Allahabad Court May 2008 Judgments
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Delhi Public School Vs. Oriental Insurance Co. Ltd. and ors.
Court: Allahabad
Decided on: May-01-2008
Reported in: 2008(3)AWC2719
ORDERAmitava Lala, J.1. This appeal has been made by the owner of the vehicle making the insurance company as well as claimants as party respondents. The judgment and order dated 9th January, 2008, passed by the concerned Motor Accident Claims Tribunal, Bulandshahr is under challenge in this appeal. The owner has contended that the claim is covered by the comprehensive insurance policy. The insurance company itself contended before the Tribunal that the policy is comprehensive. We have called upon the parties to show the policy. A photocopy of the insurance policy has been produced before this Court which is directed to be kept with the record. From the policy we find that four persons are allowed to travel by the Maruti Car. i.e., the vehicle involved in the accident. On the fateful day at the time of accident the car was being driven by the owner when the deceased driver was sitting by the side of the owner. The Tribunal has taken a plea that since the driver seems to be the occupier...
Balaji Rice Industries Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-01-2008
Reported in: 2008(3)AWC2213
ORDERSushil Harkauli and Rakesh Sharma, JJ.1. An objection was raised in this case that the Assessing Officer of the petitioner company is located at Unnao, which is within the territorial jurisdiction of Lucknow Bench of this Court, and therefore, this writ petition is not maintainable at Allahabad. Reliance in support of this objection was placed upon three decisions of the Supreme Court namely, Kusum Ingots & Alloys Ltd. v. Union of India and Anr. : 2004(186)ELT3(SC) and Ambica Industries v. Commissioner of Central Excise : 2007(213)ELT323(SC) and U.P. Rashtriya Chini Mills Adhikari Parishad v. State of U.P. and Ors. : AIR1995SC2148 .2. So far as, the decision of the Supreme Court in the case of Ambica Industries (supra) is concerned, it is concerned with the statutory appeals and the. issue was with regard to interpretation of the words the High Court'. The principle enunciated therein will not apply to writ jurisdiction inasmuch as, a writ petition can be filed in the High Court w...
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