Allahabad Court March 2007 Judgments
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Satendra Kumar S/O Beg Raj Singh, Vs. State of U.P. and Bheem Singh S/ ...
Court: Allahabad
Decided on: Mar-16-2007
Reported in: 2007CriLJ2537; II(2007)DMC452
K.N. Sinha, J.1. Heard Sri Amit Daga learned Counsel for the applicants and the learned A.G.A. appearing for the State.2. The present petition has been filed for quashing of the charge sheet filed against applicants under Sections 498A and 304B IPC and Section 3/4 Dowry prohibition Act.3. Learned Counsel for the applicants has submitted that according to the post mortem report no injury was found on the body of the deceased. The visra was preserved which was sent for chemical examination but no poison was found therein.4. Learned Counsel for the applicants has submitted that in view of the post mortem report and chemical examination report of visra, the offence under Section 304B IPC is not made out. He has relied upon a judgment of this Court reported in 2006 (10) Allahabad Daily Judgment pane 262 and submitted that in such case Charge sheet can not be find5. I have gone through the said judgment and find that this Court has directed the deletion of charge under Section 304B IPC. Howe...
Kohli Brothers Registered Partnership Firm Through Its Partner Mr. San ...
Court: Allahabad
Decided on: Mar-16-2007
Reported in: AIR2008All43; 2008(2)ARBLR19(All); 2007(3)AWC2148
Amitava Lala, J.1. This appeal is directed against an order dated 6th February, 2007 passed by the learned District Judge, Allahabad in Misc. Arbitration Case No. 10 of 2007 rejecting the application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter culled as 'Act, 1996').2. Under the order impugned learned Judge held that there is no valid and lawful arbitration agreement clause in between the parties and therefore, the court lacks jurisdiction to entertain the petition under Section 9 of the Act, and for want of jurisdiction the application is dismissed.3. Mr. Prashant Chandra, learned Senior Counsel appearing on behalf of the appellant, contended before this Court that the learned court below failed to appreciate two basic questions. Firstly, the court lacks inherent jurisdiction to decide the question of validity of the arbitration agreement which is the domain of the Arbitration Tribunal. Secondly, if at all such court inclines to determine the jurisdictio...
U.P. State Road Transport Corporation Vs. Smt. Rajani and ors.
Court: Allahabad
Decided on: Mar-16-2007
Reported in: 2007(2)AWC1867
V.M. Sahai and Sabhajeet Yadav, JJ.1. This first appeal from order has been filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and award dated 17.4.1992, passed by Motor Accident Claims Tribunal, Bulandshahr in M.A.C. Case No. 149 of 1988, Smt. Rajani and Ors. v. U.P. State Road Transport Corporation and Ors. whereby the claim petition was allowed and a sum of Rs. 2,97,100 was awarded as compensation alongwith 6% simple annual interest thereon from the date of filing claim petition to the date of actual payment. While awarding said compensation, although O.P. Nos. 1 and 3 (before Tribunal) were held liable for payment of compensation to the claimants to the extent of 50% each and were held jointly and severally liable for payment of aforesaid compensation, but it was further held that claimants shall be entitled to recover the said amount of compensation either jointly from O.P. Nos. 1 and 3 before Tribunal, i.e., U.P. State Road Transport Corporation and owner o...
Madan Shah and ors. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Mar-16-2007
Reported in: 2007(4)AWC3268
Janardan Sahai, J.1. In the basic year the respondents 3 to 6 were recorded. The petitioners are transferees of the respondents 3 to 6. Objections under Section 9 of the U.P. Consolidation of Holdings Act were filed by the respondent No. 2 Aram Shah and his brother Chandrapal. The objections were dismissed by the Consolidation Officer. The appeal filed by Aram Shah was also dismissed. However the revision filed by Aram Shah was allowed by the Dy. Director of Consolidation by his order dated 2.4.1994 and it was held that Aram Shah and others had matured their rights by adverse possession. The present petition filed by the petitioners against the order of the Dy. Director of Consolidation was dismissed on 17.11.2006. An application has been filed by the petitioners alleging that before the decision in the writ petition a notification under Section 6(1) of the U.P. Consolidation of Holdings Act was issued by the Slate Government on 19.7.2004 which had the effect of the consolidation opera...
Prag Ice Oil Mills Vs. Commissioner, Trade Tax
Court: Allahabad
Decided on: Mar-16-2007
Reported in: (2008)15VST153(All)
Rajes Kumar, J.1. These three revisions under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') are directed against the order of Tribunal dated August 1, 2000 relating to the assessment years 1974-1975, 1975-1976 and 1976-1977.2. The applicant was carrying on the business of manufacture and sale of edible oil. It is claimed that the edible oil was sold in tin containers. Tin containers were purchased within the State of U.P. In the bill, value of the oil and value of the tin containers had been separately shown and the tax liability had been admitted only on the turnover of edible oil and no tax liability had been admitted on the turnover of tin containers on the ground that the tin containers were purchased within the State of U.P. while passing the original assessment orders, the assessing authority accepted the claim and had levied the tax only on the value of the oil. The assessing authority thereafter passed the order under Section 21 of the Act an...
indo Irish Food Ltd. and ors. Vs. Central Bank of India and ors.
