Allahabad Court July 2008 Judgments
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Raghubar Dayal Vs. Addl. District Collector and ors.
Court: Allahabad
Decided on: Jul-11-2008
Reported in: 2008(4)AWC4120
Rakesh Tiwarl, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed for quashing the impugned orders dated 31.3.1993 and 30.6.1992 passed by respondent Nos. 1 and 2 respectively.The case of the petitioner is that the petitioner's house is situate in plot No. 654/2 since before the U.P. Zamindari Abolition and Land Reforms Act. The disputed land is the site land attached to the house and is part and parcel of the house. Consequently it does not come under the category of the land as defined under the U.P. Zamindari Abolition and Land Reforms Act and the house along with the site land attached to the house vested with the petitioner.3. Case No. 34/90-91, Gram Sabha Bamrauli Katara v. Raghuwar Dayal was initiated in pursuance of the report of Lekhpal dated 10.5.1990 in which it was reported that the petitioner has illegally constructed a chabutra in front of his house which is the land of Gaon Sabha, hence he be dispossessed from the said ...
Divisional Manager, National Insurance Co. Ltd. Vs. Smt. Shimla and or ...
Court: Allahabad
Decided on: Jul-11-2008
Reported in: 2009(1)AWC193
Amitava Lala, J.1. This is an appeal of insurance company challenging the judgment and order dated 11.4.2008, passed by the concerned Motor Accident Claims Tribunal, Jhansi.2. The main contention of the insurance company is that when the vehicle was running on a high way, Trade Tax authorities stopped the name and after parking at a particular point, the driver was beaten extensively, which caused his death. It appears to be State sponsored murder. Therefore, such an incident cannot be construed as an accident under the Motor Vehicles Act, 1988 arising out of use of motor vehicle. Apart from the aforesaid point, learned Counsel appearing for insurance company raised the point of quantum of compensation on the basis of the income of Rs. 2,000 per month as per the oral evidence. But it is recorded under the judgment and order that no evidence was led by the insurance company. Therefore, having no denial or rebuttal, we cannot accept the argument of the insurance company ex facie. So far ...
New India Assurance Co. Ltd. Vs. Smt. Sukhbiri Devi and ors.
Court: Allahabad
Decided on: Jul-11-2008
Reported in: 2009(1)AWC186
ORDERAmitava Lala, J.1. Insurance company has preferred this appeal from the judgment and order dated 19.2.2008, passed by the concerned Motor Accident Claims Tribunal, Muzaffarnagar, by saying that there should be deduction of 2/3rd instead of 1/3 of expenses which the victim would have incurred towards maintaining himself had he been alive.2. It is true to say that the same is depending upon the circumstances of each case and we have already held in an earlier occasion to that extent. The Supreme Court had already said that the Second Schedule under Section 163A is a guide but not a ready reckoner to follow it strictly. However, an exception cannot override the general rule applicable in the cases. More below the Second Schedule under Section 163A clearly speaks that in the case of fatal accident, claims shall be reduced by 1/3 in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. In this case, the claimants were mother; ...
In Re: J.K. Cement Ltd.
Court: Allahabad
Decided on: Jul-11-2008
Reported in: [2009]90SCL151(All)
ORDERPrakash Krishna, J.1. Heard Shri R.P. Agrawal, learned Counsel appearing for the applicant companies.2. A joint application under Section 391(1) read with Section 393 of the Companies Act has been filed by (1) J.K. Cement Limited (2) Jaykaycem Limited seeking the following reliefs-1. to call the meetings of the equity shareholders and the creditors of the transferee-company to be held at Merchants Chamber of U.P., 14/76, Civil Lines, Kanpur, on such date and time as this Hon'ble Court may deem fit and proper;2. to dispense with the meeting of shareholders of the transferor-company;3. to appoint chairman for the meetings to be so held;4. to fix the quorum for the meetings to be so held and the procedure to be followed at such meetings including voting by proxy;5. to specify the time within which the chairman of the meetings shall report to this Hon'ble Court the result of the meetings;6. to direct for publication of notices of the meetings in the newspapers as proposed in para 21 o...
National Insurance Co. Ltd. Vs. Shimla and ors.
Court: Allahabad
Decided on: Jul-11-2008
Reported in: 2010ACJ74
Amitava Lala, J.1. This is an appeal of insurance company challenging the judgment and order dated 11.4.2008 passed by the concerned Motor Accidents Claims Tribunal, Jhansi.2. The main contention of the insurance company is that when the vehicle was running on a highway, Trade Tax Authorities stopped the same and after parking at a particular point, the driver was beaten extensively, which caused his death. It appears to be State sponsored murder. Therefore, such an incident cannot be construed as an accident under Motor Vehicles Act, 1988, arising out of use of motor vehicle. Apart from the aforesaid point, learned Counsel appearing for insurance company raised the point of quantum of compensation on the basis of the income of Rs. 2,000 per month as per the oral evidence. But it is recorded under the judgment and order that no evidence was led by the insurance company. Therefore, having no denial or rebuttal, we cannot accept the argument of the insurance company ex facie. So far as t...
