Allahabad Court November 2002 Judgments
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United India Insurance Co. Ltd. Vs. Banshidhar Gupta and ors.
Court: Allahabad
Decided on: Nov-26-2002
Reported in: I(2003)ACC572; 2004ACJ111
Srivastava and Singh, JJ.1. Heard the learned counsel for the insurer appellant.2. The insurer appellant has filed this appeal under Section 173 of Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 2,18,000 to claimants-respondents in the proceedings under Section 166 of Motor Vehicles Act on account of the untimely death of Kalpana Gupta in the accident involving the offending motor vehicle which had been insured by the appellant.3. The Claims Tribunal on a careful consideration of the evidence and the materials brought on record, had come to the conclusion that the offending motor vehicle was being driven rashly and negligently at the time of the accident. The amount of compensation had been determined taking the income of the deceased at a figure of Rs. 12,000 per annum. While so determining the income, the Tribunal had valued the services rendered by the deceased who was a housewife. The deceased was aged about 29 years at the time of her death, the multiplier o...
U.P. Forest Corpn. Vs. Dy. Cit
Court: Allahabad
Decided on: Nov-26-2002
Reported in: [2003]129TAXMAN527(All)
Sudhir Narain, J.The basic issue in the consolidated appeals is whether the income of the appellant is wholly for charitable purpose as defined under section 2(15) of the Income Tax Act, 1961 (hereinafter referred to as the Act).2. The U.P. Forest Corporation, the appellant, was constituted by notification issued under section 3 of the U.P. Forest Corporation Act, 1974. The assessment proceedings were taken against it. The appellant claimed exemption on the ground that it is a local authority and was liable for exemption under section 10(20) of the Act. The assessing officer rejected the claim. The respondents then filed appeal and the Commissioner (Appeals), following the decision of the High Court in Writ Petition No. 1568 of 1977 for the assessment year 1976-77, held that the appellant was a local authority and as such was exempt from tax. The Tribunal, on appeal, set aside this order on the ground that the appellant was not a local authority. The appellant challenged these orders b...
Radhey Shyam and ors. Vs. District and Sessions Judge and ors.
Court: Allahabad
Decided on: Nov-25-2002
Reported in: 2003(1)AWC628
Sunil Ambwani, J.1. Heard Sri. R. N. Yadav for petitioners and Sri Manish Nigam for caveator-respondent No. 3.2. Petitioners have challenged an order dated 16.11.2002 passed by Additional District and Sessions Judge (Court No. 18), Allahabad, by which he has dismissed Civil Revision No. 249 of 2002, Radhey Shyam and Ors. v. Kalloo. The revision was filed against an order rejecting the application 35-ga for recalling the order by which the trial court had accepted the Commissioner's report. It has been dismissed on the ground that after the repeal of U. P. Amendment Act No. 31 of 1978 and Act No. 17 of 1991 to Section 115 of C.P.C. 1908 by C.P.C. (Amendment) Act No. 46 of 1999, the revision is not maintainable.3. Counsel for petitioners has placed reliance upon a judgment of this Court dated 9.10.2002 in Transfer Application No. 36 of 2002, Lallan v. Special Judge, Jaunpur and Ors., by which it has been held that revisions under Section 115, C.P.C., which were instituted before the Dist...
Jagdish Vs. District Judge and ors.
Court: Allahabad
Decided on: Nov-25-2002
Reported in: 2003(2)AWC1153
S.P. Mehrotra, J. 1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 24.11.2001, the order dated 5.8.2002 (Annexure-5 to the writ petition) and the judgment and order dated 28.9.2002 (Annexure-6 to the writ petition). It may be noted that copy of the order dated 24.11.2001 has not been filed along with the writ petition, even though in paragraph No. 5 of the writ petition, it has been mentioned that the copy of the said order dated 24.11.2002 has been filed as Annexure-2 to the writ petition. Annexure-2 to the writ petition is copy of the said judgment and order dated 28.9.2002.2. The dispute relates to a Kothari situated in Civil Lines, Station Road Badaun, Pargana and District Badaun, the details whereof have been given in the plaint of the suit referred to hereinafter. The said Kothari has hereinafter been referred to as 'the disputed accommodation'.3. From the allegations made in th...
Vishnu Mohan Vs. Incharge District Judge and ors.
Court: Allahabad
Decided on: Nov-25-2002
Reported in: 2003(3)AWC2181
Sunil Ambwani, J.1. Heard Sri V. K. Nagatch for petitioner and Sri Rahul Sahai for the contesting respondent No. 3.2. By the impugned order dated 19.10.2002, the District Judge, Mathura, has dismissed Civil Revision No. 120 of 2002 between Vishnu Mohan and Mahesh Chandra, on the ground that after the enforcement of C.P.C Amendment, 1999 with effect from 1st July, 2002, the civil revision was not maintainable.3. Counsel for petitioner has placed reliance upon a judgment of this Court dated 9.10.2002 in Transfer Application No. 36 of 2002, between Lallan and District Judge, Jaunpur and Ors., by which it has been held that revisions under Section 115, C.P.C., which were instituted before the District Judges prior to 1.7.2002 can be heard and disposed of by the District Judges, and that the jurisdiction to decide these revisions has not been taken away. This Court relied upon the judgments of Supreme Court in Commissioner of Income Tax, Bangalore v. Smt. Shardamma, JT 1996 (4) SC 90, in wh...
