Court : Allahabad
Decided on : Dec-11-1984
Reported in : AIR1985All114
S.K. Dhaon, J.1. The petitioner, who claims to be a social worker, has invoked the extraordinary jurisdiction under Article 226 of the constitution by initiating so-called public interest litigation blended with the enforcement of his legal rights, though in a half-hearted manner. This Court is being asked to set at naught the process already commenced for constituting the Eighth Lok Sabha (House of the People).2. The term of the Seventh Lok Sabha expires on 20th January, 1985. The President on 20th November, 1984 issued a notification published in the Gazette of India (Extraordinary) whereby in the purported exercise of powers as contained in Sub-section (2) of Section 14, Representation of the People Act, 1951 (hereinafter referred to as the Act) he called upon all parliamentary constituencies (other than those within the States of Assam and Punjab) to elect members of a new House of the People. The petitioner, who appears in person, questions the jurisdiction of the President to iss...
Tag this Judgment!Court : Allahabad
Decided on : May-07-1984
Reported in : AIR1984All234
H.N. Seth, J.1. A Scheme known as Sikandara Grihsthan Evam Sarak Yojna, Agra was notified under Section 28(1) of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam) on 4th April, 1970. In due course the said notification was followed by a notification under Section 32 (1) of the Adhiniyam published in the U. P. Gazette dated 28th June, 1980.2. The two petitioners, namely Doctors' Sahkari Grih Nirman Samiti Ltd. and Ram Babu Gupta filed the present petition on 30th April. 1981 and questioned the authority of the Board constituted under the Adhiniyam to, in pursuance of the aforesaid notification, acquire their rights in respect of certain Bhumidhari plots mentioned in paragraph '2' of the petition. They submitted that in view of Section 55 of the Adhiniyam. which lays down that any land or any interest therein required by the Board for any of the purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1894 (Act No...
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-1984
Reported in : AIR1984All174
B.D. Agarwal, J.1. This is plaintiff's appeal. 2. The plaintiff is a Co-operative Society registered under the Co-operative Societies Act, 1912. It runs a Sugar Factory in Bazpur district Nainital. The defendant No. 1 is the sole proprietor of the Firm arrayed as the defendant No. 2. On Sept. 18. 1969 the parties entered into a contract in writing whereby the defendant No. 1 agreed to supply to the plaintiff 1000 Brass Tubes. The price agreed was Rs. 30/- per kilo F.O.R., Bazpur and this was inclusive of sales tax, excise duty, transportation, packing and forwarding charges. Of the goods 50% was to be supplied latest by October 31, 1969 and the rest within Nov. 30, 1969. A sum of Rs. 67,215/- was paid to the defendant No. 1 by the plaintiff by cheque the same day as advance money. The Brass Tubes in question were to be those manufactured by M/s. Kamani Tubes Private Ltd. Bombay. Despite the plaintiff having agreed to take the supply beyond the stipulated period, the defendant No. 1 fai...
Tag this Judgment!Court : Allahabad
Decided on : Jan-19-1984
Reported in : AIR1984All169
ORDERB.D. Agarwal, J. 1. These connected revisions are directed against a common order passed by the Second Additional Civil Judge, Kanpur dated Nov. 13, 1980 under Section 47. Civil P. C. 2. The revisions arise from the original suit No. 173 of 1954 instituted in the Court of the Subordinate Judge, Kanpur by Sahdeo prasad Verma and othersagainst Raja Ram and others. In brief the allegations of the plaintiffs were that one Hakim Sarju Prasad had created a trust by Will dated Oct. 16, 1907 in respect of house No. 75/109 Ranjeet Purwa Kanpur. The plaintiffs were the trustees. Mahadeo Prasad had been managing for some time the trust property on behalf of the trustees. Taking advantage of his position Mahadeo Prasad declared himself as the owner of the house a will was also executed by him on May 13, 1943 in favour of his daughter and the wife. Subsequent to the death of Mahadeo Prasad these persons asserted themselves to be the owners of the house. The tenants in the house were in collusi...
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-1984
Reported in : AIR1985All197
I.P. Singh, J.1. All the abovementioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under section 110-A of the Motor Vehicles Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N, Singh, the learned Accidents claims Tribunal, Allahabad, on 29-4-1982. The above eight F. A.F.Os. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-82.2. All the abovementioned eight F.A.F.Os. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-80 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U. P. State Transport Corporation (hereinafter referred to as the Corporation) bus No. U.T.B. 5112 collided on Stanley Road Opposite Tej Bahadur Sapru ...