Commissioner of Trade Tax Vs. Chirangi International
Court: Allahabad
Decided on: Jul-11-2008
Reported in: (2010)28VST183(All)
Prakash Krishna, J.1. Challenging the legality and validity of the Tribunal's order dated February 7, 2000, the present revision is at the instance of the Department.2. The Tribunal by the order under revision passed in Second Appeal No. 80 of 1998 relevant to the assessment year 1994-95 (U.P.) allowed the appeal in part filed before it by the dealer-opposite party and remanded the matter to the assessing authority with a direction to examine form IIIB Nos. 175965 and 034704 and counterfoil of form No. 87566. It has been further provided that on verification of all these forms their benefits should be extended to the dealer-opposite party.3. The Commissioner, Trade Tax, is aggrieved with the order of the Tribunal to a limited extent. The submission is that the Tribunal was not justified in accepting the counterfoil of form IIIB (form No. 87566). With regard to the rest, no grievance was raised by the learned Standing Counsel during the course of the hearing.4. In the memo of the revisi...
Nagar Palika Parishad Through Its Executive Officer Vs. Smt. Shamshida ...
Court: Allahabad
Decided on: Jul-10-2008
Reported in: 2008(4)AWC3380(All)
Amitava Lala, J.1. This is an appeal of Nagar Palika Parishad, Muzaffar Nagar challenging the judgment and order dated 10th April, 2008 passed by concerned Motor Accidents Claims Tribunal, Muzaffar Nagar. The quantum of the awarded amount is Rs. 3,33,400/- on account of death of pillion rider of the motor cycle i.e. different vehicle. The accident was caused due to rash and negligent driving of the motor vehicle i.e. Swaraj Mazda. The deceased was aged about 30 years working as mason. The tribunal arrived at the finding of monthly income at Rs. 2,400/- after making 1/3rd deduction and applying multiplier of seventeen.2. Learned Counsel appearing for the insurance company contended before this Court that the pillion rider is a gratuitous passenger following the judgment of Supreme Court reported in : AIR2006SC1576 (United India Insurance Co. Ltd. v. Tilak Singh and Ors.). He further contended that such judgment was followed in the latest Supreme Court judgment being Civil Appeal No. 363...
U.P. State Road Transport Corporation Through Regional Manager Vs. Vid ...
Court: Allahabad
Decided on: Jul-10-2008
Reported in: 2008(4)AWC3528(All); [2008(119)FLR865]
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. This writ petition has been filed against the award dated 19.12.1996 passed by the Labour Court, U.P. Varanasi in Adjudication Case No. 271 of 1989. The impugned award has been enforced by publication on the notice board under Section 6-A of the U.P. Industrial Disputes Act, 1947 on 19.9.1997.3. Respondent No. 1 was driving the bus of the U.P. State Road Transport Corporation on 14.8.81. While the bus was being driven by the respondent workman on Varanasi Korwan enroute it collided with another bus. The charge sheet was issued to respondent No. 1 in this petition on the ground that the bus was being driven by him in a rash and negligent manner as such it has met with an accident and the Corporation has suffered a loss to the extent of Rs. 40,000/-. After holding domestic enquiry respondent No. 1 was dismissed from service vide order dated 29.12.1988 and an industrial dispute was raised by him alleging i...
Parle Biscuits Pvt. Ltd. Vs. Kabisco Agro Foods (India) Pvt. Ltd.
Court: Allahabad
Decided on: Jul-10-2008
Reported in: 2008(4)AWC3404
Amitava Lala, J.1. This is an appeal of the plaintiff/appellant from the judgment and order dated 17th May, 2008 passed by concerned Civil Judge (Senior Division), Gautam Budh Nagar. By making this appeal the plaintiff/appellant contended before this Court that the appellant has instituted a suit for specific performance and injunction before the court below on the basis of Memorandum of Understanding (hereinafter called as 'M.O.U.') to purchase the immovable properties of the defendant/respondent company at least in a sum of Rs. 9.0 crore or so. By this time they have paid about Rs. 3.0 crore and odd. Therefore, they are supposed to get an order of injunction to prevent the apprehension of alienation of property to a third party. On a specific query of this Court on this point, it has been contended by Mr. H. Upadhyay, learned Counsel appearing in favour of the plaintiff/appellant that the apprehension is apparent from the paragraph 11 of the written statement already filed by the def...
Commissioner, Trade Tax Vs. Sharda Trading Company
Court: Allahabad
Decided on: Jul-10-2008
Reported in: (2009)26VST376(All)
Prakash Krishna, J.1. These revisions were heard together and are being disposed of by a common order as identical controversy is involved therein. These revisions arise out of the proceeding under Section 21 of the U.P. Trade Tax Act, 1948.2. The dealer-opposite party was carrying on the business of purchase and sale of foodgrains, oil-seeds, etc. Original assessment order was passed on February 9, 1990. The said assessment order was sought to be reopened on the ground of escaped turnover under Section 21 of the Act on the basis of certain information received from Krishi Utpadan Mandi Samiti, Rath. Notice under Section 21 was served on the dealer-opposite party by affixation. Reassessment order was passed ex parte. Against the ex parte reassessment order, the appeal preferred by the dealer-opposite party was allowed by the first appellate authority on a short ground that notice under Section 21 of the Act was not validly served. The order of the first appellate authority was challeng...
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