Allahabad Court November 2001 Judgments
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V.S. Auto Parts Pvt. Ltd. Vs. Cegat, New Delhi
Court: Allahabad
Decided on: Nov-09-2001
Reported in: 2002(140)ELT6(All)
P.K. Jain, J. 1. By the present petition, the petitioner has prayed for quashing of the order dated 14-9-2001 passed by respondent No. 1 as contained in Annexure-1. A further prayer has been made to issue a suitable direction commanding the respondent No. 1 to hear and decide the Appeal No. E/1274/2001 on merit in accordance with law without insisting on pre-deposit.2. Shri Bharatji Agarwal, learned Senior Counsel appearing for the petitioner and Sri S.P. Kesharwani, learned standing Counsel appearing for the respondent have been heard.3. Submission on behalf of the petitioner is that the petitioner filed an appeal before the Tribunal in which he had specifically pleaded that his financial condition was very bad and he was not in a position to deposit the amount of excise duty levied. He has filed the balance sheet before the Tribunal but the Tribunal without considering the financial stringency passed the impugned order directing the petitioner to deposit Rs. 8 lacs. Shri S.P. Kesharw...
Indian Maize and Chemicals Ltd. (In Liquidation) Vs. Official Liquidat ...
Court: Allahabad
Decided on: Nov-09-2001
Reported in: [2002]108CompCas401(All); 2002CriLJ32
ORDER1. Heard Sri R.P. Agarwal for the applicant and Sri S.K. Saxena, the official liquidator. 2. This application has been filed for the relief to direct the official liquidator to settle the claims of the workmen of the company (in liquidation) on priority and in preference (and not rateably), to the dues of the secured creditor; and that in case the above directions for preferential payment to the workmen as aforesaid are not issued, the court may direct the official liquidator that in the computation of rateable distribution, the outstanding interest claim of the secured creditors on their loans/advances, should not be taken into consideration and the respective instalments of the workmen and secured creditors should be computed with respect to the principal amount of loans/advances as may be found due to the secured creditors. 3. The application A-56 has been disposed of and the prayers were rejected. It appears that due to the resolution of the Bar Association when the advocates ...
Indian Maize and Chemicals Ltd. (In Liquidation) Vs. Official Liquidat ...
Court: Allahabad
Decided on: Nov-09-2001
Reported in: (2002)2CompLJ32(All)
Sunil Ambwani, J.1. Heard Sri R.P. Agarwal for the applicant and Sri S.K. Saxena, Official Liquidator.2. This application has been filed for the relief to direct the Official Liquidator to settle the claims of the workmen of the company (in liquidation) on priority and in preference (and not rateably), to the dues of the secured creditor ; and in case, the above directions for preferential payment to the workmen as aforesaid are not issued, the court may direct the Official Liquidator that in the computation of rateable distribution, the outstanding interest claim of the secured creditors on their loans/advances, should not be taken into consideration and the respective instalments of the workmen and secured creditors should be computed with respect to the principal amount of loans/advances as may be found due to the secured creditors.3. The application A-56 has been disposed of and the prayers were rejected. It appears that due to the resolution of the Bar Association when the advocat...
Shabbir Vs. State of U.P.
Court: Allahabad
Decided on: Nov-09-2001
Reported in: 2002CriLJ1561; I(2002)DMC222
Bhanwar Singh, J.1. This appeal is directed against the verdict of conviction and sentence dated 21.7.1980, passed by Sri G.R.S. Tandon, the then II Additional Sessions Judge, Muzaffarnagar, whereby the appellant Shabbir was convicted under Section 302, I.P.C. for having strangulated his wife and sentenced to imprisonment for life.2. In brief, the facts giving rise to this appeal may be recapitulated as follows :The accused appellant Shabbir was married to Maimoona @ Mehmooda in the year 1977. They lived together for some time with harmony but the cordial relationship between the two did not last longer. The main cause of their strained relationship was that Shabbir being unemployed was in the habit of selling valuable household effects including jewellery of his wife. Maimoona always resented to the appellant's acts of alienating her jewellery and other household goods but her protests were not approved of by him and very often the latter used to beat her. A complaint was lodged by Me...
Dool Chand Yadav Vs. Chief Medical Officer
Court: Allahabad
Decided on: Nov-09-2001
Reported in: (2002)1UPLBEC421
Sunil Ambwani, J. 1. Petitioner Dool Chand Yadav, who was promoted from Ward Boy to the post of Clerk under 15% reservation quota, posted in the Police Hospital, Azamgarh and was directed to be attached with the Primary Health Centre, Mohammadpur, Azamgarh by the order dated 12.5.1989 passed by the Chief Medical Officer, Azamgarh has challenged the impugned order dated 6th June, 1989 cancelling the promotion of the petitioner and reverting him to his original post and place as Ward Boy in the Police Hospital, Azamgarh.2. Heard learned Counsel for the petitioner and the learned Standing Counsel.3. The facts of the case, in brief, are that the petitioner was appointed as Class IV employee (Ward Boy) on 27.6.1979. Some post of Lower Division Clerk fell vacant in the office of Chief Medical Officer, Azamgarh. After considering his work and service record, the selection committee promoted the petitioner to the post of clerk on temporary basis by order dated 12.5.1989 (Annexure-1 to the writ...