Court: DRAT Allahabad
Decided on: Mar-15-2007
Reported in: I(2008)BC128
1. This appeal has been preferred by appellant Indo Irish Foods Ltd., against an order dated 5th October, 2006 passed by learned Presiding Officer, D.R.T., Jabalpur in Original Application No. 129/2002 rejecting the application for the amendment in the written statement.2. By moving an amendment application the appellant prayed before D.R.T., Jabalpur in Original Application No. 129 of 2002 for addition of paras 68 to 109 after the para 62 and addition in paras 43 to 46, 50 to 56, 58 and 59 of the written statement on the ground that these defences could not be taken at the initial stage when the written statement was filed. He contended that these were necessary for the just decision of the case, hence, amendment should be allowed. Written objection was filed by the bank against above amendment. According to the bank the case was fixed for final hearing and with a view to delay the proceedings, firstly the appellant took time for settlement but never came forward sincerely for settle...
Commissioner of Wealth-tax Vs. Smt. Kiran Agarwal
Court: Allahabad
Decided on: Mar-15-2007
Reported in: (2007)212CTR(All)263; [2007]291ITR225(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for the opinion of this Court.Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the accountant's certificate can be furnished even during the course of assessment proceedings when as per the second proviso to Rule 9A of Schedule III of the Wealth-tax Act, 1957, the same is specifically required to be attached to the return of wealth ?2. The reference relates to the assessment year 1991-92.3. Briefly stated the facts giving rise to the present reference are as follows:4. In the return of her wealth for the assessment year under consideration, filed on October 30, 1991, the respondent-assessee had declared the value of some of the shares held by her on average basis as per the special provisions contained in Rule 9A of Schedule III ...
Commissioner of Income-tax Vs. Bhaiya Lal Shyam Behari
Court: Allahabad
Decided on: Mar-15-2007
Reported in: [2007]292ITR296(All)
1. The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), to this Court:Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the cancellation of penalty of Rs. 35,000 imposed under Section 271(1)(c) of the Act considered along with Explanation 1 thereto inserted with effect from April 1, 1976 ?2. The reference relates to the assessment year 1979-80 in respect of the proceedings initiated for imposition of the penalty under Section 271(1)(c) of the Act.3. Briefly stated the facts giving rise to the present reference are as follows:This is a case of a firm where certain deposits aggregating to Rs. 53,400 were found in the name of six persons in the books of account of the assessee and these deposits were found to be unexplained and added to the income of the assessee. Besides, another addition of Rs. 19,700 was m...
National Insurance Company Ltd. Vs. Aditya Kumar and anr.
Court: Allahabad
Decided on: Mar-15-2007
Reported in: 2007(3)AWC2611
R.K. Rastogi, J.1. F.A.F.O. No. 156 of 1996 has been filed by the National Insurance Company Ltd. against judgment and order dated 25.5.1996 of the Workmen's Compensation Commissioner/District Magistrate, Kheri in Case No. 5/96/15/14 under Section 22 of the Workmen's Compensation Act and F.A.F.O. No. 157 of 1996 has been filed against judgment and order dated 25.5.1996 of Workmen's Compensation Commissioner/District Magistrate, Lakhimpur Kheri in Case No. 6/98/16/15 under Section 22 of the Workmen's Compensation Act. Since the legal point involved in both these appeals is a common point of law, I have heard both these appeals together and now I am deciding both of them by a common judgment.2. The facts relevant for disposal of these appeals are that Man Bahadur nephew of Dhan Bahadur, respondent No. 2 in F.A.F.O. No. 156 of 1996 and Bachchu Singh husband of Smt. Omwati respondent No. 2 in F.A.F.O. No. 157 of 1996 were employed In a sugar factory situated at village Gaddiyana district L...
National Insurance Company Ltd. Vs. Rajendra Prasad and ors.
Court: Allahabad
Decided on: Mar-15-2007
Reported in: 2007(3)AWC2609
R.K. Rastogi, J.1. This is an appeal against award dated 20.12.1996, passed by Sri D.D. Upadhyay, IVth Additional District Judge/Motor Accident Claims Tribunal, Lakhimpur Kheri in M.A.C.P. No. 8 of 1994, Rajendra Prasad v. Narendra Misra and Anr.2. The facts relevant for disposal of this appeal are that on 5.8.1993 respondent No. 1 Rajendra Prasad was carrying passengers on his tango. driven by a mare. He was boarding some passengers at village Dhasarapur police station Fardhan district Kheri when Maruti car No. U.H.T. 9272 came from the side of Gola Gokaran Nath. It was owned by Narendra Misra and Virendra Misra, respondents 2 and 3. The Maruti car hit the tanga and consequently some passengers received injuries. The mare also received injuries and died after the accident. Rajendra Prasad also received injuries in this accident. The Maruti car was insured with the National Insurance Company, present appellant. Rajendra Prasad filed two claim petitions, one in respect of the injuries r...
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