Allahabad Court November 2001 Judgments
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United India Insurance Company Limited Vs. Alwar Singh and anr.
Court: Allahabad
Decided on: Nov-07-2001
Reported in: 1(2002)ACC615
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 9.5.2001 awarding Rs. 2,07,000/- as compensation to the claimant-respondents.2. The claim petition was filed by the claimant-respondent No. 1 with the allegations that on 10th March, 1998, while he was going on cycle, Truck No. P.B/ 3341 dashed against him. He received serious injuries. He was treated in the hospital where his brain was operated upon. He incurred heavy expenses in treatment.3. The appellant contested the claim petition on various grounds. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the driver of the truck with the result respondent No. 1 received serious injuries and his brain was operated upon. The Tribunal, on consideration of material evidence on the record, awarded Rs. 2,07,.000/- as compensation. The appellant has challenged this order in the present appeal.4. We have heard Mr. Amaresh Sinha, learned Counse...
United India Insurance Company Limited Vs. Smt. TasmIn and ors.
Court: Allahabad
Decided on: Nov-07-2001
Reported in: II(2002)ACC436
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 23.6.2001 awarding Rs. 1,84,500/- as compensation to the claimant-respondents.2. The claim petition was filed by the claimant-respondents with the allegations that the accident took place because the vehicle in question overturned and fell down in a pond due to rash and negligent driving by the driver of the vehicle. Ashiq Ali, husband of respondent No. 1 and father of respondents 2 and 3 died in the said accident.3. The appellant contested the claim petition on various grounds. It was alleged that the accident was not caused by the vehicle in question. Secondly it was not due to rash and negligent driving of the driver of the vehicle in question and the amount claimed as compensation was excessive. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the vehicle in question and, on consideration of evidence on the record, awarded Rs. 1,...
United India Insurance Company Limited Vs. Sayeeda and ors.
Court: Allahabad
Decided on: Nov-07-2001
Reported in: II(2002)ACC247
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 23.6.2001 awarding Rs. 1,75,500/- as compensation to the claimant-respondents.2. The claim petition was filed the claimant-respondents with the allegations that the accident took place because the vehicle in question overturned and fell down in a pond due to rash and negligent driving by the driver of the vehicle. Nazai Hasan, husband of respondent No. 1 and father of respondents 2 to 4 died in the said accident.3. The appellant contested the claim petition on various grounds. It was alleged that the accident was not caused by the vehicle in question. Secondly it was not due to rash and negligent driving of the driver of the vehicle in question and the amount claimed as compensation was excessive. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the vehicle in question and, on consideration of evidence on the record, awarded Rs. 1,75...
Lallan Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-06-2001
Reported in: 2002CriLJ1242
ORDERU.S. Tripathi, J.1. This revision has been directed against the order dated 30-10-2001, passed by the Sessions Judge, Chandauli in S.T. No 28 of 2001, holding accused Ram Singh, opposite party No. 2 as juvenile under Juvenile Justice (Care and Protection of Children) Act, 2000.2. Heard learned counsel for the applicant, learned A.G.A. and Sri Ashwani Mishra learned counsel for the opposite party No. 2 and perused the record.3. The opposite party No. 2 was facing trial in S.T. No. 28 of 2001, under Section 498A, 304B and 201, IPC and 3/4 Dowry Prohibition Act. The occurrence took place on 18-6-1997. The case was committed to the Court of Sessions by the Magistrate prior to 30-12-2000 and the trial against the opposite party No. 2 was pending on 30-12-2000. Before the Sessions Judge the applicant moved an appliction for declaring him juvenile. The above application was opposed by the prosecution on the ground that the provisions of the Juvenile Justice (Care and Protection) Act, 200...
Pappu Singh Vs. State of U.P.
Court: Allahabad
Decided on: Nov-06-2001
Reported in: 2002CriLJ1251
ORDERU.S. Tripathi, J.1. This revision has been directed against the Judgment and order dated 4-10-2001 passed by Sri N.B. Singh, Special Judge, SC/ST Act, Court No. 3, Deoria in Special Trial No. 52 of 2001, convicting the applicant under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to pay a fine of Rs. 200 only.2. The prosecution story briefly stated was that on 20-9-92 at about 7.00 p.m. at Kasba Bhatpar Rani, P.S. Bhatpar Rani, District Deoria, the applicant voluntarily caused hurt to Ashok Kumar and also threatened him to kill. He lodged a report of the said occurrence. On the basis of the report a case under Section 323/506 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter called the Act) was registered. After investigation the police submitted charge-sheet. During trial before the special Judge the prosecution examined Ashok Kumar (PW 1), ...
Oriental Insurance Co. Ltd. Vs. Pradeep Kumar and ors.