Uma Shanker and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-09-2001
Reported in: 2002CriLJ1260
Bhanwar Singh, J.1. This appeal is directed against the judgment of conviction and sentence dated 15121999, passed by the Session Judge, Ghazipur. By virtue of the said judgment, the six accusedappellants were convicted under Section 302/149 I.P.C. and sentenced to death. They were further held guilty under Section 307/149 IPC and sentenced to five years rigorous imprisonment. Also they were held guilty under Section 148 I.P.C. and sentenced to one year rigorous imprisonment. All the sentences were to run concurrently. Learned sessions Judge has also referred the verdict of conviction and sentence as disclosed above for confirmation under Section 306(1) of the Code of Criminal procedure.2. The facts giving rise to this appeal may, in brief, be recapitulated as follows :Sri Ram Chandra son of Bramhdev Singh Kushwaha, resident of village Deokali, P.S. Gahmar, district Ghazipur submitted a report to the Station Officer of Gahmar Police Station reciting therein that one Suresh, resident of...
Kirti Overseas and ors. Vs. Debt Recovery Appellate Tribunal and ors.
Court: Allahabad
Decided on: Nov-09-2001
Reported in: (2002)177CTR(All)427
G.P. Mathur, J.This petition under article 226 of the Constitution has been filed praying that a writ of mandamus be issued restraining the Debt Recovery Tribunal, Allahabad, from taking any action for recovery of Rs. 93,88,386 with interest from the petitioner in any manner whatsoever including by coercive measures in pursuance of the orders dated 15-10-1999, 19-6-2001 and 6-9-2001. A further prayer has been made that rr. 48 to 51 of the Income Tax Rules (sic-Schedule II to the Income Tax Act) be declared as null and void.2. The petitioners were granted packing credit limit of Rs. 25 lakhs and foreign bill purchase limit of the same amount by Union Bank of India. Dayal Bagh Marg, Agra (respondent No. 4) and an agreement was executed in that regard on 27-5-1996. In order to ensure repayment of the loan, the petitioners created an equitable mortgage of three houses situated in Mathura City in favour of the respondent-bank. Subsequently the petitioners were sanctioned additional packing ...
Regional Manager, U.P.S.R.T.C. Vs. Noor Jahan Begum
Court: Allahabad
Decided on: Nov-09-2001
Reported in: 1(2002)ACC551
Sudhir Narain, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 24th July, 2001 awarding a sum of Rs. 1,50,000/-as compensation.2. The son of the claimant died in the accident caused by the Corporation Bus No. UP-70/9028. 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 Corporation bus and on consideration of evidence it found that the claimant was entitled to a sum of Rs. 1,50,000/- as compensation. This order has been challenged in the present appeal.3. We have heard Mr. Sameer Sharma, learned Counsel for the appellant.4. Learned Counsel for the appellant assailed the finding recorded by the Tribunal. It is urged that the accident was not caused due to rash and negligent driving of the driver of the Corporation bus. It is further submitted that the amount awarded by the Tribunal as compensation is excessive.5. We have perused t...
United India Insurance Company Limited Vs. Awadh Kishore and ors.
Court: Allahabad
Decided on: Nov-09-2001
Reported in: III(2002)ACC316
ORDER1. This appeal is directed against the award of Motor Accident Claims Tribunal, Jhansi awarding a sum of Rs. 1,80,000/- as compensation to the claimant-respondents.2. The claim petition was filed with the allegation that Smt. Phula the wife of respondent No. 2 died in the accident caused by Tampo No. UP 93E-278.3. The appellant contested the claim petition on various grounds.4. The Tribunal recorded the finding that the accident was caused due to rash and negligent driving of the tampo in question.5. VW have heard Mr. Amaresh Sinha, learned Counsel for the appellant.6. Learned Counsel for the appellant submitted that there was no evidence on record that this vehicle at the time of the accident, was driven by Amar Singh.7. We have perused the impugned order of the Tribunal and the material placed before us. The Tribunal has recorded finding that the vehicle was driven by Amar Singh.8. Learned Counsel for the appellant has further contended that the amount of the award is too excess...
Divisional Manager, United India Insurance Company Ltd. Vs. Bhagirathi ...
Court: Allahabad
Decided on: Nov-09-2001
Reported in: III(2002)ACC601
Sudhir Narain, J.1. This appeal is directed against the award dated 7.8.2001 passed by Motor Accident Claims Tribunal, Deoria awarding Rs. 1,72,000/- as compensation to claimant-respondents.2. The claim petition was filed with the allegation that son of the claimant-respondent died in the accident caused on 4.10.1998 when he was going on his motorbike while truck bearing No. WB-03-2393 being driven rashly and negligently by the driver, hit the motor cycle on which son of the claimant-respondents aged about 24 years employed as Munshi of a contractor and had earning of Rs. 200/-per day.3. The claim petition was contested by the appellant on various grounds.4. The Tribunal recorded a finding that accident was caused due to rash and negligent driving of the driver in question. The vehicle in question was insured with the appellant Company and after taking into consideration the material evidence on record came to the conclusion that claimant-respondents were entitled for compensation of R...
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