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-1984
Reported in : AIR1985All21
B.D. Agrawal, J. 1. In this second appeal the question raised is whether the defendant-appellant is entitled to the benefit of Section 77B Indian Railways Act for short 'Act'.2. On April 10, 1968, Kailash Chand Jain -- a partner of the plaintiff-respondent firm, delivered two bars of silver to the railway administration at the Agra Fort Railway Station for being carried by the 84 Up Passenger Train to PDGR Bombay station and delivered to their commission agent, namely, M/s. Jain Brothers. The consignment was accepted by the railway administration and the Parcel Way Bill was issued to the consignor. Ordinarily the consignment ought to have reached the destination within two or three days. One of the bars of silver arrived at the Bombay Station, however, on June 21, 1968, and was delivered to the consignee. The other bar did not reach and it did not come to be delivered. The plaintiff gave notice under Section 78B of the Act on May 30, 1968; the notice under Section 80 Code of Civil Proc...
Tag this Judgment!Court : Allahabad
Decided on : Sep-27-1984
Reported in : AIR1985All34
N.D. Ojha, J. 1. This writ petition was referred to a Full Bench fry a learned Single Judge of this Court for consideration of the question whether the decision of a Division Bench of this Court in the case of Dalip Singh v. Deputy Director of Consolidation, Moradabad : AIR1976All433 required reconsideration in view of the fact that the decision of the Supreme Court in the case of Mathura Prasad v. Dossibai : [1970]3SCR830 was not brought to the notice of the learned Judges who decided the case of Dalip Singh (supra) It is thus that this writ petition has come before us.2. The facts and circumstances on account of which the aforesaid point arose for consideration may now be stated.3. Smt. Murta, the grandmother of the petitioner, who had been appointed guardian of the petitioner under the Guardians and Wards Act, 1890, after obtaining the permission of the District Judge executed a sale deed on 27th August, 1963, in respect of certain agricultural plots of which the petitioner was the ...
Tag this Judgment!Court : Allahabad
Decided on : Aug-28-1984
Reported in : (1985)44CTR(All)300; [1984]150ITR410(All)
Ojha, J. 1. The assessee-respondent, M/s. Solar Chemicals Private Ltd., Kanpur, is a private limited company. It was incorporated on August 30, 1960, and carries on business of manufacture of sodium sulphate. Earlier, this business was being carried on by a partnership firm, M/s Solar Chemicals. Subsequently the respondent took over this business and started manufacturing sodium sulphate on January 1, 1960. It filed its return for the assessment year 1963-64 showing an income of Rs. 5,604. However, the assessment was made under Section 143(3) of the I.T. Act, 1961 (hereinafter referred to as the 'Act'), on an income of Rs. 17,628. Subsequently on coming to know that some hundi loans and unexplained share capital appearing in the balance-sheet had not been shown by the respondent in the return, a notice was issued under Section 148 of the Act. In response tothat notice, the respondent appeared and filed its return. Subsequently, however, it moved an application before the IAC offering t...
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1984
Reported in : AIR1985All110
1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 has been directed against the judgment and order dated 3-5-1977 passed by the Motor Accident Tribunal (hereinafter referred to as Tribunal) awarding Rs. 7000/- to the appellants as compensation for the death of their son namely Annu, aged about 6 years, who was run over on 28-10-1974 by a truck owned by respondent No. 1 M/s. Arjun Das Parmanand.2. The brief facts of the case are that on 28-10-1974 at about 4.30 p.m., Annu -- son of the appellants was going on Hamirpur road in the city of Ranpur on left side kacehi patri when suddenly truck No. UPD 8865 crushed him to death. This truck was rashly and negligently driven as a consequence of which Annu died on the spot. First Information Report was lodged at the police station Juhi, Kanpur by Rameshwar Parsad (P. W. 2), who had seen the boy being crushed. Post mortem examination was conducted by the Chief Medical Officer who found 4 injuries on his body. The cause of death ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-1984
Reported in : 1(1985)ACC298
I. P. Singh, J. 1. All the above mentioned four accidents claims Nos. 208 to 211 of 1980 were filed to claim compensation under Section 110-A of the Motor Accident Act as a result of accident involving motor vehicles. The award in the above accident claims was given by Sri S.D.N. Singh, the learned Accidents Claims Tribunal, Allahabad, on 29-4-1982. The above eight F.A.F.O.S. have been filed against the said award. However, it appears that by some mistake the date of the said award in Km. Deepti's F.A.F.O. No. 589 of 1982 and that Km. Diviya's F.A.F.O. No. 592 of 1982 has been wrongly mentioned as 16-8-1982.2. All the above mentioned eight F.A.F.O.S. having arisen out of a common award are hereby being disposed of by a common judgment.3. It is not disputed that on 21-6-1980 at about 9.30 P.M. in the City of Allahabad army truck No. 73-C/4993Y and U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) bus No. UTB 5112 collided on Stanley Road Opposite Tej Bah...
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