National Insurance Co. Ltd. Vs. Nitmala Tewari and ors.
Court: Allahabad
Decided on: Nov-25-2002
Reported in: II(2003)ACC567; 2003ACJ2105
S.P. Srivastava and M.P. Singh, JJ.1. Heard the learned Counsel for the insurer-appellant.2. The insurer appellant has filed this appeal under Section 173 of Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 1,98,800 to the claimants-respondents on account of the untimely death of Chandra Bhushan Tripathi, aged about 50 years in an accident involving the offending motor vehicle which had been insured by the present appellant.3. The learned Counsel for the appellant has strenuously urged that the offending vehicle a truck bearing registration No. UP 77A-4191 was not involved in the accident and has tried to assail the findings of the Claims Tribunal returned against the appellant on this aspect of the case. What has been urged by the counsel for the appellant is that the two eyewitnesses, who had been examined in support of their case to prove that the aforesaid truck was, in fact, the offending motor vehicle which had been rashly and negligently driven resulting in ...
National Insurance Company Ltd. Vs. Smt. Rekha Devi and ors.
Court: Allahabad
Decided on: Nov-25-2002
Reported in: II(2003)ACC491
S.P. Srivastava, J.Heard the learned Counsel for the insurer/appellant.1. The insurer-appellant feels aggrieved by the award of an amount of Rs. 1,52,000/- as compensation to the claimants 011 account of the untimely death of Saurabh, who was the only son of the claimants, aged about 8 years in the accident involving the offending motor vehicle which was insured by the appellant.2. The learned Counsel for the insurer-appellant has strenuously urged that the amount of compensation awarded by the Tribunal is highly excessive.3. In this connection, suffice it to say that there is nothing to indicate that the insurer-appellant had obtained the requisite permission envisaged under Section 170 of the Motor Vehicles Act and in that view of the matter, it can only raise the statutory defences available to it under the provisions of the aforesaid Act. Even otherwise, the Motor Accident Claims -Tribunal has taken into consideration the ratio of the decision of this Court in the case of United In...
Uma Shanker Rai Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Nov-23-2002
Reported in: 2003(1)AWC378
S.K. Sen, C.J.1. Heard Sri B.N. Singh learned counsel for the appellant-writ petitioner and Shri S.K. Rai learned additional standing counsel for the respondents.2. There is sufficient ground to condone the delay in filing the special appeal. The delay is condoned.3. This special appeal arises out of the order passed by the learned single Judge dated 29.8.2001, dismissing the writ petition filed for the claim for payment of disability pension.4. The appellant was posted in Command Hospital, Calcutta, in the year 1968, when a Medical Board examined him and on confirmation of findings of the Medical Board by the Director of Medical Services, the appellant was discharged from services on 25.4.1969. The cause of discharge of the appellant was invalidment from service in medical category being unfit for further retention in service for disability. Transient Situational Disturbance'.5. The claim of the petitioner was sent to the Controller of Defence Accounts (Pension) Allahabad, vide letter...
Karan Singh (D) Through L.Rs. Vs. Dy. Director of Consolidation and an ...
Court: Allahabad
Decided on: Nov-23-2002
Reported in: 2003(1)AWC620
R.H. Zaidi, J.1. Heard learned counsel for the parties and perused the record.2. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 3.9.1985 passed by the Deputy Director of Consolidation in exercise of his powers under Section 48 of the U. P. Consolidation of Holdings Act, for short 'the Act'.3. The relevant facts giving rise to the present petition, in brief, are that in the basic year, the name of the petitioner's father, Mohan Singh, was recorded in the revenue papers. Respondent No. 2, Hublal, filed an objection that he had purchased the land in dispute from Karan Singh and Ram Swarup, sons of Mohan Singh through the sale deed dated 3.12.1974, therefore, his name was liable to be entered in the revenue papers after expunging the names of Karan Singh and Ram Swarup whose names were mutated after the death of Mohan Singh. The objection filed b...
Bal Krishan Tripathi Vs. U.P.S.R.T.C. and anr.
Court: Allahabad
Decided on: Nov-23-2002
Reported in: 2003(1)AWC623
R.K. Agrawal, J.1. The present special appeal has been filed against the judgment and order dated 18.12.2001, passed by the learned single Judge wherein the writ petition filed by the appellant writ petitioner has been dismissed.2. Briefly stated the facts giving rise to the present special appeal are as follows :'The appellant writ petitioner was an employee of U. P. Government Roadways. On 1stJune, 1972 U.P. State Road Transport Corporation, hereinafter referred as the Corporation was formed. The State Government vide Notification dated 5.7.1972 gave an assurance to all the employees of U.P. Government Roadways that those employees who have gone on deputation to the Corporation and they are absorbed their service conditions would not be changed. In August, 1982 the appellant writ petitioner was absorbed in the Corporation. The appellant writ petitioner has been made to retire on 31.12.2001 on attaining the age of 58 years. According to the appellant writ petitioner in the year 1972, ...
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