. 1. In the instant writ petition, the petitioners, have approached this Court, being aggrieved by the promotion of certain junior persons, namely respondents IInd and IIIrd sets, who have been impleaded in the writ petition from respondents No. 3 to 12.2. The petitioners pray that a writ, order or direction in the nature of mandamus be issued by this Court directing the respondents to consider the petitioners' candidature and to promote them to the post of Assistant Sales Tax Commissioner with effect from the date when their immediate juniors were promoted as Assistant Sales Tax Commissioner, by the order dated April 12, 1989, contained in Annexure 3 to the Writ Petition.3. The petitioners further pray to issue directions to the respondents to consider and promote the petitioners to the post of Assistant Sales Tax Commissioner, against the prospective vacancies as and when the same are going to be filled by the respondents.4. Sri A. Kumar, learned counsel for the petit...
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