Court: Allahabad
Decided on: Nov-06-2001
Reported in: 2003ACJ307
Sudhir Narain and V.M. Sahai, JJ.1. This appeal is directed against the order of the Workmen's Compensation Commissioner dated 15.9.2001 awarding a sum of Rs. 2,42,980 as compensation.2. The claimant-respondent filed claim petition before the Workmen's Compensation Commissioner with the allegations that he was working as a conductor on the vehicle No. UP 14-E 0975 which met with an accident near Modi Nagar due to which his left leg below the middle thigh was amputated. He became disabled and was entitled to compensation.3. The appellant contested the claim petition. The Workmen's Compensation Commissioner found that the accident had taken place during the course of the employment and the claimant was entitled to compensation of a sum of Rs. 2,42,980. This order has been challenged in the present appeal by Oriental Insurance Co. Ltd.4. We have heard Mr. Arvind Kumar, learned Counsel for the appellant who submitted that left leg below middle thigh of claimant-respondent was amputated but...
Oriental Insurance Company Limited Vs. Pradeep Kumar and ors.
Court: Allahabad
Decided on: Nov-06-2001
Reported in: 1(2002)ACC688
Sudhir Narain, J.1. This appeal is directed against the order of the Workmen's Compensation Commissioner dated 15.9.2001 awarded a sum of Rs. 2,42,980/- as compensation.2. The claimant-respondent filed claim petition before the Workmen's Compensation Commissioner with the. allegations that he was working as a Conductor on vehicle No. UP-14/E-0975 which met with an accident near Modi Nagar due to which his left leg below middle thigh was amputated. He became disabled and was entitled to compensation.3. The appellant contested the claim petition. The Workmen's Compensation Commissioner found that the accident had taken place during the course of the employment and the claimant was entitled to compensation of a sum of Rs. 2,42,980/-, This order has been challenged in the present appeal by the Oriental Insurance Company Limited.4. We have heard Mr. Arvind Kumar, learned Counsel for the appellant who submitted that left leg below middle thigh of claimant-respondent was amputated but that am...
U.P. State Road Transport Corporation Vs. Smt. Laung Shree and anr.
Court: Allahabad
Decided on: Nov-06-2001
Reported in: 1(2002)ACC603
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Ghaziabad (in short the Tribunal) awarding Rs. 1,12,360/- as compensation to the claimant-respondent.2. The claim petition was filed by the claimant-respondent with the allegations that while she was standing at the gate of Bus Stand on 16.11.1998 waiting for a bus, the driver of Roadways Bus No. U.P. 80 N/9873 came rashly and negligently and dashed against her, with the result her right leg was crushed. She was treated in the hospital and her right leg below the knee was amputated. She used to sell Ghee.3. The appellant contested the claim petition on various grounds. It was pleaded that in fact claimant-respondent was herself guilty. She fell down because other co-passengers who were getting down from the bus pushed the claimant-respondent. The driver of the Corporation bus was not driving rashly and negligently.4. The Tribunal recorded a finding that the accident was caused due to ra...
Rama Shankar Tewari Vs. District Judge, Varanasi and ors.
Court: Allahabad
Decided on: Nov-05-2001
Reported in: 2002(1)AWC39
A.K. Yog, J.1. Petitioner, who happens to be a tenant of one room ground floor non-residential accommodation being part of House No. B20/34, Bhetupura, Varanasi, has approached this Court under Article 226. Constitution of India seeking to challenge concurrent judgments and orders dated 16.5.2001 (Annexure-10 to the petition) passed by the Prescribed Authority under Section 21 (1) (a)-1st proviso, U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972, U. P. Act No. XII of 1972 (for short called 'the Act'). and the appellate judgment and order of affirmance dated 19.9.2001 passed by appellate authority, respondent No. 1 (Annexure-12 to the petition).2. Contesting respondent landlord is represented by his counsel Sri P.K. Ganguli, advocate who appeared as counsel for the caveator applicant-respondent No. 2.3. Heard learned counsel for the parties and perused the record of the case.4. On behalf of the petitioner, following two submissions have been made :'The courts be...
Devendra Pratap Srivastava Vs. Life Insurance Corporation of India and ...
Court: Allahabad
Decided on: Nov-05-2001
Reported in: (2002)2UPLBEC1032
Janardan Sahai, J.1. The petitioner was appointed as a L.I.C. Agent. A show cause notice was issued to the petitioner, copy of which has been filed as Annexure 1 to the writ petition as to why his agency be not terminated as an agency of the Life Insurance Corporation of India could not given to a spouse of a Government servant and the petitioner had concealed the fact in his application form that he was married and his wife was in Government service. It was also alleged that earlier too an agency had been given to the petitioner and while applying for that too the petitioner had not disclosed the fact that his wife is in Government service. The petitioner replied to the show cause notice. The petitioner's case is that when he had first applied for appointment as an agent, he was not married and when he applied the second time, he had mentioned not only the fact that his wife was in Government service but also the fact she was holding the post of Basic Health Worker and in case any int...
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